[Senate Report 113-113]
[From the U.S. Government Publishing Office]
113th Congress Calendar No. 218
1st Session SENATE Report
113-113
_______________________________________________________________________
STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013
----------
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
together with
ADDITIONAL VIEWS
to accompany
S. 1094
October 11, 2013.--Ordered to be printed
STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013
113th Congress Calendar No. 218
1st Session SENATE Report
113-113
_______________________________________________________________________
STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013
__________
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
together with
ADDITIONAL VIEWS
to accompany
S. 1094
October 11, 2013.--Ordered to be printed
C O N T E N T S
Page
Page
I. Purpose, Need for Legislation, and Goals of Reauthorization......1
II. Legislative History and Committee Action.........................5
III. Explanation of Bill and Committee Views.........................15
IV. Regulatory Impact Statement.....................................61
V. Application of Law to the Legislative Branch....................62
VI. Cost Estimate...................................................62
VII. Section-by-Section Analysis.....................................71
VIII.Additional Views................................................92
IX. Changes in Existing Law.........................................99
Calendar No. 218
113th Congress Report
SENATE
1st Session 113-113
======================================================================
STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013
_______
October 11, 2013.--Ordered to be printed
_______
Mr. Harkin, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S.1094]
The Committee on Health, Education, Labor, and Pensions to
which was referred the bill (S.1094) to amend the Elementary
and Secondary Education Act of 1965, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill (as amended) do pass.
I. Purpose, Need for Legislation, and Goals of Reauthorization
The Strengthening America's Schools Act of 2013 (SASA) is a
comprehensive reauthorization of the Elementary and Secondary
Education Act of 1965 (ESEA). Its purpose is to once again,
affirm the Federal focus on preK-12 education policy to ensure
access and equity of educational opportunities for all
students. The committee also intends this Act to update,
improve and streamline programs under the ESEA for the next 5
years. SASA represents the Federal Government's continued
commitment to preK-12 education, to students in disadvantaged
situations, and recommits the Federal Government to the
fundamental goals of the Elementary and Secondary Education Act
as passed in 1965.
Equity and access to high quality education has been the
purpose of Federal education law since the passage of ESEA in
April 1965. ESEA, the first large-scale Federal education act,
focused resources on schools serving disadvantaged students and
became the first of three legs in the Federal education
footprint to address access and equity. Along with the Head
Start Act of 1965 and the Educating All Handicapped Children
Act of 1975 (now known as the Individuals with Disabilities
Education Act), ESEA made the promise to prepare all children
for school and provide educational opportunities for each of
those children.
Since the original implementation of those three laws, much
has improved. We now serve almost 1 million children each year
through the Head Start and Early Head Start programs, enhancing
the lives of those children and their families by providing
services and supports that prepare those children for school.
IDEA provides the over 6 million students with disabilities
with access to school, something not guaranteed prior to its
passage. ESEA, the first leg of Federal education legislation,
has provided enormous support to schools, teachers, and
communities aiming to ensure disadvantaged students have access
to high quality education.
Despite these landmark efforts, much remains to be
accomplished. Since the identification of a ``rising tide of
mediocrity'' by the Reagan era report ``A Nation at Risk,'' we
have seen a Federal focus on improving education outcomes,
particularly for those students most at need. With the passage
of the Improving America's Schools Act (IASA) in 1994, the
concepts of state-wide standards and setting goals for all
students were introduced to Federal education policy. In 2001,
Congress passed the No Child Left Behind Act (NCLB) which added
accountability requirements to Federal education policy in
pursuit of ESEA's historic mission of supporting equitable
access to education. With NCLB, our Nation said it was
imperative that all students in every State, including those
who are poor students, those who are minorities, those with
disabilities, and those who are English learners, must have
both the expectation to meet high academic standards and access
to the teachers, materials, and other resources to have the
opportunities to achieve those standards. No longer would
students in one part of a State or even one part of a school
district be subjected to lower expectations and fewer
educational supports.
NCLB brought with it not only high expectations for all
students but requirements that schools must communicate to
families and communities about how well, or in some cases, how
poorly, schools were meeting the goals of preparing students.
That reporting had to occur not only for a State or a school
district but for each school and for each group of students
within a school. No longer would States or districts or schools
be able to serve most of their students well. With NCLB each
State education system was held accountable for the outcome for
all students.
However, there were challenges with NCLB. The
accountability goals established by NCLB were one-size-fits-all
goals and did not take into consideration the needs of local
districts. Likewise, in many cases the reporting requirements
that made NCLB such a breakthrough were weakened by exempting
thousands of schools from those requirements, thus denying
families and communities crucial information by which to hold
their local schools accountable. NCLB also contained a loophole
that allowed valuable resources to be diverted from schools
most in need of more support and used by schools with access to
greater resources, thus denying the children most in need the
high quality education intended by the passage of ESEA in 1965.
Within this context, the committee set forth to build on
the strengths of previous Federal education policy and to forge
new, stronger, more flexible partnerships with States, local
school districts and the communities where children learn. With
reporting out the Strengthening America's Schools Act of 2013,
it is the intent of the committee to forge these partnerships
in order to jointly establish high expectations for all
students and to provide States and local school districts with
the resources and flexibility to meet those expectations,
particularly for disadvantaged students.
To address the educational needs of the country and to
create stronger partnerships that enhance the opportunities for
children throughout the Nation, the Strengthening America's
Schools Act of 2013 builds on the work of the past 37 years and
upholds the original intent of the Elementary and Secondary
Education Act of 1965.
Specifically, the SASA maintains the Federal commitment to
equity and access to educational opportunities through
continued transparency of data and the fair distribution of
resources. State and local educational agencies will continue
to be required to teach all students to rigorous standards that
will prepare them for postsecondary education and for careers.
Students will continue to be assessed in the areas of
mathematics and reading, and results of those assessments will
be reported to families and communities in order to provide
them with information about the effectiveness of their local
schools and the data to participate in the improvement of those
schools. That assessment data will be reported by subgroups so
that families and communities will also know how well schools
are instructing all groups of students and will be able to
target resources to those groups most in need.
SASA also closes a loophole in the requirement of local
school districts to ensure schools in the poorest areas receive
at least as much funding as those in wealthier areas. In the
past, local educational agencies have been permitted to use
average teacher salaries to calculate the distribution of funds
to schools. Under SASA, schools will need to use actual
salaries to determine the level of resources each school is
receiving.
Decades of research have shown that providing high quality
early education to children enhances their educational
outcomes. SASA focuses greater attention than previous
reauthorization bills on children during their early years, at
the K-3 grades and before entry into school. The Act provides
for greater access to high-quality literacy instruction in
early childhood education programs and encourages States to
provide full-day kindergarten if it is not yet available to
families. SASA also encourages districts with the lowest
performing schools to develop or expand early childhood
education to increase the likelihood of children entering
school ready to learn.
SASA sets a goal of ensuring that all students are college-
and career-ready when they graduate from high school and
targets Federal intervention to the poorest performing schools
in each State. The bill aims for a Federal role that is more
focused, provides States and local educational agencies with
more flexibility, and strives for more efficiency. It does this
by focusing on teaching and learning, not unnecessary testing
and sanctioning. SASA eliminates the Federal one-size-fits-all
approach and replaces it with State-designed accountability
systems, and allows States to identify their own performance
targets and to design their own accountability systems to
measure the academic growth of each child, and to include
assessments in other subjects when measuring the performance of
students.
SASA recognizes that, day-to-day, it is teachers and
principals who make the difference in the lives of their
students. To that end, the committee has crafted SASA in such a
way as to support teachers as they become as effective as
possible for the students they serve. SASA requires States to
craft professional development processes that provide teachers
and school leaders with feedback about their instruction and
management. That information comes from multiple sources,
including student achievement, supervisor or peer observations
and other sources such as student feedback.
In addition, SASA would provide resources to improve
teachers' skills in the STEM subjects and prepare more teachers
to work with the diverse learners in America's schools,
including students with disabilities and English learners. SASA
also provides incentives to ensure that effective teachers and
leaders are working with those children who are most in need.
SASA consolidates dozens of small programs into larger,
more comprehensive grant programs to help leverage better
teaching and learning. These new programs--such as high school
reform; literacy; STEM; and successful, safe and healthy
students--will be more focused to support better results and
leverage more improvements, while also providing greater
flexibility to parents, schools, and States to adopt the best
approach to improving the education of their children. This
flexibility also allows States and local educational agencies
to determine which interventions best fit their needs.
While SASA consolidates many programs, it also maintains
and improves programs designed to support special populations,
including English learners, American Indian students, native
Hawaiian students, native Alaskan students, neglected and
delinquent children, children in foster care, and homeless
students. The bill also supports students with disabilities as
they participate in the general education experience and work
to attain college- and career-readiness alongside their peers.
The SASA provides two other important tools for schools and
for the communities they serve. The first is the expanded
collection of critical data and a report, the equity report
card, which will allow families to quickly determine how
effective the school is at teaching children, the resources
available to the school, and the school climate for learning.
This information is a valuable tool for families and school
personnel. The second is a prohibition on discrimination
against students based on their sexual orientation, their
perceived sexual orientation, or their association with another
student based on their sexual orientation. This new protection
will further enhance the learning environment of schools and
allow for better academic outcomes for all students.
In closing, the committee understands the Federal
Government provides only a fraction, approximately 10 percent,
of the overall funding for elementary and secondary education
in the United States. As such, SASA once again reminds States
that they are free to choose to no longer participate in or
accept Federal support for education. If, however, States
decide to accept Federal resources, they must comply with the
requirements associated with those funds. This has been the
approach of Congress since the original passage of the
Elementary and Secondary Education Act in 1965. The role of the
Federal Government in education was clearly articulated in that
original bill. That role, to promote economic and social
opportunity through access to high quality education, is what
drives the programs in SASA.
II. Legislative History and Committee Action
PREVIOUS REAUTHORIZATION EFFORTS
During the 112th Congress, the Health, Education, Labor,
and Pensions Committee, under the leadership of Chairman Harkin
and Ranking Member Enzi, considered the Elementary and
Secondary Education Reauthorization Act (S.3578). In
preparation for consideration of S.3578, the committee held 11
hearings addressing ESEA issues.
On October 20, 2011, after a 2-day executive session to
markup the bill, S.3578 was adopted by a roll-call vote of 15
ayes and 7 nays. The bill was reported out of committee on
September 20, 2012. The bill was not brought to the Senate
floor and died with the conclusion of the 112th Congress.
HEARINGS
After S.3578 was adopted by the committee, 7 additional
hearings were held. Unlike the 11 hearings prior to
consideration of S.3578, these hearings addressed specific
issues such as education technology, accelerated learning, and
bullying in schools. The seven hearings culminated with a
session examining the flexibility waiver process initiated by
the Obama administration to address some of the concerns of
States and districts related to the goals of NCLB. A brief
description of each hearing, including witnesses, follows.
Beyond NCLB: Views on the Elementary and Secondary Education
Reauthorization Act (November 8, 2011)
This hearing was held at the request of Senator Rand Paul
and is the one exception to the issue specific approach the
committee took to examine ESEA prior to the markup of S.1094.
This hearing was a roundtable with 10 witnesses. Its focus was
on the overall impact of NCLB and what steps need to be taken
to strengthen ESEA. Witnesses included:
Amanda Danks, a lead teacher at Wm. S. Baer School
in Baltimore City public schools (Baltimore, MD), who shared
her experiences with assessment of students focusing on
formative data collection, teacher professional development to
create highly effective teachers, and the need for high
expectations for all students.
Pam Geisselhardt, a gifted and talented
coordinator for Adair County schools (Columbia, KY), who spoke
of the negative impact of NCLB on student instruction as it
related to addressing the needs of students above and below the
mean, and argued for more State and local control related to
instruction of students and evaluation of teachers.
Terry Grier, superintendent of Houston Independent
School District (Houston, TX), who spoke about the importance
of using professional development and teacher evaluation
systems to retain highly effective teachers and replace poorly
performing teachers.
Wade Henderson, president and CEO of The
Leadership Conference (Washington, DC), who described the need
to reauthorize ESEA while retaining performance targets for
schools, districts, and States. He also emphasized that the
role of the Federal Government in education policy is to ensure
equitable distribution of resources to less well-off students
and communities.
Frederick (Fred) Hess, resident scholar and
director of education policy at the American Enterprise
Institute (Washington, DC), who emphasized his point of view
that the Federal Government should be responsible for
collection of data and research related to education and should
not be focusing on methods or strategies for improving the
performance of teachers and schools.
Tom Luna, Idaho superintendent of Public
Instruction (Boise, ID), who emphasized the critical need of
ensuring high quality, effective teachers are available in each
classroom and using both evaluation and pay for performance as
methods for attracting, retaining and improving teachers.
Katherine (Katy) Beh Neas, senior vice president
for Governmental Relations of Easter Seals (Washington, DC),
who discussed the importance of including students with
disabilities in the accountability process and the value of
collecting and reporting school level data on the outcomes for
students with disabilities.
Charles Seaton, a teacher at Sherwood Middle
School in Memphis City schools (Memphis, TN), who spoke about
the importance of ensuring all teachers in each classroom are
effective teachers and the use of a supportive teacher and
school leader evaluation system to foster the development of
effective teachers.
Jon Schnur, co-founder and chairman of the board
of New Leaders (New York, NY), who spoke about the need for
high expectations for all students, the need for effective
school leaders, the importance of performance targets for
schools and districts, and more effective use of professional
development funds.
Elmer Thomas, principal at Madison Central High
School of Madison County school district (Richmond, KY), who
spoke about the importance of removing the requirement of
adequate yearly progress and allowing the use of a growth model
when determining the proficiency of students and the
effectiveness of teachers.
The Promise of Accessible Technology: Challenges and Opportunities
(February 2, 2012)
This hearing focused on the use of technology in schools,
from preschool through postsecondary education, and how
accessibility of that technology has an impact on student
achievement. While not solely focused on PK-12 education, the
witnesses spoke to the accessibility of technology used in
schools and how technology can make curriculum accessible to
all students. The hearing was composed of two panels. The
single witness on the first panel was Eve Hill, the senior
counselor to the Assistant Attorney General for Civil Rights at
the Department of Justice (Washington, DC). She emphasized the
quick and vast transformation that is taking place in schools
related to technology and cautioned that schools, from early
childhood programs through universities, must take care in
adopting technology that is accessible to all students, and to
demand of vendors and manufacturers technology, software, and
support services that are accessible to all students.
The second panel was composed of three witnesses,
including:
Mark Riccobono, the executive director of the
Jernigan Institute of the National Federation of the Blind
(Baltimore, MD), who spoke about the technology in schools
being both the possible avenue for access to information for
all students or a barrier to a rigorous education if the
technology is not accessible.
John B. Quick, superintendent of the Bartholomew
Consolidated School Corporation (Columbus, IN), who described
the importance of universal design for learning and how the
adoption of accessible technology in his school district for
all students has had positive outcomes for all students in
terms of academic achievement as well as school attendance and
positive social interactions. He reported that academic
improvements have occurred not only in students with
disabilities but also students eligible for free or reduced
meals and students who are English learners.
Mark Turner, the director of the Center for
Accessible Media and the Accessible Technology Initiative of
the California State University System (Long Beach, CA), who
spoke about the power of schools to influence the accessibility
of hardware and software through their purchasing decisions.
Effective Strategies for Accelerated Learning (April 18, 2012)
This full committee hearing focused on accelerated learning
approaches including competency-based curricula, advanced
placement courses, dual-credit courses, and early college high
schools. This full committee hearing consisted of one panel
composed of the following witnesses:
Thomas W. Rudin, senior vice president for
Advocacy in the Government Relations & Development at The
College Board, reviewed the structure of advance placement
courses, who takes them, and their impact on student
achievement. He reviewed the participation rates and outcomes
for students from low-income families and students of color.
Carolyn Bacon Dickson, executive director for the
O'Donnell Foundation, The Texas AP Incentive Program (Dallas,
TX) and member of the Board of Directors for the National Math
and Science Initiative focused on the importance of having
well-trained, qualified, and effective teachers as instructors
for accelerated learning experiences.
Peter Winograd, director of the University of New
Mexico Center for Policy Research (Albuquerque, NM) who focused
on the impact of accelerated learning, the need for integrated
data systems across preK-12 and post-secondary systems, and the
need for collaboration within States between the preK-12 and
postsecondary systems.
Marybeth Schubert, executive director for New
Mexico Advanced Programs Initiative (Santa Fe, NM) who spoke of
the advantage accelerated learning provided for students
regarding their ability to complete a college degree.
Joel Vargas, vice-president for Jobs for the
Future (Boston, MA) spoke of his organization's efforts to
increase early college experiences and to improve both the
enrollment and retention of students from low-income families
in post-secondary education programs.
Bully-Free Schools: How Local, State and Federal Efforts Can Help (June
8, 2012)
This full committee field hearing was held in the East High
School Cafeteria in Des Moines, IA, and consisted of three
panels. The first panel included the following witness:
Russlynn Ali, assistant secretary for Civil Rights
for the U.S. Department of Education (Washington, DC)
The second panel included the following witnesses:
Linda Calbom, western regional manager for the
U.S. Government Accountability Office (Sammamish, WA)
The third panel consisted of the following witnesses:
Penny Bisignano, consultant for Bullying
Prevention and Intervention for the Iowa Department of
Education (Des Moines, IA)
Emily Domayer, student at Morningside College
(Sioux City, IA)
Paul Gausman, superintendent for the Sioux City
community school district (Sioux City, IA)
Ellen Reilly, learning support specialist for
Davenport community schools (Moline, IL)
Matt Shankles, student at Linn-Mar High School
(Marion, IA)
Liz Siederquist, student at Des Moines area
community college (Ames, IA)
Beyond Restraint and Seclusion: Creating Positive Learning Environments
for All Students (July 12, 2012)
This full committee hearing consisted of one panel that
included the following witnesses:
Dr. Daniel Crimmins, director of the Center for
Leadership in Disability at Georgia State University (Atlanta,
GA)
Ms. Cyndi Pitonyak, coordinator of Positive
Behavioral Interventions and Supports for Montgomery County
Public Schools (Christiansburg, VA)
Dr. Michael George, director of the Centennial
School of Lehigh University (Bethlehem, PA)
Ms. Deborah (Debbie) Jackson, parent (Easton, PA)
BEST: Building Education Success Together (October 19, 2012)
This hearing was a full committee field hearing held at the
Dena'ina Center in Anchorage, AK, organized and chaired by
Senator Lisa Murkowski, and consisted of one panel that
included the following witnesses:
Christopher Simon, rural education coordinator for
the Alaska Department of Education and Early Development
(Juneau, AK)
Peggy Cowan, superintendent of the North Slope
Borough School District (Barrow, AK)
Rosita Worl, president of the Sealaska Heritage
Institute (Juneau, AK)
Doreen Brown, supervisor of the Title VII Indian
Education Department for the Anchorage School District
(Anchorage, AK)
Carl Rose, executive director for the Association
of Alaska School Boards (Juneau, AK)
Sonta Hamilton Roach, teacher at the Innoko River
School (Shageluk, AK)
NCLB: Early Lessons from State Flexibility Waivers (February 7, 2012)
This hearing consisted of two panels. The first panel
included Secretary of Education Arne Duncan. Secretary Duncan
reported on the status of flexibility waivers for States that
relieve them of some of the requirements of NCLB while
requiring them to develop and implement college- and career-
ready standards, develop and implement teacher and school
leader evaluation systems, and enhance their student
achievement accountability models.
The second panel of this hearing included the following
witnesses:
Terry K. Holliday, Kentucky commissioner of
education (Lexington, KY), who testified to the need for
reauthorization of ESEA and to the value of the NCLB
flexibility waivers to allow his State to create a new,
innovative accountability system based on more rigorous
standards. He urged the committee to use the flexibility waiver
process to inform the reauthorization of ESEA.
John B. King, Jr., New York commissioner of
education (Slingerlands, NY), likewise emphasized the need for
the reauthorization of ESEA and asked the committee to provide
a framework and guidelines for setting goals and an
accountability system.
Andrew R. Smarick, partner at Bellwether Education
Partners (Lawrenceville, NJ), argued for a reduced Federal
footprint in education policy and suggested waiting to
reauthorize ESEA. He also suggested the role of the Federal
Government should be to enhance the capacity of States to help
local school districts set goals, monitor effectiveness and
provide technical assistance.
Kati Haycock, president of the Education Trust
(Washington, DC), who spoke in general support of the NCLB
flexibility waivers but cautioned that accountability systems
should focus on growth, proficiency and high school graduation.
COMMITTEE CONSIDERATION
On June 4, 2013, the Strengthening America's Schools Act
(SASA) was noticed for markup and a draft was circulated to the
committee. On June 11 and 12, 2013, the committee met in
executive session to consider the bill. Forty amendments were
filed with the committee. The committee took action on 23
amendments, adopting 10 of them and rejecting the remaining 13.
One amendment was withdrawn. The bill, as amended, was adopted
by a roll call vote of 12 ayes to 10 nays on June 12, 2013.
Amendments Voted On During Executive Session
1. Senator Alexander offered an amendment in the nature of
a substitute to the Strengthening America's Schools Act of
2013. The amendment was defeated by a roll call vote of 10 ayes
to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagan
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
2. Senator Harkin offered an amendment to clarify that
States are free from Federal requirements under part A of title
I if the States choose to not receive funding under such part.
The amendment was adopted by voice vote.
3. Senator Enzi offered an amendment to title I-A to
eliminate Federal guidelines about how States and local
educational agencies identify and improve low-performing public
schools. The amendment was defeated by a roll call vote of 10
ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagan
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
4. Senator Murray offered an amendment to title I-A to
allow for the collection of data about military-connected
students. The amendment was adopted by a roll call vote of 13
ayes and 9 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Harkin Alexande
r
Mikulski Enzi
Murray Burr
Sanders Isakson
Casey Paul
Hagan Hatch
Franken Roberts
Bennet Murkowsk
i
Whitehouse Scott
Baldwin
Murphy
Warren
Kirk
------------------------------------------------------------------------
5. Senator Burr offered an amendment to eliminate programs
related to early childhood, Promise Neighborhoods, Race to the
Top, Investing in Innovation, and other programs. The amendment
was defeated by a roll call vote of 9 ayes and 13 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagan
Roberts Franken
Kirk Bennet
Scott Whitehou
se
Baldwin
Murphy
Warren
Murkowsk
i
------------------------------------------------------------------------
6. Senators Hagan and Warren offered an amendment to title
I-A to increase learning time for schools receiving School
Improvement Grants. The amendment was adopted by voice vote.
7. Senator Alexander offered an amendment to eliminate the
Federal highly qualified teacher requirement and encourage
State and local educational agencies to develop and implement
teacher and principal evaluation systems. The amendment was
defeated by a roll call vote of 10 ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagan
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
8. Senator Franken offered an amendment to titles I, II and
IV to promote dual enrollment programs and early college high
schools, and for other purposes. The amendment was adopted by
voice vote.
9. Senator Scott offered an amendment to title I, co-
sponsored by Senator Alexander, to restore and protect State
authority and flexibility in establishing and defining
challenging student academic standards and assessments. The
amendment was defeated by a roll call vote of 10 ayes and 12
nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
10. Senator Burr offered an amendment to title II to change
the formula funding for title II-A. The amendment was defeated
by a roll call vote of 8 ayes and 14 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Hagen Harkin
Alexander Mikulski
Enzi Murray
Burr Sanders
Isakson Casey
Murkowski Franken
Kirk Bennet
Scott Whitehou
se
Baldwin
Murphy
Warren
Paul
Hatch
Roberts
------------------------------------------------------------------------
11. Senator Murray offered an amendment to title I to
require schools to collect and report data on interscholastic
sports. The amendment was adopted by a roll call vote of 13
ayes to 9 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Harkin Alexande
r
Mikulski Enzi
Murray Burr
Sanders Isakson
Casey Paul
Hagen Hatch
Franken Roberts
Bennet Kirk
Whitehouse Scott
Baldwin
Murphy
Warren
Murkowski
------------------------------------------------------------------------
12. Senator Murphy offered an amendment to title IV to
provide financial assistance for school construction after a
violent or traumatic crisis. The amendment was agreed to by
voice vote.
13. Senator Isakson offered an amendment to title I to
allow States to set the criteria for standards and assessments
including establishing modified assessments for students with
disabilities. The amendment was defeated by a roll call vote of
9 ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagan
Roberts Franken
Kirk Bennet
Scott Baldwin
Murphy
Warren
Murkowsk
i
------------------------------------------------------------------------
14. Senator Bennet offered an amendment to title XI, co-
sponsored by Senators Hagen, Franken and Baldwin, to create an
office of Rural Education within the Department of Education.
The amendment was defeated by a roll call vote of 11 ayes and
11 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Harkin Whitehou
se
Mikulski Alexande
r
Murray Enzi
Sanders Burr
Casey Isakson
Hagen Paul
Franken Hatch
Bennet Roberts
Baldwin Murkowsk
i
Murphy Kirk
Warren Scott
------------------------------------------------------------------------
15. Senator Baldwin offered an amendment to title I to
require reporting of career and technical education programs.
The amendment was adopted by voice vote.
16. Senator Alexander offered an amendment to allow States
the option to distribute title I funds using a per child
formula. The amendment was defeated by a roll call vote of 10
ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
17. Senator Baldwin offered an amendment to title IV to
amend part C to include agricultural education programs as a
covered subject. The amendment was adopted by voice vote.
18. Senator Roberts offered an amendment to title IX, co-
sponsored by Senators Alexander and Enzi, to limit the
authority of the Secretary to issue waivers to specific State
and local educational agency requests. The amendment was
defeated by a roll call vote of 10 ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
19. Senator Warren offered an amendment to title V, co-
sponsored by Senator Franken, to establish a college
information demonstration program. The amendment was adopted by
voice vote.
20. Senator Paul offered an amendment, co-sponsored by
Senator Scott, to allow States the option to distribute title I
funds using a per child formula. The amendment was defeated by
a roll call vote of 8 ayes and 14 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Scott Bennet
Whitehou
se
Baldwin
Murphy
Warren
Murkowsk
i
Kirk
------------------------------------------------------------------------
21. Senator Roberts offered an amendment to title V to
repeal the Race to the Top program. The amendment was defeated
by a roll call vote of 10 ayes to 12 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Murkowski Bennet
Kirk Whitehou
se
Scott Baldwin
Murphy
Warren
------------------------------------------------------------------------
22. Senator Murkowski offered an amendment to title VII to
amend the Elementary and Secondary Education Act of 1965
relating to Alaska natives. The amendment was adopted by voice
vote.
23. Senator Isakson offered an amendment to title I to
maintain strong State and local reporting on the performance of
schools and limit increased and burdensome reporting
requirements. The amendment was defeated by a roll call vote of
9 ayes to 13 nays.
------------------------------------------------------------------------
AYES NAYS
------------------------------------------------------------------------
Alexander Harkin
Enzi Mikulski
Burr Murray
Isakson Sanders
Paul Casey
Hatch Hagen
Roberts Franken
Murkowski Bennet
Scott Whitehou
se
Baldwin
Murphy
Warren
Kirk
------------------------------------------------------------------------
Amendment Offered and Subsequently Withdrawn
1. Senator Warren offered and then withdrew an amendment to
title I regarding the oversight of public charter schools.
III. Explanation of Bill and Committee Views
TITLE I, PART A: ENSURING COLLEGE- AND CAREER-READINESS FOR ALL
STUDENTS
The committee bill updates current law to reflect what has
been learned in the 12 years since the No Child Left Behind Act
(NCLB) was enacted, while maintaining the essential
accountability elements under that iteration of the law.
STATE RESERVATIONS
The committee has changed the amount of funds a State can
reserve from subpart 2 of part A from 4 percent to 6 percent in
recognition of the fact that States must build capacity to
provide local educational agencies with technical assistance to
improve teaching and learning, and to provide support to LEAs
to implement the responsibilities described in section 1116.
STATE PLAN AND STATE AND LOCAL REQUIREMENTS
Requirements for College- and Career-Ready Standards
The committee bill requires each State to adopt college-
and career-ready standards. A child's education should lead to
success in postsecondary education and the workforce. By 2014,
it is projected that 75 percent of new jobs in America will
require a postsecondary degree, and a college graduate today is
projected to make 77 percent more per hour than a worker with a
high school diploma. While the committee recognizes that not
every high school graduate will attend a 4-year college, every
high school graduate should be prepared for entering a post-
secondary education program without the need for remediation
and be ready to enter an entry level job in a high-need, high-
demand profession.
The committee bill describes, in section 1111(a)(1)(A)(ii),
three options for States to use to ensure that academic
standards are ``college- and career-ready'': alignment with
credit-bearing coursework at public institutions of higher
education, alignment with career and technical education
standards consistent with the State performance measures
developed in accordance with the Carl D. Perkins Career and
Technical Education Act of 2006, and appropriate career skills.
The committee also allows for States to adopt standards that
have been developed and voluntarily adopted by a significant
number of States. States must implement content standards in
reading or language arts and mathematics by December 31, 2014,
and adopt academic achievement standards by the beginning of
the 2015-16 school year.
The committee bill protects States' rights in defining
academic content and achievement standards while also ensuring
that States are setting high academic expectations for all
students. Section 1111(a)(1)(A)(ii) requires the State to
demonstrate, as part of their title I plans, that their
academic content and achievement standards are aligned with the
expectations of college- and career-readiness.
Section 1111(a)(1)(H) reinforces that the Secretary or any
other Federal officer or employee may not mandate, direct, or
control a State's academic content or achievement standards.
The committee understands that the Secretary of Education will
continue to review evidence submitted by the States related to
the quality of their academic standards. The Department of
Education has released guidance to States that details the
evidence that can be submitted and the committee intends for
this practice to continue as States adopt college- and career-
ready standards.
The committee intends for the term ``appropriate career
skills'' in section 1111(a)(1)(A)(ii)(III) to encompass higher-
order thinking skills, including but not limited to the ability
to apply knowledge to new situations, think critically, problem
solve, communicate orally and in writing, exhibit creativity
and innovate, as well as digital literacy and the ability to
use workplace technology effectively. These are essential
skills for students to develop in order to succeed after
graduation from high school. These are also the skills that
will enable graduates to succeed in private-sector training
environments that account for most post-secondary training in
the United States.
In section 1111(a)(1)(A)(ii)(IV) the committee intends for
standards developed and adopted by a consortium of States to
meet the requirement for college- and career-ready standards.
Alternate Academic Achievement Standards for Students with the Most
Significant Cognitive Disabilities
It is the intent of the committee to ensure that all
students are held to the highest possible standards in order to
be prepared for entry into postsecondary education and careers.
The committee recognizes, with section 1111(a)(1)(D), that
general education standards are not appropriate for a very
small percentage of students with the most significant
cognitive disabilities. This group of students comprises less
than 1 percent of the overall student population. The
committee's intent is to ensure that a parallel, challenging,
appropriate, and aligned set of standards are available for
this group of students. The committee also intends for students
with disabilities who do not have the most significant
cognitive disabilities to be held to the general education
standards with the supports, accessibility, and accommodations
they need to achieve such standards, including multi-tier
systems of support. This includes students with learning
disabilities, mild and moderate intellectual disabilities and
multiple disabilities that include cognitive disabilities.
Because of the advances in assessment construction and the
determination of accommodations that do not lessen the
reliability and validity of assessments, the committee has
placed an explicit prohibition on the development and use of
any alternate academic standards other than those to be used
with students with the most significant cognitive disabilities.
The committee understands that to create additional alternate
academic standards would decrease academic expectations for a
large subset of students and reduce their likelihood of
graduating with a standard high school diploma.
English Language Proficiency Standards
The committee bill requires States to adopt high-quality
English language proficiency (ELP) standards by December 31,
2015. States must also demonstrate that the standards are
aligned with the State's academic content standards in reading
or language arts; ensure proficiency in English for each of the
domains of speaking, listening, reading, and writing; identify
at least 4 levels of English proficiency; and ensure that the
ELP standards are updated not later than 1 year after the State
adopts any new academic content standards in reading or
language arts.
Early Learning Guidelines and Early Grade Standards
The committee recognizes the critical importance of early
learning and its contribution to the positive long-term
outcomes for children. If a State chooses to use title I-A
funds to support the early education of low-income children, a
State must certify that it has in existing culturally,
linguistically, and developmentally appropriate guidelines that
describe what young children from birth to 5 should know and be
able to do before they enter kindergarten. Such guidelines must
be informed by research and developed in consultation with
other relevant departments and agencies in the State that
support early childhood education programs. Further, the
committee asks States that use Title I-A to develop, or certify
the existence of, developmentally appropriate standards for
students in the early elementary grades to ensure that such
standards reflect how children develop and learn the requisite
skills and content from the early grades onward.
Academic Assessments
As States transition to college- and career-ready
standards, States are required under section 1111(a)(2) to
implement assessments aligned to those standards. Current
assessments are unlikely to accurately measure the knowledge
and skills needed to succeed in the globally competitive
economy. To address the need for new assessments aligned to
college- and career-ready standards, many States have joined
together to develop higher quality assessments. The committee
bill requires that statewide assessments continue to be
administered annually in reading or language arts and math for
grades 3 through 8, and at least once during grades 10 through
12. State assessments must also include English language
proficiency assessments. If a State chooses to use them, these
assessments must also include alternate assessments for
students with the most significant cognitive disabilities.
Statewide assessments must continue to be administered in
science at least once during grades 3 through 5, 6 through 9,
and 10 through 12, and States must disaggregate and report on
student achievement data.
The next generation of statewide assessments must align
with college- and career-ready standards and thus measure the
knowledge, skills, and competencies students need to succeed in
the 21st century. These assessments should involve multiple
measures of student academic achievement, including measures
that assess higher-order thinking skills and understanding, and
should be capable of measuring student academic growth.
The committee bill includes language to allow States to use
multiple assessments over the course of the year to measure
student knowledge, so long as the scores from these assessments
culminate in a score equivalent to that of a single summative
assessment. States are permitted to use portfolios, projects,
extended performance tasks, and other valid and reliable
methods as part of the process of assessing student proficiency
through multiple measures.
Assessments should be developed and implemented with the
intent of including all students, including those with
disabilities and those who are English learners. Assessments
should be developed, from inception, using the principles of
universal design. They should also be developed with
accommodations that result in valid and reliable measure of
student proficiency while permitting the greatest possible
access for students with disabilities.
Computer adaptive assessments that measure, at a minimum,
whether each student is meeting or exceeding the on-track level
of performance for the State academic content standards for the
student's grade level, may be used. A State may measure the
student's level of performance in the grades above or below the
student's grade level, which may include a student's growth at
such levels, so long as grade-level items are used for
determining if a student is on track for college- and career-
readiness. Computer adapted assessments would still need to
reliably and validly test all students on the full-range of
grade-level content and at the same levels of cognitive
complexity.
A common and recurring criticism of NCLB is that it has led
to too much student testing. The committee bill maintains
current law and continues to require only one annual assessment
in both reading or English language arts and mathematics, and a
science assessment in each grade span. To address the criticism
about over-testing, this bill requires States to regularly
analyze assessment and accommodations practice and use, and to
eliminate duplicative assessments identified by such analyses.
With this data, the committee intends for States and LEAs to
use this data to accurately determine the source of required
assessments and to find the opportunities to reduce the testing
load on schools, teachers and students. In addition, in the
reporting section of title I (section 1111(d)(3)), the bill
requires States and LEAs to inform families and communities
what assessments are required of students and whether that
requirement is Federal, State or local.
The committee sees significant value in providing
additional transparency in reporting. Thus the bill requires
cross-tabulation of data to be made publicly available
regarding student academic performance and graduation rates for
each school, LEA and the State for every combination of two of
the subgroups described in subsection (a)(2)(B)(x), such that
data for all permutations of two subgroups will be reported.
States may, but will not be required to, cross-tabulate
performance data for permutations of three or more subgroups.
Assessing English Learners
States must include in the academic assessment of reading
or language arts (using tests written in English) any student
who has attended school in the United States (not including
Puerto Rico) for 3 or more consecutive school years. An LEA
may, on an individual basis, assess such students identified as
English learners in a language other than English for no more
than 2 years, if such student has not yet reached a level of
English language proficiency sufficient to yield valid and
reliable information on what such a student knows and can do on
reading or language arts tests written in English. Continuation
of these policies will provide the information needed to
determine if English learners are college- and career-ready.
Each State must also ensure that, by 2015-16, English
learners will be assessed for their level of English
proficiency. English proficiency assessments must be aligned
with the State's English language proficiency standards and
reflect academic language necessary for students to graduate
high school college- and career-ready.
Alternate Assessments for Students With the Most Significant
Cognitive Disabilities
The committee has provided States with the option, in
section 1111(a)(2)(E), to create alternate assessments to
measure the academic proficiency of students with the most
significant cognitive disabilities on alternate academic
achievement standards. Based on research that indicates
students with the most significant disabilities comprise less
than 0.6 percent of the student population, it is the intent of
the committee that no more than 1 percent of all students in an
LEA and no more than 1 percent of the students in the State
would be assessed using alternate assessments. The committee
recognizes that in some LEAs there are concentrations of
students with the most significant disabilities and this 1
percent limitation does not extend to individual schools.
State-designed Accountability Systems
The committee intends for each State to design and
implement a single state-wide school, LEA, and State
accountability system to designate the effectiveness of each
entity. The accountability system must be able to differentiate
the effectiveness of all schools and LEAs in the State
regarding the proficiency of students in English language arts/
reading, mathematics, and English language proficiency, as well
as student growth. For high schools, the accountability systems
must also be able to differentiate the effectiveness of schools
and LEAs regarding graduation rates. The accountability systems
must be able to report results for the total student population
within a school, LEA or the State, as well as to disaggregate
the results for the subgroups of students by each major racial
and ethnic group, English proficiency status, disability
status, and economic status. Schools, LEAs and States must
report academic results for all subgroups with 15 or more
students in a subgroup.
Academic Growth
It is the intent of the committee to ensure that assessment
of student academic skills includes not only grade-level
proficiency but also student academic growth. State
accountability systems must be able to report the number and
percentage of students meeting or exceeding grade-level
standards, the number and percentage of students below grade-
level academic proficiency and achieving sufficient academic
growth, and the number and percentage of students below grade-
level proficiency and not achieving sufficient academic growth.
The committee has defined academic growth in order to
acknowledge the significant effort and accomplishment of the
many educators throughout the country who provide high quality
instruction that significantly advances student academic
achievement. A State may define sufficient academic growth as
achievement that will result in the student being grade-level
proficient within 3 years, being grade-level proficient within
a grade space (i.e., 3-5, 6-8, 9-12), or a similar rigorous
definition negotiated between the State and the Secretary.
Performance Targets
The committee recognizes that the single, one-size goal of
NCLB and the accompanying penalties were harmful to the ability
of schools to effectively serve all students. The committee,
however, is resolute that schools, LEAs and States must set
ambitious goals that include continuous, aggressive improvement
in student academic proficiency. The committee knows that
educators throughout the country are working to instruct
students so they are academically proficient. An essential part
of the process of reaching proficiency is setting goals,
tracking those goals, and adapting strategies and interventions
from data collected to determine how effective a school, LEA
and State is at meeting their goals.
Some educators and policymakers contend that transparency
of effectiveness is sufficient to ensure continuous improvement
of effective academic instruction. The committee, however,
believes that goals for all groups of students, with a
timeline, in combination with transparency of effectiveness
results in far better outcomes for students, schools, and
districts.
The committee, therefore, has required in this bill that
all States must set annual performance targets for schools,
LEAs and the State itself. The performance targets must apply
to all subgroups of students and must result in the same
outcome for all students within the same period of time. The
performance targets must also be ambitious, resulting in
significant increases in the number and percentage of students
academically proficient in each subgroup. The performance
targets must include students' grade-level proficiency, student
academic growth, English language proficiency and growth, and,
for high schools, graduation rates. For the purposes of the
accountability system, no more than 1 percent of the students
with the most significant cognitive disabilities may be
assessed and their results considered in the accountability
system using the State's alternate assessment.
States may choose to track and report other measures of
academic effectiveness. The committee recognizes that such
variables as participation and achievement in Advanced
Placement courses or college enrollment rates can be useful
measures of student success, however, the variables of student
proficiency, growth, graduation, and English proficiency are
intended to be the primary measures of success of a school with
students and all subgroups of students.
States may choose their performance targets from one of
three categories. They may choose to continue the goals they
have set in their approved flexibility plans granted by the
Department of Education to allow relief from some of the
provisions of NCLB. They also may set performance targets based
on all students achieving academic proficiency to the level
that the top 10 percent of their students achieve during the
first year of implementation of this Act. Alternatively, States
may choose to set their own performance targets that are as
ambitious as either of the first two options, and must be
negotiated with the Secretary.
State Plans
For any State wishing to receive title I, part A funds, a
State plan describing how the State and its LEAs will meet the
requirements of this Act, and how the State will coordinate the
activities with related Federal programs, is required. The
committee particularly urges SEAs that provide funding for
kindergarten to create a plan to expand the availability of
full-day kindergarten throughout the State. Also as part of the
plan, SEAs are urged to create a plan to assist LEAs in
identifying and serving students who are gifted and talented.
The committee's intent is for the first State plans to be
submitted 1 year after enactment of this Act and every 4 years
subsequent.
Equitable Distribution
Research shows that teachers are the most important in-
school factor driving student achievement. The committee
believes that LEAs should do all they can to use data to
address inequities in teacher quality between schools. The
committee strongly believes that LEAs should be most concerned
with the distribution of effective teachers across schools in
order for all children to have access to high quality
instruction.
During the first year of the implementation of this Act,
SEAs must include in their State plans a process for ensuring
equitable distribution of effective teachers among all schools.
Recognizing that all SEAs will not have teacher evaluation
systems in place, SEAs may use other variables to substitute
for teacher effectiveness. These may include teacher
qualifications, length of teacher experience, and teacher
subject certification. By the 2015-16 school year, all SEAs
must begin to use teacher evaluation data, as described in
title II, part B, to determine equitable distribution of
effective teachers.
State Parent and Family Engagement Plan
The committee believes there is great value in the
involvement of parents in their children's education. The
committee bill (section 1111(c)) strengthens current law by
expanding such involvement to appropriate family members. This
shift is intended to acknowledge the role that non-custodial
family members play in the life of a child. States are required
to develop a statewide parent and family engagement strategy,
which must prioritize increasing engagement in high-need LEAs
and schools. States are responsible for ensuring coordination
of parent and family engagement activities across the State,
including between the State and the State Advisory Council on
Early Childhood Education and Care described in the Head Start
Act and, as applicable, between the State and the Parent and
Family Information and Resource Center described in title IV,
as well as among the Federal, State, and local levels. The
committee is particularly interested in coordination between
States and State Advisory Councils on Early Childhood Education
and Care, as alignment of these activities is a key leverage
point for increasing school readiness among young children.
Finally, States must provide technical assistance and
professional development to high-need LEAs regarding parent and
family engagement.
ANNUAL STATE REPORT CARDS
One of the most important advances in accountability that
was the result of NCLB was the collection of data regarding
student academic proficiency and the requirement to report that
data publicly in a manner consumable by parents, families and
the general public. The committee whole-heartedly supports the
continuation of reporting student academic proficiency and
believes the reporting of other data will help hold States,
LEAs and schools accountable to their stakeholders and will
ensure they are held accountable for all students served.
SASA continues the data collection and reporting
requirements from NCLB and adds a number of significant
requirements.
Equity Report Card
Most significantly, SASA requires SEAs and LEAs to create
an ``Equity Report Card'' (ERC). This is intended to be an
easily understandable report of key characteristics of a school
or LEA that can be compared among schools across a State in
order to give parents and family members the ability to
determine which school might be best for their children. The
ERC must include five pieces of information: student
proficiency by subgroup, school funding by sources, high school
graduation rates, educational opportunities available at a
school (e.g., pre-kindergarten, International Baccalaureate
programs), and school climate information. SEAs and LEAs may
choose to include other variables, however, these five
variables should be clearly identifiable to parents and
families.
School Athletic Data
Through an amendment offered by Senator Murray, the
committee has added the requirement for schools to report the
resources expended on athletics by gender. The committee's
intent is that: (1) information on equipment shall include any
equipment replacement schedule; (2) uniform information shall
include any uniform replacement schedule; (3) facilities shall
include medical facilities, locker rooms, fields, and
gymnasiums; (4) total expenditures for the team from all
sources shall include school funds and funds provided by any
other entities, such as booster organizations; (5) the
employment status of coaches, trainers and medical personnel
shall include whether such person is assigned to the team full-
time or part-time, and whether such person is a head or
assistant coach, trainer or medical services provider; and (6)
the total salary expenditures for coaches, the total number of
coaches, and for each coach an identification of such coach's
gender, employment status (including whether such coach is
assigned to the team full-time or part-time, and whether such
coach is a head or assistant coach), and duties other than
coaching, shall be collected. Salary is only to include
institutional pay.
Military-connected Student Data
Also by an amendment offered by Senator Murray, the
committee added collection of information regarding students
who are military-connected. The committee's opinion is that
this group of students is often highly mobile and information
about their enrollment and outcomes is critical to serving them
well. For the purposes of the data collection and reporting,
``military-connected students'' are defined as public school
students with parents or guardians who serve in the Active
Duty, National Guard or Reserve Forces.
FEDERAL PARAMETERS FOR STATE-DESIGNED ACCOUNTABILITY SYSTEMS
The committee recognizes that accountability systems that
are more tailored to the needs and strengths of States and LEAs
may be more successful at leveraging improvements in student
achievement than the one-size-fits-all approach of the No Child
Left Behind Act. However, it is important that in designing
these systems certain principles be maintained. The committee
bill includes Federal parameters for State-designed
accountability systems that offer flexibility while, at the
same time, requiring States to set expectations for progress
towards student college- and career-readiness.
Included in these requirements are systems that are capable
of identifying schools not meeting subgroup performance
targets, schools that are under-performing for more than 3
years, and schools that are the lowest achieving schools in the
State in terms of student academic proficiency and, for high
schools, graduation rate.
One problem with NCLB was its focus on schools that were
chronically underperforming at the expense of schools that may
have been performing well overall but were not serving one
particular subgroup of students well. The committee intends for
accountability and consequences to be applied to all schools
for all subgroups, thus the requirement in section
1111(a)(3)(C) to create performance targets for every subgroup
in every school. Beginning in the 2015-16 school year, every
school not meeting its annual performance target for a subgroup
for 2 years in a row must, in conjunction with its LEA, create
a locally designed intervention to improve student achievement
in that subgroup. If the school continues to not meet
performance targets in the same subgroup for 3 additional years
the school must work with the SEA to improve subgroup
performance. The committee emphasizes that underperformance of
a subgroup at schools successful with the balance of their
students is a concern and must be addressed by the school, the
LEA and, ultimately, the SEA.
Priority Schools
Beginning in 2015-16, SASA requires SEAs to identify the
lowest achieving 5 percent of elementary schools in the State,
the lowest achieving 5 percent of secondary schools in the
State, each public high school with a graduation rate less than
60 percent, and each school that has been a focus school for
the previous 6 years. LEAs must notify parents if their child's
school is identified as a priority school. States must compile
the list of priority schools and make it publicly available.
Schools that are identified as priority have a 5-year period
for turnaround. States may apply to the Secretary for a waiver
of the requirements for priority schools if they determine that
all schools are performing at a satisfactory level based on
student achievement and, at the high school level, graduation
rates.
This bill envisions LEAs playing a critical role in setting
supporting conditions for priority schools to improve. LEAs
must conduct a needs analysis for each identified school. LEAs
must collaborate with parents, the community, teachers and
other school personnel, and may work with an external partner,
to determine which school strategies to implement in each
identified school. LEAs must also implement a series of
policies and practices to help these schools succeed, such as
providing school staff with professional development based on
the needs analysis, conducting regular teacher and principal
evaluations, and providing time for collaboration among
instructional staff.
LEAs are also required to provide instructional staff with
timely access to student data and to use such data to implement
a research-based instructional program that analyzes student
progress and performance and includes appropriate interventions
for students. Recognizing that some elementary schools may be
low-performing because students enter kindergarten below grade
level and may have trouble catching up, the bill requires that,
in the case of an elementary school with kindergarten entry,
the needs analysis specifically measure school readiness of
entering students. If school readiness is an issue, the LEA and
school must coordinate with appropriate early childhood
education programs and develop a plan to improve or expand
early childhood options.
Focus Schools
SASA also requires SEAs to identify Focus schools, those
schools that are not priority schools and that are in the 10
percent of schools with the greatest achievement gaps among
subgroups. In addition, focus schools will also be identified
from non-priority schools that are in the 10 percent of high
schools with the greatest graduation rate gaps among subgroups.
In order to address these gaps in student achievement and
graduation rates, the LEA, in accordance with the school, must
develop and implement a measurable, data-driven plan to improve
student outcomes.
The committee believes it is reasonable to expect a
narrowing of any identified achievement gap within a 3-year
period. Therefore, this bill puts additional pressure on LEAs
that have not seen improvements by making any LEA with an
achievement gap school that has been identified for three
consecutive years ineligible for any priority, preference or
special consideration for any grant, subgrant or other ESEA-
funded program.
Multi-Tier Systems of Support
The committee encourages States and LEAs to develop and
adopt the use of multi-tier systems of supports (MTSS) for
students. These are comprehensive systems of differentiated
supports that include evidenced-based instruction, universal
screening, progress monitoring, formative assessments, and
research-based interventions matched to student needs upon
which educational decisionmaking using student data can occur.
The committee also encourages the use of the principles of
universal design for learning (UDL) and school-wide positive
behavioral interventions and supports (PBIS) to create positive
conditions for learning. The use of these approaches is
beneficial for priority and focus schools as well as for
schools not meeting the performance targets for subgroups of
students.
State Reservation for School Improvement
To build State and LEA capacity for turning around low-
performing schools, this bill allows the flexibility for States
to continue to reserve up to 4 percent of their title I, part
A, funds to carry out State and LEA responsibilities under
section 1116. Ninety-five percent of the reserved amount must
be used to carry out school improvement, either through
subgrants or, with an LEA's agreement, directly by the State.
Public School Choice
In order to provide families with access to high quality
education for their children, LEAs must provide students
enrolled in priority schools with the option to transfer to
another public school operated by the LEA, unless such an
option is prohibited by State law. LEAs must provide this
option not later than 3 months before the first day of the
school year following identification. LEAs must also give
transfer priority to the lowest achieving children from low-
income families.
Transferring students must be enrolled in classes and other
activities in the same manner as all other children at the
public school. LEAs must allow a child who transfers to another
public school to remain in that school until the child has
completed the highest grade in such school.
School Improvement Strategies
The committee is sensitive to complaints about the
prescriptive nature of the accountability provisions in the No
Child Left Behind law. The committee also recognizes that the
strict one-size-fits-all approach that was represented by AYP
provisions has not led to improvement in many identified
schools, particularly as the number of identified schools
increase as the 2014 proficiency deadline approaches. To
address these concerns, the committee bill focuses the
federally prescribed interventions only for priority schools.
The committee believes these schools are in need of significant
change because many of them have been failing to improve
student achievement for decades. To improve student achievement
in schools identified as priority schools, the committee bill
requires LEAs to implement an evidenced-based turnaround
strategy in each identified school. To address many of the
concerns the committee has heard about requiring specific
models, including those models currently in place under
guidance for the School Improvement Grant (SIG) program, the
bill provides LEAs multiple models from which to select,
including flexibility for rural LEAs. It also adds a set of
LEA-level requirements to make the success of the strategies
more likely. The six improvement strategies include:
Transformation Strategy: The transformation strategy
requires LEAs to replace the principal (if the principal has
served in that role for more than 2 years) with a principal who
has a record of success in increasing student achievement, or
with a principal who is specially trained in turning around
low-performing schools. This element is shared with the
strategic-staffing and turnaround models. The committee
believes that staff working in priority schools must be
committed to implementation of the transformation strategy.
Therefore, under this strategy, existing instructional and
school leadership staff must reapply for their positions, and
all instructional and school leadership staff hiring must be
done at the school through mutual consent for at least the
duration of the 5-year turnaround period. The term ``mutual
consent'' means a process through which the principal or hiring
team and the instructional staff member or school leadership
staff member agree to the placement at a school. The principal
or hiring team must be permitted to select instructional and
school leadership staff for the school from an unrestricted
pool of internal and external candidates based on an assessment
of the qualifications of the individual candidates.
Turnaround Strategy: This strategy also recognizes the
importance of human capital in turning around priority schools.
As in the transformation and strategic staffing models, it
requires that the school replace the principal (if the
principal has served in that role for more than 2 years) with a
principal who has demonstrated a record of success in
increasing student achievement or is specially trained in
turning around low-performing schools. It also requires that
all of the teachers in the school be determined to be effective
instructors and that not more than 65 percent be retained.
Whole School Reform Strategy: The whole school reform
strategy requires the implementation of an evidence-based
strategy that ensures whole school reform. It must include a
partnership with a strategy developer offering a school reform
program that has demonstrated at least a moderate level of
evidence, as shown by more than one well-designed or well-
implemented experimental or quasi-experimental study, and
demonstrated that the program will have a statistically
significant effect on student outcomes. The committee expects
the Department of Education to determine which strategies meet
these requirements, which could include use of the What Works
Clearinghouse. The committee recognizes that a limited number
of models have achieved this level of evidence, but hopes that
strategy developers will begin to undertake the evaluation
necessary for their reforms to qualify.
Restart Strategy: Under the restart strategy, priority
schools must convert to a charter, innovative, or magnet
school. The committee believes that providing LEAs with the
opportunity to convert a priority school to a magnet school or
to create a new, innovative school, particularly in States that
do not have charter school laws, provides additional
flexibility to LEAs. In fact, schools in Lansing, MI;
Cambridge, MA; Fort Meyers, FL; and Clark County, NV have
improved performance in struggling schools by converting those
schools into magnet schools. Schools that are converted to
charter schools must work in partnership with a nonprofit
charter school operator, a nonprofit charter management
organization, or a nonprofit education management organization
that has a demonstrated record of improving student achievement
for students similar to those served by the school.
The committee recognizes that restarting a school is
disruptive for students enrolled in the school that is being
converted and believes LEAs must prioritize the learning needs
of the students in these schools. Therefore, LEAs that
implement the restart strategy must ensure that the new school
serves the same grade levels as the original school and enrolls
any former student of the original school who wishes to attend.
Additional students would be admitted by a random lottery
system if more students apply for admission than can be
accommodated.
School Closure Strategy: The school closure strategy
requires LEAs to close the priority school and enroll the
students in other schools, which may include charter schools
that are within reasonable proximity to the closed school. The
committee expects LEAs to enroll these students in high-
performing schools not schools slightly better than the closed
school.
Department of Education-Approved Strategy: In recognition
that there may be State level circumstances that influence the
ability to turnaround school performance, the committee crafted
SASA to allow States to offer a school improvement strategy for
priority schools that is both evidence-based and has been
approved by the Department of Education. The committee expects
the Department of Education to approve only comprehensive
evidence-based models that include a combination of key
elements. The committee's intent is that this model cannot be
used for the provision of private-school vouchers.
Improvement in Priority Schools
The committee recognizes that some priority schools will
improve at a faster rate than others. States may want the
flexibility to shift resources among schools during the
identification period. Therefore, SASA provides that, at any
time during the 5-year period, schools that have improved
sufficiently would not continue to be identified by the State
as a priority school. These schools may continue to receive
such grant funds as are necessary for the full period of the
grant so that these improvements can be sustained. However, the
committee believes that schools that continue to be classified
as a priority school after 3 years must implement the restart
or school-closure strategy to ensure significant change in
governance. A waiver can be obtained from the Secretary if the
community conducts a needs assessment and determines a model
different from closure or restart is likely to improve academic
achievements at the school.
Professional Development Activity Reports
The committee recognizes the vast amount of excellent
intervention work that is taking place in schools throughout
the country. In order to collect and disseminate information
regarding effective school improvement practices, SASA requires
that LEAs collect information about how title II, part A
professional development funds are used to improve school
performance in priority schools that do not receive School
Improvement Grants, and the outcomes from the practices. SEAs
are required to disseminate these practices in order for all
schools to benefit from the investment of professional
development funds.
School Improvement Funds
The committee bill continues to support priority schools
from two different sources--authorization of the School
Improvement Grant (SIG) program and the required 4-percent set
aside from title I, part A, funds at the State level for
technical assistance and support for LEAs. Entities that may
receive grant funds from the SIG include a State, a LEA that
receives funds under this part and serves at least one eligible
school, a consortium of such LEAs, or an educational service
agency that serves at least one LEA.
States that receive school improvement funds must use 95
percent of these funds to carry out school improvement
activities for eligible schools by either (1) awarding
subgrants, on a competitive basis, to eligible entities for
these activities; or (2) if the State chooses and the LEA
agrees, directly providing the activities to the eligible
school and LEA, or arranging for other entities to provide such
activities to the school. Subgrants are awarded for a 5-year
period.
LEAs must meet certain key conditions in order to receive
funds. They must demonstrate that they have:
adopted human-resource policies that prioritize
the recruitment, retention, and placement of effective staff in
eligible schools;
ensured that eligible schools have access to
resources to implement the school improvement strategies
described above;
identified opportunities to reduce duplication,
increase efficiency, and assist eligible schools in complying
with reporting requirements of State and Federal programs;
facilitated alignment and coordination between
early childhood education and care programs and services
serving students who will attend eligible schools that are
elementary schools; and
developed an early warning indicator system that
monitors school-level data, and alerts the eligible school when
a student indicates slowed progress toward high school
graduation, so that the school can provide appropriate student
interventions.
Regarding the early warning indicator system, research has
shown that before actually dropping out, most students at risk
send strong ``signals'' that they are having trouble in school.
One study found that almost half of dropouts sent ``warning
signals'' as early as sixth grade. These signals can be found
in standard data that LEAs keep on their students.
States may withhold funds from schools for the final 2-year
period if they have not made progress on ``leading
indicators.'' This new definition of ``leading indicators''
highlights the importance of academic indicators (other than
test scores) and school climate issues. Tracking leading
indicators is important because improving student outcomes and
closing achievement gaps takes time, and these data can
therefore serve as intermediate measures of school improvement
before the results show up in indicators like student test
scores.
Blue Ribbon Schools
The committee believes that it is important for States to
have the opportunity to identify and reward schools that are
top performers. This bill allows States to identify Blue Ribbon
Schools as the top 5 percent of the State's public elementary
schools and secondary schools based on the percentage of
students who are on track to college- and career-readiness for
English or language arts, and mathematics and, in the case of
high schools, the school's graduation rate. States must also
look at the performance of student subgroups and, if the State
chooses to measure student growth, the percentage of students
attaining growth, and school gains. Schools identified as
persistently low-achieving schools and achievement gap schools
cannot be identified as Blue Ribbon Schools. States may reserve
up to one-half percent of their title I, part A, funds to
distribute rewards, on a competitive basis, to LEAs that serve
one or more Blue Ribbon Schools so that the LEA may provide
awards to such schools.
In addition to the possible financial reward, States must
provide Blue Ribbon Schools with increased autonomy over the
school's budget, staffing, and time, and allow each blue ribbon
school to have flexibility in the use of any funds provided to
the school under this Act for any purpose allowed under this
Act, consistent with civil rights laws. LEAs must agree to use
the award funds to improve student achievement and provide
technical assistance to the lowest-achieving schools in the
State that have characteristics similar to the Blue Ribbon
School.
Centers of Excellence for Early Childhood Education
The committee recognizes the critical importance that high-
quality early childhood education programs can play in the
healthy cognitive, physical, social, and emotional development
of children. SASA authorizes a new program, similar to one
authorized in the Head Start Act, which recognizes and rewards
early childhood education programs that have a demonstrated
track record of preparing children for kindergarten. This
program asks the Nation's governors to nominate outstanding
early childhood education programs for grants distributed by
the Secretary that can be used by programs to expand their
reach in the community, and to provide technical assistance and
dissemination of best practices to other early childhood
education programs in its area and the State.
Green Ribbon Schools
SASA also creates a new category of recognition for
exemplary schools by allowing the Secretary to set criteria for
outstanding performance in such areas as reducing environmental
impact, improving student and personnel health and wellness,
and providing sustainability education. The Secretary may also
establish an award program recognizing excellence in classified
school employees.
PARENT AND FAMILY ENGAGEMENT
The committee bill envisions several key changes to the
provisions of section 1118, relating to parent and family
engagement. The lens of current law is expanded to encompass
family members, in addition to parents and those who act in
loco parentis. This change is intended to acknowledge the role
that non-custodial family members play in the life of a child,
and to encourage LEAs to strategically engage these adults. The
bill includes requirements for LEAs to collaborate with
community-based organizations, employers, and other entities in
the development and implementation of parent and family
engagement strategies, and for parent and family engagement
compacts to describe outreach to community stakeholders. These
changes recognize research on the critical role that non-
custodial family members, mentors, and other caring adults can
play in the positive development of children, and especially
children from low-income and minority communities.
HIGHLY QUALIFIED TEACHER DEFINITION
This bill includes a revised definition of a highly
qualified teacher which codifies existing flexibility for
certain types of teachers so that LEAs can effectively staff
their schools. The definition incorporates existing regulations
that make clear that a teacher enrolled in an alternate route
to certification program is considered highly qualified, as
long as the teacher has passed the State subject matter
certification or licensure test; is making satisfactory
progress towards obtaining full certification within 3 years;
and is participating in a high-quality, State-approved teacher
preparation program.
The definition also provides flexibility for teachers in
rural areas who teach multiple subjects, allowing them to be
considered highly qualified if they have met the definition for
at least one core academic subject and become highly qualified
in the additional subjects within 3 years. The definition
clarifies that a science teacher who holds a broad field
science or an individual field science certification or
licensure can be deemed by the State as highly qualified. The
definition also aligns the definition of a highly qualified
special education teacher with the definition included in the
Individuals with Disabilities Education Act (IDEA).
The committee also provides a special rule for small,
rural, and remote schools so that teachers in these schools are
permitted to meet the highly qualified teacher requirement
through distance learning and team teaching. The off-site
teacher must be highly qualified in the subject being taught,
be responsible for 50 percent of direct instruction, monitoring
student progress, and assigning students' grades. The on-site
teacher must be highly qualified in at least one other subject,
must be present in the classroom throughout the period of
distance learning, and must provide instructional support.
SASA also recognizes certain very specialized instruction
and exempts those teachers from meeting the highly qualified
teacher definition. These exemptions are:
A teacher of Native American, Alaska Native, or
Native Hawaiian language or culture, whether the teacher is
teaching on a permanent, part-time, or occasional basis; and
A teacher who is a Native elder or other authority
on American Indian, Alaska Native, or Native Hawaiian history
who provides instruction in such subject, whether on a periodic
or one-time basis.
A teacher may also be considered highly qualified if the
teacher is a participant in an exchange visitor program.
Finally, the committee signals its strong belief that
teacher effectiveness is paramount by allowing States to deem
teachers with high ratings under a rigorous teacher evaluation
system to be considered highly qualified.
FISCAL REQUIREMENTS AND COMPARABILITY
The original intent of title I was to provide additional
resources to States and LEAs for the education of disadvantaged
children. In order to meet that intent, the law has required
State and local funds be spent comparably between title I and
non-title I schools, so that Federal dollars are supplementary.
To ensure this comparability of resource expenditure is
taking place, SASA requires LEAs to use actual teacher salaries
when calculating the resources expended at a given school. This
provision of SASA closes a long-time ``loophole'' in the
comparability requirements where average teacher salaries were
used instead of actual teacher salaries. The committee
recognizes that there is research that indicates significant
disparities in spending between title I and non-title I
schools. The committee's intent in section 1120 is to ensure
title I dollars are provided to schools with concentrated
poverty as a supplement to a comparable allocation of State and
local funds. This will ensure that taxpayer dollars serve the
students for whom they are intended. In addition, the
accounting of real per-pupil expenditures will increase
transparency about the allocation of resources. The committee
expects this data to be accessible to parents, taxpayers, LEAs,
States and policymakers at all levels of government.
Recognizing that States and LEAs will need time to put the
appropriate fiscal mechanisms and data systems in place for
school level expenditures and other data to be reported
accurately, LEAs will not be required to comply with these
changes until the 2015-16 school year.
In closing the so-called comparability loophole, the
committee's intent is not to require LEAs to transfer school
personnel in order to comply with the comparability
requirement. The comparability provisions require that title I
schools do not have fewer total State and local resources than
the average of non-title I schools in a LEA. LEAs must consider
all resources, not just salaries.
COORDINATION REQUIREMENTS
Similar to current law, the committee bill encourages LEAs
to coordinate with early childhood education and care programs
and providers, including Head Start agencies and providers of
services under Part C of IDEA, on a variety of matters.
Activities identified include transfer of records, with
parental consent, from early childhood education and care
programs to local schools; ongoing communication between early
childhood education and care program staff and school staff for
the purpose of ensuring developmentally appropriate instruction
and shared expectations; joint training opportunities for early
childhood education and care program staff and school staff;
the development of transition procedures to improve school
readiness for children; and parent-education efforts that help
parents of young children understand the expectations of, and
services offered by, the school in which their child will
enroll.
EDUCATION TECHNOLOGY
It is the committee's view that the development and
implementation of education technology programs and activities
continue to be important allowable uses of title I funds. While
technology can never replace effective teachers, the committee
believes that educational technology can help provide
differentiated instruction and personalized learning to meet
each student's unique needs; engaging and updated content;
timely information that educators can use to improve
instruction and decisionmaking; enhanced parental engagement
through the provision of online information; and access to
courses often not otherwise available.
Therefore, the committee supports States, LEAs, and schools
that choose to use title I program funds for technology and
digital learning to best meet title I program goals and
requirements.
Grants for State Assessments
The committee recognizes that the requirement of the new
state-wide accountability and assessments systems will be
significant for States.
Therefore, a one-time doubling of funds for States to use
to improve their assessment systems has been provided as
described in section 1141.
TITLE I, PART B: PATHWAYS TO COLLEGE
Subpart 1: Secondary School Reform
The committee recognizes that in today's increasingly
global economy, it is critical that students graduate from high
school prepared and ready to succeed in college and the
workforce. Unfortunately, many of our Nation's high school
students do not graduate on time, or do not graduate at all.
Additionally, low-income and minority students graduate at
significantly lower rates than their peers. The Pathways to
College Program supports the implementation of innovative and
effective secondary school reforms both LEA-wide and in high
schools with graduation rates below 75 percent that do not
receive SIG funds. The bill requires grant applicants to
implement reform strategies in the feeder middle schools
serving these high schools because the committee recognizes
that many of the issues facing at-risk youth begin in middle
school.
The committee intends the definition of ``Competency-based
learning model'' be aligned with the following principles of
competency-based education: (1) Students advance upon mastery;
(2) Competencies include explicit, measurable, transferable
learning objectives that empower students; (3) Assessment is
meaningful and a positive learning experience for students; (4)
Students receive timely, differentiated support based on their
individual learning needs; and (5) Learning outcomes emphasize
competencies that include application and creation of
knowledge, along with the development of important analytical
skills. In addition, grantees shall include a plan to ensure
that the practices implemented meet these principles of
competency-based learning.
The committee recognizes that some local educational
agencies allow all students in a LEA the choice between which
public high school they wish to attend upon matriculating from
an elementary or middle school. In the case where a majority of
the students at an elementary school or middle school do not go
on to attend any single high school in the LEA, the committee
intends for the definition of ``feeder middle school'' to be
interpreted as an elementary or secondary school where a
cumulative majority of students in the school go on to attend
any of the eligible secondary schools in the LEA.
The committee also intends that high schools in receipt of
Secondary School Reform Grants that offer dual-enrollment
coursework must offer such coursework free of charge to low-
income students.
Subpart 2: Accelerated Learning
The committee bill maintains support for Advanced Placement
(AP) and International Baccalaureate (IB) courses, while also
providing more options for States and LEAs in achieving the
goals of access to college-level coursework for low-income
students. Changes to the definition of an AP or IB examination
would allow States and localities the option to choose another
evidence-based program model that increases student access to
rigorous courses in core academic subjects, is benchmarked to
college readiness, provides aligned end-of-course assessments,
and includes educator resources to improve instruction.
The committee bill incorporates language enacted by
Congress in the America COMPETES Act of 2007 and maintained in
the reauthorization of that Act in 2010. With these provisions,
Congress has already acknowledged much advancement from
evidence-based program models showing large increases in
academic success for students who had access to rigorous high
school core courses benchmarked to college readiness. The
language in the committee bill is intended to provide more
students with the opportunity for achieving college-readiness
through rigorous courses than is provided in current law.
TITLE II: SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE, CONTINUOUS
IMPROVEMENT, AND SUPPORT FOR TEACHERS AND PRINCIPALS
Professional Growth and Improvement
The committee feels strongly that the Federal focus should
shift from teacher qualifications to teacher effectiveness.
Teacher and principal evaluation systems are key to improving
teaching practice and student learning and can be linked back
to teacher preparation programs so that LEAs can make better
decisions about which programs they partner with to hire
teachers. The committee also feels strongly that such systems
should be grounded in helping educators improve their
instruction, through improved professional development. As
such, the bill requires districts to develop professional
growth and improvement systems that include teacher and
principal evaluations based on a set of limited, but critical,
parameters, as well as professional development aimed at
addressing deficiencies identified through evaluations. These
evaluation systems must provide meaningful feedback to teachers
and principals; establish multiple categories of teacher and
principal performance; evaluate teachers regularly using
multiple measures; be regularly reviewed to ensure that they
provide meaningful differentiation; and include training for
evaluators. Evaluations must be based on academic achievement
and growth, classroom observations, and other measures that
inform teacher performance (for teachers) and on academic
achievement and growth, instructional leadership, and, if
districts choose, other measures of principal performance (for
principals). The evaluation systems must be able to provide
meaningful feedback to teachers and principals in a timely
manner and provide data to inform decisions about professional
development activities. These parameters are critical to
efficient teacher and principal evaluation systems, and the
committee believes the Federal Government must promote
alignment to these parameters.
The committee is aware that many States and LEAs have
already developed systems either on their own or as a
requirement of a Federal grant or ESEA flexibility applications
(aka, ``waivers''). It is important to the committee that,
where possible, this bill does not alter the hard work already
conducted by States in this arena. As such, States and LEAs
with systems approved by the U.S. Department of Education are
not required to alter the components of their current teacher
and principal evaluation systems. Additionally, it is the
committee's intention that the implementation of new systems
does not alter the rights and remedies secured by educators
through their local collective bargaining agreements.
The committee believes strongly that incentivizing States
and LEAs to implement robust teacher and principal evaluation
systems tied to professional development is one of the most
important policies in this bill that will improve teaching and
school leadership across the country and lead to better student
outcomes.
Uses of Funds
The bill makes several important changes to title II, part
A, which has historically been used by LEAs for professional
development and to provide schools with additional teachers.
The bill, for the first time, requires LEAs to use some of
their title II-A funds for professional development and
specifically requires LEAs to spend 20 percent of their money
to provide professional development in the lowest performing
schools. Additionally, the bill includes a definition of
professional development that will drive better investments in
this area. By including a tighter definition, this bill will
help ensure that Federal funds will be expended on professional
development that will improve teaching practice and student
learning. Districts will conduct professional development
activities that are evidence-based and aligned with the results
of evaluations in order to improve student academic achievement
and increase students' abilities to meet college- and career-
ready standards. The committee also intends for LEAs to
collaborate with local early childhood programs and has allowed
for early childhood educators to be included in LEA
professional development activities.
This bill otherwise streamlines the list of allowable
activities in title II, part A, intentionally limiting them to
activities that are likely to have the greatest positive impact
on teaching and learning. For example, for the first time,
developing and implementing evaluation systems is included as
one of the high-impact activities that LEAs may fund using
title II dollars. In not making this a required use of funds,
the committee recognizes that LEAs may already be using Federal
and State resources to conduct this work.
The bill also sets parameters on how LEAs may use these
funds for class-size reduction. If LEAs choose to use funds to
hire additional teachers to reduce class sizes, these teachers
must teach in the early grades (kindergarten to third) and
class sizes must be reduced to a size where research has proven
that students will benefit. The largest and most rigorous class
size study, the Tennessee Student Teacher Achievement Ratio, or
STAR experiment, demonstrated that reducing class sizes in
kindergarten through third grade to between 13 and 17 students
led to statistically significant student achievement gains, and
that these gains were more pronounced for minority and
economically disadvantaged students. Followup studies showed
that these gains persisted for students who had attended
smaller classes.
This committee wishes to emphasize the importance of equity
and ensuring that students have access to effective teachers.
States and LEAs are encouraged to use their title II, part A,
funds to address any inequities that may exist in the
distribution of teachers based on their qualifications and,
where information is available, on their effectiveness at
producing positive academic outcomes for students.
The committee also recognizes the significance of high-
quality mentoring for new teachers and principals. Title II,
part A, includes a definition to ensure that funds spent for
this purpose will support strong mentoring programs and
practices. Mentoring is essential to retaining teachers as
their decisions to remain in teaching are often affected by the
quality of the support teachers receive in their first years.
And, as teacher evaluation systems continue to develop, LEAs
can use title II, part A funds to focus their efforts on
retaining top performers.
Other allowable activities include establishing beginning
teacher induction programs, creating career ladders, increasing
teacher capacity to evaluate student work, and recruiting
teachers for high-need schools and subject areas.
The committee also intends that States and LEAs have the
flexibility to identify their local teaching and learning needs
and use Federal funds accordingly. In keeping with this intent,
high-need subjects such as ``mathematics'' and ``science'' may
be defined to include other STEM-related subjects, such as
computer science, engineering and other related subjects.
Training Academies
The bill also allows participating States to set aside 1
percent of their title II, part A funds to support the creation
and oversight of teacher and principal training academies.
These academies must be rigorously selective in who they admit,
emphasize clinical training methods to prepare teachers and
principals, and tie graduation to improving student academic
achievement. In return for accepting this level of
accountability, academies will be free from burdensome, input-
based regulations. States will be required to establish a
special entity to oversee teacher and principal training
academies that has the authority to shut down low-performing
programs.
Principals
Extensive research shows that school leadership is second
only to teacher quality among school-related factors that
influence student achievement. While teacher quality has the
greatest impact on achievement, principal quality determines
whether schools can attract and retain effective teachers.
Historically, States and LEAs have used very little of their
title II, part A, funds to support the professional development
or training of principals. As such, the bill ensures that of
the 2 percent to 5 percent States set-aside for State-level
activities, the improvement of principal performance is among
the few activities in which a State must invest. In recognition
of the importance of school leadership, the committee also
includes support for principals as one of the activities that
LEAs may direct their title II, part A, funds towards.
Effective principals are critical to attracting and retaining
effective teachers in schools, particularly those serving the
most disadvantaged students. LEAs need to do as much as
possible to get strong leaders into these schools, and Federal
funds can help in this regard.
Additionally, the bill creates the Principal Recruitment
and Training Program as subpart 5 of title II, part A, to
recruit, train and support principals in schools that are high-
need, persistently low-achieving, achievement gap, or rural
schools. This program replaces the current school leadership
program. The Principal Pathways program improves upon current
law by focusing on recruitment and training practices that have
been demonstrated to strengthen school leadership.
The new program improves the rigor of the application
process for school leadership grants. There is a priority for
entities that have a record of success in preparing principals
who go on to improve student outcomes in eligible schools. In
addition, the program increases the accountability of grantees
for achieving results. Grantees will compete to renew their
grants and scale up their efforts based on their record of
improving student outcomes. Grantees will also use data on the
performance of their programs for continuous improvement.
The committee also recognizes that it is essential to build
the leadership capacity necessary to turn around persistently
low-achieving schools. The program will establish a school
turnaround leadership academy with a focus on recruitment,
training, placement and support of leaders specifically focused
on turning around persistently low-achieving schools and
dissemination of research and information on effective school
turnaround leadership.
Teacher Pathways to the Classroom
Title II, part B of the committee bill replaces the
Transitions to Teaching program, which was targeted at programs
preparing alternate route teachers, with the Teacher Pathways
to the Classroom program, which no longer focuses on how
teachers enter the classroom, but rather improving their
effectiveness in teaching students. The most recent research
indicates that the pathways to the classroom, whether it is a
traditional, alternate route or residency model, are not
predictive of the teachers' success in the classroom. What
matters is the quality of the preparation program. A 2009
randomized study by Mathematica Policy Research found no
statistically significant difference in performance between
students of teachers prepared through alternate routes compared
to those prepared through traditional routes to teaching.
Given this research, the committee believes that Federal
funding should be provided to teacher preparation programs
based on the quality of the teaching candidates it produces, as
opposed to the characteristics of the teaching program itself.
The competitive grant program in this bill allows high-
performing teacher preparation programs to compete for Federal
funding to recruit and train new teachers in high-need subjects
and fields to teach in high-need schools. High-quality
traditional route programs will be able to compete on equal
footing with alternate route programs with proven records of
success, such as Teach for America and the Teaching Fellows
programs operated by The New Teacher Project, as well as
teacher residency programs with a strong record of producing
candidates that increase student achievement.
Teacher of High-need Subjects
The committee intends, in section 2201(b)(2), that States
and LEAs have the flexibility to identify their local teaching
and learning needs and use Federal funds accordingly. In
defining mathematics and science as high-need subjects, the
committee intends to include other STEM-related subjects, such
as computer science, engineering and other related subjects.
Teacher Incentive Fund Program
The committee bill authorizes the Teacher Incentive Fund
(TIF), a program that was first authorized in 2006 through
Title V, Part D of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act. However, the committee makes a number of important changes
to the program. The TIF program currently provides grants to
States and LEAs to develop or improve performance-based
compensation systems for teachers and principals. As an
authorized program in ESEA, TIF will provide competitive grants
to States and districts to develop, implement, improve, or
expand strategies, including performance-based incentives, to
increase the number of highly-effective teachers and principals
in high-need schools. Priority will be given to grantees who
target placing highly-effective teachers and principals in
priority schools or who have already developed a professional
growth and improvement system, as described in title II, part
A. The committee strongly believes that the TIF program, as a
competitive grant program, can lead the way in driving
improvements in distributing effective teachers across States
and LEAs and that using data gleaned from sound evaluation
systems for the distribution of the most effective educators,
is the obvious next step in our attempt to close the
achievement gap and ensure equal educational opportunities for
all students.
Education Technology
The committee maintains that professional development about
and through technology is helpful in meeting the goal of
college- and career-readiness for students. Therefore, the
committee encourages States, LEAs, schools, and other entities
involved in the preparation and professional development of
educators to ensure teachers and administrators have the
knowledge and skills to effectively use technology and digital
resources to improve teaching, learning, and administration.
TITLE III: LANGUAGE INSTRUCTION AND ACADEMIC CONTENT INSTRUCTION FOR
ENGLISH LEARNERS AND IMMIGRANT STUDENTS
The changes reflected in title III are designed to better
leverage funds to supplement the use of evidenced-based
programs and practices, including professional development, to
support the acquisition of English and the ability for English
learners to graduate college- and career-ready. Key reforms
include updating the formula used to allocate resources to more
accurately provide resources to the school and LEAs serving
English learners; requiring States to maintain existing
investments in educational supports for English learners; and
calling attention to long-term English learners to ensure that
underserved students receive additional instructional supports.
In order to allow for better service delivery to students at
all levels of English proficiency, States and LEAs are
encouraged to continue to monitor the progress of English
learners throughout their school careers, including early
childhood education and care settings, and recognize the
developmental nature of second language acquisition.
States are no longer required to assess progress according
to established annual measurable achievement objectives, but
they are still responsible for ensuring that English learners
attain English proficiency and find ways to demonstrate such
proficiency in core academic subjects.
This title also authorizes national projects, including
partnerships to support the pursuit of advanced degrees for
individuals and in fields that will support improved quality
and increased access to programs designed to support the
learning and development of English learners. It is the intent
of these strategies to support capacity building efforts to
identify and better disseminate effective strategies for
supporting the learning and development of English learners.
Local Plans
The committee bill recognizes the importance of well-
developed local plans for implementing supports for English
learners. The committee especially emphasizes the importance of
creating strong community and family engagement to serve
English learners. Because of limited resources, the committee
emphasizes that local plans should target funds to schools with
the highest need. Local plans should also ensure that all
teachers of English learners are fluent (i.e., written and oral
communication skills) in the language of instruction.
State Activities
The committee intends for States to support LEAs and
therefore, SEAs may use up to 10 percent of their grant
allotment, to conduct activities that will assist LEAs to
better serve English learners.
Local Evaluation and Accountability
The committee bill describes in section 3121, the
evaluation requirements for eligible entities that receive a
subgrant from a State educational agency. An entity must
provide an evaluation to the agency at the conclusion of every
second fiscal year during the lifetime of a subgrant. The
evaluation format is prescribed by the agency, and includes a
description of the following items: programs and activities
conducted with funds; progress made by English language
learners as measured by State English language proficiency
assessments; the number and percentage of children in programs
and activities who meet the established target; and progress
made by former English learners in meeting college- and career-
ready academic content standards.
The evaluation is to be used by the entity and the State
educational agency to determine program and activity
effectiveness, to identify and inform potential improvement
processes, and to ultimately determine award of continuation
funding for specific programs or activities. The evaluation
must provide information regarding program and activity
enrollment, as well as any other required information by the
State. The report must include the percentage of children with
respect to the English proficiency progress, transition to
classrooms not tailored to English learners, attainment of
college- and career-ready standards, and finally, those not
exempted from the State reading or language arts academic
assessment. A State must approve any evaluation measures that
are designed to assess progress in attaining English
proficiency, in meeting college- and career-ready student
academic achievement standards, and progress in meeting the
annual State performance targets.
On an annual basis, each entity and State educational
agency must establish agreed upon performance targets for the
percentage of English learners who are making progress in
achieving proficiency not more than 5 years after
identification as an English learner. In the case of a student
who will graduate from secondary school in less than 5 years,
the student would not be counted as a graduating student in the
local educational agency's graduation rate calculation. If an
entity fails to meet the local performance targets, the State
educational agency must require the entity to develop and
implement an improvement plan. The State educational agency
must provide technical assistance to the entity during this
time. If the entity fails to meet the local performance targets
1 year after identified as being in need of improvement, the
State educational agency must identify the entity as needing
State support and require the entity to develop and implement a
plan to modify the existing curriculum, program and method of
instruction. The entity must submit this plan for State
approval. If, 1 year after being identified as needing State
support, the entity again fails to meet performance targets,
the State educational agency must identify the entity as in
need of State action. The State educational agency must then
manage the subgrant funds and programs for 4 years, or until
the local performance target is reached. After 4 years--or
after the goal is reached, if sooner than 4 years--the State
educational agency institutes a 2-year probationary period. If
the entity fails to meet the local performance target at any
time during this period, the State educational agency must
manage the subgrant funds and programs for the duration of the
probationary period.
State Accountability
The committee bill describes in section 3122 the
accountability measures for States, particularly in regards to
State performance targets. Each State educational agency must
establish a State performance target for the percentage of
English learners served by the State who are making progress in
achieving English proficiency not more than 5 years after being
identified as an English learner. State performance targets are
subject to approval by the Secretary. Each State educational
agency is responsible for ensuring that local performance
targets result in overall achievement of the State's
performance target.
If a State educational agency fails to meet the performance
target for 2 consecutive years, the Secretary must require the
State to develop and implement an improvement plan. The
Secretary must provide technical assistance to the State
educational agency during the development and implementation of
the improvement plan. If a State educational agency fails to
meet the performance target for 4 consecutive years, the
Secretary must require modification of the State plan and
methods of instruction. Additionally, the Secretary must
require a State educational agency to identify low-performing
local educational agencies and then develop and implement a
plan to partner low-performing local educational agencies with
high-performing local educational agencies. This would entail
reallocation of any grant funding that would have been
distributed to the low-performing local educational agency, to
the high-performing partner local educational agency. In the
case of a student who will graduate from secondary school in
less than 5 years, the student would not be counted as a
graduating student in the local educational agency's graduation
rate calculation.
Reporting Requirements
The committee bill describes in section 3123 the reporting
requirements for State educational agencies, as well as the
U.S. Department of Education. Each State educational agency
that receives assistance must provide an annual report to the
Secretary that includes information on the following four
areas: progress in the development and implementation of
English language proficiency standards; student progress in
achievement of English language proficiency; a description of
State programs and activities; and the effectiveness of such
programs and activities as related to improving the education
provided to English learners.
Every 2 years, the Secretary must submit a comprehensive
report to the authorizing committees of Congress. This report
must contain the types and descriptions of educational and
instructional programs and activities carried out to serve
English learners, as well as the effectiveness of these
programs. It must also include a critical synthesis of data
reported to States, including the number of programs or
activities subject to accountability measures due to a failure
to meet local performance targets (as described in section
3121(b)(4)). A description of any technical assistance provided
by States must also be included. This report must also contain
an estimate of the number of certified or licensed teachers
working with English learners, as well as an estimate of the
number of such teachers needed for the succeeding 5 fiscal
years. Lastly, any major findings of evidence-based research
carried out under this title and any other pertinent
information gathered from reports submitted to the Secretary
shall be included.
Professional Development Grants
The committee bill describes in section 3131 discretionary
grant funding to institutions of higher education or nonprofit
institutions in consortia with State or local educational
agencies to provide for relevant professional development
activities in the area of English language instruction. These
grants are awarded on a competitive basis and are not to exceed
a period of 5 years. They are to provide for professional
development activities that will improve classroom instruction
for English learners and to assist educational personnel
working with English learners to meet high professional
standards, including certification and licensure standards.
Grants awarded under this section may be used to support
partnerships between State or local educational agencies and
institutions of higher education, support research on relevant
promising practices, support strategies that promote school
readiness and high school graduation, and support strategies
that strengthen family and community engagement. Additionally,
grant funds may be used to support the development of
appropriate curricula, the dissemination of evidence-based best
practices and technical assistance.
Commission on Assessment of English Learners
The committee bill describes in section 3132 the
establishment of an independent commission on the assessment
and advancement of English learners. The members of the
commission must be appointed within 6 months of the date of
enactment of SASA. The commission must be comprised of
individuals with experience and expertise in the educational
advancement and development of English learners. The Secretary
must ensure that selected individuals are deemed competent
experts. The commission must provide the Secretary with advice
and recommendations regarding proficiency standards,
assessments--including early learning assessment strategies--
accommodations, and accountability systems. Additionally, the
commission must provide guidance related to the formation of
relevant peer review panels and ensure that research,
development and dissemination activities of the Department
address identified gaps. The commission will also help to
identify ways to address the needs of English learners in
Departmental program planning, and to support capacity-building
efforts to assist local educational agencies and schools.
English Language Acquisition Technology Innovation Grants
The committee recognizes that new innovations are necessary
to address the needs of SEAs and LEAs when instructing English
learners. SASA provides for the use of funds for grants in the
area of English language acquisition technology for purposes of
pursuing research and development to improve English
proficiency and academic achievement for English learners. The
Secretary is authorized to establish processes for the
development and execution of the English language acquisition
technology innovation grant projects and the solicitation of
entities to carry out the projects. The Secretary may award
grants, contracts, cooperative agreements, and cash prizes, as
well as enter into other approved transactions with entities
pursuing research and development in this area. Additionally,
the Secretary may obtain evaluations of the award processes and
gauge the effectiveness of individual projects funded by the
grant program. The Secretary may use funds made available for
the grants to pay for the cost of these evaluations.
Dissemination of evidence-based, effective practices and
technologies developed with the support of these English
language acquisition technology innovation grants is to occur
through comprehensive centers, the regional educational
laboratories system, or other appropriate dissemination means.
To the maximum extent possible, the Secretary shall ensure that
activities funded through this grant program are not
duplicative of activities under programs carried out under
Federal law by the Department or other Federal agencies.
TITLE IV: SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS
Improving Literacy Instruction and Student Achievement
The first foundational element of the Improving Literacy
Instruction and Student Achievement program is to reinforce
that literacy is a set of skills that build from birth to grade
12 and must be addressed in a comprehensive and consistent
manner. Research and best practice over the past 20 years has
clearly shown the links between oral and written language,
vocabulary development and reading achievement. Therefore,
becoming an effective learner requires literacy instruction
targeting a comprehensive set of skills. Under previous
systems, if children were on grade level in reading by the
fourth grade, they were assumed ready to become learners of
more complex content. However, experience has demonstrated that
reading and writing instruction only becomes more complex, and
many children who need additional assistance in the early
grades will continue to need selective assistance as the
academic content becomes more complex. Therefore, the bill
calls for effective literacy instruction from birth through
grade 12, ensuring that children are appropriately supported at
each stage in their academic development.
A second critical element of this program is a strengthened
comprehensive approach to ensuring that students leave high
school with advanced reading and writing skills needed to
succeed in college and a career. In order to accomplish this,
teachers and school leaders must be trained and confident in
using evidence-based instruction beginning in the early grades
through middle and high school. This will assure that more
students are instructed in higher levels of reading and writing
that correspond to the full range of State English language
arts standards that will support the higher literacy skills
that today's postsecondary education and the advanced, global
workplace demand.
A third component of the program creates a comprehensive
approach to assessment. The committee's bill includes
requirements for both summative and formative assessments to
create critical tools for understanding if a program is
effective (summative) and to inform and improve ongoing
instruction (formative). These requirements complement other
aspects of assessment included in the bill.
A fourth component of the program is for States and school
districts to develop and implement plans that both make use of
State and local strengths as well as to reflect the unique
needs of each community. Needs vary related to improving
literacy instruction in nearly every State and often needs vary
within a State. A thoughtful planning process is integral to
assure all populations of students and the setting in which
they live and attend school must be taken into consideration.
The planning requirement directs States to reflect the wide
range of literacy service providers and literacy expertise
within the State.
The bill articulates that federally supported professional
development programs must include important key components to
be successful. For example, the program must be specific to an
area of instruction especially literacy instruction from birth
to grade 12. Another component is job-embedded professional
development that reflects what teachers and school leaders
believe they need to be effective, including a needs
assessments and implementation of evidence-based instruction.
The bill targets high-poverty communities. Head Start,
community childcare block grants and State-supported programs
for assisting high poverty families have traditionally not
included a focus on education. To develop effective learners,
the literacy program must support evidence-based concepts that
stem from an early learning program. Similarly, a blended and
integrated reading and writing program is ideal to assure
students achieve a deeper understanding of more complex
content.
Additionally, the committee would like to clarify that
eligible entities that receive subgrants in support of birth
through kindergarten entry literacy may utilize funding to
provide targeted instruction for children whose early literacy
skills are below the appropriate age or developmental level as
demonstrated by a screening assessment.
Improving Science, Technology, Engineering, and Math Instruction and
Student Achievement
To ensure future competitiveness in the global economy,
America requires a workforce highly skilled in science,
technology, engineering and mathematics (STEM). Yet, our
education efforts in these critical areas lag behind those of
other advanced nations. The committee bill includes a new
Improving Science, Technology, Engineering, and Math
Instruction and Student Achievement program as part B of title
IV that will improve student academic achievement in STEM by:
Getting students engaged and excited about STEM
subjects through high-quality instruction, opportunities to
participate in STEM competitions, and exposure to STEM careers;
Helping more students access high-quality STEM
courses and learning opportunities;
Improving the quality and effectiveness of
classroom instruction by recruiting, training, and supporting
excellent STEM teachers and providing robust tools and supports
for students and teachers; and
Closing student achievement gaps and preparing
more students to be on track to college- and career-readiness
and success in STEM subjects.
Grants will be distributed to States (alone or in
partnership with other States, non-profit entities,
institutions of higher education or educational service
agencies) by formula if the annual appropriation exceeds $500
million; below this amount, grants will be awarded to States
competitively.
The committee recognizes STEM education as a national
priority in the country's elementary and secondary education
system. For the purposes of this title, the committee would
like to clarify that ``STEM education'' encompasses science,
technology, engineering and mathematics as well as other
academic subjects, such as computer science, that build on
these disciplines, are important to scientific discovery,
business and industry and that States identify as part of the
State analysis required by section 4204 (b)(1).
The committee recognizes the importance of increasing
access for students who are members of groups underrepresented
in STEM areas and requires that States describe how grant
activities will increase access for such students. It is the
intent of the committee that such efforts include female
students, minority students, students who are English language
learners, children with disabilities, and students from low-
income families.
The committee also recognizes that individuals with strong
STEM skills have opportunities for much more lucrative careers
outside of teaching. At the same time, research shows that well
implemented mentoring programs help provide opportunities for
teachers to learn from their colleagues and help provide the
support that new teachers need to remain in teaching. In
recognition of the need to invest in strategies to retain
excellent STEM teachers and supporting novice STEM teachers,
the committee bill includes a set-aside for a STEM Master
Teacher Corps program. The intent of the STEM Master Teacher
Corps program is to improve the ability of all teachers to
teach strong STEM skills to their students by offering career
advancement opportunities and higher pay to the top 5 percent
of K-12 STEM teachers in return for their mentorship of and
sharing best practices with other, less experienced STEM
teachers.
Improving Access to a Well-Rounded Education
Current Federal approaches to helping State efforts toward
enriching the curriculum have been in the form of separate,
uncoordinated discretionary grant programs for individual
academic subjects that had significant benefits for a
relatively small number of LEAs that were able to successfully
compete for funding. But these single-subject competitive
programs did not leverage broader change in State and local
policies and practices in ways that considered all academic
subjects offered, as a whole. Therefore, the committee
authorizes the Increasing Access to a Well-Rounded Education
program as part C of Title IV. This program requires applicants
to provide access to a well-rounded curriculum by giving grants
to States, in partnership with LEAs, educational service
agencies, and non-profit organizations, to increase the access
of low-income students to a well-rounded education. The grants
will be distributed by formula when appropriations for the
program reach $500 million, and will be awarded competitively
below that. The committee bill eliminates a number of programs
that promote instruction in a variety of subjects, including
Arts in Education, Civics, Teaching American History, Economics
Education, and the Foreign Language Assistance Program. This
program will allow States to continue to build teacher capacity
and increase the access of low-income students to a well-
rounded education, including in the arts and music, civics and
government, economics, environmental education, financial
literacy, foreign languages, geography, health education,
history, physical education, and social studies. The committee
recognizes that arts and music include a range of disciplines
including, but not limited to, dance, media arts, music,
theater, and visual arts.
Successful, Safe, and Healthy Students
The committee believes that all children should attend
schools that are safe, drug-free and that foster a positive
learning environment.
As such, the committee bill authorizes the Successful,
Safe, and Healthy Students program as part D of title IV, which
will advance student achievement and positive child and youth
development by promoting student health and wellness,
preventing bullying and harassment, violence, and drug use, and
fostering a positive school climate. States receiving grants
must have established a statewide physical education
requirement, and require all LEAs to have in place anti-
bullying and harassment policies to be eligible.
To support positive conditions for learning, States will
receive funding to implement programs to promote student
health, fitness, and mental health, and to prevent drug abuse
and school violence. To support data-driven prevention and
foster student success, the committee bill authorizes a minimum
of $30 million for formula grants to help all States develop or
enhance systems that will give local leaders the information
they need to improve the conditions for learning in their
schools and communities.
These data systems will provide to each State the support
necessary to measure the conditions for learning in each
school. Resources will also be available for grants to LEAs to
establish policies and activities to improve the conditions for
learning in each of their schools. This legislation gives State
and LEAs the resources and opportunities to create safe,
healthy schools that will enhance the academic achievement of
students.
SASA also authorizes the Successful, Safe and Healthy
Students State Grants program to implement programs to support
positive conditions for learning by promoting student health
and fitness, mental health and counseling services, and drug
and violence prevention. The committee intends that funds for
this program will be distributed by competitive grants
procedures if appropriated funds are less than $500 million.
States receiving funding under this program must distribute
subgrants competitively to LEAs or partnerships of LEAs and
non-profit organizations. It is the intent of the committee
that these partnerships would enhance an LEA's capacity to
implement health, mental health, and prevention programs. The
committee intends for States to distribute subgrant funds in
the following manner: not less than 20 percent for programs to
promote physical activity, education, and fitness and
nutrition; not less than 20 percent for drug and violence
prevention; and not less than 20 percent for programs to
promote mental health.
The committee expects that grantees will use data from the
conditions for learning measurement system to target funding
and program design. In addition, grantees must annually report
to the public on data regarding the conditions for learning
It is the committee's intent that grant funds provided by
the Successful, Safe and Healthy Students program support the
creation of the essential conditions for learning in schools,
including adequate physical activity, positive mental health,
good nutrition, and safe environments. Those conditions include
physical and emotional safety for both students and school
personnel and promote positive character development in our
youth. Schools with the essential conditions for learning also
provide for opportunities for good nutrition, and are free of
violence, harassment, and bullying. These schools are free of
weapons and prevent the use and abuse of drugs and alcohol. The
committee understands that students experience violence in many
forms, including dating violence. It is the intention of the
committee that funds allocated for violence prevention
activities could include activities to reduce incidences of
dating violence between students.
Student Non-Discrimination Act
The committee bill authorizes the Student Non-
Discrimination Act (SNDA) with the intent to ensure all
students have access to a public education in a safe
environment, free from discrimination. This includes freedom
from harassment, bullying, intimidation and violence on the
basis of sexual orientation or gender identity. SASA
establishes a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity. It provides LGBT
students similar civil rights and protections against bullying
and harassment as those that currently apply to students based
on race and gender. It is the committee's intent to ensure
these protections for LGBT students and ensure that all
students have access to public education in a safe environment
free from discrimination, including harassment, bullying,
intimidation and violence. It is also the committee's intent to
provide students with meaningful and effective remedies for
discrimination that occurs in public schools based on actual or
perceived sexual orientation or gender identity, modeled after
the guarantees in title IX. Like other civil rights laws, it is
the intent of this provision of SASA to prompt schools to avoid
liability by taking proactive steps to prevent the
discrimination and bullying of students protected by the bill.
21st Century Community Learning Centers
The committee recognizes that students, particularly those
who are furthest behind, benefit from more time for learning.
Programs that significantly increase the total number of hours
in a regular school schedule can lead to gains in student
academic achievement. Yet American students spend about 30
percent less time in school than students in other leading
nations. Students in China, Japan, and South Korea who attend
school 40 days more on average than American students
significantly outperform American students in math and science.
As such, the committee bill gives eligible applicants the
authority to apply for grants to fund (1) the activities
currently allowed under the program (before-school, after-
school, and summer-learning programs); (2) school-based
extended learning programs that are optional or for targeted
groups of students; or (3) a redesign and expansion of the
school day, week or year, for all students across all grades,
to creatively integrate academic and enrichment strategies. The
bill expands the current uses of the program to include
expanded learning time because the committee believes that it
is a separate, but related concept, in that the goal is to
extend, rather than supplement learning time.
Additionally, the committee believes that evaluation data
will yield valuable information on the models and their
implementation. The committee has directed the U.S. Department
of Education from prioritizing one 21st century community
learning center model over others. The committee does, however,
emphasize that this should not be construed to prohibit the
Department from providing best practice information and
technical assistance under the 21st Century Community Learning
Centers program.
The committee believes that strong partnerships between
schools and communities is an important aspect of this program.
To make partnerships between community-based organizations and
LEAs most effective, the committee believes partnerships
between local education agencies, schools and community-based
organizations should be marked by active collaboration,
including the appropriate sharing of relevant student data
among the schools and organizations, and any partnering
entities, while complying with applicable laws relating to
privacy and confidentiality. Additionally, while the committee
supported Senator Whitehouse's amendment to clarify that either
the LEA or the community partner could be the lead applicant
and fiscal agent, the committee believes that public agencies
are important partners and suitable lead applicants and fiscal
agents and intends to rectify this omission.
Finally, it is the committee's intent that funds provided
under this section can be used for high quality mentoring
activities. Mentoring programs based on scientifically valid
research have shown to be a cost-effective strategy for
improving academic performance, reducing dropout rates,
preventing substance abuse, and promoting mental health and
self-esteem.
Promise Neighborhoods
The committee believes that authorizing the Promise
Neighborhoods program will allow communities to leverage
Federal funds to design and implement a comprehensive pipeline
of existing educational and community supports that fits their
community's unique strengths and responds to their unique
needs, with the goal of ensuring college- and career-readiness
for all children in the neighborhood.
The committee bill requires grantees to combine high-
quality education with community- and family-based supports,
coordinating a continuum of services from birth through college
to career. Research demonstrates that young people are more
likely to succeed in school when their comprehensive needs are
met. The committee's Promise Neighborhoods program requires
grantees to provide high-quality early learning programs,
effective family and community engagement, and better services
for special populations; to leverage public and private sector
support; and to coordinate the services and resources of local
nonprofits, schools, health centers, universities, and
foundations. It authorizes 5-year, renewable, grants to ensure
that communities scale up their services and support a new
generation of educated workers.
Promise Neighborhoods Partnership Grants
The Partnership Grants program is intended to support
grantees as they build continuums of care and is modeled after
the Harlem Children's Zone (HCZ) in New York City. The HCZ
began as a single-block pilot in the 1990s and has since
expanded to 96 blocks, covering most of Harlem. Today HCZ
operates two charter schools and leverages a wide range of
public, nonprofit, and philanthropic funds to provide wrap-
around services to over 10,000 youth and about the same number
of adults each year. The committee recognizes that Federal
funds and direction were not the cause of HCZ's success.
Therefore, in order to replicate this work in other eligible
neighborhoods, it requires local community leaders to combine
available Federal resources with private, State, and local
funding. Thus, the program includes a significant matching-
funds requirement.
As they offer pipeline services, as defined in the
committee bill, the committee anticipates a wide range of
working arrangements in the Promise Neighborhoods Partnerships
Grants in subpart 1, with different roles and responsibilities
carried out by community-based organizations (CBOs) and LEAs in
different applications, though all eligible entities must
include an LEA in partnership with at least one nonprofit. The
requirement for partnership in application exists because: (1)
the performance metrics for the program are intended to span
the full continuum of care; (2) the education-reform aspects of
the Promise Neighborhoods program can be carried out most
effectively with local schools as a willing partner.
The services grantees would coordinate are all directed
toward giving all children in the neighborhood the skills they
need to succeed in school, college, and careers. Grantees can
use funds to coordinate existing services including:
pre-natal education and support for expectant
parents;
high-quality childhood education and care and
education opportunities, including by strengthening the early
care workforce in the neighborhood and improving data systems;
high-quality schools and before- and after-school
programs;
support for the transition to elementary school,
between elementary school and middle school, and from middle
school to high school;
family and community supports; and
college- and career-readiness activities, such as
help with the college admissions process.
However, the committee does not intend for grantees to be
required to track or provide assistance to participants
throughout their careers.
Promise School Grants
The Promise School Grants described in subpart 2 are
intended to support partnerships as they create continuums of
care revolving around schools in poor communities. As with the
Partnership Grants, the committee anticipates a wide range of
working arrangements in the Promise School Grants. These are
school-centered grants, though the number of schools initially
included in the applicant's plan will vary consistent with the
requirement to provide sufficient size and scope to serve the
entire neighborhood. The extent to which pipeline services will
be located in or provided at the school may also vary,
especially in the case of applications led by charter schools
that are their own LEA. However, the committee intends for
Promise School grantees to ensure the sustainability of the
programs they offer and consider ways to expand the area served
over time. The committee anticipates that LEAs leading Promise
School applications will have a successful record of
partnership with CBOs; other Federal, State, and local
agencies; and local employers or philanthropies. The committee
encourages LEAs applying for Promise School grants to see them
as an opportunity for transformation rooted in a distressed
neighborhood that may catalyze partnerships and systemic reform
throughout the LEA.
Performance Metrics
The committee bill requires the Secretary to establish
performance metrics for both grant programs. The committee
intends for any such metrics to span the continuum of care,
from prenatal care and parent education to college entry and
retention; to hold grantees accountable for successful
transitions, such as by tracking rates of kindergarten
readiness or through the use of early warning indicators in the
middle grades; and to encompass measures of community
partnership and family engagement, such as the percent of
parents and family members who participate in school events or
the number of local businesses engaged by partnerships.
The committee, in authorizing Promise Neighborhoods,
recognizes that many communities struggle to align resources to
create the pipeline services envisioned under this program, but
believes that successful examples--such as HCZ or the hundreds
of Community Schools located around the Nation provide guidance
on successful implementations and can be instructive to other
communities as they consider applying for these grants. As
such, great emphasis is placed on applicants seeking and
securing non-Federal and non-public funds in applying for this
grant, as well as a full accounting of the services that
already exist that can be aligned with grantee goals. Once
again, the Federal investment should not be viewed as the
driver of the services envisioned under this program, but a
contributor and catalyst for communities to take stock of their
existing resources and deploy them in a coherent, comprehensive
way.
Parent and Family Information and Resource Centers
SASA renames the Parent and Family Information and Resource
Centers (PFIRCs) to acknowledge the role that both parents and
non-custodial family members play in supporting children's
educational progress. The committee bill narrows the program's
goals and functions to supporting States. PFIRCs are also
required to help support the community of practice related to
effective parent and family engagement strategies, and to work,
to a lesser extent, with LEAs, schools, parents, family
members, and community members. The bill requires PFIRCs to
engage in a selection of high-impact activities, such as
supporting States as they work with high-need LEAs to improve
their local parent and family engagement plans, providing
parent institutes or other leadership training for low-income
families, and coordinating parent and family engagement
strategies statewide. Grantees also must now meet performance
goals to receive continued funding and be eligible for future
competitions.
It is the committee's intent that, while applications for
grants from consortia consisting of nonprofit organizations
(including statewide organizations) and State or LEAs are
welcome, the nonprofit organization is to serve as the fiscal
agent.
Programs of National Significance
The committee notes that while many programs in this Act
are targeted at the State level, certain national providers can
also play a role by employing an infrastructure that reaches
across State lines. The committee bill authorizes grants to
States, LEAs, institutions of higher education, or other public
and private non-profit agencies, organizations, and
institutions to carry out programs to increase students'
college- and career-readiness, to improve instruction, and to
invest in activities that improve student achievement in a
variety of domains and subjects. The committee notes that, in
the past, award recipients with similar capabilities as those
sought under the Programs of National Significance have been
funded through congressionally-directed, earmarked spending.
The Programs of National Significance's funds are not an
opportunity for these traditionally specified groups to
continue dedicated funding, but an opportunity for those groups
and other groups of similar missions and capabilities to apply
and receive funding through the competitive process.
Competency-based Assessment and Accountability Demonstration
With respect to section 4111, the committee recognizes the
emergence of competency education in many parts of the country.
According to a 2012 report by the National Governor's
Association, 36 States now permit districts to award credits
based on student mastery instead of seat time. Given this
important shift, the committee intends for this pilot to a
small number of States the flexibility to develop
accountability and assessment policies that align with this
approach to academic achievement.
The committee recognizes that States and LEAs that are
experimenting with or transitioning to competency-based
accountability systems will require assessment systems that may
have different characteristics than current systems in order to
ensure the continuous improvement in academic achievement for
all students. Competency-based assessments measure student
learning outcomes that emphasize the application and creation
of knowledge along with the development of important skills,
such as critical thinking, problem-solving, and effective
communication. They also provide multiple opportunities to
demonstrate learning that provide teachers with the information
they need to ensure students receive timely, differentiated
support based on their individual learning needs. Formative and
interim assessments ensure students make sufficient progress
throughout the year while summative assessments enable students
to demonstrate that they are ready to advance to the next
academic level.
With respect to the activities described in (c)(2), the
committee intends that States selected for the pilot be
permitted to use funds reserved in title I, part A for the
development of the competency-based assessment systems
described in subsection (C)(2)(A) of this section. States may
use these resources to support the development and
implementation of their system, including activities identified
in (a)(2)(B) of section 1141, such as the development of the
competencies and assessments aligned to State college- and
career-ready standards and post-secondary admissions
requirements, professional development activities aligned with
competencies and assessments, and the dissemination of
information in real-time to stakeholders about student progress
and performance to ensure all students remain on track or get
back on track to graduation.
In developing a process for review of the State assurances
in (c)(1)(A) and the State's plan under (c)(2)(E) of this
section, the committee intends for the Secretary to take into
account the availability of assessments that meet the
requirements of section 1111(a)(2)(B), in particular
requirements around comparability. If assessments that meet
these requirements are not widely available and easily adopted
by the States as part of the initial implementation of this
pilot authority, the committee intends for States, while
working toward the adoption of these assessments, to use
interim assessments that are the most rigorous in striving to
meet these requirements, are effective in driving instructional
practice, and provide reliable evidence of student learning
across testing contexts and scorers. The committee also intends
for the State assessment system to incorporate the following
elements: (1) Scoring rubrics that are task-specific; (2)
Piloted through task-item analysis; (3) Student learning
targets that represent mastery of State-approved competencies;
and (4) Indicators that measure the full range of academic
content and student achievement standards, including mastery of
content knowledge and the ability to think critically, solve
problems, and communicate effectively.
The committee also intends for States to have the
flexibility to dedicate funds from the amount reserved in title
II, part A, section 2111 to prepare the State's education
workforce to implement a competency-based accountability and
assessment system. The committee recognizes that competency
education emphasizes elements of teaching and leading that are
different from traditional methods. As such, the committee
intends that States include a plan for high-quality
professional development that emphasizes collaboration and
builds educator capacity to do the following: (1) Provide
timely, differentiated support to students based on individual
learning needs, moving each student along an individual
learning trajectory at a sufficient pace to achieve college-
and career-readiness in time for graduation; (2) Align
instruction to the explicit, measurable, transferable learning
objectives; (3) Score formative and summative assessments and
participate in their development; (4) Use formative assessments
to regularly assess student progress to mastery; (5) Use data
on individual student learning in a timely, ongoing manner to
inform instruction and support student progress to mastery; and
(6) Use technology, including blended or online learning, to
support student progress to mastery along individual learning
trajectories.
The committee believes this commitment to equity is
critically important and intends for States participating in
this demonstration to ensure local education agencies develop
robust intervention systems that provide all students with the
extra time and instructional supports they need to master the
standards and competencies necessary for success. States should
help local education agencies develop flexible scheduling and
identify effective early intervention strategies to ensure that
any student that falls behind his or her peers makes sufficient
progress to remain on track to graduation including over age
and under accredited youth.
TITLE V: PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
Race to the Top
The committee believes that the Race to the Top program,
part A of title V, has shown promising results in bringing
State and local leaders together to address education reforms.
To build upon this promise and build toward meaningful reform,
this Act authorizes a new competitive grant program to
incentivize comprehensive reforms and innovative strategies
that are designed to lead to improved academic achievement for
all students. Each year that funds are available, the Secretary
will choose at least one priority from among the following
critical educational goals for each competition:
increasing the access of children from low-income
families to highly-rated teachers and school leaders, including
by developing and implementing a teacher and principal
evaluation system;
strengthening the availability and use of high-
quality and timely data to improve instructional practices,
policies, and student outcomes;
implementing college- and career-ready academic
standards and strategies that translate such standards into
classroom practice;
turning around the schools served by the lowest-
performing schools;
support successful conditions for the creation,
expansion, and replication of high-performing public and
autonomous charter schools that serve students from low-income
families;
providing equitable resources to high-poverty
schools; and
improving school readiness by increasing access of
children from low-income families to high-quality early
learning programs and creating an integrated system of high-
quality early learning programs and services.
As with the funding priorities, the Secretary will also
choose what entities will be eligible for each year's
competition. Eligible entities may include States, high-need
LEAs and consortia of either, on the basis of their record of
innovation and reform, the quality of their plan, and evidence
of collaboration, among others. The application review and
selection process must be equitable and transparent, and
priority will be granted to rural high-need LEAs or consortia,
as well as any eligible entity that provides a full-day, full-
year kindergarten program to all kindergarten students, or to
all kindergarten students from low-income families. The
duration of the grants will be up to 4 years and continued
funding will be conditional upon the grantees' demonstrated
progress in implementing their plans for reaching the
performance targets and their objectives on time.
The committee believes that Race to the Top applications
from States and consortia of States must be signed by each
State's governor, the State's chief school officer, and the
president of the State board of education (if applicable). For
any grant competition with the goal of improving early
childhood education and care , States and consortia of States
can award subgrants only to public or private nonprofit
agencies and organizations; however, it is the committee's
intent that any public or private early childhood education
program, as defined in the Higher Education Opportunity Act
(P.L. 110-315), is eligible to receive funds from such
subgrants for activities consistent with any purpose included
in the eligible entity's plan described in section 5104(a)(3).
Investing in Innovation
The Investing in Innovation program, part B of title V, was
initially authorized under the American Recovery and
Reinvestment Act. In codifying and building upon the program,
the committee recognizes the importance of expanding the
implementation of, and investment in, innovative practices with
a demonstrated impact on improving student achievement, closing
achievement gaps, increasing high school graduation rates,
improving teacher and school leader effectiveness, or improving
school readiness. In including a set-aside for rural LEAs the
committee recognizes the unique needs of such LEAs and intends
to ensure the development of innovative practices targeted
toward their needs.
The committee bill establishes the Advanced Research
Projects Agency--Education (ARPA-ED). The entity is modeled
after the Defense Advanced Research Projects Agency (DARPA),
which makes investments in high-risk, high-return research and
development (R&D). It is the committee's intent to fund ARPA-ED
through the use of up to 30 percent of I3 funding or a maximum
of $100,000,000. It is the committee's belief that ARPA-ED will
have a similar capability to accelerate transformative
innovation in education and learning.
Public Charter Schools
The Federal charter schools program, part D of title V, has
been an instrumental complement to the State and local
development of innovative and successful public school models
across the Nation. In this Act, the program is updated to
reflect lessons learned since the last reauthorization and to
address the overwhelming demand, as evidenced by growing
waiting lists, for the expansion and replication of high-
performing charter schools. The program provides 85 percent of
funding for the charter school grants and 15 percent for
charter school facilities.
The committee believes that Federal charter school dollars
should fund high-performing charter schools, ensuring that
scarce resources support schools that raise student academic
achievement. With a focus on improving the quality of the
sector and investing in proven models of success, the charter
school grants program will support the creation, expansion, and
replication of high-performing charter schools through
competitive grants to States, LEAs, authorizers, and charter
management organizations.
The definition of a ``high-performing charter school''
requires applicants to have goals that are higher (new schools)
or results that are significantly higher (existing schools)
than demographically similar schools in the State for all
students and for subgroups of students in student academic
achievement and growth, consistent with section 1111, and in
the case of a high school, graduation rates and college
enrollment and persistence. The definition also requires such
charter schools to have similar or higher student retention
rates. A minimum of 25 percent of funds available for the
charter school grants must be awarded to States. It is the
committee's belief that States are ultimately responsible for
authorizing charter schools and, as the recipient of the
Charter Schools Program funds, still provide the innovative
approaches to chartering that can inform best practices in
other States. Grants will be awarded for an initial period of 3
years, and may be renewed for an additional 2 years if the
grantee is making satisfactory progress in meeting the grant's
objectives.
To ensure that limited Federal resources are targeted to
charter schools with a commitment to, or a record of, strong
academic results, the reauthorized program requires high goals
of student academic achievement for all student subgroups and
meaningful community outreach to parents and families. It also
incentivizes sound State policies for supporting charter
schools but also for overseeing, monitoring and holding them
accountable; promotes strong performance-based authorizing
policies that are transparent and effective in closing down
unsuccessful schools, and ensures that charter schools ensure
equitable access to, and effectively serve the needs of,
students with disabilities and English learners. Priority will
be granted to applicants that propose to serve students from
low-income families.
The legislation establishes rigorous application
requirements and selection criteria, with an emphasis on
authorizing. For example, the selection process must examine
the applicant's record of closing low-performing charter
schools and the State's requirements for, and enforcement of,
high-quality standards for charter school authorizers,
including standards for rigorous and periodic reviews. Priority
is given to States that ensure that all charters go thorough
review at least every 5 years.
The committee encourages the enrollment of students with
disabilities and English language learners in charter schools
and, recognizing the under-enrollment of such students in
charter schools nationally, seeks to ensure that charter
schools are accessible to all students on an equitable basis.
To this end, the legislation includes critical provisions so
students with disabilities and English learners are served
effectively by charter schools. In addition to subgroup
performance contract goals, the legislation requires all
applicants to describe how they will ensure that each charter
school provides equitable access and effectively serves the
needs of all students, including children with disabilities and
English learners, and implements outreach and recruitment
practices that include families of such students.
In addition, the selection process must examine the quality
of the application for supporting charter schools, through such
activities as technical assistance, to improve student academic
achievement and growth for each subgroup and to promote
effective outreach to, and recruitment of, students with
disabilities and English learners, and their parents and
families.
The legislation also requires that grantees provide support
and technical assistance in effectively serving the needs of
students with disabilities and English learners, implement
outreach and recruitment practices that includes the families
of students who are children with disabilities and English
learners, and directly, or through a partnership with a
nonprofit, develops and implements parent, family, and student
information, outreach, and recruitment programs to provide
information and support to parents, families, and students
about the public school choice options available to them.
Overall, this legislation reflects the committee's commitment
that students with disabilities and English language learners
have equal access to high-performing charter schools.
The charter school facilities program will support eligible
entities to improve access to facilities financing high-
performing charter schools and assist them in addressing the
cost of acquiring, constructing, and renovating facilities.
Eligible entities include States, LEAs, nonprofit
organizations, State financing authorities, or a consortium of
such entities. Competitive grants will be made for innovative
facilities financing programs, including credit enhancement,
open-facilities-access programs, making available renovated or
adapted space, leveraging State and local facilities funding,
and State per-pupil facilities aid programs. At least 65
percent of the funds must be expended for credit enhancement
grants.
TITLE VI: PROMOTING FLEXIBILITY; RURAL EDUCATION
The committee recognizes the Federal Government's declining
capacity to maintain historically high levels of education
funding. It further recognizes the challenges LEAs face in
coordinating and using the current Federal funding for their
own distinct, LEA-specific needs with specific requirements
under each Federal formula grant program. SASA builds upon the
current law transferability provisions allowing LEAs to
transfer as much as 100 percent of funding between SASA formula
grant programs. The committee maintains current law
restrictions on moving funding out of certain formula funds,
but updated to place restrictions on moving funds out of titles
I, III, VII, or VIII.
The committee, recognizing the continued unique challenges
facing rural LEAs reauthorizes the Rural Education Achievement
Program (REAP), with changes. Since the 2000 Decennial Census,
improvements have been made to the geocoding technology
necessary to more accurately determine which areas are rural
and which areas are urban based upon proximity to metropolitan
areas, rather than on population figures alone. Technological
advancements as well as further work in accurately determining
rural areas of the country by the Office of Management and
Budget (OMB) provides greater confidence to the committee that
rural education program funds will be better targeted and
focused on truly rural areas, far from urban and metropolitan
fringes.
Of significance, the committee added the locale code of 32
and updated the locale codes to 33 (territory 35 miles away
from an urban cluster), 41 (Census territory that is less than
or equal to 5 miles from an urbanized area, as well as rural
territory that is less than or equal to 2\1/2\ miles from an
urban cluster), 42 (Census territory that is more than 5 miles
but less than or equal to 25 miles from an urbanized area, and
rural territory that is more than 2\1/2\ miles but less than or
equal to 10 miles from an urban cluster), and 43 (Census rural
territory that is more than 25 miles from an urbanized area and
is almost more than 10 miles from an urban cluster).
Further, the committee provided flexibility for LEAs that
qualify both for the Rural Low-Income Schools (RLIS) and Small
Rural School Achievement (SRSA) programs by providing LEAs the
option of choosing the program for which they would prefer to
receive funding.
TITLE VII: INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
The changes reflected in title VII of the committee bill
are designed to better focus the use of funds on programs and
activities that meet the unique cultural, language, and
educational needs of American Indian students to ensure that
such students graduate college- and career-ready.
Key reforms included in this reauthorization include
additional flexibility to enable tribes and tribal educational
agencies more authority over the education and development of
Native students; a focus on the provision of high quality early
childhood education and care services to ensure that children
begin school ready to learn and recognition of the critical
role tribal leaders can play in the education and development
of Native students.
This title authorizes the use of funds to support the
preservation, reclamation and restoration of Native languages,
acknowledging the role that these practices can have in
supporting the academic achievement and also directs the
Secretary of Education and the Director of the Bureau of Indian
Education to conduct a study to improve collaboration among
these two entities to better support the provision of
educational services to tribes and Native students. Recognizing
the challenges facing Native students and communities, it is
the committee's intent that these improvements strengthen
collaboration between the Department of Education and the
Bureau of Indian Education in ways that recognize and preserve
tribal sovereignty and that support student achievement and
development.
Improvements made to part B are designed to better focus
the Native Hawaiian Education Council's efforts on addressing
the education and workforce needs of Native Hawaiian students
through redesigning the composition of the Native Hawaiian
Education Council and refocusing its purpose to ensure proper
coordination of educational and related services and programs
available to Native Hawaiian students. It is the intent of the
committee that Council members are responsible for carrying out
the activities of the Council, not the executive director.
The committee amended the definition of the Alaska Native
Organization to highlight the importance of having or
committing to acquire experience in the education of Native
Alaskans and to ensure Native Alaskans have substantive
policymaking positions. The committee also added to part C a
provision designed to leverage existing assets in Alaska to
improve academic achievement as well as college- and career-
readiness.
TITLE VIII: IMPACT AID
SASA makes significant changes to the Impact Aid program.
First, the committee removed the overly complicated ``highest
and best uses'' standard for identifying and then calculating
the tax assessment classifications of taxable adjacent
property. In exchange, the committee supports a simplified
calculation based upon the total taxable value of property
within the local education agency by then multiplying that
value by the federally impacted acreage.
The committee recognizes there is a burden on both the
local educational agency and the Department of Education in
determining the number of children relocated off-base during
the duration of a housing renovation, repair, modernization, or
demolition project. The SASA establishes a hold harmless
student count based on the number of on-base children enrolled
prior to the project start date. In addition, the SASA defines
what is considered a renovation, repair, and/or modernization
project. Such terms do not include normal ``sustainment
projects'' such as painting, carpeting or minor repairs. An
eligible project must also be one that will last more than 30
days. Together it is the intent of the committee to lessen the
time the department now spends in conducting annual audits of
students claimed as on-base students.
The committee also added language to support the transition
of consolidated LEAs related to their eligibility for the
Impact Aid program.
Finally, the committee adds language within section 8010
requiring the Secretary of Education to pay LEAs the full
amount that the agency is eligible to receive for a fiscal year
by September 30 of the following fiscal year for which the
payment is based. Many of these changes were made in the 2012
National Defense Authorization Act, but with a sunset of 2
years.
TITLE IX: GENERAL PROVISIONS
Definitions
SASA contains several new definitions, the most notable of
which are discussed below.
The committee bill modifies the definition of ``Advanced
Placement or International Baccalaureate'' to provide
potentially more options for States and LEAs in achieving the
goals of college- and career-readiness by allowing them to
choose another evidence-based program model. The committee bill
incorporates language enacted by Congress in the America
COMPETES Act of 2007 and maintained in the reauthorization of
that Act in 2010 [Sec. 6122(1)(B)]. With these provisions,
Congress has already acknowledged much advancement from
evidence-based program models showing large increases in
academic success for students who had access to rigorous high
school core courses benchmarked to college readiness.
The updated definition of a ``Charter School'' requires
charter schools to have independent governance and significant
autonomy in the areas of management, personnel, budget,
schedule, and instructional program; allows charter schools to
provide early childhood education and care or adult education;
requires charter schools to comply with Title II of the
Americans with Disabilities Act of 1990; provides an exception
to the lottery requirement under the restart strategy and
school closure strategy under section 1116(c)(6)(B); requires
charter schools to comply instead of just agreeing to comply
with the same Federal and State audit requirements as do other
elementary schools; and requires a charter school to have a
performance contract that uses school-wide and subgroup student
academic achievement and growth, consistent with section 1111,
as a primary factor in decisions about the renewal or
revocation of the charter, and describes the obligations and
responsibilities of the charter school and the charter school
authorizer, as well as the autonomy granted to the charter
school.
The committee has established the new term ``Conditions for
Learning'', which describes school factors that advance student
achievement and positive child and youth development. This
bill-wide definition allows for a more cross-cutting use of the
term.
The committee renamed ``Family Literacy Services'',
``Family Literacy Activities'', and also added a new
subparagraph that acknowledges the link between parents
receiving family literacy instruction and their capacity for
supporting their children's learning needs. The committee also
added a definition of ``Family Member,'' used in sections 1111
and 1118 and part G of title IV to acknowledge the important
role that noncustodial family members and other caring adults
(whether mentors, tutors, afterschool providers, or other
community members involved in education) play in the lives of
children.
The committee bill creates a new bill-wide definition for
``High-Need Local Education Agency'' as a number of programs in
the bill require a focus on students attending schools in these
LEAs. This definition uses population and poverty as
determining factors. The term is currently only defined in
Title II of ESEA in the Teacher and Principal Training program
(based on poverty and teachers in certain subjects) and in the
Educational Technology program (based on poverty and need for
technology.)
The committee renamed ``Pupil Services Personnel''
``Specialized Instructional Support Personnel'' and expanded
the definition to include school nurses. In doing so, the
committee wishes to recognize the critical link to school
success that school nurses play for many students.
In addition to the above new definitions, the terms
``professional growth and improvement system,'' ``positive
behavioral interventions and supports,'' and ``young child''
are defined.
Unsafe School Choice Option
The committee has amended the Unsafe School Choice Policy.
The previous reauthorization of this Act required each State to
identify ``persistently dangerous'' schools, as defined by the
State, and allow students attending such schools to transfer to
a school determined as ``safe'' by the State. The committee
holds that, though well-intentioned, the ``persistently
dangerous'' designation did not result in increases in school
safety. Rather, in many cases it created disincentives for
schools to accurately report data on violent criminal
incidents. The committee has eliminated the ``persistently
dangerous'' designation, while maintaining a provision allowing
students who become victims of violent criminal offenses to
transfer to a ``safe'' school, and including a new provision
allowing students who are threatened with a violent criminal
offense to do the same. This change empowers students and
families to make educational choices based on their own
experiences of school safety, and removes disincentives for
schools to accurately report violent incident data.
Evaluation Authority
The committee intends for the Secretary to reserve not less
than 1 percent and not more than 3 percent of the amount
appropriated for each categorical program and demonstration
project authorized under the Act for the purpose of evaluation.
The Secretary, acting through the Director of the Institute of
Education Sciences, must use the funds to conduct high quality
evaluations, provide technical assistance, evaluate the
aggregate short- and long-term effects and cost efficiencies
across Federal programs under the bill and identify and
disseminate research and best practices. It also requires the
Secretary to submit an annual plan to Congress.
The committee intends for all authorized programs under
this Act to be evaluated in a rigorous manner through the
Institute of Education Science under the guidance of the
Director and in consultation with the appropriate programmatic
staff in the Department of Education. The committee recognizes
evaluation of programs intended to serve a broad range of
students as comprehensively as possible is sometimes in
conflict with the most rigorous methodologies for determining
program effectiveness. The committee's intent in setting aside
funds for evaluation, under the evaluation authority in part F
of title IX, is to create program evaluations designed to allow
for conclusions to be made regarding the programs'
effectiveness and whether the investment of limited Federal
dollars is still merited for programs that have not met program
expectations. While experimental and quasi-experimental designs
are preferred, the committee recognizes that those designs are
sometimes impractical and alternatives need to be used. The
committee's intent is for the Director of the Institute of
Education Science to conduct program evaluations with the
strongest possible design to provide researchers and
policymakers with reliable and valid information upon which
future decisions can be made regarding the effectiveness of the
programs under this Act.
TITLE X: COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR
PUBLIC SCHOOLS
The committee established a Commission on Effective
Regulation and Assessment Systems for Public Schools. The
Commission will: (1) examine the regulatory requirements on
elementary and secondary education at the Federal, State, and
local levels, with an aim to identify unnecessary, redundant,
or conflicting laws, rules, and regulations; (2) investigate
how Federal, State, and local interpretations of laws and
regulations create additional or unnecessary burden and are
used as rationale for imposing requirements that are not
actually mandated by law; (3) make recommendations on how to
align and improve requirements in such regulations; (4) examine
the quality and purpose of current assessment requirements; and
(5) make recommendations to improve and align assessment
systems to provide meaningful information and improve student
achievement, teacher performance, and innovation.
TITLE XI: AMENDMENTS TO OTHER LAWS & MISCELLANEOUS PROVISIONS
Homeless Education (McKinney-Vento Homeless Assistance Act)
The committee recognizes the unique challenges to academic
achievement faced by the growing population of homeless
students. In the 2010-11 school year, 1,065,794 homeless
children and youth were enrolled in public schools. This is a
57 percent increase since the 2006-7 school year. The McKinney-
Vento Homeless Education Reauthorization Act of 2011, Title X
of SASA, helps these vulnerable children and youth become
college- and career-ready by removing barriers to their
identification, enrollment, attendance, and success in school.
The amendments build on current law to enhance school stability
and access to educational opportunities. The committee
acknowledges the special difficulties of unaccompanied homeless
youth, who struggle to obtain an education without a parent or
a home. The bill includes provisions to ensure that these youth
are enrolled in school, able to earn credits, and informed of
their status as independent students for financial aid. Young
children who are homeless also face unique barriers to
accessing early childhood programs; the committee adopted
provisions to ensure that these children are identified and
prioritized for enrollment in public preschool programs.
Further, to ensure uninterrupted education, the committee
clarified that, in the case of a dispute, homeless children and
youth must remain enrolled in school until the final resolution
of the dispute.
Amendments to title I, part A, make permissible the use of
title I funds for transportation to assist homeless children
and youth to stay in their school of origin, thus providing
greater flexibility to LEAs on how title I reservations for
homeless students may be spent.
ARPA-ED
The committee adopted an amendment offered by Senator
Bennet to establish the Advanced Research Projects Agency--
Education (ARPA-ED). The entity is modeled after the Defense
Advanced Research Projects Agency (DARPA), which makes
investments in high-risk, high-return research and development
(R&D). It is the committee's belief that ARPA-ED will have a
similar capability to accelerate transformative innovation in
education and learning.
IV. Regulatory Impact Statement
The committee has determined there will be reduced demands
upon States, local educational agencies, and other recipients
of ESEA funds, due largely to the more targeted accountability
features and reduced number of programs contained in the
Elementary and Secondary Education Reauthorization Act (SASA).
SASA requires States to adopt college- and career-ready
academic content standards, and assessments tied to those
standards. Many States have already undertaken this work. SASA
maintains the No Child Left Behind (NCLB) Act's requirement
that all public school students in grades three through eight
be tested annually in mathematics and reading. SASA also
maintains requirements that States participate in annual State
assessments under the National Assessment of Educational
Progress (NAEP) in fourth and eighth grade mathematics and
reading and issue annual report cards that include assessment
and student achievement information.
With regard to the title I accountability system, SASA
limits federally prescribed interventions to the lowest
performing 5 percent of schools in a State, and an additional 5
percent of schools with large subgroup achievement gaps. In
contrast, NCLB required interventions in all schools that were
not making adequate yearly progress.
In general, recipients of ESEA funds will be expected to
use those funds on programs which have proven to be effective
in improving student achievement and performance and in meeting
other program objectives. The committee believes that it is
appropriate to demand results and accountability in exchange
for Federal investments in programs authorized under the
Elementary and Secondary Education Act. However, in this
reauthorization the committee has sought to target Federal
mandates to those areas that the implementation of NCLB has
shown are effective.
Finally, SASA cuts the number of programs in ESEA and
consolidates many into broader program authorities. This
program consolidation is expected to reduce the administrative
time and expense involved in developing, processing, and
awarding separate grants--and to result in funding applicants
with more capacity to efficiently and effectively carry out
grant activities. SASA also maintains the authority for small,
rural school districts to combine funds from several separate
formula grant programs and apply these funds toward local
initiatives designed to improve student achievement.
V. Application of Law to the Legislative Branch
The committee bill reauthorizes and amends the Elementary
and Secondary Education Act of 1965 to continue programs
primarily offering assistance to States and local educational
agencies on behalf of elementary and secondary school students
and teachers and, as such, has no application to the
legislative branch.
VI. Cost Estimate
U.S. Congressional Budget Office,
Washington, DC,
September 13, 2013.
Hon. Tom Harkin, Chairman,
Committee on Health, Education, Labor, and Pensions,
U.S. Senate,
Washington, DC 20510.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S.1094, the
Strengthening America's Schools Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey, who can be reached at 226-2820.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S.1094--Strengthening America's Schools Act of 2013
Summary: S.1094 would amend and reauthorize most programs
in the Elementary and Secondary Education Act of 1965 (the
ESEA, commonly referred to, in its most recently reauthorized
form, as No Child Left Behind). The underlying authorizations
for those programs have expired, although most have received
appropriations since their authorizations have expired. For
almost all of the programs, the bill would authorize the
appropriation of such sums as may be necessary for fiscal years
2014 through 2018. The bill also would amend and reauthorize
the McKinney-Vento Homeless Assistance Act and amend the
Department of Education Organization Act.
CBO estimates that S.1094 would authorize the appropriation
of about $24 billion in 2014 and $127 billion over the 2014-18
period. Implementing the bill would have discretionary costs of
$93 billion over the 2014-18 period, assuming appropriation of
the estimated amounts.
Enacting the bill also would increase direct spending by
$10 million over the 2014-23 period; therefore, pay-as-you-go
procedures apply. Enacting the bill would not affect revenues.
S.1094 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA).
S.1094 would impose a private-sector mandate, as defined in
UMRA, on parents and guardians of unaccompanied youth by
shielding schools from liability that might result from
enrolling unaccompanied youth without parental or guardian
consent. CBO expects that the costs of the mandate would not
exceed the annual threshold established in UMRA for private-
sector mandates ($150 million in 2013, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in the following table.
The costs of this legislation fall within budget 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
--------------------------------------------------------
2014 2015 2016 2017 2018 2014-18
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING\1\
Federal Student Loan and TEACH Grant Programs:
Estimated Budget Authority........................... 3 * * 1 1 5
Estimated Outlays.................................... 3 * * 1 1 5
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I: Improving the Academic Achievement of the
Disadvantaged:........................................
Estimated Authorization Level........................ 15,590 15,881 16,218 16,555 16,908 81,152
Estimated Outlays.................................... 312 12,166 15,200 16,139 16,475 60,291
Title II: Supporting Teacher and Principal Excellence:
Estimated Authorization Level........................ 3,063 3,120 3,187 3,253 3,322 15,946
Estimated Outlays.................................... 92 1,472 2,572 3,144 3,209 10,490
Title III: Language and Academic Content Instruction
for English Learners and Immigrant Students:
Estimated Authorization Level........................ 705 718 733 748 764 3,669
Estimated Outlays.................................... 7 444 664 699 713 2,527
Title IV: Supporting Successful, Well-Rounded Students:
Estimated Authorization Level........................ 2,271 2,330 2,379 2,429 2,481 11,890
Estimated Outlays.................................... 45 1,364 2,080 2,355 2,405 8,249
Title V: Promoting Innovation:
Estimated Authorization Level........................ 1,074 1,094 1,117 1,140 1,165 5,590
Estimated Outlays.................................... 22 400 889 1,100 1,122 3,532
Title VI: Promoting Flexibility; Rural Education:
Estimated Authorization Level........................ 173 176 180 184 188 900
Estimated Outlays.................................... 3 104 158 178 182 625
Title: VII: Indian, Native Hawaiian, and Alaska Native
Education:
Estimated Authorization Level........................ 203 207 212 216 221 1,059
Estimated Outlays.................................... 6 98 171 209 213 697
Title VIII: Impact Aid:
Estimated Authorization Level........................ 1,245 1,268 1,295 1,322 1,350 6,480
Estimated Outlays.................................... 1,106 1,156 1,288 1,317 1,345 6,211
Title X: Committee on Effective Regulation and
Assessment of Systems for Public Schools:
Estimated Authorization Level........................ 1 1 1 1 1 5
Estimated Outlays.................................... 1 1 1 1 1 5
Title XI: Amendments to Other Laws; Miscellaneous
Provisions:
Estimated Authorization Level........................ 113 115 118 120 123 589
Estimated Outlays.................................... 3 54 95 116 119 388
--------------------------------------------------------
Total Increase in Discretionary Spending:
Estimated Authorization Level...................... 24,438 24,911 25,440 25,969 26,522 127,279
Estimated Outlays.................................. 1,598 17,258 23,117 25,257 25,784 93,014
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2014, but those amounts are not reflected
in the table.
Components may not sum to totals because of rounding.
* = less than $500,000.
\1\CBO estimates that enacting the bill would increase direct spending by $10 million over the 2014-23 period.
Basis of estimate: Unless otherwise noted, the bill would
authorize the appropriation of such sums as may be necessary
for each of fiscal years 2014 through 2018 for programs
discussed below. (All authorizations in the bill would
automatically be extended 1 year under the General Education
Provisions Act.) Estimated authorization levels are based on
the funding levels for previous fiscal years for the same or
similar programs or, for some new programs, the level of
funding proposed in the President's fiscal year 2014 budget
request. For this estimate, CBO assumes that the bill will be
enacted near the start of fiscal year 2014, that the Congress
will appropriate the estimated amounts, and that spending will
follow historical patterns.
Direct Spending
S.1094 would amend the definition of a highly qualified
teacher and the definitions of levels of poverty in school
districts. The Department of Education uses those definitions
to determine eligibility for both forgiveness of Federal
student loan debt for teachers and the TEACH Grant program. The
amendments to the definitions would increase eligibility for
both programs.
CBO estimates that the increase in eligibility would
increase direct spending for the Federal student loan programs
by $10 million over the 2014-23 period. In addition, we
estimate that the proposed changes would increase direct
spending for the TEACH Grant program by a negligible amount.
Spending Subject to Appropriation
CBO estimates that fully funding the authorizations in this
bill would require appropriations of approximately $25 billion
a year over the 2014-18 period of authorization, for a total of
$127 billion. Those appropriations would cost $93 billion over
the 2014-18 period and an additional $34 billion after 2018,
assuming the appropriation of the estimated amounts. The
Congress appropriated about $24 billion for similar activities
authorized in the ESEA and other legislation for fiscal year
2013. Sequestration under the Budget Control Act of 2011
reduced that total to about $23 billion.
Title I--Improving the Academic Achievement of the
Disadvantaged. Title I of the bill would reauthorize funding
for most programs in Title I of the Elementary and Secondary
Education Act as well as create new grant programs designed to
support secondary school reform. CBO estimates that
implementing this title would require $15.6 billion in funding
for fiscal year 2014 and would lead to discretionary costs of
$60.3 billion over the 2014-18 period, assuming the
appropriation of the estimated amounts. The bill would
authorize the appropriation of the following amounts:
Improving Basic Programs Operated by Local
Educational Agencies. Part A would reauthorize funding for
grants to local educational agencies (LEAs), school improvement
grants, various assessments of education progress, Centers for
Excellence in Early Childhood Education, and administrative
support. CBO estimates the authorization of appropriations for
all of part A would total $15.1 billion (of which about $14.0
billion would be for grants to LEAs) in fiscal year 2014 and
similar amounts (with adjustments for anticipated inflation) in
subsequent years. Implementing those provisions would cost
$56.2 billion over the 2014-18 period. The bulk of the
spending, $54.1 billion, would be for grants to local
educational agencies. The Congress appropriated about $14.5
billion for grants to LEAs for fiscal year 2013, and that total
was reduced to about $13.8 billion by sequestration.
Pathways to College. Part B would create a new set
of grant programs to encourage school districts to implement
strategies in secondary schools to prepare students for
colleges and careers. The bill also would expand the program
that currently supports grants to Advanced Placement programs
to include International Baccalaureate programs. CBO estimates
that this part would authorize the appropriation of slightly
more than $100 million for fiscal year 2014. We estimate that
implementing those provisions would cost about $400 million
over the 2014-18 period.
Education of Migratory Children. Part C would
reauthorize programs that support the education of children of
migrant workers. CBO estimates that provision would authorize
the appropriation of almost $400 million in fiscal year 2014,
leading to estimated discretionary spending of $1.5 billion
over the 2014-18 period. The Congress appropriated about $400
million for similar activities in fiscal year 2013, an amount
that was reduced to about $375 million by sequestration.
Prevention and Intervention Programs for Children
and Youth Who Are Neglected, Delinquent, or At Risk. Part D
would reauthorize programs that support the education of at-
risk children. CBO estimates that provision would authorize the
appropriation of approximately $50 million in fiscal year 2014.
Implementing part D would cost about $200 million over the
2014-18 period. For fiscal year 2013, available funding totaled
almost $50 million for at-risk children.
Educational Stability of Children in Foster Care.
Part E would require that State educational agencies that
receive funding under this title coordinate with the
responsible agencies when children in foster care programs move
to different school attendance areas. CBO estimates that part E
would have no significant effect on Federal spending.
Title II--Supporting Teacher and Principal Excellence.
Title II would modify and reauthorize grant programs designed
to support teacher training and improvement. CBO estimates that
the bill would authorize the appropriation of $3.1 billion for
those activities in fiscal year 2014 and $15.9 billion over the
2014-18 period. We estimate that fully funding those activities
would cost $10.5 billion over the 2014-18 period, assuming the
appropriation of the estimated amounts.
Continuous Improvement and Support for Teachers
and Principals. Part A would reauthorize the State grant
program for improving teacher quality and authorize funding for
the recruitment and training of principals. CBO estimates the
bill would authorize the appropriation of $2.5 billion for
those grants for fiscal year 2014, and that outlays would total
$8.7 billion over the 2014-18 period. The Congress appropriated
about $2.5 billion for State grants in 2013, and sequestration
reduced that amount by about $130 million.
Teacher Pathways to the Classroom. Under part B,
the bill would authorize funding for grants to partnerships of
institutions of higher education and State or local educational
agencies to support the recruitment and retention of teachers
in high-need subjects at high-need schools. Those new grants
would replace an existing program that provides grants
specifically for mathematics and science partnerships, which
received about $140 million in funding for fiscal year 2013
after sequestration. CBO estimates this provision would have
discretionary costs of about $500 million over the 2014-18
period.
Teacher Incentive Fund Program. Part C would
reauthorize the Teacher Incentive Fund, which supports grants
to LEAs and other organizations to develop and implement
performance-based teacher and principal compensation systems in
high-need schools.\1\ CBO estimates that this provision would
authorize the appropriation of about $300 million for fiscal
year 2014 and have discretionary costs of $1.0 billion over the
2014-18 period. The Congress appropriated about $300 million
for State grants in 2013, and sequestration reduced this amount
by about $15 million.
---------------------------------------------------------------------------
\1\The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2006 (Public Law
109-149) originally authorized the Teacher Incentive Fund under the
authority granted in the ESEA in Subpart 1, of Part D, of Title V, Fund
for the Improvement of Education--Programs of National Significance.
---------------------------------------------------------------------------
Achievement Through Technology and Innovation.
Additionally, part D would reauthorize and modify the Enhancing
Education Through Technology Program to improve teaching and
learning through technology. CBO estimates that implementing
this provision would cost about $350 million over the 2014-18
period. No funding was provided for part D in fiscal year 2013.
(In fiscal year 2010, education technology programs included
under part D of this legislation received about $100 million.)
Title III--Language and Academic Content Instruction for
English Learners and Immigrant Students. Title III of the bill
provides support for teaching of the English language,
including to recent immigrants. CBO estimates the bill would
authorize the appropriation of more than $700 million for
grants to States and for other activities in 2014 and $3.7
billion over the 2014-18 period. Implementing this title would
cost about $2.5 billion over the 2014-18 period, assuming the
appropriation of the necessary amounts. The Congress
appropriated about $730 million for similar activities in
fiscal year 2013, an amount that was reduced to a little less
than $700 million under sequestration.
Title IV--Supporting Successful, Well-Rounded Students.
Title IV would authorize funding for various grant programs
designed to improve literacy and math and science instruction.
It also would support measures to improve the health and safety
of students. CBO estimates this title would authorize the
appropriation of approximately $2.3 billion in fiscal year 2014
and $11.9 billion over the 2014-18 period. Implementing Title
IV would cost about $8.2 billion over the 2014-18 period,
assuming the appropriation of the necessary amounts.
Improving Literacy Instruction and Student
Achievement. Part A would authorize grants to support
activities designed to increase literacy for individuals from
birth through the end of high school, and it would authorize
grants to improve school library programs. CBO estimates that
spending for these purposes would total about $750 million over
the 2014-18 period.
Improving Science, Technology, Engineering, and
Mathematics Instruction and Student Achievement. Part B would
authorize grants to States to increase access to science,
technology, engineering, and mathematics, and to provide
professional development for teachers. CBO estimates that
implementing part B would have discretionary costs of about
$1.5 billion over the 2014-18 period.
Increasing Access to a Well-Rounded Education and
Financial Literacy. Part C would authorize grants to local
educational agencies to support access for low-income students
to education topics such as the arts, civics and government,
economics, environmental education, and foreign languages. Part
C also would authorize grants to State educational agencies to
improve the teaching of financial literacy. CBO estimates that
spending for those grants would cost almost $300 million over
the 2014-18 period.
Successful, Safe, and Healthy Students. Part D
would authorize a new grant program to promote student physical
and mental health and well-being and to prevent violence and
substance abuse, similar to activities funded by State grants
for safe and drug-free schools under current law. The bill also
would authorize funding for school districts in which the
learning environment has been disrupted due to violence or
another traumatic event to purchase or construct new facilities
to maintain an appropriate learning environment. CBO estimates
that those grants would have discretionary costs of about $1.1
billion over the 2014-18 period.
Student Non-Discrimination. Part E would require
any Federal agency that terminates or refuses to provide
financial assistance to an education program because that
program discriminates on the basis of sexual orientation or
gender identity to submit a report to the Congress detailing
the action. CBO estimates this section would have a negligible
impact on discretionary spending over the 2014-18 period.
21st Century Community Learning Centers. Part F
would reauthorize grants for 21st Century Community Learning
Centers, which support before- and after-school and summer
school programs. CBO estimates this provision would authorize
the appropriation of more than $1.1 billion for fiscal year
2014 and would lead to discretionary costs of $4.0 billion over
the 2014-18 period. The Congress appropriated more than $1.1
billion for this program in fiscal year 2013. Sequestration
reduced that total by almost $60 million.
Promise Neighborhoods. Part G would reauthorize
Promise Neighborhood grants, which go to organizations to
provide family and community services and to support
comprehensive education reforms in high-need areas.\2\ CBO
estimates that spending for part F over the 2014-18 period
would total about $200 million. About $55 million was available
for this program in fiscal year 2013.
---------------------------------------------------------------------------
\2\The Consolidated Appropriations Act, 2010 (Public Law 111-117)
authorized Promise Neighborhood grants under the authority granted in
the ESEA in Subpart I, of Part D, of Title V, Fund for the Improvement
of Education--Programs of National Significance.
---------------------------------------------------------------------------
Additional Programs. Parts H, I, and J would
reauthorize Parent and Family Information and Resource Centers,
the Ready to Learn program, and Programs of National
Significance. CBO estimates that the total authorization of
appropriations for fiscal year 2014 for those programs would be
about $100 million and total spending for fiscal years 2014
through 2018 would be almost $400 million. Part K would permit
the Secretary of Education to grant demonstration authority to
eligible entities to incorporate competency-based
accountability into State accountability systems required under
Title I. The bill also would require the Secretary to
disseminate a report detailing best practices on the
implementation of those systems. CBO estimates implementing
part K would have a negligible effect on discretionary
spending.
Title V--Promoting Innovation. CBO estimates that title V
would authorize the appropriation of about $1.1 billion in
fiscal year 2014 and $5.6 billion over the 2014-18 period.
Implementing title V would cost about $3.5 billion over the
2014-18 period, assuming the appropriation of the estimated
amounts.
Race to the Top and Investing in Innovation. Parts A and B
would authorize funding for the Race to the Top and Investing
in Innovation programs, both created in the American Recovery
and Reinvestment Act (Public Law 111-5). Those competitive
grants programs are designed to encourage educational
innovation and reform at the State and local levels. CBO
estimates that the bill would authorize the appropriation more
than $500 million for Race to the Top and almost $150 million
for Investing in Innovation for fiscal year 2014. Implementing
those two programs would cost $1.7 billion and $0.5 billion,
respectively, over the 2014-18 period. The Congress
appropriated about $700 million for these two programs in
fiscal year 2013, and about $660 million was available after
sequestration.
Magnet Schools, Charter Schools, and Public School Choice.
Parts C, D, and E would reauthorize funding for Magnet Schools
Assistance, Charter School Grants, and Voluntary Public School
Choice. CBO estimates that the bill would authorize the
appropriation of almost $400 million for fiscal year 2014 and
would have total discretionary costs of about $1.3 billion over
the 2014-18
period for those programs. The Congress appropriated about $350
million for grants for magnet and charter schools in 2013, an
amount that was reduced by about $20 million by sequestration.
No funding was provided for public school choice in 2013.
College Information Demonstration Program. Part F would
authorize funding for a demonstration program to encourage
secondary students at high-need schools to apply to and enroll
in postsecondary education and apply for and receive financial
aid. CBO estimates implementing this provision would cost about
$90 million over the 2014-18 period.
Title VI--Promoting Flexibility; Rural Education. Title VI
would reauthorize rural education achievement programs, which
provide grants to assist rural school districts in improving
teaching and learning outcomes. CBO estimates the bill would
authorize the appropriation of about $170 million in spending
for fiscal year 2014 and approximately $900 million over the
2014-18 period. Implementing this title would have
discretionary costs of roughly $600 million over the 2014-18
period, assuming the appropriation of the estimated amounts.
The Congress appropriated about $180 million for similar
activities in fiscal year 2013, an amount that was reduced by
about $10 million by sequestration.
Title VII--Indian, Native Hawaiian, and Alaska Native
Education. Title VII would reauthorize grant programs for
Native Americans, Native Hawaiians, and Alaska Natives.
Programs for Alaska Natives would be authorized through 2019.
The bill would amend current law to authorize the repair and
renovation of public schools that serve higher concentrations
of Native Hawaiian students. CBO estimates the bill would
authorize the appropriation of about $200 million for fiscal
year 2014 and $1.1 billion over the 2014-18 period.
Implementing this title would cost about $700 million over the
2014-18 period, assuming the appropriation of the necessary
amounts. The Congress appropriated almost $200 million for
these programs in 2013, an amount that was reduced by about $10
million by sequestration.
Title VIII--Impact Aid. Title VIII would reauthorize impact
aid programs, which provide funding to assist local educational
agencies affected by the activities of the Federal Government,
such as those on a military base or Indian reservation. CBO
estimates that title VIII would authorize about $1.2 billion in
fiscal year 2014 and about $6.5 billion over the 2014-18
period. We estimate that fully funding this title would result
in discretionary costs of $6.2 billion over the 2014-18 period,
assuming the appropriation of the estimated amounts. The bulk
of this spending, about $5.8 billion over the 2014-18 period,
would be for basic support payments to LEAs to assist in the
education of certain children residing on Federal property. The
additional $400 million would be used to construct and maintain
schools that educate those children. The Congress appropriated
almost $1.3 billion for impact aid in 2013, and a little more
than $1.2 billion was available after sequestration.
Title X--Committee on Effective Regulation and Assessment
of Systems for Public Schools. Title X would require the
Secretary of Education to establish a commission to examine
Federal, State, and local regulations that affect elementary
and secondary education. CBO estimates that this provision
would authorize the appropriation of $1 million in each year.
Title XI--Amendments to Other Laws; Miscellaneous
Provisions. Subpart I of title XI would reauthorize the
McKinney-Vento Homeless Assistance Act, which authorizes grants
to States to assist in the education of homeless children. The
bill would authorize the appropriation of such sums as may be
necessary for fiscal years 2014 through 2020. CBO estimates
that this subpart would authorize the appropriation of more
than $60 million for fiscal year 2014 and have discretionary
costs of about $200 million for the 2014-18 period. Available
funding under this Act totaled about $60 million for fiscal
year 2013.
Subpart II would amend the Department of Education
Organization Act to create an agency within the department
responsible for the research and development of educational
technology to improve student achievement. Funding from the
Investing in Innovation program, authorized in title IV, would
be reserved to support this new agency. CBO estimates that this
provision would authorize the appropriation of $50 million in
fiscal year 2014 and would cost almost $200 million over the
2014-18 period.
Pay-as-you-go consideration: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays under S.1094, the
Strengthening America's Schools Act of 2013, that are subject
to those pay-as-you-go procedures are shown in the following
table.
CBO Estimate of Pay-As-You-Go Effects for S.1094, the Strengthening America's Schools Act of 2013, as Ordered Reported by the Senate Committee on
Health, Education, Labor, and Pensions on June 12, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------
2013- 2013-
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2018 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Impact on the Deficit.................................... 0 3 0 0 1 1 1 1 1 1 1 5 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated impact on State, local, and tribal governments:
S.1094 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on State, local, or tribal
governments. Those governments would benefit from grants
authorized in the bill for elementary and secondary education.
Any costs associated with those grants would be incurred
voluntarily as a result of complying with conditions of Federal
assistance.
Estimated impact on the private sector: S.1094 would shield
schools from liability that might result from enrolling
unaccompanied youth without parental or guardian consent. The
bill would impose a private-sector mandate, as defined in UMRA,
on parents and guardians ofunaccompanied youth to the extent
that they would be denied an existing right to compensation.
However, such claims are very rare, and no damages have been
awarded for such claims in the past 10 years. Therefore, CBO
expects that the costs of the mandate would not exceed the
annual threshold established in UMRA for private-sector
mandates ($150 million in 2013, adjusted annually for
inflation).
Previous CBO estimate: On July 10, 2013, CBO transmitted a
cost estimate for H.R.5, the Student Success Act, as ordered
reported by the House Committee on Education and the Workforce
on June 19, 2013. CBO estimated that the bill, which also would
reauthorize the ESEA, would authorize the appropriation of
about $23 billion for fiscal year 2014 and $114 billion over
the 2014-18 period. Differences in the estimates reflect
differences in the legislation.
Estimate prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: J'nell L.
Blanco; Impact on the Private Sector: Vi Nguyen.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
VII. Section-by-Section Analysis
TITLE I--COLLEGE AND CAREER READINESS FOR ALL STUDENTS
Part A--Improving the Academic Achievement of the Disadvantaged
The committee bill refocuses title I to provide States and
districts with the flexibility they need to ensure that all
students, including students with disabilities and English
learners, are college- and career-ready by the time they
graduate from high school.
Standards
College- and Career-Ready Standards: States must adopt
college- and career-ready standards in reading and mathematics
that align with relevant career and technical standards, as
well as credit-bearing, academic coursework at the State's
public institutions of higher education. Students who meet
these standards will not need remediation at the State's public
institutions of higher education. States must also develop
standards for science, but the Federal Government does not
require that these be used for accountability purposes.
English Proficiency Standards: States must adopt English
proficiency standards aligned with the State's college- and
career-ready standards.
Early Learning Guidelines: The bill asks States who use
title I funds to develop or certify the existence of guidelines
that are developmentally appropriate for children aged birth
through entry into kindergarten, which describe what children
should know and be able to do.
Assessments
States must develop assessments in reading and math aligned
with their college- and career-ready standards that are given
not less than once in grades three through eight, not less than
once in high school, and in all elementary and secondary
schools. The assessments must include multiple measures of
student achievement and measure individual student academic
growth, which may be accomplished through computer adaptive
tests. States must also establish assessments for English
proficiency aligned with the State's English proficiency
standards. The outcomes of these assessments will be
incorporated into the State's accountability framework. States
may develop alternate assessments for students with the most
significant cognitive disabilities, but such assessments may
not be given to more than 1 percent of all students in the
State.
State Accountability
A State will set ambitious, but achievable, annual
performance targets for student growth, academic proficiency
and English proficiency for itself, its districts, and all its
public elementary and secondary schools for each assessed
subject and grade level.
Performance targets may be:
Those adopted through the waiver agreements with
the Secretary.
The percentage of students meeting or exceeding
grade-level standards at the highest 10 percent of schools in
the State, subject to approval by the Secretary.
Equally ambitious targets to the ones above,
subject to approval by the Secretary.
To help States transition to this new accountability
system, States will establish a new baseline for its
assessments 2 years after the law is enacted. During the 2 year
transition, States must continue to assess students,
disaggregate data, and provide interventions for schools that
were priority and focus schools on the date of enactment of the
law.
Local Accountability
States will identify the following types of schools for
different interventions:
Priority Schools--5 percent of the bottom-
performing elementary schools and 5 percent of the bottom
performing high schools in the State. Districts must choose 1
of 6 interventions for schools in this category, which include
a State-developed intervention that has a basis in evidence.
Rural districts are given flexibility in administering the
interventions.
Focus Schools--the 10 percent of schools that are
not priority schools with the greatest achievement gaps among
student subgroups. States will develop and implement a data-
driven correction plan to improve student performance in these
schools.
Districts will identify schools that have missed their
performance targets for student subgroups for 2 consecutive
years and will, in collaboration with the school, implement a
locally designed intervention to improve student performance.
State and Local Report Cards
Each district and State must provide a report card for each
public elementary and secondary school in the State. The report
cards must include, among other things: information relating to
the State's accountability system; information relating to
student achievement and graduation rates, disaggregated and
cross-tabulated across income statute, ethnicity, gender, and
ability; evaluation results for teachers and principals, when
appropriate; discipline data; information related to access to,
and participation in, Advanced Placement and International
Baccalaureate programs; data related to pregnant and parenting
students; and the number of military-connected students served
by public schools in the districts and States.
Equity Report Card
Each district must provide a parent with the following
information on each school:
Student achievement data, disaggregated by
subgroup;
Information on the school's funding source
(Federal , State, local, or donations);
For each high school, the graduation rate and the
rate students enroll in college;
Information on educational opportunities at each
school, including availability of:
Preschool and full-day kindergarten; Advanced
Placement and International Baccalaureate courses; Dual
enrollment and early college opportunities; and Gifted
programming; and
Information on the school's climate, including
disciplinary data.
Blue Ribbon Schools
The bill continues to provide States the option of
recognizing and rewarding schools with the highest student
achievement and most growth. States must define the criteria
for recognizing schools based on the percentage of making
sufficient growth to achieve college- and career-readiness,
graduation rate, and the performance of each subgroup of
students. States may set-aside one-half percent of title I to
reward Blue Ribbon schools. Identified title I schools may use
reward funds to improve student achievement and to provide
technical assistance to similar schools in the State. The bill
gives schools flexibility in the use of these funds.
Centers of Excellence in Early Childhood
The bill authorizes a new program to designate and reward
exemplary early childhood education programs that have a
demonstrated track-record of success in getting low-income
families ready for school. The governor of each State must
nominate an early childhood education program that may apply
for a grant from the Secretary. Centers of Excellence must use
their grant to disseminate best practices to other early
childhood education providers in their area. Centers of
Excellence may also use funding to expand their services and
increase access to their program. Subject to appropriations,
the minimum grant for a Center of Excellence is $200,000.
Comparability of Services
By the 2015-16 school year, local school districts must
show that their average combined local and State funds per
pupil for title I schools is equal to or greater than the
average combined local and State funds per pupil for non-title
I schools. If all schools in a district are eligible for title
I funds, the local school district must demonstrate to the SEA
that the average combined local and State funds expended per
pupil in high-poverty schools is equal to or greater than the
average combined local and State funds expended per pupil in
the district's low-poverty schools.
Equitable Distribution of Teachers
Beginning with the 2015-16 school year, the State
educational agency must provide for the equitable distribution
of teachers within local school districts. Teachers who are new
to the profession, have not completed a teacher preparation
program, are not teaching in their certified field of study,
who are not classified as highly qualified, and who are in the
lowest or highest rating level of their local teacher
evaluation system must be equally distributed among schools in
high poverty areas and schools in lesser or low poverty areas.
Part B--Pathways to College
Subpart 1--Improving Secondary Schools
The committee bill authorizes a new competitive grant
program that would award grants to implement innovative and
effective secondary school reforms. These reforms are directed
at title I high schools with graduation rates below 75 percent
that do not receive priority schools resources.
Each targeted school would be required to implement one of
the following reform strategies:
Graduation Promise Academies, which include ninth
grade academies taught by teams of teachers who work with small
groups for extended learning periods, etc.;
Career Academies, which implement a rigorous
curriculum that integrates academics, career and technical
education, and experiential learning in high-skill, high-demand
industries;
Dual enrollment programs that provide dual
enrollment opportunities with college credit-bearing courses,
including accelerated certificate programs with community
colleges or other recognized postsecondary credentials; or
Early College Schools, which allow students to
simultaneously earn credits towards a high school diploma and
either an associate degree or transferable postsecondary
education credits toward a postsecondary degree at no cost to
the student.
The High School Reform Program would replace the following
existing programs: Comprehensive School Reform, School Dropout
Prevention, and Smaller Learning Communities.
Grant stipulations:
Duration: 5 years, with conditions after year 3
based on satisfactory progress.
Eligible Entity: A high-need local education
agency who partners with--
An institution of higher education, an
employer, and an outside partner with a demonstrated
track record of successful high school reform or an
intermediary.
Subpart 2--Accelerated Learning
The committee bill continues a program that awards grants
to States to reimburse students for Advanced Placement (AP)
test fees and expands the program to include reimbursement for
International Baccalaureate (IB) test fees. The bill also makes
other minor changes to improve program quality, including
creating a priority for applications that are part of a state-
wide or district-wide strategy to increase the availability of
AP or IB courses in high-need schools.
Part C--Education of Migratory Children
The committee bill continues support for the Migratory
Education Program, which attempts to address the unique needs
of mobile migratory children who suffer, among other things,
disrupted or interrupted education and who need special
supplemental support. The program provides formula grants to
States based primarily on their share of migratory children.
The bill strengthens the program by:
Ensuring that migratory children and youth are
expected to meet the same college- and career-ready academic
content standards that all children are expected to meet and
requiring the collection of new performance data;
Updating the grant formula to more accurately
provide funding based on actual counts of migratory students,
including students who receive services during the summer;
Enhancing records transfer requirements to
minimize the effects of mobility; and
Prioritizing services towards migratory students
who have moved within the previous 12 months and those that
have dropped out of school, as well as those that are at risk
of failing to meet academic content standards.
Part D--Programs for Children and Youth Who Are Neglected, Delinquent,
or At-Risk
The committee bill continues support for the Neglected &
Delinquent Program, which is designed to improve educational
services for children and youth in local and State institutions
for neglected and delinquent juveniles. This bill strengthens
the program by:
Ensuring that these children and youth are
expected to meet the same college and career-ready academic
content standards that all children are expected to meet and
requiring the collection of new performance data;
Targeting funding to students who are truly ``at-
risk'' by changing the definition of ``at-risk'' to eliminate
the inclusion of students based solely on academic issues; and
Requiring the development of a transition plan for
students entering certain facilities and consultation between
facilities and local educational agencies upon release to
ensure the students' continued success.
Part E--Educational Stability of Children in Foster Care
The committee bill authorizes new provisions to ensure
educational stability for foster children who experience a
number of undue burdens in the course of their public school
career, including having to re-enroll in schools when they
change foster placements or leave foster care. This part would
require that States receiving funding under title I must
coordinate with the responsible agencies to ensure foster
children--when leaving foster care, changing foster placements,
or in foster care--remain enrolled in their school of origin to
the maximum extent possible, are enrolled immediately in
school, and have their records transferred in a timely fashion.
TITLE II--SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE
Part A--Continuous Improvement and Support for Teachers and Principals
The committee bill makes several key changes to the title
II-A formula program, including:
Professional Growth and Improvement Systems:
Districts that receive title II-A funds will develop teacher
and principal evaluation systems based on academic achievement
and growth, classroom observations, and other measures that
inform teacher performance (for teachers) and on academic
achievement and growth, instructional leadership, and, if
districts choose, other measures of principal performance (for
principals). The evaluation systems must be able to provide
meaningful feedback to teachers and principals in a timely
manner and provide data to inform decisions about professional
development activities. The implementation of these systems
does not alter the rights and remedies enjoyed by educators
through their local collective bargaining agreements and States
and districts with evaluation systems approved under ESEA
waivers do not have to alter the components of their systems.
Professional Development and Support: Districts
will conduct professional development activities that are
evidence-based and aligned with the results of evaluations in
order to improve student academic achievement and increase
students' abilities to meet college- and career-ready
standards. Early childhood educators can also be included in
professional development activities.
Early Childhood Transition: States and local
school districts may develop and implement programs and
policies to improve the transition of children from early
childhood education and care programs to elementary schools.
Recruitment, Preparation and Distribution of Great
Teachers: Funds from title II may be used to recruit, prepare,
support, reward, and retain teachers and principals in the
high-need and low-performing schools where they are needed
most. The funds can also be used to improve the distribution of
highly rated teachers to ensure that low-income students are
not taught by disproportionate shares of low-rated teachers.
Class Size Reduction: Restricts funds for class
size reduction to the early grades. Previous class size
reduction programs failed to produce significant results for
students because they operated on the margins. The bill will
ensure that funds are used for class size reduction to the
early grades where they are most impactful.
Principal Set-aside: Principals were one of the
most significant omissions of No Child Left Behind. The bill
acknowledges the impact of principal leadership in schools and
ensures that of the 2 percent to 5 percent States set-aside for
State-level activities, the improvement of principal
performance is among the few activities in which a State can
invest.
Part B--Teacher Pathways
The committee bill authorizes a new program designed to
support the recruitment, selection, preparation, placement,
retention, and support of teachers in high-need subjects or
fields who will improve student academic achievement and
student outcomes at high-needs schools.
Grant Stipulations:
Eligible entities--States or districts in
partnership with institutions of higher education or a
nonprofit organization.
Priority: Programs that have a track record of:
Recruiting individuals with a demonstrated
history of academic achievement;
Recruiting individuals from underrepresented
backgrounds;
Preparing teachers who improve student
achievement in high-need schools.
Part C--Teacher Incentive Fund
The Teacher Incentive Fund will provide competitive grants
to develop, implement, improve, or expand strategies, including
performance-based incentives, to increase the number of highly
effective teachers and principals in high-need schools.
Priority will be given to grantees who target placing highly
effective teachers and principals in priority schools or who
have already developed a professional growth and improvement
system, as described in title II-A. Entities eligible for
grants include: districts, States, or colleges in partnership
with districts and States.
Part D--Achievement Through Technology and Innovation
The committee bill continues support for an educational
technology program that will award formula grants to States
through the title I formula. States can then award grants to
districts, through formula and competitiveness, to provide
professional development to educators on the effective use of
technology to improve instruction.
TITLE III--LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH
LEARNERS AND IMMIGRANT STUDENTS
The committee bill continues to fund formula grants to
ensure that English learners and immigrant children achieve
English proficiency while they attend public school. The
committee bill better targets the use of funds to support the
use of evidence-based instructional programs and practices to
support the acquisition of English so that English learners
make sufficient progress to graduate college and become career
ready.
Subpart 1--Grants & Subgrants for English Language Acquisition &
Language Enhancement
States will receive grants based on their share of the
percentage of English learners and Immigrant children they have
relative to the rest of the States. States must then provide
subgrants in an amount proportional to their share of English
learners relative to the number of English learners in the
State. Subgrants will be used to help English learners attain
English proficiency and meet the State's college- and career-
ready standards. Subgrantees must use approaches that are
evidence-based and proven to be effective for teaching English
learners and immigrant children, such as high-quality
professional development for educators.
Each subgrantee will set individual targets for English
learners that will set them on a path to achieve English
proficiency in no less than 5 years.
State subgrant stipulations:
Duration: Determined by the State.
Eligible subgrantee:
One or more districts.
One or more districts in partnership with a
college, a community organization, or a SEA.
Subpart 2--Accountability and Administration
States, with input from subgrantees and subject to approval
by the Secretary, will set a performance target for the number
of English learners served by the State who will achieve
English proficiency not more than 5 years after they are
identified as English learners. Subgrantees will also set
performance targets for English proficiency. Also, each second
year a subgrantee receives funds from the State they will be
evaluated along several factors, including:
The number & percentage of English learners
becoming English proficient in 5 years;
The number & percentage of children meeting
college- and career-ready standards 2 years after receiving
services;
The progress made by former English learners in
meeting college- and career-ready standards.
States will use information from the evaluation to
determine the effectiveness of programs to decide whether to
provide technical assistance or discontinue funding to the
subgrantee.
Subpart 3--National Activities
The Secretary will reserve 3.5 percent of title III funds
for activities that include:
Competitive grants to nonprofits or colleges with
the expertise and capacity to provide high-quality professional
development to improve classroom instruction for English
learners;
The establishment of an independent commission on
the assessment of English learners comprised of experts who can
provide the Secretary with advice regarding the development of
English learners and their inclusion in State assessments;
Innovation grants to invest in research and
development in educational technology to improve English
proficiency and academic achievement for English learners.
TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS
Part A--Improving Literacy Instruction and Achievement
Subpart 1--Improving Literacy Instruction
The committee bill authorizes a new grant program to
support high-quality literacy instruction to help States
strengthen the literacy skills of all students from birth
through high school.
The committee bill includes non-renewable planning grants
(that last for a period of 1 year) and implementation grants to
States (that last for a period of 5 years with opportunities to
renew). Grants will be distributed to States by formula if the
appropriation for this program exceeds $500 million. The
formula is based on the share of the State's share of children
from birth to 17 who live at or below the poverty line. If
appropriations are below $500 million, grants are awarded to
States competitively. States will competitively distribute
funds to:
Enhance State capacity to improve literacy
instruction.
Provide high-quality, research-based professional
development to instructional staff.
Support evidence-based practices to improve
literacy and writing.
Ten percent of funds will be reserved to build the literacy
skills of children aged birth to 5.
State subgrant stipulations:
Eligible Entities: Districts and early childhood
education providers.
Priority: Granted to--
Entities that serve children living at or
below poverty; and
Entities that serve school-aged students
reading or writing below grade level.
Subpart 2--Improving Literacy and College and Career Readiness Through
Effective School Library Programs
The committee bill authorizes a competitive program to
improve students' readiness for college and careers by
providing students with effective school library programs. The
program funds effective school library programs, which are:
staffed with licensed professionals; have up-to-date books,
materials and technology; includes regular collaboration
between classroom teachers and school librarians in the
development of curriculum; and supports the development of
digital literacy skills. Districts, or a consortium of
districts, are eligible to compete for these grants.
Part B--Science, Technology, Engineering and Mathematics (STEM)
Instruction and Support
Subpart 1--Improving STEM Instruction and Student Achievement
The committee bill authorizes a new STEM program that would
award grants to States. Grants will be distributed to States by
formula if the appropriation for this program exceeds $500
million. The formula is based primarily on the share of the
State's share of children from ages 5 to 17 who live at or
below the poverty line. If appropriations are below $500
million, grants are awarded to States competitively. States
will competitively distribute funds to improve student academic
achievement in STEM by:
Increasing student access to high-quality STEM
courses and learning opportunities.
Improving the quality and effectiveness of
classroom instruction by recruiting, training, and supporting
highly effective STEM teachers.
Preparing more students to be on track to college-
and career-readiness and success in STEM subjects.
State subgrant stipulations:
Eligible Entities: a high-need district,
consortium of high-need districts, or an outside partner
(business, nonprofit, or a college) working with a high-need
district or consortium.
Matching Requirement: 15 percent.
Subpart 2--STEM Master Teacher Corps
The committee bill requires the Secretary to set-aside 10
percent of STEM funding under Subpart 1 for the STEM Master
Teacher Corps competitive grant program, which would offer
career advancement and higher pay to the top 5 percent of K-12
STEM teachers in the United States. Members of the teaching
corps would, in turn, mentor other STEM teachers and share best
practices. The Secretary will administer the grants in
consultation with the Director of the NSF.
Grant stipulations:
Duration: Not more than 5 years.
Eligible Entities:
Institutions of Higher Education.
Non-profits that recruit STEM teachers or
improve STEM teacher effectiveness.
Matching Requirement: 50 percent.
Priority: Grantees that will--
Serve large numbers of teachers.
Serve rural areas, particularly high-need
rural areas.
Part C--Increasing Access to a Well-Rounded Education and Financial
Literacy
Subpart 1--Increasing Access to a Well-Rounded Education
The committee bill authorizes a new well-rounded program
that would award grants to States. Grants will be distributed
to States by formula if the appropriation for this program
exceeds $500 million. The formula is based primarily on the
share of the State's share of children from ages 5 to 17 who
live at or below the poverty line. If appropriations are below
$500 million, grants are awarded to States competitively.
This program will allow States to continue to build teacher
capacity and allow access for low-income students to a well-
rounded education, including in the arts, physical education,
financial literacy, health education, foreign languages,
civics, history, music, and environmental literacy.
The program requires States to identify and target gaps in
low-income students' access to a high-quality, well-rounded
education, including: the selection of courses provided; the
capacity of teachers to provide excellent instruction in those
subjects; and the quality of standards, assessments, curricula,
accommodations, and other supports. States may provide
subgrants to high-need districts, or a consortium of such
districts, to improve the skills of teachers or build local
capacity to provide a well-rounded education to low-income
students, students with disabilities, or English learners.
The programs that consolidated into the well-rounded
Education program include: Excellence in Economic Education;
Teaching American History; Arts in Education; Foreign Language
Assistance Program; and Academies for American History and
Civics.
Subpart 2--Financial Literacy Education
The committee bill authorizes a new program where the
Secretary can award grants to States to:
Support professional development regarding
financial literacy education to secondary school teachers;
Integrate financial literacy education into
elementary and secondary schools that receive support under
title I.
A State that receives funds under this subpart must provide
a match of 25 percent.
Part D--Successful, Safe and Healthy Students
Successful, Safe, and Healthy Students Program replaces a
number of programs in current law that have not been as
effective as they were intended, largely due to their limited
reach. The consolidated programs are: Safe and Drug Free
Schools State grants, Elementary School Counseling, Physical
Education Program, Foundations for Learning, Mental Health
Integration in Schools, and Alcohol Abuse Reduction.
The Successful, Safe, and Healthy Students Program will
advance student achievement and positive child and youth
development by promoting student health and wellness;
preventing bullying, violence, and drug use; and fostering a
positive school climate. The Successful, Safe, and Healthy
Students Program would establish two State grant programs:
1. Grants for State and local data systems: The Secretary
is authorized to reserve 30 percent of funds, or $30 million,
whichever is greater, for formula grants to States to develop
or enhance systems that will give local leaders the information
they need to improve the conditions for learning in their
schools and communities. The formula will be based on title I.
During years where the overall appropriation for Successful
Safe and Healthy is less than $30 million, the Secretary will
direct all funds to States to develop conditions for learning
systems. This grant will help build State capacity to develop a
high-quality plan for the Successful, Safe, and Healthy
Students State Grants.
2. Successful, Safe, and Healthy Students State Grants:
States will receive funding to provide subgrants to implement
programs to support positive conditions for learning by
promoting student health and fitness, mental health and well-
being, drug and violence prevention, and safe and supportive
schools. Funds will be distributed by formula to States
(through the title I formula) but if the appropriation for this
program is below $500 million, the grants would be awarded to
States competitively. To be eligible to apply for funding under
this program, States must:
Establish a statewide physical education
requirement.
Require all districts to establish policies that
prohibit bullying & harassment of students.
State subgrant stipulations:
Eligible Entities: Districts, a consortium of
districts, nonprofits working with districts.
Priority: Entities that serve low-income students
and demonstrate the greatest need.
Funding Allocation: States must distribute the
following percentage of subgrant funds:
Not less than 20 percent for programs to
promote physical activity, education, and fitness and
nutrition;
Not less than 20 percent for drug and violence
prevention (including bullying prevention); and
Not less than 20 percent for programs to
promote mental health.
3. School Construction after a Violent or Traumatic Crisis:
The Secretary is authorized to provide financial assistance to
districts that serve a school in which the learning environment
has been disrupted due to a violent or traumatic crisis. Grants
would support the acquisition or improvement of property as
well as construction.
Part E--Student Non-Discrimination
The committee bill authorizes Senator Franken's Student
Non-Discrimination Act (SNDA), which ensures that all students
have access to a public education in a safe environment, free
from discrimination. This includes freedom from harassment,
bullying, intimidation and violence on the basis of sexual
orientation or gender identity.
SNDA provides a comprehensive Federal prohibition of
discrimination in public school based on actual, or perceived,
sexual orientation or gender identity. It also gives the
Department of Education the authority to combat such
discrimination through regulation and enforcement, much in the
same way they did through title IX and other non-discrimination
laws. SNDA also provides meaningful and effective remedies
(loss of Federal funding and legal cause of action for victims)
for discrimination in public schools based on actual or
perceived sexual orientation or gender identity, modeled after
title IX. SNDA also provides those students who feel they have
experienced discrimination in violation of this part with a
private right of action.
Part F--21st Century Community Learning Centers
The committee bill continues the authorization for the 21st
Century Community Learning Centers (CCLC) Program, which
currently funds before-school, after-school, or summer-learning
programs. The committee bill will expand the program to give
local communities authority to decide whether to use 21st CCLC
funds for:
before, after, or summer learning;
a significantly increased school day, week or year
to provide more time for academic and enrichment activities; or
a redesigned school program with at least 300
hours of additional school time for academics, additional
subjects and enrichment activities, and teacher collaboration
and planning.
Funds will be distributed by formula to States (through the
title I formula), which then award subgrants to districts
competitively.
State subgrant stipulations:
Duration: 3 years with a chance to extend for 2
years if the entity gets positive outcomes.
Eligible entities include partnerships between one
or more high-need local educational agencies and one or more
public entities or nonprofit organizations with a demonstrated
record of success in designing and implementing before school,
after school, summer learning, or expanded learning time
activities.
Rural districts who cannot find a partner can apply on
their own.
Priority: Entities that--
Provide strong research evidence for their
activities;
Propose to serve high percentages of low-
income students;
Have strong partnership agreements; and
Provide matching funds.
Part G--Promise Neighborhoods
Subpart 1--Promise Neighborhoods Partnership Grants
The committee bill authorizes the new Promise Neighborhoods
Partnership program, which is a comprehensive program to
provide children with all the support they need from birth
through college. The proposal is based on the Harlem Children's
Zone (HCZ), program that has been successful in increasing
college success for students within a neighborhood in Harlem.
The program will fund national competitive grants to create
cradle-to-career ``continuums of care'' for all children in
low-income neighborhoods. The Promise Neighborhoods Program
requires that community-based organizations partner with local
institutions as they provide a wide range of services to
children beginning at birth and continuing through college
entry. The services provided must include elements that are
essential to healthy development and, eventually, college and
career readiness, including training for expectant parents,
high-quality early care and education, and supportive services
for children throughout their school years. Grantees must
monitor data on a range of indicators and share best practices.
Grant stipulations:
Duration: 5 years with a chance to extend for 1
year if the entity can demonstrate significant improvement
across a number of performance metrics.
Eligible Entity: A nonprofit that works with at
least one of the following: a high-need district, a charter
school, an institution of higher education, the mayor, or an
Indian tribe.
Match: 100 percent.
Subpart 2--Promise Neighborhoods Schools Grants
These are school-centered grants that allow schools to
provide wrap-around services on-site by leveraging existing
resources in the community. These grants will support the
hiring of an on-site coordinator who will help connect students
and their families to the academic and non-academic resources
they need to experience success in and outside of the
classroom.
Grant Stipulations:
Duration: 5 years with a chance to extend for 1
year if the entity can demonstrate significant improvement
across a number of performance metrics.
Eligible Entity: a high-need district in
partnership with a nonprofit or a college.
Match: 100 percent.
Priority: Entities that will--
Direct significant investment to high-quality
early childhood education; and
Provide schools with autonomy over staff,
school time, and budget.
Part H--Parent and Family Information Resource Centers
This committee bill continues support for parent and family
information resource centers (PFIRCs) but refocuses the centers
on providing support to SEAs in coordinating parent and family
engagement policies, in supporting the lowest-performing
districts as they engage parents and families, and in
coordinating the activities of other relevant Federal programs
and community-based organizations with SEAs and LEAs.
PFIRCs must set aside 30 percent of their funding to
support parent and family engagement activities for families
whose children attend early childhood education programs.
Grant Stipulations:
Duration: 5 years.
Eligible Entity: a high-need district in
partnership with a nonprofit or a college.
Match: 100 percent.
Priority: Entities that have a track record of
increasing and enhancing parent and family engagement for
children in high-need districts or who attend high-need
schools.
Part I--Ready-to-Learn Television (RTLT)
The committee bill continues to fund the Ready-to-Learn
Television (RTLT) program. RTLT funds grants exclusively to
public telecommunications entities to develop and distribute
educational video for preschool- and elementary school-aged
children and their parents, in an effort to increase student
academic achievement. The program is unchanged in this bill.
Part J--Programs of National Significance
The committee bill authorizes a new Programs of National
Significance grant program. The program will award competitive
grants to non-profit organizations to carry out certain
activities previously carried out with earmarks. The following
types of programs or entities would be able to compete for
funding under this program: Close Up; Civic education programs;
National Board for Professional Teaching Standards; Teach for
America; the National Writing Project; Reach Out and Read;
Reading Is Fundamental; VSA Arts; Javits Gifted and Talented
Program; and programs funded through the Women's Educational
Equity Act.
This part also allows grants for programs not previously
funded through earmarks, like programs that provide social,
emotional, and academic support to students from military
families.
Part K--Competency-Based Assessment and Accountability Demonstration
Authority
The Secretary may provide States or a consortium of States
with the authority to incorporate competency-based
accountability into the State accountability system. This will
allow States to create summative assessments that test for
higher order skills, critical thinking, problem solving, and
self-directed learning aligned with college- and career-ready
standards.
This authority is only available for 3 years and may only
be awarded to a maximum of three States or a consortium of
States.
TITLE V--PROMOTING INNOVATION
Part A--Race to the Top
The committee bill authorizes the Race to the Top
competitive grant program to provide incentives for
comprehensive reforms designed to lead to improved academic
achievement for all students.
The Secretary will design a competition that advances one
or more of the following critical priorities:
Increasing the access of children from low-income
families to highly rated teachers and school leaders;
Strengthening the availability and use of data to
improve instruction;
Implementing college- and career-ready academic
standards;
Turning around the priority and focus schools;
Creating successful conditions for the creation,
expansion, and replication of high-performing public charter
schools and autonomous schools that serve students from low-
income families;
Providing equitable resources to high-poverty
schools; and
Improving school readiness by increasing access to
high-quality early childhood education programs for children
from low-income families or creating an integrated system of
programs and services.
Grant stipulations:
Duration: No more than 4 years.
Eligible Entities: States, high-need districts, or
a consortium of either will be eligible to compete for funds.
Priority: Granted to:
Rural high-need school districts or a
consortium.
Grantees that offer full-day kindergarten, for
those grantees who offer early childhood education
programs and services.
Part B--Investing in Innovation
The committee bill authorizes the Investing in Innovation
Program (I3), which is designed to develop and replicate
promising programs in education. The program will expand the
implementation of, and investment in innovative practices with
a demonstrated impact on improving student achievement, closing
achievement gaps, increasing high school graduation rates,
improving teacher and school leader effectiveness, or improving
school readiness.
The Secretary may choose to reserve 30 percent of the funds
appropriated for I3 to fund ARPA-ED, modeled on the success of
the Advanced Research Projects Agency at the Department of
Defense. ARPA-ED will fund projects run by industry,
universities, or other innovative organizations. Projects will
be selected based on their potential to transform teaching and
learning.
Grant stipulations for I3 (not ARPA-ED):
Duration: No more than 3 years with a chance to
extend for another 2 if it can demonstrate progress in
improving student outcomes.
Standard of Evidence: Applicants must show that
their projects have a basis in evidence.
Eligible entities include:
School districts.
Non-profit in partnership with a district or a
consortium of districts.
Set-aside: There will be a 22 percent set-aside
for rural applicants.
Priority: Applicants who plan to--
Address the needs of high-need districts.
Improve school readiness through early
childhood education.
Address the learning needs of students with
disabilities.
Part C--Magnet Schools Assistance Program
The committee bill maintains the magnet schools program as
a competitive grant program with more emphasis on funding
whole-school magnet programs or models that have demonstrated
success in improving student academic achievement and reducing
minority group isolation.
Grant Stipulations:
Duration: No more than 3 years with a chance to
extend for another 2 if it can demonstrate progress in
improving student outcomes.
Eligible Entities include: Districts.
Priority: Applicants who:
Demonstrate the greatest need based on
expense/difficulty in running a program.
Support programs that have improved
achievement or a strong research basis.
Open their programs to students on the basis
of lottery instead of examination.
Serve the entire student population of a
school.
Part D--Public Charter Schools
Subpart 1--Successful Charter Schools Program
The committee bill continues the charter schools program
with a focus on improving the quality of the sector and
investing in proven models of success. The charter school
grants program will provide competitive grants to support the
creation, expansion, and replication of high-performing charter
schools. To ensure that limited Federal resources are targeted
to charter schools with a commitment to strong academic
results, the program requires high goals of student academic
achievement for all student subgroups, and meaningful community
outreach to parents and families. In addition, the redesigned
program:
Promotes strong performance-based authorizing
policies that are transparent and effective in closing down
unsuccessful schools;
Ensures quality control through performance-based
accountability; and
Ensures charter schools recruit and meet the needs
of students with disabilities and English learners.
Grant Stipulations:
Duration: No more than 3 years with a chance to
extend for another 2 if it can demonstrate progress in
improving student outcomes.
Eligible Entities include: States, districts,
charter school authorizers and nonprofit charter management
organizations.
Set-Aside: The program sets aside 15 percent for
charter school facilities.
Reservation: 25 percent of the charter school
grant funding will be distributed to States.
Priority: Applicants who will create, expand, or
replicate charters that serve low-income students.
Subpart 2--Charter School Facility Acquisition, Construction, and
Renovation
The committee bill continues support for the charter school
facilities program, which will support eligible entities to
improve access to facilities and facilities financing for high-
performing charter schools and assist them in addressing the
cost of acquiring, constructing, and renovating facilities.
Competitive grants will be made for innovative facilities
financing programs, including credit enhancement, open-
facilities-access programs, making available renovated or
adapted space, leveraging State and local facilities funding,
and State per-pupil facilities aid programs.
Grant Stipulations:
Duration: 5 years.
Eligible entities include: States, districts,
nonprofit organizations, State financing authorities, or a
consortium of such entities.
Reservation: At least 65 percent of the funds must
be expended for credit enhancement grants.
Part E--Voluntary Public School Choice
The Voluntary Public School Choice program currently
provides competitive grants to support the establishment or
expansion of inter- and intra-district public school choice. In
the committee bill, we continue the competitive program with
minor changes to improve quality, including expanding the
application requirements to ask grantees how activities
supported through the grant will lead to increased student
achievement and access to high-quality schools for students
attending the lowest-performing schools.
Grant Stipulations:
Duration: No more than 3 years with a chance to
extend for another 2 if it can demonstrate progress in
improving student outcomes.
Eligible Entities include: High-need districts
applying in partnership with a State or another district.
Priority: Applicants who will:
Expand or establish inter-district choice
programs for low-income students.
Establish or expand a program that will
increase diversity.
Part F--College Information Demonstration Program
This committee bill authorizes the Secretary to establish a
demonstration program that provides funding to high-need
schools to assess the effectiveness of providing college
awareness and application services and programs that will
increase the chances that students will: apply to college,
apply for financial aid, enroll in college, or receive
financial aid.
At a minimum the Secretary will provide school districts
that agree to participate in the demonstration with certain
information for their students, including: guidance on how to
apply to college and for financial aid, including availability
of different types of Federal and State aid and application
deadlines; information on the likely net cost of attending a
local college or a State flagship; information about college
application fee waivers.
TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION
Part A--Transferability
Current law allows up to 50 percent of non-administrative
funds for State-level activities under several programs in
titles II, IV, and V to be transferred to other programs in
those same titles. This bill provides increased flexibility by
allowing States to transfer their funds among all of the
formula grant programs in the bill and increases this
percentage to up to 100 percent; though, they cannot transfer
funds out of titles I or III because of the robust State
activities required under those formulas, such as implementing
accountability systems under each respective title.
This provision also allows districts to transfer up to 100
percent of the funds they receive through formula for
activities authorized under other formula programs. However, no
funds may be transferred out of formula programs designated for
particular student populations, which include titles I
(Disadvantaged), III (English learners), VII (Native Hawaiian/
Alaskan, Indian students), or VIII (Federally Impacted).
Part B--Rural Education Achievement Program
The committee bill continues support for the Rural
Education Achievement Program (REAP), which is designed to
address the unique challenges of rural schools. The program
provides supplemental funds and flexibility with uses of funds,
recognizing that formula grant amounts are often too small to
make a major impact in rural districts. REAP currently awards
two types of formula grants:
(1) The Small, Rural Schools Achievement (SRSA) Program,
which provides grants directly to eligible districts. Under
SRSA, there is a minimum and maximum grant amount that LEAs can
receive; the grant award amount is offset by the amount of
funds the LEA receives under other ESEA title funding.
(2) The Rural and Low Income Schools (RLIS) Program, which
provides grants to States, which then award subgrants to
districts.
The committee bill will continue REAP, with several key
changes.
The bill will update the locale codes used to
classify rural district to be consistent with those developed
by the U.S. Census Bureau and the National Center for Education
Statistics. The locale codes for REAP will be: 32, 33, 41, 42,
and 43.
Currently, if a district is eligible for both the
SRSA and RLIS programs, it must participate in only the SRSA
program. In this bill, dual-eligible districts will be able to
choose which program they would rather participate in.
Increase the minimum (from $20,000 to $25,000) and
maximum (from $60,000 to $80,000) grant sizes for SRSA.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A--Indian Education
Subpart 1--Formula Grants to Local Educational Agencies
Ninety-three percent of American Indians attend public
schools not affiliated with the schools run by the Bureau of
Indian Education (BIE) at the Department of the Interior. The
committee bill continues support for formula grants directly to
districts to help them improve the academic achievement of
Indian students by meeting their unique cultural, language, and
educational needs. The formula is based primarily on the number
of Indian children the district serves.
The bill changes eligibility criteria for the program to
allow for different organizations--specifically, community
organizations made-up of tribal leaders--to apply for grants in
the event that districts decide not to pursue formula grants
under this part. The bill also encourages activities that--
Support the restoration of Native American
languages.
Prevent violence, suicide, and substances abuse.
Incorporate culturally and linguistically
appropriate content into classroom instruction.
Provide access to high-quality early childhood
education programs.
Grant Stipulations:
Eligible Entities:
Districts who serve at least 10 Indian
students.
Indian Tribes (if districts do not apply).
Indian Community-Based Organizations (if
districts and tribes do not apply).
A consortium of the above.
Subpart 2--Special Programs and Projects to Improve Educational
Opportunities for Indian Children and Youth
The committee bill continues support for projects to
develop, test, and demonstrate effectiveness of programs and
services to improve the educational opportunities and
achievement of Indian students.
The bill enhances an existing focus on early childhood by
allowing grantees to support high-quality early childhood
education programs that are effective in preparing children to
be achieving at grade level by the end of elementary school.
Grant Stipulations:
Duration: 3 years with an opportunity to extend
for 2 additional years if the grantee meets objectives set by
the Secretary.
Eligible Entities: States, districts, tribes,
tribal organizations, tribal colleges, and BIE schools.
Subpart 3--National Activities
The committee bill establishes a new program requiring the
Secretary to award grants to States, districts, and Indian
entities to support Native American language programs and
Native American language restoration programs.
The bill also directs the Secretary to conduct a study to
improve the collaboration between States and districts, other
relevant State and local agencies, and Indian tribes in the
provision of services to Indian students.
Part B--Native Hawaiian Education; Alaska Native Education
Subpart 1--Native Hawaiian Education
The committee bill continues support for a consolidated
program of competitive grants to Native Hawaiian educational or
community-based organizations, or other public or private
nonprofit organizations with experience in operating Native
Hawaiian programs. Changes in the bill expand the allowable
uses of the grant to include the development of a statewide
system of early childhood education programs to support the
healthy development of Native Hawaiian children.
The committee bill also continues support for a Native
Hawaiian Education Council. Changes in the bill focus the
Native Hawaiian Education Council's efforts on addressing the
educational and workforce needs of Native Hawaiian students by
redesigning the composition of the Native Hawaiian Education
Council and refocusing its purpose to ensure proper
coordination of educational and related services and programs
available to Native Hawaiian students. The council will also
ensure that organizations that receive competitive grants under
this part are regularly evaluated based on objective,
quantifiable measures to determine effectiveness.
Subpart 2--Alaska Native Education
The committee bill continues support for programs to
support educational opportunity for Alaska Native students. The
bill adds maximizing Alaska Native participation in the
planning and management of Native Alaskan programs to the
purposes of Alaska Native Education grants. The bill
prioritizes Alaska Native organizations in the awarding of
grants and contracts. The bill also expands the list of
permissive activities under the grant to include a focus on
improving outcomes for at-risk students attending schools
operated by tribes. Further, application requirements have been
updated to promote accountable and meaningful partnerships with
Alaska Native organizations.
Grant Stipulations:
Duration:
Eligible Entities:
Alaska native organizations.
Entities with experience in development or
operating Alaska Native programs.
Cultural and community-based organizations.
A consortium of the above.
TITLE VIII--IMPACT AID
The committee bill continues to provide support for the
Impact Aid program. The Impact Aid program currently provides
payments to local educational agencies that are financially
disadvantaged by Federal land ownership (e.g. school districts
where large numbers of students live in non-taxable housing on
a military base). For local educational agencies impacted by
the Federal property in their districts, this program ensures
an equitable allocation of dollars by eliminating the
subjectivity caused by the requirement to determine the
``highest and best use'' of land. For local educational
agencies impacted by the federally connected children in their
districts, the bill addresses issues caused by the
privatization of military housing. The bill also makes changes
to foundation payments and the formula used when the program
cannot be fully funded. This program has historically been
behind in providing payments; this bill incorporates language
from a bill introduced by Senator Murray requiring the
Department of Education to pay the full amount due in a timely
fashion. Many of these changes were made in the 2012 National
Defense Authorization Act, but with a sunset of 2 years. This
bill makes the changes permanent.
TITLE IX--GENERAL PROVISIONS
Evaluation of Programs
In current law, the Secretary's evaluation authority for
programs, and the amount he could reserve for such evaluation,
was restricted either by title or by program. We have
consolidated the evaluation authority for each program into one
section giving the Secretary the authority to carry out high-
quality evaluations of all programs and related policies, with
a focus on rigorous impact evaluations where feasible and
appropriate. For this purpose, the bill reserves not less than
1, and not more than 3 percent, from all other programs (only 1
percent from title I).
Definitions
This title includes the general definitions for the Act.
Definitions of particular importance include: professional
growth and improvement system (teacher and principal evaluation
systems), young child (children aged birth to kindergarten),
professional development, expanded learning time, graduation
rate, highly qualified teacher, positive behavioral
interventions and supports, high-need school, and early
childhood education program.
Other Relevant Provisions
Other provisions include the authorization for the
Secretary to issue waivers, school prayer guidance, and the
unsafe school choice option. The unsafe school option allows
the family of a child who has been a victim of a crime in or on
the grounds of the school to choose to attend another school in
the same LEA.
TITLE X: COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR
PUBLIC SCHOOLS
This bill establishes a Commission on Effective Regulation
and Assessment Systems for Public Schools. The Commission will:
(1) examine the regulatory requirements on elementary and
secondary education at the Federal, State, and local levels;
(2) make recommendations on how to align and improve
requirements in such regulations; (3) examine the quality and
purpose of current requirements; and (4) make recommendations
to improve and align assessment systems to provide meaningful
information and improve student achievement, teacher
performance, and innovation.
TITLE XI--AMENDMENTS TO OTHER STATUTES
McKinney-Vento Homeless Assistance Program
The McKinney-Vento Act's Education for Homeless Children
and Youth (EHCY) program was created to remove the barriers to
education caused by homelessness. This bill improves the
program by reinforcing and expanding key provisions, including
school stability, enrollment, and support for academic
achievement. Specifically, this reauthorization:
Maintains the requirement for schools to keep
homeless children and youth in their original schools, unless
the parent, guardian, or unaccompanied youth wishes to change
schools, or unless an individualized, best-interest
determination by the school supports a change of schools;
Addresses credit-accrual problems, increases
access to credit-recovery opportunities, and supports the
provision of high-quality early care and education programs and
services to young homeless children;
Clarifies the law to help defray costs associated
with transporting homeless students to the school of origin;
Describes a clear and accessible dispute
resolution process for parents;
Ensures homeless students access the full range of
academic support opportunities offered by schools; and
Enhances school districts' ability to identify and
serve homeless children and youth by requiring professional
development, training, resources and time for homeless liaisons
so they can carry out the duties required by the Act.
VIII. Additional Views
Additional Views of Senators Alexander, Enzi, Burr, Isakson, Paul,
Hatch, Roberts, Murkowski, Kirk, and Scott
INTRODUCTION
Over the last decade, the U.S. Department of Education has
become so congested with Federal mandates that it has become,
in effect, a National school board. This congestion of mandates
is caused by three things: No Child Left Behind, Race to the
Top, and the Obama administration's unprecedented use of
waivers to impose on States new requirements not authorized in
law.
In 2001, Republicans and Democrats in Congress and
President George W. Bush worked together to enact a
reauthorization of the Elementary and Secondary Education Act
(ESEA) to improve our Nation's schools. They called it No Child
Left Behind (NCLB). The law responded to concerns that our
schools were not adequately preparing our young people for the
future, that many students were being ignored, and that
billions' of American taxpayer dollars were not producing good
results. Among many things, it imposed a complicated system for
deciding whether schools were succeeding or failing based on
State test results, sanctions for schools missing their
performance targets, and a requirement that each of our
Nation's 3.2 million teachers be ``highly qualified'' as
defined by Washington. The goal was laudable enough: All 50
million students in nearly 100,000 public schools were to be
proficient in reading and math by the end of the 2013-14 school
year. Unfortunately, NCLB inserted too many Washington rules
and regulations into matters that should have been left to
communities, parents, and classroom teachers.
No Child Left Behind has had some positive results. It has
helped create an environment in which many States have put in
place challenging standards in reading and math and are
conducting annual tests aligned with those standards. All
States are participating in the National Assessment of
Educational Progress--``the Nation's report card''--providing a
reliable audit of the rigor of States' standards and tests. The
law encouraged school choice and the growth of charter schools,
giving more parents the opportunity to choose the best school
for their child. Most importantly, States, local districts, and
schools are now reporting annually on student achievement
overall and for each subgroup of students based on race,
ethnicity, family income, English proficiency, and disability
status. As a result of this so-called ``disaggregation'' of
data, parents, State legislators, and governors are better able
to identify struggling schools and populations and are holding
their districts, schools, principals, and teachers accountable.
However, data from the last 10 years confirm that the
Federal mandates and regulations NCLB imposed upon local
schools have not worked as well as the law's authors had hoped.
Federal funding for programs under the Elementary and Secondary
Education Act increased by 64 percent between 2000 and 2012,
but insufficient progress was made toward the goal of universal
student proficiency in core academic subjects. NCLB armed
parents and policymakers with better data on which to base
their decisions, but its prescriptive Federal mandates have too
often hamstrung their ability to make the right decisions for
their schools. This experience makes it clear that local
schools cannot be fixed from Washington--only principals,
teachers, parents, and communities can improve their schools.
In 2009, President Obama and congressional Democrats
created the competitive grant program known as Race to the Top.
This program provided grants to States to pursue aggressive
education reforms such as raising standards, improving tests,
evaluating and rewarding outstanding teaching, and expanding
charter schools. Unfortunately, the Administration used the
program to essentially mandate that the 46 applicant States,
along with the District of Columbia, adopt the Common Core
State Standards in reading and math, federally defined
turnaround models for failing schools, and prescriptive teacher
and principal evaluation systems.
Congress's failure to fix NCLB has now allowed the
Administration to turn its waiver authority under Title IX of
ESEA--under which States may request relief from unworkable
Federal mandates--into a conditional process in which the U.S.
Secretary of Education dictates what States must do in order to
obtain that relief. To obtain a waiver today, States must
either adopt the Common Core standards in reading and math or
prove to the U.S. Department of Education's satisfaction that
their standards would prepare a high school graduate for
college or careers, accept new Federal definitions of how the
State should measure a school's performance, and develop
statewide teacher and principal evaluation systems that conform
to Federal regulations. The law does not give the Secretary the
authority to impose on States requirements that were developed
in the executive branch without congressional approval. Yet the
mandates in NCLB have become so dysfunctional that States are
effectively forced into the waiver process: 47 States plus the
District of Columbia have applied.
The latest developments in the Administration's waiver
policy are even more troubling. In August 2013, the Secretary
granted waivers to eight California school districts after
previously denying a waiver application from the State of
California itself, despite the fact that the law clearly States
that school districts seeking waivers must apply to the
Secretary through their States. This new policy threatens to
undermine the ability of States to pursue a coherent reform
agenda and is only the latest evidence of the Department of
Education having assumed for itself the role of national school
board.
STRENGTHENING AMERICA'S SCHOOLS ACT OF 2013
Instead of reversing the congestion of Federal mandates
that has built up over the past decade, the 1,150-page
Strengthening America's Schools Act of 2013 would not only
freeze these mandates in place, it would expand the Federal
role in elementary and secondary education. The committee-
passed bill suggests Congress and the Federal Government do not
trust parents, classroom teachers, school administrators, and
States to care about and educate their children. It reinforces
NCLB's mistaken notion that Washington must do it for them.
Although this bill eliminates NCLB's onerous Adequate
Yearly Progress mandate, it replaces it with an equally
unworkable regime requiring States to set prescriptive
performance goals that meet Federal requirements and must be
negotiated with Washington. It also would force States to
identify and fix more than 20 percent of public schools based
on federally defined measures of student performance and
growth, achievement gaps, and high school graduation rates.
Furthermore, this bill doubles down on the inflexible school
turnaround strategies that are mandated under Race to the Top
and the Administration's waiver program despite the absence of
research to support their effectiveness. We believe school
turnaround models cannot be so thoughtfully constructed from
Washington to respond to the unique circumstances facing
thousands of schools across the country. Any attempt to do so
will either be overly prescriptive or produce a lowest-common-
denominator compromise that forces local districts to engage in
a meaningless exercise in complying with Federal regulations.
This bill further micromanages States by requiring them to
receive Washington approval of their standards and measures of
student growth, prove to the U.S. Department of Education the
adequacy of their assessments, and force students with
disabilities to take tests that may be inappropriate. We
believe that these steps will only exacerbate concerns about
the federalization of what was initially a voluntary, State-led
effort to adopt common standards and assessments.
Under this bill, every one of our approximately 15,000
local school districts in the United States would be required
to implement the same federally defined approach to evaluating
teachers and principals, based in significant part on student
test scores and other prescribed elements. While we believe
that strong evaluation systems are an essential component of
education reform, the Federal Government should not mandate
these systems or define how they are to be developed and
implemented at the State or local level.
This bill purports to elevate the importance of teacher
effectiveness over the paper credentials that are the basis of
the current Federal definition of a ``Highly Qualified
Teacher.'' Yet it retains the Highly Qualified Teacher
requirements from NCLB for almost all new teachers, providing
only limited flexibility for teachers in rural schools. Under
this bill, even if a teacher is found to be highly effective
under a State or district evaluation system, that teacher would
still have to go through a complicated bureaucratic process in
order to demonstrate that they are ``highly qualified'' based
on State licensure requirements, education credentials, and
test results. There was no research evidence to support these
Federal requirements when they were first put in place under
NCLB, and there is none now. By continuing to include the
Highly Qualified Teacher provision in Federal law, this bill
would continue to keep many talented individuals from entering
the teaching profession.
While NCLB demonstrated that focused data collection and
reporting are important accountability tools, this bill adds
more than 150 new reporting elements, including, but not
limited to, school-level information on student pregnancy,
college remediation rates, incidents of student drug use,
detentions, suspensions, class size, and the salaries of inter-
scholastic athletic coaches. The Council of Chief State School
Officers estimates that the new reporting requirements in title
I of this bill alone would require States to collect, analyze,
and report almost 46,000 data elements annually. Aside from the
burden this would place on our Nation's schools, it is doubtful
that the U.S. Department of Education has the capacity to
analyze all this data or to use it constructively.
This bill recognizes a legitimate concern about the
inequitable distribution of Federal school funding,
particularly the formula under title I-A, which is intended to
distribute funds to the neediest students in low-income
schools. Due to a flaw known as the ``comparability loophole,''
the current formula often results in the money going to schools
serving less disadvantaged students. However, this bill seeks
to address this problem in the wrong way. Rather than improving
the flawed Federal title I-A formula to ensure that Federal
funds follow the poorest students to the schools they attend,
this bill seeks to micromanage how States and local districts
allocate their own State and local funds.
By requiring that ``comparability'' be demonstrated based
on district expenditures, this bill would cause dramatic
upheaval in our Nation's school finances and place a
substantial burden on States and local school districts.
According to the Council of Great City Schools, complying with
this provision would cost 63 of our Nation's large urban
districts $2 billion of their own dollars. This amounts to a
direct tax on our Nation's poorest communities and is one of
the starkest examples of how this bill moves towards
establishing a national school board. It seeks to leverage the
Federal Government's limited investment, which represents
approximately 10 percent of public school funding, to tell
local districts how they must allocate the 90 percent of
funding that comes from State and local sources. As the U.S.
Supreme Court explained in its 2012 decision, National
Federation of Independent Business v. Sebelius, which struck
down the expansion of Medicaid under the Patient Protection and
Affordable Care Act, such Federal policies amount to a ``gun to
the head'' that crosses the line between encouragement and
coercion and represents ``economic dragooning that leaves the
States with no real option but to acquiesce.''
In addition to further expanding the role and power of the
U.S. Department of Education, the Strengthening America's
Schools Act of 2013 fails to address the lack of return on the
American taxpayer's education investment and the dire condition
of the Federal purse. Rather than eliminating duplicative or
ineffective programs and providing more flexibility to States
and local school districts through program consolidation, this
bill creates 28 new programs and dedicates nearly 500 pages to
new competitive grant programs. Based on the President's budget
proposal and bills that other members have introduced to
authorize funding for these programs, these additions could
increase Federal spending under ESEA by $3 billion annually.
This would only divert limited Federal resources away from the
States, school districts, and schools that need it most.
Finally, this bill leaves the Secretary's waiver authority
virtually untouched. If enacted into law, it would provide no
relief to the 41 States and the District of Columbia with
waivers until those waivers expire. And the nine States without
waivers would have to implement most of the same Federal
mandates. While disguised as offering flexibility from the
requirements of NCLB, in reality this bill requires that all
States submit to the subjective judgments of unelected
bureaucrats and unaccountable peer review panels in Washington,
DC.
A BETTER SCHOOLS PLAN
Republican members of this committee offered and
unanimously supported a 220-page alternative proposal that
moves in a different direction--toward helping children learn
what they need to know by restoring responsibility to States
and communities and giving teachers and parents freedom,
flexibility, and choice. It is called the ``Every Child Ready
for College or Career Act.''
The Every Child Ready for College or Career Act emphasizes
State and local decisionmaking. It takes Washington out of the
business of deciding whether local schools are succeeding or
failing, freeing all schools from NCLB's Adequate Yearly
Progress mandate. Rather than Federal rules on how States and
local districts identify and fix public schools based on
performance measures and turnaround strategies defined by
Washington, this alternative proposal asks States to develop
their own systems to identify schools that need assistance in
meeting State-developed standards, as well as any other
performance measures determined by States, and asks local
districts to develop their own strategies for improving these
schools.
Instead of mandating that States adopt standards that
conform to a new Federal definition of ``college and career
ready,'' this proposal maintains the current requirement that
States have challenging academic standards and annual
assessments in reading, math, and science, including
alternative and modified standards and assessments for students
with disabilities. It prohibits the U.S. Secretary of Education
from specifying, defining, or prescribing the standards or
measures that States or school districts use to establish,
implement, or improve their standards and assessments. The
Secretary also may not require or coerce States or local
districts to adopt common standards, assessments, or
accountability systems.
This proposal recognizes that funding to local school
districts under Title I of ESEA has drifted from its intended
purpose of helping the poorest students and gives States the
option to let title I funds follow low-income children to the
public school they attend. In doing so it provides an
opportunity for States to address the formula flaw that often
diverts these funds to schools serving wealthier families. It
does not, however, impose a new mandate that would either force
involuntary teacher transfers or cause a dramatic upheaval in
how local schools are funded, as would occur under the
majority's bill. It also makes it easier for States to offer
low-income parents more choice in finding the right public
school for their children.
The Every Child Ready for College or Career Act eliminates
the Federal ``Highly Qualified Teacher'' requirement
altogether, restoring States' control over who is allowed to
teach in their schools. It encourages, but does not require,
States and local school districts to create teacher and
principal evaluation systems that relate teacher performance to
student achievement and other factors determined by the State,
by allowing them to use funds under Title II of ESEA for that
purpose. The Federal Teacher Incentive Fund grant program would
continue to support innovative teacher and principal
performance-based compensation programs.
Rather than allowing decisionmakers in Washington, DC, to
determine funding priorities, the Every Child Ready for College
or Career Act consolidates 62 existing programs authorized by
NCLB or funded by subsequent appropriations bills. It gives
those funds back to States and local school districts in the
form of two flexible and streamlined block grants to better
meet the unique and specific needs of students, as determined
at the local level. It also eliminates the current
``maintenance of effort'' requirement, giving States more
flexibility to decide where and when to make targeted
investments in education.
Finally, this alternative proposal preserves the original
intent of the waiver authority under title IX of the law. The
Secretary is authorized to waive portions of the law that
stifle State and local innovation, but that authority is
limited. The Every Child Ready for College or Career Act
specifies that States and local districts may submit
applications that will enable them to improve student academic
achievement. The Secretary may review those applications and
shall approve them with deference to State and local judgments
on the best way to do this. The Secretary may not, however, use
the waiver authority to become a national school board and
mandate performance targets, standards and assessments, growth
models, teacher and principal evaluations, or any other
conditions not already specified in the law. Furthermore, while
local school districts may individually or collectively apply
for waivers with the support of their State, the Secretary is
prohibited from circumventing the legal authority of States and
their governors when granting waiver requests.
CONCLUSION
The accumulation of Federal mandates over the past decade
has turned the U.S. Department of Education into a national
school board for our 100,000 public schools. Today, States must
come to Washington to get approval for their plans to improve
their schools, and unelected bureaucrats make decisions that
determine how 50 million students will be educated. This
unfortunate situation is partly attributable to the failure of
Congress to fix the problems with No Child Left Behind. It also
reflects this Administration's use of competitive grants and
waivers to coerce and impose restrictive mandates on States and
local districts.
The Democrats on this committee have offered a 1,150-page
plan that would not only maintain these mandates, but expand
them, by setting Federal performance targets, mandating common
standards and assessments, requiring federally defined teacher
and principal evaluation systems, creating 28 new programs and
150 new reporting requirements, and maintaining the Secretary
of Education's unchecked power to grant waivers based on
conditions not specified in the law. Their Strengthening
America's Schools Act of 2013 seeks to codify a range of
policies that have supplanted the judgment of governors,
legislators, school boards, teachers, and parents.
Committee Republicans offered instead a 220-page proposal
that emphasizes State and local decisionmaking. It gets
Washington out of the business of deciding whether local
schools are succeeding or failing, prohibits the U.S. Secretary
of Education from prescribing standards or accountability
systems for States, makes it easier for States to offer low-
income parents more choice in finding the right public school
for their children, encourages States and local districts to
create teacher and principal evaluation programs free of
Federal mandates, and offers more flexibility in spending
Federal education dollars, while cutting waste.
This is not a proposal just for Republicans. We believe
this proposal represents the views of governors leading the
charge for education reform, State legislators who are working
to improve their local schools, teachers who value the freedom
to teach, and parents who want the best education possible for
their children.
While the process and product of this committee markup was
decidedly partisan, with majority and minority members offering
fundamentally different views about the role of the Federal
Government in elementary and secondary education, Senate
Republicans are committed to moving forward on reauthorizing
ESEA and fixing NCLB.
We welcome an opportunity to have a full and vigorous
debate through regular order that enables the entire Senate to
participate in shaping this legislation. We look forward to
such a debate and hope that it leads to a product that frees
States, local school districts, teachers, parents, and students
from the outdated and unwarranted mandates of NCLB.
Lamar Alexander.
Michael B. Enzi.
Richard Burr.
Johnny Isakson.
Rand Paul.
Orrin Hatch.
Pat Roberts.
Lisa Murkowski.
Mark Kirk.
Tim Scott.
IX. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill as reported are shown as follows: Existing law
proposed to be omitted is enclosed in [black brackets], new
matter is printed in italic, existing law in which no change is
proposed is shown in roman:
* * * * * * *
Elementary and Secondary Education Act of 1965
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
[SEC. 2. TABLE OF CONTENTS.
[The table of contents for this Act is as follows:
[Sec. 1. Short title.
[Sec. 2. Table of contents.
[TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
[Sec. 1001. Statement of purpose.
[Sec. 1002. Authorization of appropriations.
[Sec. 1003. School improvement.
[Sec. 1004. State administration.
[Part A--Improving Basic Programs Operated by Local Educational Agencies
[Subpart 1--Basic Program Requirements
[Sec. 1111. State plans.
[Sec. 1112. Local educational agency plans.
[Sec. 1113. Eligible school attendance areas.
[Sec. 1114. Schoolwide programs.
[Sec. 1115. Targeted assistance schools.
[Sec. 1116. Academic assessment and local educational agency and school
improvement.
[Sec. 1117. School support and recognition.
[Sec. 1118. Parental involvement.
[Sec. 1119. Qualifications for teachers and paraprofessionals.
[Sec. 1120. Participation of children enrolled in private schools.
[Sec. 1120A. Fiscal requirements.
[Sec. 1120B. Coordination requirements.
[Subpart 2--Allocations
[Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
[Sec. 1122. Allocations to States.
[Sec. 1124. Basic grants to local educational agencies.
[Sec. 1124A. Concentration grants to local educational agencies.
[Sec. 1125. Targeted grants to local educational agencies.
[Sec. 1125AA. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after fiscal year 2001.
[Sec. 1125A. Education finance incentive grant program.
[Sec. 1126. Special allocation procedures.
[Sec. 1127. Carryover and waiver.
[Part B--Student Reading Skills Improvement Grants
[Subpart 1--Reading First
[Sec. 1201. Purposes.
[Sec. 1202. Formula grants to State educational agencies.
[Sec. 1203. State formula grant applications.
[Sec. 1204. Targeted assistance grants.
[Sec. 1205. External evaluation.
[Sec. 1206. National activities.
[Sec. 1207. Information dissemination.
[Sec. 1208. Definitions.
[Subpart 2--Early Reading First
[Sec. 1221. Purposes; definitions.
[Sec. 1222. Local Early Reading First grants.
[Sec. 1223. Federal administration.
[Sec. 1224. Information dissemination.
[Sec. 1225. Reporting requirements.
[Sec. 1226. Evaluation.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs
[Sec. 1231. Statement of purpose.
[Sec. 1232. Program authorized.
[Sec. 1233. State educational agency programs.
[Sec. 1234. Uses of funds.
[Sec. 1235. Program elements.
[Sec. 1236. Eligible participants.
[Sec. 1237. Applications.
[Sec. 1238. Award of subgrants.
[Sec. 1239. Evaluation.
[Sec. 1240. Indicators of program quality.
[Sec. 1241. Research.
[Sec. 1242. Construction.
[Subpart 4--Improving Literacy Through School Libraries
[Sec. 1251. Improving literacy through school libraries.
[Part C--Education of Migratory Children
[Sec. 1301. Program purpose.
[Sec. 1302. Program authorized.
[Sec. 1303. State allocations.
[Sec. 1304. State applications; services.
[Sec. 1305. Secretarial approval; peer review.
[Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
[Sec. 1307. Bypass.
[Sec. 1308. Coordination of migrant education activities.
[Sec. 1309. Definitions.
[Part D--Prevention and Intervention Programs for Children and Youth who
are Neglected, Delinquent, or At-risk
[Sec. 1401. Purpose and program authorization.
[Sec. 1402. Payments for programs under this part.
[Subpart 1--State Agency Programs
[Sec. 1411. Eligibility.
[Sec. 1412. Allocation of funds.
[Sec. 1413. State reallocation of funds.
[Sec. 1414. State plan and State agency applications.
[Sec. 1415. Use of funds.
[Sec. 1416. Institution-wide projects.
[Sec. 1417. Three-year programs or projects.
[Sec. 1418. Transition services.
[Sec. 1419. Evaluation; technical assistance; annual model program.
[Subpart 2--Local Agency Programs
[Sec. 1421. Purpose.
[Sec. 1422. Programs operated by local educational agencies.
[Sec. 1423. Local educational agency applications.
[Sec. 1424. Uses of funds.
[Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
[Sec. 1426. Accountability.
[Subpart 3--General Provisions
[Sec. 1431. Program evaluations.
[Sec. 1432. Definitions.
[Part E--National Assessment of Title I
[Sec. 1501. Evaluations.
[Sec. 1502. Demonstrations of innovative practices.
[Sec. 1503. Assessment evaluation.
[Sec. 1504. Close Up fellowship program.
[Part F--Comprehensive School Reform
[Sec. 1601. Purpose.
[Sec. 1602. Program authorization.
[Sec. 1603. State applications.
[Sec. 1604. State use of funds.
[Sec. 1605. Local applications.
[Sec. 1606. Local use of funds.
[Sec. 1607. Evaluation and reports.
[Sec. 1608. Quality initiatives.
[Part G--Advanced Placement Programs
[Sec. 1701. Short title.
[Sec. 1702. Purposes.
[Sec. 1703. Funding distribution rule.
[Sec. 1704. Advanced placement test fee program.
[Sec. 1705. Advanced placement incentive program grants.
[Sec. 1706. Supplement, not supplant.
[Sec. 1707. Definitions.
[Part H--School Dropout Prevention
[Sec. 1801. Short title.
[Sec. 1802. Purpose.
[Sec. 1803. Authorization of appropriations.
[Subpart 1--Coordinated National Strategy
[Sec. 1811. National activities.
[Subpart 2--School Dropout Prevention Initiative
[Sec. 1821. Definitions.
[Sec. 1822. Program authorized.
[Sec. 1823. Applications.
[Sec. 1824. State reservation.
[Sec. 1825. Strategies and capacity building.
[Sec. 1826. Selection of local educational agencies for subgrants.
[Sec. 1827. Community based organizations.
[Sec. 1828. Technical assistance.
[Sec. 1829. School dropout rate calculation.
[Sec. 1830. Reporting and accountability.
[Part I--General Provisions
[Sec. 1901. Federal regulations.
[Sec. 1902. Agreements and records.
[Sec. 1903. State administration.
[Sec. 1904. Local educational agency spending audits.
[Sec. 1905. Prohibition against Federal mandates, direction, or control.
[Sec. 1906. Rule of construction on equalized spending.
[Sec. 1907. State report on dropout data.
[Sec. 1908. Regulations for sections 1111 and 1116.
[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND
PRINCIPALS
[Part A--Teacher and Principal Training and Recruiting Fund
[Sec. 2101. Purpose.
[Sec. 2102. Definitions.
[Sec. 2103. Authorizations of appropriations.
[Subpart 1--Grants to States
[Sec. 2111. Allotments to States.
[Sec. 2112. State applications.
[Sec. 2113. State use of funds.
[Subpart 2--Subgrants to Local Educational Agencies
[Sec. 2121. Allocations to local educational agencies.
[Sec. 2122. Local applications and needs assessment.
[Sec. 2123. Local use of funds.
[Subpart 3--Subgrants to Eligible Partnerships
[Sec. 2131. Definitions.
[Sec. 2132. Subgrants.
[Sec. 2133. Applications.
[Sec. 2134. Use of funds.
[Subpart 4--Accountability
[Sec. 2141. Technical assistance and accountability.
[Subpart 5--National Activities
[Sec. 2151. National activities of demonstrated effectiveness.
[Part B--Mathematics and Science Partnerships
[Sec. 2201. Purpose; definitions.
[Sec. 2202. Grants for mathematics and science partnerships.
[Sec. 2203. Authorization of appropriations.
[Part C--Innovation for Teacher Quality
[Subpart 1--Transitions to Teaching
[[Chapter A (relating to Troops-To-Teachers Program) was repealed by
section 541(d) of division A of Public Law 112-239.]
[CHAPTER B--TRANSITION TO TEACHING PROGRAM
[Sec. 2311. Purposes.
[Sec. 2312. Definitions.
[Sec. 2313. Grant program.
[Sec. 2314. Evaluation and accountability for recruiting and retaining
teachers.
[CHAPTER C--GENERAL PROVISIONS
[Sec. 2321. Authorization of appropriations.
[Subpart 2--National Writing Project
[Sec. 2331. Purposes.
[Sec. 2332. National Writing Project.
[Subpart 3--Civic Education
[Sec. 2341. Short title.
[Sec. 2342. Purpose.
[Sec. 2343. General authority.
[Sec. 2344. We the People program.
[Sec. 2345. Cooperative civic education and economic education exchange
programs.
[Sec. 2346. Authorization of appropriations.
[Subpart 4--Teaching of Traditional American History
[Sec. 2351. Establishment of program.
[Sec. 2352. Authorization of appropriations.
[Subpart 5--Teacher Liability Protection
[Sec. 2361. Short title.
[Sec. 2362. Purpose.
[Sec. 2363. Definitions.
[Sec. 2364. Applicability.
[Sec. 2365. Preemption and election of State nonapplicability.
[Sec. 2366. Limitation on liability for teachers.
[Sec. 2367. Allocation of responsibility for noneconomic loss.
[Sec. 2368. Effective date.
[Part D--Enhancing Education Through Technology
[Sec. 2401. Short title.
[Sec. 2402. Purposes and goals.
[Sec. 2403. Definitions.
[Sec. 2404. Authorization of appropriations.
[Subpart 1--State and Local Technology Grants
[Sec. 2411. Allotment and reallotment.
[Sec. 2412. Use of allotment by State.
[Sec. 2413. State applications.
[Sec. 2414. Local applications.
[Sec. 2415. State activities.
[Sec. 2416. Local activities.
[Subpart 2--National Technology Activities
[Sec. 2421. National activities.
[Sec. 2422. National education technology plan.
[Subpart 3--Ready-to-Learn Television
[Sec. 2431. Ready-to-Learn Television.
[Subpart 4--Limitation on Availability of Certain Funds for Schools
[Sec. 2441. Internet safety.
[TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
[Sec. 3001. Authorizations of appropriations; condition on effectiveness
of parts.
[Part A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act
[Sec. 3101. Short title.
[Sec. 3102. Purposes.
[Subpart 1--Grants and Subgrants for English Language Acquisition and
Language Enhancement
[Sec. 3111. Formula grants to States.
[Sec. 3112. Native American and Alaska Native children in school.
[Sec. 3113. State and specially qualified agency plans.
[Sec. 3114. Within-State allocations.
[Sec. 3115. Subgrants to eligible entities.
[Sec. 3116. Local plans.
[Subpart 2--Accountability and Administration
[Sec. 3121. Evaluations.
[Sec. 3122. Achievement objectives and accountability.
[Sec. 3123. Reporting requirements.
[Sec. 3124. Coordination with related programs.
[Sec. 3125. Rules of construction.
[Sec. 3126. Legal authority under State law.
[Sec. 3127. Civil rights.
[Sec. 3128. Programs for Native Americans and Puerto Rico.
[Sec. 3129. Prohibition.
[Subpart 3--National Activities
[Sec. 3131. National professional development project.
[Subpart 4--Definitions
[Sec. 3141. Eligible entity.
[Part B--Improving Language Instruction Educational Programs
[Sec. 3201. Short title.
[Sec. 3202. Purpose.
[Sec. 3203. Native American children in school.
[Sec. 3204. Residents of the territories and freely associated states.
[Subpart 1--Program Development and Enhancement
[Sec. 3211. Financial assistance for language instruction educational
programs.
[Sec. 3212. Program enhancement activities.
[Sec. 3213. Comprehensive school and systemwide improvement activities.
[Sec. 3214. Applications.
[Sec. 3215. Capacity building.
[Sec. 3216. Programs for Native Americans and Puerto Rico.
[Sec. 3217. Evaluations.
[Sec. 3218. Construction.
[Subpart 2--Research, Evaluation, and Dissemination
[Sec. 3221. Authority.
[Sec. 3222. Research.
[Sec. 3223. Academic excellence awards.
[Sec. 3224. State grant program.
[Sec. 3225. Instruction materials development.
[Subpart 3--Professional Development
[Sec. 3231. Professional development grants.
[Subpart 4--Emergency Immigrant Education Program
[Sec. 3241. Purpose.
[Sec. 3242. State administrative costs.
[Sec. 3243. Withholding.
[Sec. 3244. State allotments.
[Sec. 3245. State applications.
[Sec. 3246. Administrative provisions.
[Sec. 3247. Uses of funds.
[Sec. 3248. Reports.
[Subpart 5--Administration
[Sec. 3251. Release time.
[Sec. 3252. Notification.
[Sec. 3253. Coordination and reporting requirements.
[Part C--General Provisions
[Sec. 3301. Definitions.
[Sec. 3302. Parental notification.
[Sec. 3303. National Clearinghouse.
[Sec. 3304. Regulations.
[TITLE IV--21ST CENTURY SCHOOLS
[Part A--Safe and Drug-Free Schools and Communities
[Sec. 4001. Short title.
[Sec. 4002. Purpose.
[Sec. 4003. Authorization of appropriations.
[Subpart 1--State Grants
[Sec. 4111. Reservations and allotments.
[Sec. 4112. Reservation of State funds for safe and drug-free schools.
[Sec. 4113. State application.
[Sec. 4114. Local educational agency program.
[Sec. 4115. Authorized activities.
[Sec. 4116. Reporting.
[Sec. 4117. Programs for Native Hawaiians.
[Subpart 2--National Programs
[Sec. 4121. Federal activities.
[Sec. 4122. Impact evaluation.
[Sec. 4123. Hate crime prevention.
[Sec. 4124. Safe and Drug-Free Schools and Communities Advisory
Committee.
[Sec. 4125. National coordinator program.
[Sec. 4126. Community service grant program.
[Sec. 4127. School Security Technology and Resource Center.
[Sec. 4128. National Center for School and Youth Safety.
[Sec. 4129. Grants to reduce alcohol abuse.
[Sec. 4130. Mentoring programs.
[Subpart 3--Gun Possession
[Sec. 4141. Gun-free requirements.
[Subpart 4--General Provisions
[Sec. 4151. Definitions.
[Sec. 4152. Message and materials.
[Sec. 4153. Parental consent.
[Sec. 4154. Prohibited uses of funds.
[Sec. 4155. Transfer of school disciplinary records.
[Part B--21st Century Community Learning Centers
[Sec. 4201. Purpose; definitions.
[Sec. 4202. Allotments to States.
[Sec. 4203. State application.
[Sec. 4204. Local competitive grant program.
[Sec. 4205. Local activities.
[Sec. 4206. Authorization of appropriations.
[Part C--Environmental Tobacco Smoke
[Sec. 4301. Short title.
[Sec. 4302. Definitions.
[Sec. 4303. Nonsmoking policy for children's services.
[Sec. 4304. Preemption.
[TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
[Part A--Innovative Programs
[Sec. 5101. Purposes, State and local responsibility.
[Subpart 1--State and Local Programs
[Sec. 5111. Allotment to States.
[Sec. 5112. Allocation to local educational agencies.
[Subpart 2--State Programs
[Sec. 5121. State uses of funds.
[Sec. 5122. State applications.
[Subpart 3--Local Innovative Education Programs
[Sec. 5131. Local uses of funds.
[Sec. 5132. Administrative authority.
[Sec. 5133. Local applications.
[Subpart 4--General Provisions
[Sec. 5141. Maintenance of effort.
[Sec. 5142. Participation of children enrolled in private schools.
[Sec. 5143. Federal administration.
[Sec. 5144. Supplement, not supplant.
[Sec. 5145. Definitions.
[Sec. 5146. Authorization of appropriations.
[Part B--Public Charter Schools
[Subpart 1--Charter School Programs
[Sec. 5201. Purpose.
[Sec. 5202. Program authorized.
[Sec. 5203. Applications.
[Sec. 5204. Administration.
[Sec. 5205. National activities.
[Sec. 5206. Federal formula allocation during first year and for
successive enrollment expansions.
[Sec. 5207. Solicitation of input from charter school operators.
[Sec. 5208. Records transfer.
[Sec. 5209. Paperwork reduction.
[Sec. 5210. Definitions.
[Sec. 5211. Authorization of appropriations.
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation
[Sec. 5221. Purpose.
[Sec. 5222. Grants to eligible entities.
[Sec. 5223. Applications.
[Sec. 5224. Charter school objectives.
[Sec. 5225. Reserve account.
[Sec. 5226. Limitation on administrative costs.
[Sec. 5227. Audits and reports.
[Sec. 5228. No full faith and credit for grantee obligations.
[Sec. 5229. Recovery of funds.
[Sec. 5230. Definitions.
[Sec. 5231. Authorization of appropriations.
[Subpart 3--Voluntary Public School Choice Programs
[Sec. 5241. Grants.
[Sec. 5242. Uses of funds.
[Sec. 5243. Applications.
[Sec. 5244. Priorities.
[Sec. 5245. Requirements and voluntary participation.
[Sec. 5246. Evaluations.
[Sec. 5247. Definitions.
[Sec. 5248. Authorization of appropriations.
[Part C--Magnet Schools Assistance
[Sec. 5301. Findings and purpose.
[Sec. 5302. Definition.
[Sec. 5303. Program authorized.
[Sec. 5304. Eligibility.
[Sec. 5305. Applications and requirements.
[Sec. 5306. Priority.
[Sec. 5307. Use of funds.
[Sec. 5308. Prohibition.
[Sec. 5309. Limitations.
[Sec. 5310. Evaluations.
[Sec. 5311. Authorization of appropriations; reservation.
[Part D--Fund for the Improvement of Education
[Sec. 5401. Authorization of appropriations.
[Subpart 1--Fund for the Improvement of Education
[Sec. 5411. Programs authorized.
[Sec. 5412. Applications.
[Sec. 5413. Program requirements.
[Sec. 5414. Studies of national significance.
[Subpart 2--Elementary and Secondary School Counseling Programs
[Sec. 5421. Elementary and secondary school counseling programs.
[Subpart 3--Partnerships in Character Education
[Sec. 5431. Partnerships in Character Education program.
[Subpart 4--Smaller Learning Communities
[Sec. 5441. Smaller learning communities.
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program
[Sec. 5451. Inexpensive book distribution program for reading
motivation.
[Subpart 6--Gifted and Talented Students
[Sec. 5461. Short title.
[Sec. 5462. Purpose.
[Sec. 5463. Rule of construction.
[Sec. 5464. Authorized programs.
[Sec. 5465. Program priorities.
[Sec. 5466. General provisions.
[Subpart 7--Star Schools Program
[Sec. 5471. Short title.
[Sec. 5472. Purposes.
[Sec. 5473. Grant program authorized.
[Sec. 5474. Applications.
[Sec. 5475. Other grant assistance.
[Sec. 5476. Administrative provisions.
[Sec. 5477. Definitions.
[Subpart 8--Ready to Teach
[Sec. 5481. Grants.
[Sec. 5482. Application required.
[Sec. 5483. Reports and evaluation.
[Sec. 5484. Digital educational programming grants.
[Sec. 5485. Administrative costs.
[Subpart 9--Foreign Language Assistance Program
[Sec. 5491. Short title.
[Sec. 5492. Program authorized.
[Sec. 5493. Applications.
[Sec. 5494. Elementary school foreign language incentive program.
[Subpart 10--Physical Education
[Sec. 5501. Short title.
[Sec. 5502. Purpose.
[Sec. 5503. Program authorized.
[Sec. 5504. Applications.
[Sec. 5505. Requirements.
[Sec. 5506. Administrative provisions.
[Sec. 5507. Supplement, not supplant.
[Subpart 11--Community Technology Centers
[Sec. 5511. Purpose and program authorization.
[Sec. 5512. Eligibility and application requirements.
[Sec. 5513. Uses of funds.
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts
[Sec. 5521. Short title.
[Sec. 5522. Findings and purposes.
[Sec. 5523. Program authorization.
[Sec. 5524. Administrative provisions.
[Sec. 5525. Availability of funds.
[Sec. 5526. Definitions.
[Subpart 13--Excellence in Economic Education
[Sec. 5531. Short title.
[Sec. 5532. Purpose and goals.
[Sec. 5533. Grant program authorized.
[Sec. 5534. Applications.
[Sec. 5535. Requirements.
[Sec. 5536. Administrative provisions.
[Sec. 5537. Supplement, not supplant.
[Subpart 14--Grants to Improve the Mental Health of Children
[Sec. 5541. Grants for the integration of schools and mental health
systems.
[Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
[Subpart 15--Arts in Education
[Sec. 5551. Assistance for arts education.
[Subpart 16--Parental Assistance and Local Family Information Centers
[Sec. 5561. Purposes.
[Sec. 5562. Grants authorized.
[Sec. 5563. Applications.
[Sec. 5564. Uses of funds.
[Sec. 5565. Administrative provisions.
[Sec. 5566. Local family information centers.
[Subpart 17--Combatting Domestic Violence
[Sec. 5571. Grants to combat the impact of experiencing or witnessing
domestic violence on elementary and secondary school children.
[Subpart 18--Healthy, High-Performance Schools
[Sec. 5581. Grant program authorized.
[Sec. 5582. State uses of funds.
[Sec. 5583. Local uses of funds.
[Sec. 5584. Report to Congress.
[Sec. 5585. Limitations.
[Sec. 5586. Healthy, high-performance school building defined.
[Subpart 19--Grants for Capital Expenses of Providing Equitable Services
for Private School Students
[Sec. 5591. Grant program authorized.
[Sec. 5592. Uses of funds.
[Sec. 5593. Allotments to States.
[Sec. 5594. Subgrants to local educational agencies.
[Sec. 5595. Capital expenses defined.
[Sec. 5596. Termination.
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition
[Sec. 5601. Reservation.
[Sec. 5602. Eligibility.
[Sec. 5603. Maximum amount.
[Subpart 21--Women's Educational Equity Act
[Sec. 5611. Short title and findings.
[Sec. 5612. Statement of purpose.
[Sec. 5613. Programs authorized.
[Sec. 5614. Applications.
[Sec. 5615. Criteria and priorities.
[Sec. 5616. Report.
[Sec. 5617. Administration.
[Sec. 5618. Amount.
[TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
[Part A--Improving Academic Achievement
[Subpart 1--Accountability
[Sec. 6111. Grants for State assessments and related activities.
[Sec. 6112. Grants for enhanced assessment instruments.
[Sec. 6113. Funding.
[Subpart 2--Funding Transferability for State and Local Educational
Agencies
[Sec. 6121. Short title.
[Sec. 6122. Purpose.
[Sec. 6123. Transferability of funds.
[Subpart 3--State and Local Flexibility Demonstration
[Sec. 6131. Short title.
[Sec. 6132. Purpose.
[Sec. 6133. General provision.
[CHAPTER A--STATE FLEXIBILITY AUTHORITY
[Sec. 6141. State flexibility.
[Sec. 6142. Consolidation and use of funds.
[Sec. 6143. Performance review and penalties.
[Sec. 6144. Renewal of grant of flexibility authority.
[CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION
[Sec. 6151. Local flexibility demonstration agreements.
[Sec. 6152. Consolidation and use of funds.
[Sec. 6153. Limitations on administrative expenditures.
[Sec. 6154. Performance review and penalties.
[Sec. 6155. Renewal of local flexibility demonstration agreement.
[Sec. 6156. Reports.
[Subpart 4--State Accountability for Adequate Yearly Progress
[Sec. 6161. Accountability for adequate yearly progress.
[Sec. 6162. Peer review.
[Sec. 6163. Technical assistance.
[Sec. 6164. Report to Congress.
[Part B--Rural Education Initiative
[Sec. 6201. Short title.
[Sec. 6202. Purpose.
[Subpart 1--Small, Rural School Achievement Program
[Sec. 6211. Use of applicable funding.
[Sec. 6212. Grant program authorized.
[Sec. 6213. Accountability.
[Subpart 2--Rural and Low-Income School Program
[Sec. 6221. Program authorized.
[Sec. 6222. Uses of funds.
[Sec. 6223. Applications.
[Sec. 6224. Accountability.
[Subpart 3--General Provisions
[Sec. 6231. Annual average daily attendance determination.
[Sec. 6232. Supplement, not supplant.
[Sec. 6233. Rule of construction.
[Sec. 6234. orization of appropriations.
[Part C--General Provisions
[Sec. 6301. Prohibition against Federal mandates, direction, or control.
[Sec. 6302. Rule of construction on equalized spending.
[TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
[Part A--Indian Education
[Sec. 7101. Statement of policy.
[Sec. 7102. Purpose.
[Subpart 1--Formula Grants to Local Educational Agencies
[Sec. 7111. Purpose.
[Sec. 7112. Grants to local educational agencies and tribes.
[Sec. 7113. Amount of grants.
[Sec. 7114. Applications.
[Sec. 7115. Authorized services and activities.
[Sec. 7116. Integration of services authorized.
[Sec. 7117. Student eligibility forms.
[Sec. 7118. Payments.
[Sec. 7119. State educational agency review.
[Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
[Sec. 7121. Improvement of educational opportunities for Indian
children.
[Sec. 7122. Professional development for teachers and education
professionals.
[Subpart 3--National Activities
[Sec. 7131. National research activities.
[Sec. 7132. In-service training for teachers of Indian children.
[Sec. 7133. Fellowships for Indian students.
[Sec. 7134. Gifted and talented Indian students.
[Sec. 7135. Grants to tribes for education administrative planning and
development.
[Sec. 7136. Improvement of educational opportunities for adult Indians.
[Subpart 4--Federal Administration
[Sec. 7141. National Advisory Council on Indian Education.
[Sec. 7142. Peer review.
[Sec. 7143. Preference for Indian applicants.
[Sec. 7144. Minimum grant criteria.
[Subpart 5--Definitions; Authorizations of Appropriations
[Sec. 7151. Definitions.
[Sec. 7152. Authorizations of appropriations.
[Part B--Native Hawaiian Education
[Sec. 7201. Short title.
[Sec. 7202. Findings.
[Sec. 7203. Purposes.
[Sec. 7204. Native Hawaiian Education Council and island councils.
[Sec. 7205. Program authorized.
[Sec. 7206. Administrative provisions.
[Sec. 7207. Definitions.
[Part C--Aalaska Native Education
[Sec. 7301. Short title.
[Sec. 7302. Findings.
[Sec. 7303. Purposes.
[Sec. 7304. Program authorized.
[Sec. 7305. Administrative provisions.
[Sec. 7306. Definitions.
[TITLE VIII--IMPACT AID
[Sec. 8001. Purpose.
[Sec. 8002. Payments relating to Federal acquisition of real property.
[Sec. 8003. Payments for eligible federally connected children.
[Sec. 8004. Policies and procedures relating to children residing on
Indian lands.
[Sec. 8005. Application for payments under sections 8002 and 8003.
[Sec. 8007. Construction.
[Sec. 8008. Facilities.
[Sec. 8009. State consideration of payments in providing State aid.
[Sec. 8010. Federal administration.
[Sec. 8011. Administrative hearings and judicial review.
[Sec. 8012. Forgiveness of overpayments.
[Sec. 8013. Definitions.
[Sec. 8014. Authorization of appropriations.
[TITLE IX--GENERAL PROVISIONS
[Part A--Definitions
[Sec. 9101. Definitions.
[Sec. 9102. Applicability of title.
[Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.
[Part B--Flexibility in the use of Administrative and Other Funds
[Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
[Sec. 9202. Single local educational agency States.
[Sec. 9203. Consolidation of funds for local administration.
[Sec. 9204. Consolidated set-aside for Department of the Interior funds.
[Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
[Sec. 9301. Purpose.
[Sec. 9302. Optional consolidated State plans or applications.
[Sec. 9303. Consolidated reporting.
[Sec. 9304. General applicability of State educational agency
assurances.
[Sec. 9305. Consolidated local plans or applications.
[Sec. 9306. Other general assurances.
[Part D--Waivers
[Sec. 9401. Waivers of statutory and regulatory requirements.
[Part E--Uniform Provisions
[Subpart 1--Private Schools
[Sec. 9501. Participation by private school children and teachers.
[Sec. 9502. Standards for by-pass.
[Sec. 9503. Complaint process for participation of private school
children.
[Sec. 9504. By-pass determination process.
[Sec. 9505. Prohibition against funds for religious worship or
instruction.
[Sec. 9506. Private, religious, and home schools.
[Subpart 2--Other Provisions
[Sec. 9521. Maintenance of effort.
[Sec. 9522. Prohibition regarding State aid.
[Sec. 9523. Privacy of assessment results.
[Sec. 9524. School prayer.
[Sec. 9525. Equal access to public school facilities.
[Sec. 9526. General prohibitions.
[Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
[Sec. 9528. Armed Forces recruiter access to students and student
recruiting information.
[Sec. 9529. Prohibition on federally sponsored testing.
[Sec. 9530. Limitations on national testing or certification for
teachers.
[Sec. 9531. Prohibition on nationwide database.
[Sec. 9532. Unsafe school choice option.
[Sec. 9533. Prohibition on discrimination.
[Sec. 9534. Civil rights.
[Sec. 9535. Rulemaking.
[Sec. 9536. Severability.
[Part F--Evaluations
[Sec. 9601. Evaluations.]
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Authorization of appropriations.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 1001. Purpose.
Sec. 1002. State administration and State accountability and support.
Part A--Improving Basic Programs Operated by Local Educational Agencies
subpart 1--basic program requirements
Sec. 1111. State and local requirements.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. School performance.
Sec. 1117. Qualifications for teachers and paraprofessionals.
Sec. 1118. Parent and family engagement.
Sec. 1119. Participation of children enrolled in private schools.
Sec. 1120. Fiscal requirements.
Sec. 1120A. Coordination requirements.
subpart 2--allocations
Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after
fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
subpart 3--blue ribbon schools; centers of excellence in early
childhood; green ribbon schools
Sec. 1131. Blue ribbon schools.
Sec. 1132. Centers of excellence in early childhood.
Sec. 1133. Green ribbon schools.
subpart 4--grants for state assessments and related activities
Sec. 1141. Grants for State assessments and related activities.
Part B--Pathways to College
subpart 1--improving secondary schools
Sec. 1201. Secondary school reform.
subpart 2--accelerated learning
Sec. 1221. Purposes.
Sec. 1222. Funding distribution rule.
Sec. 1223. Advanced Placement and International Baccalaureate
examination fee program.
Sec. 1224. Advanced Placement and International Baccalaureate incentive
program grants.
Sec. 1225. Supplement, not supplant.
Sec. 1226. Definitions.
Part C--Education of Migratory Children
Sec. 1301. Program purpose.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
Sec. 1307. Bypass.
Sec. 1308. National activities.
Sec. 1309. Performance data.
Sec. 1310. Evaluation and study.
Sec. 1311. State assistance in determining number of migratory
children.
Sec. 1312. Definitions.
Part D--Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or At-risk
Sec. 1401. Purpose and program authorization.
Sec. 1402. Payments for programs under this part.
subpart 1--state agency programs
Sec. 1411. Eligibility.
Sec. 1412. Allocation of funds.
Sec. 1413. State reallocation of funds.
Sec. 1414. State plan and State agency applications.
Sec. 1415. Use of funds.
Sec. 1416. Institution-wide projects.
Sec. 1417. Three-year programs or projects.
Sec. 1418. Transition services.
Sec. 1419. Program evaluation.
subpart 2--local agency programs
Sec. 1421. Purpose.
Sec. 1422. Programs operated by local educational agencies.
Sec. 1423. Local educational agency applications.
Sec. 1424. Uses of funds.
Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
Sec. 1426. Accountability.
subpart 3--general provisions
Sec. 1431. Program evaluations.
Sec. 1432. Definitions.
Part E--Educational Stability of Children in Foster Care
Sec. 1501. Educational stability of children in foster care.
Sec. 1502. Definitions.
Part F--General Provisions
Sec. 1601. Federal regulations.
Sec. 1602. Agreements and records.
Sec. 1603. State administration.
Sec. 1604. Local educational agency spending audits.
Sec. 1605. Prohibition against Federal mandates, direction, or control.
Sec. 1606. Rule of construction on equalized spending.
Sec. 1607. State report on dropout data.
Sec. 1608. Regulations for sections 1111 and 1116.
TITLE II--SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE
Part A--Continuous Improvement and Support for Teachers and Principals
Sec. 2101. Purpose.
Sec. 2102. Definitions.
subpart 1--grants to states
Sec. 2111. Allotments to States.
Sec. 2112. State applications.
Sec. 2113. State use of funds.
subpart 2--subgrants to local educational agencies
Sec. 2121. Allocations to local educational agencies.
Sec. 2122. Local applications and needs assessment.
Sec. 2123. Local use of funds.
subpart 3--national leadership activities
Sec. 2131. National leadership activities.
Sec. 2132. Gifted and talented students.
subpart 4--accountability
Sec. 2141. Accountability.
subpart 5--principal recruitment and training
Sec. 2151. Principal recruitment and training grant program.
Part B--Teacher Pathways to the Classroom
Sec. 2201. Teacher Pathways.
Part C--Teacher Incentive Fund Program
Sec. 2301. Purposes; definitions.
Sec. 2302. Teacher incentive fund grants.
Part D--Achievement Through Technology and Innovation
Sec. 2401. Short title.
Sec. 2402. Purposes and goals.
Sec. 2403. Definitions.
Sec. 2404. Allocation of funds; limitation.
Sec. 2405. E-rate restriction.
Sec. 2406. Rule of construction regarding purchasing.
subpart 1--state and local grants
Sec. 2411. Allotment and reallotment.
Sec. 2412. Use of allotment by State.
Sec. 2413. State applications.
Sec. 2414. State activities.
Sec. 2415. Local applications.
Sec. 2416. Local activities.
Sec. 2417. Reporting.
subpart 2--internet safety
Sec. 2421. Internet safety.
TITLE III--LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH
LEARNERS AND IMMIGRANT STUDENTS
Part A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act
Sec. 3101. Short title.
Sec. 3102. Purposes.
subpart 1--grants and subgrants for english language acquisition and
language enhancement
Sec. 3111. Formula grants to States.
Sec. 3112. Native American and Alaska Native children in school.
Sec. 3113. State educational agency plans.
Sec. 3114. Within-State allocations.
Sec. 3115. Subgrants to eligible entities.
Sec. 3116. Local plans.
subpart 2--accountability and administration
Sec. 3121. Local evaluation and accountability.
Sec. 3122. State accountability.
Sec. 3123. Reporting requirements.
Sec. 3124. Coordination with related programs.
Sec. 3125. Rules of construction.
Sec. 3126. Legal authority under State law.
Sec. 3127. Civil rights.
Sec. 3128. Programs for Native Americans and Puerto Rico.
Sec. 3129. Prohibition.
subpart 3--national activities
Sec. 3131. Professional development grants.
Sec. 3132. Commission on the Assessment and Advancement of English
Learners.
Sec. 3133. English language acquisition technology innovation grants.
Part B--General Provisions
Sec. 3201. Definitions.
Sec. 3202. Parental notification.
Sec. 3203. National Clearinghouse.
Sec. 3204. Regulations.
TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS
Part A--Improving Literacy Instruction and Student Achievement
subpart 1--improving literacy instruction
Sec. 4101. Short title.
Sec. 4102. Purposes.
Sec. 4103. Definitions.
Sec. 4104. Program authorized.
Sec. 4105. State planning grants.
Sec. 4106. State implementation grants.
Sec. 4107. State activities.
Sec. 4108. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
Sec. 4109. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
Sec. 4110. National evaluation, information dissemination, and
technical assistance.
Sec. 4111. Rules of construction.
subpart 2--improving literacy and college and career readiness through
effective school library programs
Sec. 4113. Purpose.
Sec. 4114. Definitions.
Sec. 4115. Improving literacy and college and career readiness through
effective school library program grants.
Part B--Improving Science, Technology, Engineering, and Mathematics
Instruction and Student Achievement
subpart 1--improving stem instruction and student achievement
Sec. 4201. Purpose.
Sec. 4202. Definitions.
Sec. 4203. Grants; allotments.
Sec. 4204. Applications.
Sec. 4205. Authorized activities.
Sec. 4206. Performance metrics; report.
Sec. 4207. Evaluation.
Sec. 4208. Supplement not supplant.
Sec. 4209. Maintenance of effort.
subpart 2--stem master teacher corps program
4221. Purpose.
4222. Definitions.
4223. STEM Master Teacher Corps program.
4224. Application.
4225. Required use of funds.
4226. Performance metrics; reports.
4227. Supplement not supplant.
4228. Evaluation.
Part C--Increasing Access to a Well-rounded Education and Financial
Literacy
subpart 1--increasing access to a well-rounded education
Sec. 4301. Purpose.
Sec. 4302. Definitions.
Sec. 4303. Grant program.
subpart 2--financial literacy education
Sec. 4311. Short title.
Sec. 4312. Statewide incentive grants for financial literacy education.
Part D--Successful, Safe, and Healthy Students
Sec. 4401. Purpose.
Sec. 4402. Definitions.
Sec. 4403. Allocation of funds.
Sec. 4404. Successful, safe, and healthy students State grants.
Sec. 4405. Technical assistance.
Sec. 4406. School construction after a violent or traumatic crisis.
Sec. 4407. Prohibited uses of funds.
Sec. 4408. Federal and State nondiscrimination laws.
Part E--Student Non-discrimination
Sec. 4501. Short title.
Sec. 4502. Findings and purposes.
Sec. 4503. Definitions and rule.
Sec. 4504. Prohibition against discrimination.
Sec. 4505. Federal administrative enforcement; report to congressional
committees.
Sec. 4506. Private cause of action.
Sec. 4507. Cause of action by the Attorney General.
Sec. 4508. State immunity.
Sec. 4509. Attorney's fees.
Sec. 4510. Effect on other laws.
Sec. 4511. Severability.
Sec. 4512. Effective date.
Part F--21st Century Community Learning Centers
Sec. 4601. Purpose; definitions.
Sec. 4602. Allotments to States.
Sec. 4603. State application.
Sec. 4604. Local competitive grant program.
Sec. 4605. Local activities.
Part G--Promise Neighborhoods
Sec. 4701. Short title.
Sec. 4702. Purpose.
Sec. 4703. Definitions.
subpart 1--promise neighborhood partnership grants
Sec. 4711. Program authorized.
Sec. 4712. Eligible entities.
Sec. 4713. Application requirements.
Sec. 4714. Use of funds.
Sec. 4715. Report and publicly available data.
Sec. 4716. Performance accountability and evaluation.
subpart 2--promise school grants
Sec. 4721. Program authorized.
Sec. 4722. Definition of eligible entity.
Sec. 4723. Application requirements; priority.
Sec. 4724. Use of funds.
Sec. 4725. Report and publicly available data.
Sec. 4726. Performance accountability and evaluation.
subpart 3--general provisions
Sec. 4731. National activities.
Part H--Parent and Family Information and Resource Centers
Sec. 4801. Purpose.
Sec. 4802. Definition of eligible entity.
Sec. 4803. Grants authorized.
Sec. 4804. Applications.
Sec. 4805. Uses of funds.
Sec. 4806. Administrative provisions.
Part I--Ready To Learn
Sec. 4901. Ready To Learn.
Part J--Programs of National Significance
Sec. 4905. Programs authorized.
Sec. 4906. Applications.
Sec. 4907. Program requirements.
Part K--Competency-based Assessment and Accountability Demonstration
Authority
Sec. 4909. Competency-based assessment and accountability
demonstration.
TITLE V--PROMOTING INNOVATION
Part A--Race to the Top
Sec. 5101. Purposes.
Sec. 5102. Reservation of funds.
Sec. 5103. Race to the Top program.
Sec. 5104. Application process.
Sec. 5105. Performance measures.
Sec. 5106. Uses of funds.
Sec. 5107. Reporting.
Part B--Investing in Innovation
Sec. 5201. Purposes.
Sec. 5202. Reservations.
Sec. 5203. Program authorized; length of grants; priorities.
Sec. 5204. Applications.
Sec. 5205. Uses of funds.
Sec. 5206. Performance measures.
Sec. 5207. Reporting.
Part C--Magnet Schools Assistance
Sec. 5301. Findings and purpose.
Sec. 5302. Definition.
Sec. 5303. Program authorized.
Sec. 5304. Eligibility.
Sec. 5305. Applications and requirements.
Sec. 5306. Priority.
Sec. 5307. Use of funds.
Sec. 5308. Prohibition.
Sec. 5309. Limitations.
Sec. 5310. Evaluations.
Sec. 5311. Availability of funds for grants to agencies not previously
assisted.
Part D--Public Charter Schools
Sec. 5401. Purpose.
Sec. 5402. Distribution of funds.
subpart 1--successful charter schools program
Sec. 5411. Definitions.
Sec. 5412. Program authorized.
Sec. 5413. Applications.
Sec. 5414. Selection criteria; priority.
Sec. 5415. Uses of funds.
Sec. 5416. Subgrants.
Sec. 5417. Performance measures; reports.
Sec. 5418. Federal formula allocation during first year and for
successive enrollment expansions.
Sec. 5419. Records transfer.
Sec. 5420. National activities.
subpart 2--charter school facility acquisition, construction, and
renovation
Sec. 5431. Purpose.
Sec. 5432. Definitions.
Sec. 5433. Grants to eligible entities.
Sec. 5434. Charter school objectives.
Sec. 5435. Applications; selection criteria.
Sec. 5436. Reserve account.
Sec. 5437. Limitation on administrative costs.
Sec. 5438. Audits and reports.
Sec. 5439. No full faith and credit for grantee obligations.
Sec. 5440. Recovery of funds.
Part E--Voluntary Public School Choice Programs
Sec. 5501. Grants.
Sec. 5502. Uses of funds.
Sec. 5503. Applications.
Sec. 5504. Priorities.
Sec. 5505. Requirements and voluntary participation.
Sec. 5506. Evaluations.
Sec. 5507. Definitions.
Part F--College Information Demonstration Program
Sec. 5601. College information demonstration program.
TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION
Part A--Transferability
Sec. 6101. Transferability of funds.
Part B--Rural Education Initiative
Sec. 6201. Short title.
Sec. 6202. Purpose.
subpart 1--small, rural school achievement program
Sec. 6211. Program authorized.
Sec. 6212. Academic achievement assessments.
subpart 2--rural and low-income school program
Sec. 6221. Program authorized.
Sec. 6222. Uses of funds.
Sec. 6223. Applications.
Sec. 6224. Accountability.
subpart 3--general provisions
Sec. 6231. Choice of participation.
Sec. 6232. Annual average daily attendance determination.
Sec. 6233. Supplement, not supplant.
Sec. 6234. Rule of construction.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A--Indian Education
Sec. 7101. Statement of policy.
Sec. 7102. Purpose.
subpart 1--formula grants to local educational agencies
Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Applications.
Sec. 7115. Authorized services and activities.
Sec. 7116. Integration of services authorized.
Sec. 7117. Student eligibility forms.
Sec. 7118. Payments.
Sec. 7119. State educational agency review.
subpart 2--special programs and projects to improve educational
opportunities for indian children and youth
Sec. 7121. Improvement of educational opportunities for Indian children
and youth.
Sec. 7122. Professional development for teachers and education
professionals.
subpart 3--national activities
Sec. 7131. National research activities.
Sec. 7132. Improvement of academic success for students through Native
American language.
Sec. 7133. Improving State and tribal educational agency collaboration.
subpart 4--federal administration
Sec. 7141. National Advisory Council on Indian Education.
Sec. 7142. Peer review.
Sec. 7143. Preference for Indian applicants.
Sec. 7144. Minimum grant criteria.
subpart 5--definitions
Sec. 7151. Definitions.
Part B--Native Hawaiian Education; Alaska Native Education
subpart 1--native hawaiian education
Sec. 7201. Short title.
Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.
subpart 2--alaska native education
Sec. 7301. Short title.
Sec. 7302. Findings.
Sec. 7303. Purposes.
Sec. 7304. Program authorized.
Sec. 7305. Administrative provisions.
Sec. 7306. Definitions.
TITLE VIII--IMPACT AID
Sec. 8001. Purpose.
Sec. 8002. Payments relating to Federal acquisition of real property.
Sec. 8003. Payments for eligible federally connected children.
Sec. 8004. Policies and procedures relating to children residing on
Indian lands.
Sec. 8005. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Federal administration.
Sec. 8011. Administrative hearings and judicial review.
Sec. 8012. Forgiveness of overpayments.
Sec. 8013. Definitions.
TITLE IX--GENERAL PROVISIONS
Part A--Definitions
Sec. 9101. Definitions.
Sec. 9102. Applicability of title.
Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.
Part B--Flexibility in the Use of Administrative and Other Funds
Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
Sec. 9202. Single local educational agency States.
Sec. 9203. Consolidation of funds for local administration.
Sec. 9204. Consolidated set-aside for Department of the Interior funds.
Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
Sec. 9301. Purposes.
Sec. 9302. Optional consolidated State plans or applications.
Sec. 9303. Consolidated reporting.
Sec. 9304. General applicability of State educational agency
assurances.
Sec. 9305. Consolidated local plans or applications.
Sec. 9306. Other general assurances.
Part D--Waivers
Sec. 9401. Waivers of statutory and regulatory requirements.
Part E--Uniform Provisions
subpart 1--private schools
Sec. 9501. Participation by private school children and teachers.
Sec. 9502. Standards for by-pass.
Sec. 9503. Complaint process for participation of private school
children.
Sec. 9504. By-pass determination process.
Sec. 9505. Prohibition against funds for religious worship or
instruction.
Sec. 9506. Private, religious, and home schools.
subpart 2--other provisions
Sec. 9521. Maintenance of effort.
Sec. 9522. Prohibition regarding State aid.
Sec. 9523. Privacy of assessment results.
Sec. 9524. School prayer.
Sec. 9525. Equal access to public school facilities.
Sec. 9526. General prohibitions.
Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
Sec. 9528. Armed Forces recruiter access to students and student
recruiting information.
Sec. 9529. Prohibition on federally sponsored testing.
Sec. 9530. Limitations on national testing or certification for
teachers.
Sec. 9531. Prohibition on nationwide database.
Sec. 9532. Unsafe school choice option.
Sec. 9533. Prohibition on discrimination.
Sec. 9534. Civil rights.
Sec. 9535. Rulemaking.
Sec. 9536. Severability.
Sec. 9537. Geographic diversity.
subpart 3--teacher liability protection
Sec. 9541. Short title.
Sec. 9542. Purpose.
Sec. 9543. Definitions.
Sec. 9544. Applicability.
Sec. 9545. Preemption and election of State nonapplicability.
Sec. 9546. Limitation on liability for teachers.
Sec. 9547. Allocation of responsibility for noneconomic loss.
Sec. 9548. Effective date.
Part F--Evaluations
Sec. 9601. Evaluation authority.
Part G--Miscellaneous Provisions
subpart 1--gun possession
Sec. 9701. Gun-free requirements.
subpart 2--environmental tobacco smoke
Sec. 9721. Short title.
Sec. 9722. Definitions.
Sec. 9723. Nonsmoking policy for children's services.
Sec. 9724. Preemption.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Local Educational Agency Grants.--
(1) In general.--There are authorized to be
appropriated to carry out part A of title I (except for
sections 1116(f), 1125A, and 1132, and subpart 4 of
part A of such title) such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal
years.
(2) School improvement grants, national activities,
and evaluation.--
(A) In general.--There are authorized to be
appropriated to carry out section 1116(f) such
sums as may be necessary for fiscal year 2014
and each of the 4 succeeding fiscal years.
(B) Reservation for national activities.--
Of the amounts appropriated under subparagraph
(A) for a fiscal year, the Secretary shall
reserve not more than 2 percent for the
national activities described in section
1116(f)(6).
(3) Education finance incentive grant program.--
There are authorized to be appropriated to carry out
section 1125A such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
(4) Centers of excellence in early childhood.--
There are authorized to be appropriated to carry out
section 1132 such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
(b) Grants for State Assessments and the National
Assessment of Educational Progress.--
(1) National assessment of educational progress.--
For the purpose of administering the State assessments
under the National Assessment of Educational Progress,
there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(2) State assessments and related activities.--For
the purpose of carrying out assessment and related
activities under subpart 4 of part A of title I, there
are authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(c) Pathways to College.--For the purposes of carrying out
part B of title I, Pathways to College, there are authorized to
be appropriated such sums as may be necessary for fiscal year
2014 and each of the 4 succeeding fiscal years.
(d) Education of Migratory Children.--For the purposes of
carrying out part C of title I, Education of Migratory
Children, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(e) Neglected and Delinquent.--For the purposes of carrying
out part D of title I, Prevention and Intervention Programs for
Children and Youth Who Are Neglected, Delinquent, or At-Risk,
there are authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4 succeeding
fiscal years.
(f) Continuous Improvement and Support for Teachers and
Principals.--
(1) In general.--For the purposes of carrying out
subparts 1, 2, 3, and 4 of part A of title II, there
are authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(2) Principal recruitment and training.--For the
purposes of carrying out subpart 5 of part A of title
II, Principal Recruitment and Training, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(g) Teacher Pathways to the Classroom.--For the purposes of
carrying out part B of title II, Teacher Pathways to the
Classroom, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(h) Teacher Incentive Fund.--For the purposes of carrying
out part C of title II, Teacher Incentive Fund, there are
authorized to be appropriated such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal years.
(i) Achievement Through Technology and Innovation.--For the
purposes of carrying out part D of title II, Achievement
through Technology and Innovation, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2014
and each of the 4 succeeding fiscal years.
(j) English Learners and Immigrant Students.--For the
purposes of carrying out title III, Language and Academic
Content Instruction for English Learners and Immigrant
Students, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(k) Improving Literacy and Student Achievement.--
(1) Improving literacy.--For the purposes of
carrying out subpart 1 of part A of title IV, Improving
Literacy Instruction, there are authorized to be
appropriated such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
(2) Effective school library programs.--For the
purposes of carrying out subpart 2 of part A of title
IV, Improving Literacy and College and Career Readiness
Through Effective School Library Programs, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(l) Improving Science, Technology, Engineering, and
Mathematics Instruction and Student Achievement.--For the
purposes of carrying out part B of title IV, Improving Science,
Technology, Engineering, and Mathematics Instruction and
Student Achievement, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2014 and each of
the 4 succeeding fiscal years.
(m) Increasing Access to a Well-Rounded Education and
Financial Literacy.--For the purposes of carrying out part C of
title IV, Increasing Access to a Well-Rounded Education and
Financial Literacy, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2014 and each of
the 4 succeeding fiscal years.
(n) Successful, Safe, and Healthy Students.--
(1) In general.--For the purposes of carrying out
part D of title IV (except for section 4406),
Successful, Safe, and Healthy Students, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(2) School construction after a violent or
traumatic crisis.--For purposes of carrying out section
4406, School Construction After a Violent or Traumatic
Crisis, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2014 and each
of the 4 succeeding fiscal years. Funds made available
under this paragraph shall remain available until
expended.
(o) 21st Century Community Learning Centers.--For the
purposes of carrying out part F of title IV, 21st Century
Community Learning Centers, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2014
and each of the 4 succeeding fiscal years.
(p) Promise Neighborhoods.--For the purposes of carrying
out part G of title IV, Promise Neighborhoods, there are
authorized to be appropriated such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal years.
(q) Parent and Family Information and Resource Centers.--
For the purposes of carrying out part H of title IV, Parent and
Family Information and Resource Centers, there are authorized
to be appropriated such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
(r) Ready To Learn.--For the purposes of carrying out part
I of title IV, Ready To Learn, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2014
and each of the 4 succeeding fiscal years.
(s) Programs of National Significance.--For the purposes of
carrying out part I of title IV, Programs of National
Significance, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(t) Race to the Top.--For the purposes of carrying out part
A of title V, Race to the Top, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2014
and each of the 4 succeeding fiscal years.
(u) Investing in Innovation.--For the purposes of carrying
out part B of title V, Investing in Innovation, there are
authorized to be appropriated such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal years.
(v) Magnet Schools Assistance.--For the purposes of
carrying out part C of title V, Magnet Schools Assistance,
there are authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4 succeeding
fiscal years.
(w) Public Charter Schools.--For the purposes of carrying
out part D of title V, Public Charter Schools, there are
authorized to be appropriated such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal years.
(x) Voluntary Public School Choice.--For the purposes of
carrying out part E of title V, Voluntary Public School Choice,
there are authorized to be appropriated such sums as may be
necessary for fiscal year 2014 and each of the 4 succeeding
fiscal years.
(y) College Information Demonstration Program.--For the
purposes of carrying out part F of title V, College Information
Demonstration Program, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2014 and each of
the 4 succeeding fiscal years.
(z) Rural Education Achievement Program.--For the purposes
of carrying out part B of title VI, Rural Education Achievement
Program, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(aa) Indian, Native Hawaiian, and Alaska Native
Education.--
(1) Indian education and native hawaiian
education.--For the purposes of carrying out part A and
subpart 1 of part B of title VII, Indian Education and
Native Hawaiian Education, there are authorized to be
appropriated such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
(2) Alaska native education.--There are authorized
to be appropriated to carry out subpart 2 of part B of
title VII, Alaska Native Education, such sums as may be
necessary for fiscal year 2014 and each of the 5
succeeding fiscal years.
(bb) Impact Aid.--For the purposes of carrying out title
VIII, Impact Aid, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years, in accordance with the following:
(1) Payments for federal acquisition of real
property.--For the purpose of making payments under
section 8002, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2014 and
each of the 4 succeeding fiscal years.
(2) Basic payments; payments for heavily impacted
local educational agencies.--For the purpose of making
payments under section 8003(b), there are authorized to
be appropriated such sums as may be necessary for
fiscal year 2014 and each of the 4 succeeding fiscal
years.
(3) Payments for children with disabilities.--For
the purpose of making payments under section 8003(d),
there are authorized to be appropriated such sums as
may be necessary for fiscal year 2014 and each of the 4
succeeding fiscal years.
(4) Construction.--For the purpose of carrying out
section 8007, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2014 and
each of the 4 succeeding fiscal years.
(5) Facilities maintenance.--For the purpose of
carrying out section 8008, there are authorized to be
appropriated such sums as may be necessary for fiscal
year 2014 and each of the 4 succeeding fiscal years.
TITLE I--COLLEGE AND CAREER READINESS FOR ALL STUDENTS
[SEC. 1001. [20 U.S.C. 6301] 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 reach, at a minimum, proficiency on
challenging State academic achievement standards and state
academic assessments. This purpose can be accomplished by--
[(1) ensuring that high-quality academic
assessments, accountability systems, teacher
preparation and training, curriculum, and instructional
materials are aligned with challenging State academic
standards so that students, teachers, parents, and
administrators can measure progress against common
expectations for student academic achievement;
[(2) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
limited English proficient children, migratory
children, children with disabilities, Indian children,
neglected or delinquent children, and young children in
need of reading assistance;
[(3) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
[(4) holding schools, local educational agencies,
and States accountable for improving the academic
achievement of all students, and identifying and
turning around low-performing schools that have failed
to provide a high-quality education to their students,
while providing alternatives to students in such
schools to enable the students to receive a high-
quality education;
[(5) distributing and targeting resources
sufficiently to make a difference to local educational
agencies and schools where needs are greatest;
[(6) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to ensure that students are meeting
challenging State academic achievement and content
standards and increasing achievement overall, but
especially for the disadvantaged;
[(7) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance;
[(8) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time;
[(9) promoting schoolwide reform and ensuring the
access of children to effective, scientifically based
instructional strategies and challenging academic
content;
[(10) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(11) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with other agencies
providing services to youth, children, and families;
and
[(12) affording parents substantial and meaningful
opportunities to participate in the education of their
children.]
SEC. 1001. PURPOSE.
The purpose of this title is to ensure every child has a
fair, equal, and significant opportunity to obtain a high-
quality education and graduate from high school ready for
college, career, and citizenship. This purpose can be
accomplished by--
(1) setting high expectations for children to
develop deep content knowledge and the ability to use
knowledge to think critically, solve problems,
communicate effectively, and collaborate with others,
in order to graduate, from high school, college and
career ready;
(2) supporting high-quality teaching to
continuously improve instruction and encourage new
models of teaching and learning;
(3) focusing on increasing student achievement and
closing achievement gaps;
(4) providing additional resources and supports to
meet the needs of disadvantaged students, including
children from low-income families and those attending
high-poverty schools, English learners, migratory
children, children with disabilities, Indian children,
and neglected or delinquent children;
(5) providing young children with greater access to
high-quality early learning experiences to ensure they
enter school ready to learn;
(6) removing barriers to, and encouraging State and
local innovation and leadership in, education based on
the evaluation of success and continuous improvement;
(7) removing barriers and promoting integration
across all levels of education, and across Federal
education programs;
(8) streamlining Federal requirements to reduce
burdens on States, local educational agencies, schools,
and educators; and
(9) strengthening parental engagement and
coordination of student, family, and community supports
to promote student success.
[SEC. 1002. [20 U.S.C. 6302] AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated--
[(1) $13,500,000,000 for fiscal year 2002;
[(2) $16,000,000,000 for fiscal year 2003;
[(3) $18,500,000,000 for fiscal year 2004;
[(4) $20,500,000,000 for fiscal year 2005;
[(5) $22,750,000,000 for fiscal year 2006; and
[(6) $25,000,000,000 for fiscal year 2007.
[(b) Reading First.--
[(1) Reading first.--For the purpose of carrying
out subpart 1 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(2) Early reading first.--For the purpose of
carrying out subpart 2 of part B, there are authorized
to be appropriated $75,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5
succeeding fiscal years.
[(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $260,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(4) Improving literacy through school libraries.--
For the purpose of carrying out subpart 4 of part B,
there are authorized to be appropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
[(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk.--For the purpose of carrying
out part D, there are authorized to be appropriated $50,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(e) Federal Activities.--
[(1) Sections 1501 and 1502.--For the purpose of
carrying out sections 1501 and 1502, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Section 1504.--
[(A) In general.--For the purpose of
carrying out section 1504, there are authorized
to be appropriated such sums as may be
necessary for fiscal year 2002 and for each of
the 5 succeeding fiscal years.
[(B) Special rule.--Of the funds
appropriated pursuant to subparagraph (A), not
more than 30 percent may be used for teachers
associated with students participating in the
programs described in subsections (a)(1),
(b)(1), and (c)(1).
[(f) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.
[(g) Advanced Placement.--For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
[(h) School Dropout Prevention.--For the purpose of
carrying out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of which--
[(1) up to 10 percent shall be available to carry
out subpart 1 of part H for each fiscal year; and
[(2) the remainder shall be available to carry out
subpart 2 of part H for each fiscal year.
[(i) School Improvement.--For the purpose of carrying out
section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[SEC. 1003. [20 U.S.C. 6303] SCHOOL IMPROVEMENT.
[(a) State Reservations.--Each State shall reserve 2
percent of the amount the State receives under subpart 2 of
part A for fiscal years 2002 and 2003, and 4 percent of the
amount received under such subpart for fiscal years 2004
through 2007, to carry out subsection (b) and to carry out the
State's responsibilities under sections 1116 and 1117,
including carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies.
[(b) Uses.--Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency--
[(1) shall allocate not less than 95 percent of
that amount directly to local educational agencies for
schools identified for school improvement, corrective
action, and restructuring, for activities under section
1116(b); or
[(2) may, with the approval of the local
educational agency, directly provide for these
activities or arrange for their provision through other
entities such as school support teams or educational
service agencies.
[(c) Priority.--The State educational agency, in allocating
funds to local educational agencies under this section, shall
give priority to local educational agencies that--
[(1) serve the lowest-achieving schools;
[(2) demonstrate the greatest need for such funds;
and
[(3) demonstrate the strongest commitment to
ensuring that such funds are used to enable the lowest-
achieving schools to meet the progress goals in school
improvement plans under section 1116 (b)(3)(A)(v).
[(d) Unused Funds.--If, after consultation with local
educational agencies in the State, the State educational agency
determines that the amount of funds reserved to carry out
subsection (b) is greater than the amount needed to provide the
assistance described in that subsection, the State educational
agency shall allocate the excess amount to local educational
agencies in accordance with--
[(1) the relative allocations the State educational
agency made to those agencies for that fiscal year
under subpart 2 of part A; or
[(2) section 1126(c).
[(e) Special Rule.--Notwithstanding any other provision of
this section, the amount of funds reserved by the State
educational agency under subsection (a) in any fiscal year
shall not decrease the amount of funds each local educational
agency receives under subpart 2 below the amount received by
such local educational agency under such subpart for the
preceding fiscal year.
[(f) Reporting.--The State educational agency shall make
publicly available a list of those schools that have received
funds or services pursuant to subsection (b) and the percentage
of students from each school from families with incomes below
the poverty line.
[(g) Assistance for Local School Improvement.--
[(1) Program authorized.--The Secretary shall award
grants to States to enable the States to provide
subgrants to local educational agencies for the purpose
of providing assistance for school improvement
consistent with section 1116.
[(2) State allotments.--Such grants shall be
allotted among States, the Bureau of Indian Affairs,
and the outlying areas, in proportion to the funds
received by the States, the Bureau of Indian Affairs,
and the outlying areas, respectively, for the fiscal
year under parts A, C, and D of this title. The
Secretary shall expeditiously allot a portion of such
funds to States for the purpose of assisting local
educational agencies and schools that were in school
improvement status on the date preceding the date of
enactment of the No Child Left Behind Act of 2001.
[(3) Reallocations.--If a State does not receive
funds under this subsection, the Secretary shall
reallocate such funds to other States in the same
proportion funds are allocated under paragraph (2).
[(4) State applications.--Each State educational
agency that desires to receive funds under this
subsection shall submit an application to the Secretary
at such time, and containing such information, as the
Secretary shall reasonably require, except that such
requirement shall be waived if a State educational
agency submitted such information as part of its State
plan under this part. Each State application shall
describe how the State educational agency will allocate
such funds in order to assist the State educational
agency and local educational agencies in complying with
school improvement, corrective action, and
restructuring requirements of section 1116.
[(5) Local educational agency grants.--A grant to a
local educational agency under this subsection shall
be--
[(A) of sufficient size and scope to
support the activities required under sections
1116 and 1117, but not less than $50,000 and
not more than $500,000 for each participating
school;
[(B) integrated with other funds awarded by
the State under this Act; and
[(C) renewable for two additional 1-year
periods if schools are meeting the goals in
their school improvement plans developed under
section 1116.
[(6) Priority.--The State, in awarding such grants,
shall give priority to local educational agencies with
the lowest-achieving schools that demonstrate--
[(A) the greatest need for such funds; and
[(B) the strongest commitment to ensuring
that such funds are used to provide adequate
resources to enable the lowest-achieving
schools to meet the goals under school and
local educational agency improvement,
corrective action, and restructuring plans
under section 1116.
[(7) Allocation.--A State educational agency that
receives a grant under this subsection shall allocate
at least 95 percent of the grant funds directly to
local educational agencies for schools identified for
school improvement, corrective action, or restructuring
to carry out activities under section 1116(b), or may,
with the approval of the local educational agency,
directly provide for these activities or arrange for
their provision through other entities such as school
support teams or educational service agencies.
[(8) Administrative costs.--A State educational
agency that receives a grant award under this
subsection may reserve not more than 5 percent of such
grant funds for administration, evaluation, and
technical assistance expenses.
[(9) Local awards.--Each local educational agency
that applies for assistance under this subsection shall
describe how it will provide the lowest-achieving
schools the resources necessary to meet goals under
school and local educational agency improvement,
corrective action, and restructuring plans under
section 1116.]
[SEC. 1004]SEC. 1002. STATE ADMINISTRATION AND STATE ACCOUNTABILITY AND
SUPPORT.
(a) [In General.--Except as provided in subsection
(b)]State Administration.--
(1) In general.--Except as provided in paragraph
(2), to carry out administrative duties assigned under
parts A, C, and D of this title, each State may reserve
the greater of--
[(1)](A) 1 percent of the amounts received
under such parts; or
[(2)](B) $400,000 ($50,000 in the case of
each outlying area).
[(b)](2) Exception.--If the sum of the amounts
appropriated for parts A, C, and D of this title is
equal to or greater than $14,000,000,000, then the
reservation described in [subsection (a)(1)]paragraph
(1)(A) shall not exceed 1 percent of the amount the
State would receive, if $14,000,000,000 were allocated
among the States for parts A, C, and D of this title.
(b) Accountability and Support.--
(1) In general.--Each State may reserve not more
than 6 percent of the amount the State receives under
subpart 2 of part A to carry out paragraph (2) and to
carry out the State and local educational agency
responsibilities under section 1116, which may include
carrying out a statewide system of technical assistance
and support for local educational agencies and
identifying and disseminating evidence-based practices.
(2) Uses.--
(A) In general.--Of the amount reserved
under paragraph (1) for any fiscal year, the
State educational agency shall use not less
than 90 percent of that amount by allocating
such sums directly to local educational
agencies for activities required under section
1116.
(B) Option.--Notwithstanding subparagraph
(A), the State educational agency may, with the
approval of the local educational agency,
directly provide for the activities required
under section 1116 or arrange for their
provision through other entities such as
educational service agencies and external
providers with expertise in using strategies
based on scientifically valid research to
improve teaching, learning, and schools.
(3) Priority.--The State educational agency, in
allocating funds to local educational agencies under
this subsection, shall give priority to local
educational agencies that--
(A) serve the lowest-performing schools,
including schools identified as focus schools
or priority schools under subsection (c) or (d)
of section 1116;
(B) demonstrate the greatest need for such
funds; and
(C) demonstrate the strongest commitment to
use the funds to enable the lowest-achieving
schools to improve student achievement and
outcomes through the use of evidence-based
practices that are consistent with the evidence
standards described in section 5203(e).
(4) Unused funds.--If, after consultation with
local educational agencies, the State educational
agency determines the amount of funds reserved to carry
out this subsection is greater than the amount needed
to provide the assistance described in this subsection,
the State educational agency shall allocate the excess
amount to local educational agencies in accordance
with--
(A) the relative allocations the State
educational agency made to those agencies for
that fiscal year under subpart 2 of part A; or
(B) section 1126(c).
(5) Special rule.--Notwithstanding any other
provision of this subsection, the amount of funds
reserved by the State educational agency under this
subsection in any fiscal year shall not decrease the
amount of funds each local educational agency receives
under subpart 2 of part A below the amount received by
such local educational agency under such subpart for
the preceding fiscal year.
(6) Reporting.--Each State educational agency shall
make publicly available a list of those schools that
have received funds or services pursuant to this
subsection and the percentage of students from each
such school from families with incomes below the
poverty line.
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1--Basic Program Requirements
[SEC. 1111. [20 U.S.C. 6311] STATE PLANS.
[(a) Plans Required.--
[(1) In general.--For any State desiring to receive
a grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with local
educational agencies, teachers, principals, pupil
services personnel, administrators (including
administrators of programs described in other parts of
this title), other staff, and parents, that satisfies
the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
[(2) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidated plan under section 9302.
[(b) Academic Standards, Academic Assessments, and
Accountability.--
[(1) Challenging academic standards.--
[(A) In general.--Each State plan shall
demonstrate that the State has adopted
challenging academic content standards and
challenging student academic achievement
standards that will be used by the State, its
local educational agencies, and its schools to
carry out this part, except that a State shall
not be required to submit such standards to the
Secretary.
[(B) Same standards.--The academic
standards required by subparagraph (A) shall be
the same academic standards that the State
applies to all schools and children in the
State.
[(C) Subjects.--The State shall have such
academic standards for all public elementary
school and secondary school children, including
children served under this part, in subjects
determined by the State, but including at least
mathematics, reading or language arts, and
(beginning in the 2005-2006 school year)
science, which shall include the same
knowledge, skills, and levels of achievement
expected of all children.
[(D) Challenging academic standards.--
Standards under this paragraph shall include--
[(i) challenging academic content
standards in academic subjects that--
[(I) specify what children
are expected to know and be
able to do;
[(II) contain coherent and
rigorous content; and
[(III) encourage the
teaching of advanced skills;
and
[(ii) challenging student academic
achievement standards that--
[(I) are aligned with the
State's academic content
standards;
[(II) describe two levels
of high achievement (proficient
and advanced) that determine
how well children are mastering
the material in the State
academic content standards; and
[(III) describe a third
level of achievement (basic) to
provide complete information
about the progress of the
lower-achieving children toward
mastering the proficient and
advanced levels of achievement.
[(E) Information.--For the subjects in
which students will be served under this part,
but for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and
has not otherwise developed, such academic
standards, the State plan shall describe a
strategy for ensuring that students are taught
the same knowledge and skills in such subjects
and held to the same expectations as are all
children.
[(F) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before or after the
date of enactment of the No Child Left Behind
Act of 2001.
[(2) Accountability.--
[(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide State
accountability system that will be effective in
ensuring that all local educational agencies,
public elementary schools, and public secondary
schools make adequate yearly progress as
defined under this paragraph. Each State
accountability system shall--
[(i) be based on the academic
standards and academic assessments
adopted under paragraphs (1) and (3),
and other academic indicators
consistent with subparagraph (C)(vi)
and (vii), and shall take into account
the achievement of all public
elementary school and secondary school
students;
[(ii) be the same accountability
system the State uses for all public
elementary schools and secondary
schools or all local educational
agencies in the State, except that
public elementary schools, secondary
schools, and local educational agencies
not participating under this part are
not subject to the requirements of
section 1116; and
[(iii) include sanctions and
rewards, such as bonuses and
recognition, the State will use to hold
local educational agencies and public
elementary schools and secondary
schools accountable for student
achievement and for ensuring that they
make adequate yearly progress in
accordance with the State's definition
under subparagraphs (B) and (C).
[(B) Adequate yearly progress.--Each State
plan shall demonstrate, based on academic
assessments described in paragraph (3), and in
accordance with this paragraph, what
constitutes adequate yearly progress of the
State, and of all public elementary schools,
secondary schools, and local educational
agencies in the State, toward enabling all
public elementary school and secondary school
students to meet the State's student academic
achievement standards, while working toward the
goal of narrowing the achievement gaps in the
State, local educational agencies, and schools.
[(C) Definition.--``Adequate yearly
progress'' shall be defined by the State in a
manner that--
[(i) applies the same high
standards of academic achievement to
all public elementary school and
secondary school students in the State;
[(ii) is statistically valid and
reliable;
[(iii) results in continuous and
substantial academic improvement for
all students;
[(iv) measures the progress of
public elementary schools, secondary
schools and local educational agencies
and the State based primarily on the
academic assessments described in
paragraph (3);
[(v) includes separate measurable
annual objectives for continuous and
substantial improvement for each of the
following:
[(I) The achievement of all
public elementary school and
secondary school students.
[(II) The achievement of--
[(aa) economically
disadvantaged students;
[(bb) students from
major racial and ethnic
groups;
[(cc) students with
disabilities; and
[(dd) students with
limited English
proficiency;
except that disaggregation of
data under subclause (II) 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;
[(vi) in accordance with
subparagraph (D), includes graduation
rates for public secondary school
students (defined as the percentage of
students who graduate from secondary
school with a regular diploma in the
standard number of years) and at least
one other academic indicator, as
determined by the State for all public
elementary school students; and
[(vii) in accordance with
subparagraph (D), at the State's
discretion, may also include other
academic indicators, as determined by
the State for all public school
students, measured separately for each
group described in clause (v), such as
achievement on additional State or
locally administered assessments,
decreases in grade-to-grade retention
rates, attendance rates, and changes in
the percentages of students completing
gifted and talented, advanced
placement, and college preparatory
courses.
[(D) Requirements for other indicators.--In
carrying out subparagraph (C)(vi) and (vii),
the State--
[(i) shall ensure that the
indicators described in those
provisions are valid and reliable, and
are consistent with relevant,
nationally recognized professional and
technical standards, if any; and
[(ii) except as provided in
subparagraph (I)(i), may not use those
indicators to reduce the number of, or
change, the schools that would
otherwise be subject to school
improvement, corrective action, or
restructuring under section 1116 if
those additional indicators were not
used, but may use them to identify
additional schools for school
improvement or in need of corrective
action or restructuring.
[(E) Starting point.--Each State, using
data for the 2001-2002 school year, shall
establish the starting point for measuring,
under subparagraphs (G) and (H), the percentage
of students meeting or exceeding the State's
proficient level of academic achievement on the
State assessments under paragraph (3) and
pursuant to the timeline described in
subparagraph (F). The starting point shall be,
at a minimum, based on the higher of the
percentage of students at the proficient level
who are in--
[(i) the State's lowest achieving
group of students described in
subparagraph (C)(v)(II); or
[(ii) the school at the 20th
percentile in the State, based on
enrollment, among all schools ranked by
the percentage of students at the
proficient level.
[(F) Timeline.--Each State shall establish
a timeline for adequate yearly progress. The
timeline shall ensure that not later than 12
years after the end of the 2001-2002 school
year, all students in each group described in
subparagraph (C)(v) will meet or exceed the
State's proficient level of academic
achievement on the State assessments under
paragraph (3).
[(G) Measurable objectives.--Each State
shall establish statewide annual measurable
objectives, pursuant to subparagraph (C)(v),
for meeting the requirements of this paragraph,
and which--
[(i) shall be set separately for
the assessments of mathematics and
reading or language arts under
subsection (a)(3);
[(ii) shall be the same for all
schools and local educational agencies
in the State;
[(iii) shall identify a single
minimum percentage of students who are
required to meet or exceed the
proficient level on the academic
assessments that applies separately to
each group of students described in
subparagraph (C)(v);
[(iv) shall ensure that all
students will meet or exceed the
State's proficient level of academic
achievement on the State assessments
within the State's timeline under
subparagraph (F); and
[(v) may be the same for more than
1 year, subject to the requirements of
subparagraph (H).
[(H) Intermediate goals for annual yearly
progress.--Each State shall establish
intermediate goals for meeting the
requirements, including the measurable
objectives in subparagraph (G), of this
paragraph and that shall--
[(i) increase in equal increments
over the period covered by the State's
timeline under subparagraph (F);
[(ii) provide for the first
increase to occur in not more than 2
years; and
[(iii) provide for each following
increase to occur in not more than 3
years.
[(I) Annual improvement for schools.--Each
year, for a school to make adequate yearly
progress under this paragraph--
[(i) each group of students
described in subparagraph (C)(v) must
meet or exceed the objectives set by
the State under subparagraph (G),
except that if any group described in
subparagraph (C)(v) does not meet those
objectives in any particular year, the
school shall be considered to have made
adequate yearly progress if the
percentage of students in that group
who did not meet or exceed the
proficient level of academic
achievement on the State assessments
under paragraph (3) for that year
decreased by 10 percent of that
percentage from the preceding school
year and that group made progress on
one or more of the academic indicators
described in subparagraph (C)(vi) or
(vii); and
[(ii) not less than 95 percent of
each group of students described in
subparagraph (C)(v) who are enrolled in
the school are required to take the
assessments, consistent with paragraph
(3)(C)(xi) and with accommodations,
guidelines, and alternative assessments
provided in the same manner as those
provided under section 612(a)(16)(A) of
the Individuals with Disabilities
Education Act and paragraph (3), on
which adequate yearly progress is based
(except that the 95 percent requirement
described in this clause shall not
apply 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).
[(J) Uniform averaging procedure.--For the
purpose of determining whether schools are
making adequate yearly progress, the State may
establish a uniform procedure for averaging
data which includes one or more of the
following:
[(i) The State may average data
from the school year for which the
determination is made with data from
one or two school years immediately
preceding that school year.
[(ii) Until the assessments
described in paragraph (3) are
administered in such manner and time to
allow for the implementation of the
uniform procedure for averaging data
described in clause (i), the State may
use the academic assessments that were
required under paragraph (3) as that
paragraph was in effect on the day
preceding the date of enactment of the
No Child Left Behind Act of 2001,
provided that nothing in this clause
shall be construed to undermine or
delay the determination of adequate
yearly progress, the requirements of
section 1116, or the implementation of
assessments under this section.
[(iii) The State may use data
across grades in a school.
[(K) Accountability for charter schools.--
The accountability provisions under this Act
shall be overseen for charter schools in
accordance with State charter school law.
[(3) Academic assessments.--
[(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-
quality, yearly student academic assessments
that include, at a minimum, academic
assessments in mathematics, reading or language
arts, and science that will be used as the
primary means of determining the yearly
performance of the State and of each local
educational agency and school in the State in
enabling all children to meet the State's
challenging student academic achievement
standards, except that no State shall be
required to meet the requirements of this part
relating to science assessments until the
beginning of the 2007-2008 school year.
[(B) Use of assessments.--Each State
educational agency may incorporate the data
from the assessments under this paragraph into
a State-developed longitudinal data system that
links student test scores, length of
enrollment, and graduation records over time.
[(C) Requirements.--Such assessments
shall--
[(i) be the same academic
assessments used to measure the
achievement of all children;
[(ii) be aligned with the State's
challenging academic content and
student academic achievement standards,
and provide coherent information about
student attainment of such standards;
[(iii) be used for purposes for
which such assessments are valid and
reliable, and be consistent with
relevant, nationally recognized
professional and technical standards;
[(iv) be used only if the State
educational agency provides to the
Secretary evidence from the test
publisher or other relevant sources
that the assessments used are of
adequate technical quality for each
purpose required under this Act and are
consistent with the requirements of
this section, and such evidence is made
public by the Secretary upon request;
[(v)(I) except as otherwise
provided for grades 3 through 8 under
clause vii, measure the proficiency of
students in, at a minimum, mathematics
and reading or language arts, and be
administered not less than once
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9;
and
[(cc) grades 10 through 12;
[(II) beginning not later than
school year 2007-2008, measure the
proficiency of all students in science
and be administered not less than one
time during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9;
and
[(cc) grades 10 through 12;
[(vi) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding;
[(vii) beginning not later than
school year 2005-2006, measure the
achievement of students against the
challenging State academic content and
student academic achievement standards
in each of grades 3 through 8 in, at a
minimum, mathematics, and reading or
language arts, except that the
Secretary may provide the State 1
additional year if the State
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State, prevented full
implementation of the academic
assessments by that deadline and that
the State will complete implementation
within the additional 1-year period;
[(viii) at the discretion of the
State, measure the proficiency of
students in academic subjects not
described in clauses (v), (vi), (vii)
in which the State has adopted
challenging academic content and
academic achievement standards;
[(ix) provide for--
[(I) the participation in
such assessments of all
students;
[(II) the reasonable
adaptations and accommodations
for students with disabilities
(as defined under section
602(3) of the Individuals with
Disabilities Education Act)
necessary to measure the
academic achievement of such
students relative to State
academic content and State
student academic achievement
standards; and
[(III) the inclusion of
limited English proficient
students, who shall be assessed
in a valid and reliable manner
and provided reasonable
accommodations on assessments
administered to such students
under this paragraph,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate data on what
such students know and can do
in academic content areas,
until such students have
achieved English language
proficiency as determined under
paragraph (7);
[(x) notwithstanding subclause
(III), the academic assessment (using
tests written in English) of reading or
language arts of any student who has
attended school in the United States
(not including Puerto Rico) for three
or more consecutive school years,
except that if the local educational
agency determines, on a case-by-case
individual basis, that academic
assessments in another language or form
would likely yield more accurate and
reliable information on what such
student knows and can do, the local
educational agency may make a
determination to assess such student in
the appropriate language other than
English for a period that does not
exceed two additional consecutive
years, provided that such student has
not yet reached a level of English
language proficiency sufficient to
yield valid and reliable information on
what such student knows and can do on
tests (written in English) of reading
or language arts;
[(xi) include students who have
attended schools in a local educational
agency for a full academic year but
have not attended a single school for a
full academic year, except that the
performance of students who have
attended more than 1 school in the
local educational agency in any
academic year shall be used only in
determining the progress of the local
educational agency;
[(xii) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii) that allow parents,
teachers, and principals to understand
and address the specific academic needs
of students, and include information
regarding achievement on academic
assessments aligned with State academic
achievement standards, and that are
provided to parents, teachers, and
principals, as soon as is practicably
possible after the assessment is given,
in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand;
[(xiii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English proficiency status,
by migrant status, by students with
disabilities as compared to nondisabled
students, and by economically
disadvantaged students as compared to
students who are not economically
disadvantaged, except that, in the case
of a local educational agency or a
school, such disaggregation shall not
be required in a case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student;
[(xiv) be consistent with widely
accepted professional testing
standards, objectively measure academic
achievement, knowledge, and skills, and
be tests that do not evaluate or assess
personal or family beliefs and
attitudes, or publicly disclose
personally identifiable information;
and
[(xv) enable itemized score
analyses to be produced and reported,
consistent with clause (iii), to local
educational agencies and schools, so
that parents, teachers, principals, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items.
[(D) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, that
were not required prior to the date of
enactment of the No Child Left Behind Act of
2001, for 1 year for each year for which the
amount appropriated for grants under section
6113(a)(2) is less than--
[(i) $370,000,000 for fiscal year
2002;
[(ii) $380,000,000 for fiscal year
2003;
[(iii) $390,000,000 for fiscal year
2004; and
[(iv) $400,000,000 for fiscal years
2005 through 2007.
[(4) Special rule.--Academic assessment measures in
addition to those in paragraph (3) that do not meet the
requirements of such paragraph may be included in the
assessment under paragraph (3) as additional measures,
but may not be used in lieu of the academic assessments
required under paragraph (3). Such additional
assessment measures may not be used to reduce the
number of or change, the schools that would otherwise
be subject to school improvement, corrective action, or
restructuring under section 1116 if such additional
indicators were not used, but may be used to identify
additional schools for school improvement or in need of
corrective action or restructuring except as provided
in paragraph (2)(I)(i).
[(5) State authority.--If a State educational
agency provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency
nor any other State government official, agency, or
entity has sufficient authority, under State law, to
adopt curriculum content and student academic
achievement standards, and academic assessments aligned
with such academic standards, which will be applicable
to all students enrolled in the State's public
elementary schools and secondary schools, then the
State educational agency may meet the requirements of
this subsection by--
[(A) adopting academic standards and
academic assessments that meet the requirements
of this subsection, on a statewide basis, and
limiting their applicability to students served
under this part; or
[(B) adopting and implementing policies
that ensure that each local educational agency
in the State that receives grants under this
part will adopt curriculum content and student
academic achievement standards, and academic
assessments aligned with such standards,
which--
[(i) meet all of the criteria in
this subsection and any regulations
regarding such standards and
assessments that the Secretary may
publish; and
[(ii) are applicable to all
students served by each such local
educational agency.
[(6) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
[(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will, beginning
not later than school year 2002-2003, provide for an
annual assessment of English proficiency (measuring
students' oral language, reading, and writing skills in
English) of all students with limited English
proficiency in the schools served by the State
educational agency, except that the Secretary may
provide the State 1 additional year if the State
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(1)(D),
1114(b), and 1115(c) that is applicable to such
agency or school;
[(B) how the State educational agency will
assist each local educational agency and school
affected by the State plan to provide
additional educational assistance to individual
students assessed as needing help to achieve
the State's challenging academic achievement
standards;
[(C) the specific steps the State
educational agency will take to ensure that
both schoolwide programs and targeted
assistance schools provide instruction by
highly qualified instructional staff as
required by sections 1114(b)(1)(C) and
1115(c)(1)(E), including steps that the State
educational agency will take to ensure that
poor and minority children are not taught at
higher rates than other children by
inexperienced, unqualified, or out-of-field
teachers, and the measures that the State
educational agency will use to evaluate and
publicly report the progress of the State
educational agency with respect to such steps;
[(D) an assurance that the State
educational agency will assist local
educational agencies in developing or
identifying high-quality effective curricula
aligned with State academic achievement
standards and how the State educational agency
will disseminate such curricula to each local
educational agency and school within the State;
and
[(E) such other factors the State
educational agency determines appropriate to
provide students an opportunity to achieve the
knowledge and skills described in the
challenging academic content standards adopted
by the State.
[(9) Factors affecting student achievement.--Each
State plan shall include an assurance that the State
educational agency will coordinate and collaborate, to
the extent feasible and necessary as determined by the
State educational agency, with agencies providing
services to children, youth, and families, with respect
to local educational agencies within the State that are
identified under section 1116 and that request
assistance with addressing major factors that have
significantly affected the academic achievement of
students in the local educational agency or schools
served by such agency.
[(10) Use of academic assessment results to improve
student academic achievement.--Each State plan shall
describe how the State educational agency will ensure
that the results of the State assessments described in
paragraph (3)--
[(A) will be promptly provided to local
educational agencies, schools, and teachers in
a manner that is clear and easy to understand,
but not later than before the beginning of the
next school year; and
[(B) be used by those local educational
agencies, schools, and teachers to improve the
educational achievement of individual students.
[(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
[(1) the State educational agency will meet the
requirements of subsection (h)(1) and, beginning with
the 2002-2003 school year, will produce the annual
State report cards described in such subsection, except
that the Secretary may provide the State educational
agency 1 additional year if the State educational
agency demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period;
[(2) the State will, beginning in school year 2002-
2003, participate in biennial State academic
assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
[(3) the State educational agency, in consultation
with the Governor, will include, as a component of the
State plan, a plan to carry out the responsibilities of
the State under sections 1116 and 1117, including
carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies;
[(4) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools, including technical assistance in providing
professional development under section 1119, technical
assistance under section 1117, and technical assistance
relating to parental involvement under section 1118;
[(5)(A) where educational service agencies exist,
the State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(B) where educational service agencies do not
exist, the State educational agency will consider
providing professional development and technical
assistance through other cooperative agreements such as
through a consortium of local educational agencies;
[(6) the State educational agency will 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 will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(7) 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;
[(8) the State educational agency will inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic achievement;
[(9) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
[(10) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
[(11) the State educational agency has involved the
committee of practitioners established under section
1903(b) in developing the plan and monitoring its
implementation;
[(12) the State educational agency will inform
local educational agencies in the State of the local
educational agency's authority to transfer funds under
title VI, to obtain waivers under part D of title IX,
and, if the State is an Ed-Flex Partnership State, to
obtain waivers under the Education Flexibility
Partnership Act of 1999;
[(13) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate; and
[(14) the State educational agency will encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
secondary school diploma or its recognized equivalent
or who have low levels of literacy.
[(d) Parental Involvement.--Each State plan shall describe
how the State educational agency will support the collection
and dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
[(1) be based on the most current research that
meets the highest professional and technical standards,
on effective parental involvement that fosters
achievement to high standards for all children; and
[(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement experienced.
[(e) 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, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students;
[(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
subsection (a), (b), or (c), 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 subsections
(a), (b), and (c); 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 it is
necessary to satisfy the requirements of this section.
[(f) Duration of the Plan.--
[(1) In general.--Each State plan shall--
[(A) remain in effect for the duration of
the State's participation under this part; 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.
[(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 a new definition of adequate yearly
progress, such information shall be submitted to the
Secretary.
[(g) Penalties.--
[(1) Failure to meet deadlines enacted in 1994.--
[(A) In general.--If a State fails to meet
the deadlines established by the Improving
America's Schools Act of 1994 (or under any
waiver granted by the Secretary or under any
compliance agreement with the Secretary) for
demonstrating that the State has in place
challenging academic content standards and
student achievement standards, and a system for
measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25
percent of the funds that would otherwise be
available to the State for State administration
and activities under this part in each year
until the Secretary determines that the State
meets those requirements.
[(B) No extension.--Notwithstanding any
other provision of law, 90 days after the date
of enactment of the No Child Left Behind Act of
2001 the Secretary shall not grant any
additional waivers of, or enter into any
additional compliance agreements to extend, the
deadlines described in subparagraph (A) for any
State.
[(2) Failure to meet requirements enacted in
2001.--If a State fails to meet any of the requirements
of this section, other than the requirements described
in paragraph (1), then the Secretary may withhold funds
for State administration under this part until the
Secretary determines that the State has fulfilled those
requirements.
[(h) Reports.--
[(1) Annual state report card.--
[(A) In general.--Not later than the
beginning of the 2002-2003 school year, unless
the State has received a 1-year extension
pursuant to subsection (c)(1), a State that
receives assistance under this part shall
prepare and disseminate an annual State report
card.
[(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,
on student achievement at each
proficiency level on the State academic
assessments described in subsection
(b)(3) (disaggregated by race,
ethnicity, gender, disability status,
migrant status, English proficiency,
and status as economically
disadvantaged, except that such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student);
[(ii) information that provides a
comparison between the actual
achievement levels of each group of
students described in subsection
(b)(2)(C)(v) and the State's annual
measurable objectives for each such
group of students on each of the
academic assessments required under
this part;
[(iii) the percentage of students
not tested (disaggregated by the same
categories and subject to the same
exception described in clause (i));
[(iv) the most recent 2-year trend
in student achievement in each subject
area, and for each grade level, for
which assessments under this section
are required;
[(v) aggregate information on any
other indicators used by the State to
determine the adequate yearly progress
of students in achieving State academic
achievement standards;
[(vi) graduation rates for
secondary school students consistent
with subsection (b)(2)(C)(vi);
[(vii) information on the
performance of local educational
agencies in the State regarding making
adequate yearly progress, including the
number and names of each school
identified for school improvement under
section 1116; and
[(viii) 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
highly 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.
[(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools. Such information may include
information regarding--
[(i) school attendance rates;
[(ii) average class size in each
grade;
[(iii) academic achievement and
gains in English proficiency of limited
English proficient students;
[(iv) the incidence of school
violence, drug abuse, alcohol abuse,
student suspensions, and student
expulsions;
[(v) the extent and type of
parental involvement in the schools;
[(vi) the percentage of students
completing advanced placement courses,
and the rate of passing of advanced
placement tests; and
[(vii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State evaluates school performance,
and the criteria that the State has
established, consistent with subsection
(b)(2), to determine the status of
schools regarding school improvement,
corrective action, and restructuring.
[(2) Annual local educational agency report
cards.--
[(A) Report cards.--
[(i) In general.--Not later than
the beginning of the 2002-2003 school
year, a local educational agency that
receives assistance under this part
shall prepare and disseminate an annual
local educational agency report card,
except that the State educational
agency may provide the local
educational agency 1 additional year if
the local educational agency
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the local educational
agency, prevented full implementation
of this paragraph by that deadline and
that the local educational agency will
complete implementation within the
additional 1-year period.
[(ii) Special rule.--If a State
educational agency has received an
extension pursuant to subsection
(c)(1), then a local educational agency
within that State shall not be required
to include the information required
under paragraph (1)(C) in such report
card during such extension.
[(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(c) and how long the
schools have been so
identified; and
[(II) information that
shows how students served by
the local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole; and
[(ii) in the case of a school--
[(I) whether the school has
been identified for school
improvement; and
[(II) information that
shows how the school's students
achievement on the statewide
academic assessments and other
indicators of adequate yearly
progress 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, not later than the
beginning of the 2002-2003 school year, unless
the local educational agency has received a 1-
year extension pursuant to subparagraph (A),
publicly disseminate the information described
in this paragraph to all schools in the school
district served by the local educational agency
and to all parents of students attending those
schools in an 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, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
[(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the enactment of the No Child Left Behind Act of
2001 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) 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) beginning with school year 2002-2003,
information on the State's progress in
developing and implementing the academic
assessments described in subsection (b)(3);
[(B) beginning not later than school year
2002-2003, information on the achievement of
students on the academic assessments required
by subsection (b)(3), including the
disaggregated results for the categories of
students identified in subsection (b)(2)(C)(v);
[(C) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including
disaggregated results) required under this
section;
[(D) beginning not later than school year
2002-2003, unless the State has received an
extension pursuant to subsection (c)(1),
information on the acquisition of English
proficiency by children with limited English
proficiency;
[(E) the number and names of each school
identified for school improvement under section
1116(c), the reason why each school was so
identified, and the measures taken to address
the achievement problems of such schools;
[(F) the number of students and schools
that participated in public school choice and
supplemental service programs and activities
under this title; and
[(G) beginning not later than the 2002-2003
school year, information on the quality of
teachers and the percentage of classes being
taught by highly qualified teachers in the
State, local educational agency, and school.
[(5) 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).
[(6) Parents right-to-know.--
[(A) 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 that
the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
[(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
[(ii) Whether the teacher is
teaching under emergency or other
provisional status through which State
qualification or licensing criteria
have been waived.
[(iii) The baccalaureate degree
major of the teacher and any other
graduate certification or degree held
by the teacher, and the field of
discipline of the certification or
degree.
[(iv) Whether the child is provided
services by paraprofessionals and, if
so, their qualifications.
[(B) Additional information.--In addition
to the information that parents may request
under subparagraph (A), a school that receives
funds under this part shall provide to each
individual parent--
[(i) information on the level of
achievement of the parent's child in
each of the State academic assessments
as required under this part; and
[(ii) timely notice that the
parent's child has been assigned, or
has been taught for four or more
consecutive weeks by, a teacher who is
not highly qualified.
[(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.
[(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
[(j) 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 high-quality academic assessments, the
setting of State standards, the development of measures of
adequate yearly progress that are valid and reliable, and other
relevant areas.
[(k) 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.
[(l) Construction.--Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
[(m) Special Rule With Respect to Bureau-Funded Schools.--
In determining the assessments to be used by each operated or
funded by BIA school receiving funds under this part, the
following shall apply:
[(1) Each such school that is accredited by the
State in which it is operating shall use the
assessments the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment as approved by the Secretary of
the Interior.
[(2) Each such school that is accredited by a
regional accrediting organization shall adopt an
appropriate assessment, in consultation with and with
the approval of, the Secretary of the Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
[(3) Each such school that is accredited by a
tribal accrediting agency or tribal division of
education shall use an assessment developed by such
agency or division, except that the Secretary of the
Interior shall ensure that such assessment meets the
requirements of this section.]
SEC. 1111. STATE AND LOCAL REQUIREMENTS.
(a) Academic Standards, Academic Assessments, and
Accountability Requirements.--
(1) Requirements for college and career ready state
standards.--In order to receive a grant for the program
under this subpart and subpart 2, each State shall
demonstrate the State meets the following requirements:
(A) College and career ready aligned
standards for reading or language arts and
mathematics.--
(i) In general.--The State shall--
(I) not later than December
31, 2014, adopt college and
career ready academic content
standards in reading or
language arts and mathematics
that meet the requirements of
clauses (ii) and (iii); and
(II) not later than the
beginning of the 2015-2016
school year, adopt college and
career ready student academic
achievement standards in
reading or language arts and
mathematics that meet the
requirements of clauses (ii)
and (iv).
(ii) Alignment of college and
career ready standards.--Each State
plan shall demonstrate the State has
adopted college and career ready
academic content standards and college
and career ready student academic
achievement standards aligned with--
(I)(aa) credit-bearing
academic coursework, without
the need for remediation, at
public institutions of higher
education in the State;
(bb) relevant State career
and technical education
standards and the State
performance measures identified
in the State plan under section
113(b) of the Carl D. Perkins
Career and Technical Education
Act of 2006; and
(cc) appropriate career
skills; or
(II) standards that are
State-developed and voluntarily
adopted by a significant number
of States.
(iii) Requirements for academic
content standards.--College and career
ready academic content standards
shall--
(I) be used by the State,
and by local educational
agencies, public elementary
schools, and public secondary
schools in the State, to carry
out the requirements of this
part;
(II) be the same standards
that the State applies to all
public elementary and secondary
schools and students in the
State;
(III) include the same
knowledge, skills, and levels
of achievement expected of all
elementary and secondary school
students in the State; and
(IV) be evidence-based and
include rigorous content and
skills, such as critical
thinking, problem solving, and
communication skills.
(iv) Requirements for student
academic achievement standards.--
College and career ready student
academic achievement standards for a
subject shall--
(I) be aligned with the
State's academic content
standards described in clause
(iii); and
(II) establish the level of
performance expected for each
grade level that demonstrates
the student has mastered the
material in the State academic
content standards for that
grade.
(B) Science standards.--A State--
(i) shall demonstrate that the
State has adopted, by not later than
December 31, 2014, statewide academic
content standards and student academic
achievement standards in science that
are aligned with the knowledge and
skills needed to be college and career
ready, as described in subparagraph
(A)(ii); and
(ii) may choose to use such
standards as part of the State's
accountability system under paragraph
(3), if such standards meet the
requirements of clauses (ii) through
(iv) of subparagraph (A).
(C) Standards for other subjects.--If a
State adopts high-quality academic content
standards and student academic achievement
standards in subjects other than reading or
language arts, mathematics, and science, such
State may choose to use such standards as part
of the State's accountability system,
consistent with section 1116.
(D) Alternate academic achievement
standards for students with the most
significant cognitive disabilities.--
(i) In general.--The State may,
through a documented and validated
standards-setting process, adopt
alternate academic achievement
standards in any subject included in
the State's accountability system under
paragraph (3) for students with the
most significant cognitive
disabilities, if--
(I) the determination about
whether the achievement of an
individual student should be
measured against such standards
is made separately for each
student in each subject being
assessed;
(II) all students who use
such alternate academic
achievement standards in a
subject are assessed using the
alternate assessments for such
subject described in paragraph
(2)(E); and
(III) such alternate
academic achievement
standards--
(aa) are aligned
with the State college
and career ready
academic content
standards;
(bb) provide access
to the general
curriculum and the
student academic
achievement standards;
and
(cc) reflect
professional judgment
as to the highest
possible standards
achievable by such
student.
(ii) Prohibition on any other
alternate or modified standards.--A
State shall not develop, or implement
for use, under this part any alternate
or modified academic achievement
standards for students who are children
with disabilities that are not
alternate academic achievement
standards that meet the requirements of
clause (i).
(E) English language proficiency
standards.--A State shall, not later than
December 31, 2015, adopt high-quality English
language proficiency standards that--
(i) are aligned with the State's
academic content standards in reading
or language arts under subparagraph (A)
so that achieving English language
proficiency, as measured by the State's
English language proficiency standards,
indicates a sufficient knowledge of
English to allow the State to validly
and reliably measure the student's
achievement on the State's reading or
language arts student academic
achievement standards with no
interventions designed to support
English learners specifically;
(ii) ensure proficiency in English
for each of the domains of speaking,
listening, reading, and writing;
(iii) identify not less than 4
levels of English proficiency;
(iv) address the different
proficiency levels of English learners
and set high expectations regarding
academic achievement and linguistic
proficiency for English learners at all
levels of proficiency;
(v) are updated, not later than 1
year after the State adopts any new
academic content standards in reading
or language arts under this paragraph,
in order to align the English language
proficiency standards with the new
content standards; and
(vi) support teachers as teachers
enhance instruction to support English
learners.
(F) Early learning guidelines and early
grade standards.--A State that uses funds
provided under this subpart or subpart 2 to
support early childhood education shall provide
an assurance that, not later than December 31,
2015, the State will establish, or certify the
existence of, early learning guidelines and
early grade standards in accordance with the
following:
(i) Early learning guidelines.--In
consultation with the State Advisory
Council on Early Childhood Education
and Care, the lead agency designated
under section 658D of the Child Care
and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.), and the State
educational agency, the State shall
complete a review, and revise or
create, as necessary, the State's early
learning guidelines for young children
in order to promote developmentally
appropriate, high-quality programs.
Such guidelines shall--
(I) address each of the age
groups of infants, toddlers,
and preschool-aged children;
(II) be developed, as
appropriate, in all domains of
child development and learning
(including language, literacy,
mathematics, creative arts,
science, social studies, social
and emotional development,
approaches to learning, and
physical and health
development) for each age
group;
(III) reflect research and
evidence-based developmental
and learning expectations,
including the foundation for
and progression in how children
develop and learn the requisite
skills and content from one
stage into the next, including
what young children should know
and be able to do;
(IV) address the cultural
and linguistic diversity and
the diverse abilities of young
children, including infants,
toddlers, and preschoolers with
disabilities;
(V) inform teaching
practices, improve professional
development, and support high-
quality services in early
childhood education programs;
(VI) be made publicly
available, including through
electronic means; and
(VII) for pre-school age
children, appropriately assist
in the transition of such
children to kindergarten.
(ii) Early grade standards.--In
consultation with the State Advisory
Council on Early Childhood Education
and Care, the lead agency designated
under section 658D of the Child Care
and Development Block Grant of 1990 (42
U.S.C. 9858 et seq.), and the State
educational agency, the State shall
establish or review and revise, as
needed, standards for kindergarten
through grade 3 aligned with the
college and career ready academic
content and student academic
achievement standards described in
subsection (a)(1)(A) to ensure that
such standards--
(I) are developed in all
domains of child development
and learning (including
cognitive, language, literacy,
mathematics, creative arts,
science, social studies, social
and emotional development,
physical development and
health, and approaches to
learning);
(II) reflect research and
evidence-based development and
learning expectations for each
level and address cultural,
linguistic, and ability-level
diversity; and
(III) across grade levels,
reflect progression in how
children develop and learn the
requisite skills and content
from earlier grades forward,
including preschool.
(G) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before, on, or after
the date of enactment of the Strengthening
America's Schools Act of 2013.
(H) Construction.--Nothing in this section
shall be construed to authorize the Secretary
or other officer or employee of the Federal
Government to mandate, direct, or control a
State's college and career ready academic
content or student academic achievement
standards under this paragraph.
(2) Academic assessments.--
(A) State assessments.--The State shall,
beginning not later than the beginning of the
2015-2016 school year, adopt and implement a
set of statewide assessments that--
(i) includes statewide assessments
in reading or language arts, and
mathematics, annually for grades 3
through 8 and not less frequently than
once during grades 10 through 12,
that--
(I) are aligned with the
State's academic content
standards in such subjects
under paragraph (1)(A);
(II) are administered to
all public elementary and
secondary school students in
the State;
(III) measure the
individual academic achievement
of a student;
(IV) assess the student's
academic achievement based on
the State's student academic
achievement standards in the
subject in order to measure--
(aa) whether the
student is performing
at the student's grade
level; and
(bb) the specific
grade level at which
the student is
performing in the
subject;
(V) measure individual
student academic growth,
including a measurement of the
number of years of academic
growth each student attains
each year; and
(VI) may, at the State's
choosing--
(aa) be
administered through a
single summative
assessment each year;
or
(bb) be
administered through
multiple statewide
assessments during the
course of the year if
the State can
demonstrate to the
Secretary's
satisfaction the
results of these
multiple assessments,
taken in their
totality, provide a
summative score that
provides valid and
reliable information on
individual student
academic growth, as
described in subclause
(V);
(ii) includes statewide assessments
in science, not less than once during
each of the grade spans of grades 3
through 5, 6 through 9, and 10 through
12, that--
(I) assess the student's
academic achievement based on
the State's student academic
achievement standards in
science in order to measure--
(aa) whether the
student is performing
at the student's grade
level; and
(bb) the specific
grade level at which
the student is
performing in the
subject; and
(II) measure individual
student academic growth,
including a measurement of the
number of years of academic
growth each student attains
each year;
(iii) includes the English language
proficiency assessments described in
subparagraph (D) and any alternate
assessment described in subparagraph
(E); and
(iv) at the discretion of the
State, measure the proficiency of
students in the other academic subjects
for which the State has adopted
academic content standards and student
academic achievement standards under
paragraph (1)(C).
(B) Requirements for assessments.--The
assessments administered under this paragraph
shall--
(i) be the same academic
assessments used to measure the
achievement of all students, although
the individual assessment items
administered to a student in order to
determine the specific grade level at
which a student is performing may vary;
(ii) be used only for purposes for
which such assessments are valid and
reliable, and be consistent with
relevant, nationally recognized
professional and technical standards;
(iii) be used only if the State
educational agency provides to the
Secretary evidence that the assessments
used are of adequate technical quality
for each purpose required under this
Act and are consistent with the
requirements of this section, which
evidence the Secretary may make public;
(iv) involve multiple up-to-date
measures of student academic
achievement, including measures that--
(I) assess the full range
of academic content and student
academic achievement standards
under subsection (a)(1) that
students are expected to
master;
(II) measure students'
mastery of content knowledge
and their ability to use
knowledge to think critically
and solve problems, and to
communicate effectively; and
(III) may be partially
delivered in the form of
portfolios, projects, or
extended performance tasks;
(v) provide for--
(I) the participation in
such assessments of all
students; and
(II) the inclusion of
English learners, who shall be
assessed in a valid and
reliable manner and provided
reasonable accommodations on
assessments administered to
such students under this
paragraph, including, to the
extent practicable, assessments
in the language and form most
likely to yield accurate data
on what such students know and
can do in academic content
areas, until such students have
achieved English language
proficiency as determined under
subparagraph (D), except that
the State may exempt any
English learner at the lowest
levels of English language
proficiency from the reading or
language arts assessment for
not more than 2 years following
the date of the student being
identified as an English
learner;
(vi)(I) incorporate the principles
of universal design, as defined in
section 3 of the Assistive Technology
Act of 1998 (29 U.S.C. 3002), to allow
for the greatest possible access for
all students;
(II) provide for the reasonable
adaptations for children with
disabilities necessary to measure the
academic achievement of such children
in a subject, relative to the State
academic content standards and State
student academic achievement standards
under paragraph (1) for such subject;
(III) provide for the valid and
reliable accommodations for children
with disabilities necessary to measure
the academic achievement of such
children in a subject, relative to the
State academic content standards and
State student academic achievement
standards under paragraph (1) for such
subject; and
(IV) assess children with
disabilities using the same, unmodified
academic content standards used to
measure children without disabilities
in the same grade level, except in the
case of alternate assessments
administered in accordance with
subparagraph (E);
(vii) notwithstanding clause
(v)(II), include the academic
assessment (using tests written in
English) of reading or language arts of
any student who has attended school in
the United States (not including Puerto
Rico) for 3 or more consecutive school
years, except that, if the local
educational agency determines, on a
case-by-case individual basis, that
academic assessments in another
language or form would likely yield
more accurate and reliable information
on what such student knows and can do,
the local educational agency may make a
determination to assess such student in
the appropriate language other than
English for a period that does not
exceed 2 additional consecutive years,
if such student has not yet reached a
level of English language proficiency
sufficient to yield valid and reliable
information on what such student knows
and can do on tests (written in
English) of reading or language arts;
(viii) include students who have
attended schools in a local educational
agency for a full academic year but
have not attended a single school for a
full academic year, except the
performance of students who have
attended more than 1 school in the
local educational agency in any
academic year shall be used only in
determining the progress of the local
educational agency;
(ix) produce individual student
interpretive, descriptive, and
diagnostic reports that--
(I) allow parents,
teachers, and principals to
understand and address the
specific academic needs of
students and include
information regarding
achievement on the academic
assessments aligned with State
academic achievement standards;
and
(II) are provided to
parents, teachers, and
principals as soon as is
practicably possible after the
assessment is given, in an
understandable and uniform
format, and to the extent
practicable, in a language that
parents can understand;
(x) enable results to be
disaggregated within the State, local
educational agency, and school by
gender, each major racial and ethnic
group, English proficiency status,
migrant status, status as a student
with a disability, and economically
disadvantaged status, except that
disaggregation shall not be required
for any subgroup that would include 15
or less students, so as to not reveal
personally identifiable information
about an individual student;
(xi) be consistent with widely
accepted professional testing standards
and objectively measure academic
achievement, knowledge, and skills;
(xii) enable itemized score
analyses to be produced and reported,
consistent with clause (ii), to local
educational agencies and schools, so
that parents, teachers, principals, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items;
(xiii) produce student achievement
and other student data that can be used
to inform determinations of individual
principal and teacher effectiveness for
purposes of evaluation and for
determining the needs of principals and
teachers for professional development
and support;
(xiv) be administered to not less
than 95 percent of all students, and
not less than 95 percent of each
subgroup of students described in
clause (x), who are enrolled in the
school; and
(xv) in the case of digital
assessments or any digital assessment
content that is adopted, procured,
purchased, or developed for the
assessments, incorporate the principles
of universal design, as defined in
section 3 of the Assistive Technology
Act of 1998 (29 U.S.C. 3002) and be
interoperable and accessible for all
students, including students who are
children with disabilities.
(C) Languages of assessments.--The State
shall identify the languages other than English
that are present in the participating student
population in the State and indicate, in the
State's plan under subsection (b), the
languages for which yearly student academic
assessments included in the State's
accountability system under paragraph (3) are
not available and are needed. The State shall
make every effort to develop assessments in
such languages and may request assistance from
the Secretary if linguistically accessible
academic assessments are needed. Upon request,
the Secretary shall assist with the
identification of appropriate academic
assessments in such languages, but shall not
mandate a specific academic assessment or mode
of instruction.
(D) Assessments of english language
proficiency.--
(i) In general.--Each State plan
shall demonstrate that local
educational agencies in the State will,
not later than the beginning of the
2015-2016 school year, provide for the
annual assessment of English language
proficiency of all English learners in
the schools served by the State
educational agency.
(ii) Requirements.--The English
language proficiency assessment
described in clause (i) shall--
(I) be aligned with the
State's English language
proficiency standards under
paragraph (1)(E);
(II) be designed to
measure, in a valid and
reliable manner, student
progress toward, and attainment
of, English language
proficiency;
(III) reflect the academic
language that is required for
success on the State's academic
assessments, consistent with
paragraph (1)(E)(v); and
(IV) measure each student's
progress in achieving the
levels of English proficiency
established under the State
English language proficiency
standards, as described in
paragraph (1)(E)(iii).
(E) Alternate assessments for students with
the most significant cognitive disabilities.--A
State may provide alternate assessments that
are aligned with alternate academic achievement
standards described in paragraph (1)(D) for
students with the most significant cognitive
disabilities, if the State--
(i) ensures that for each subject,
the total number of students in each
grade level assessed in such subject
using the alternate assessments does
not exceed 1 percent of the total
number of all students in such grade
level in the State who are assessed in
such subject;
(ii) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education
program teams (as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act) to apply in
determining, on a subject-by-subject
basis, when a child's significant
cognitive disability justifies
assessment based on alternate academic
achievement standards;
(iii) ensures that parents of the
students whom the State plans to assess
using alternate assessments are
involved in the decision that their
child's academic achievement will be
measured against alternate academic
achievement standards, consistent with
section 614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities Education
Act, and are informed whether
participation in such assessment may
preclude the student from completing
the requirements for a regular
secondary school diploma, as determined
by the State;
(iv) provides evidence that
students with the most significant
cognitive disabilities are, to the
maximum extent practicable, included in
the general curriculum and in
assessments aligned with such
curriculum, as described in section
601(c)(5)(A) of the Individuals with
Disabilities Education Act;
(v) certifies, consistent with
section 612(a)(16)(A) of such Act, the
State's regular academic assessments
described in subparagraphs (A), (C),
and (D) are universally designed to be
accessible to students, including
students with sensory, physical, and
intellectual disabilities, through the
provision of reasonable adaptations and
valid and reliable accommodations that
produce valid results;
(vi) develops, disseminates
information about, makes available, and
promotes the use of reasonable
adaptations and valid and reliable
accommodations to increase the number
of students with the most significant
cognitive disabilities participating in
grade-level academic instruction and
assessments aligned with grade-level
academic standards, and promotes the
use of appropriate accommodations to
increase the number of students with
the most significant cognitive
disabilities who are tested against
grade-level academic achievement
standards;
(vii) takes steps to ensure regular
and special education teachers and
other appropriate staff know how to
administer assessments, including how
to make appropriate use of reasonable
adaptations and valid and reliable
accommodations for such assessments,
for students with the most significant
cognitive disabilities; and
(viii) requires separate
determinations about whether a student
should be assessed using an alternate
assessment for each subject assessed.
(F) Computer adaptive assessment.--A State
may develop and administer computer adaptive
assessments as the assessments required under
subparagraph (A). If a State develops and
administers a computer adaptive assessment for
such purposes, the assessment shall meet the
requirements of this paragraph.
(G) Reducing duplicative assessment.--The
State shall--
(i) include, in the State plan
under subsection (b), a description of
how the State will regularly analyze
assessment and accommodations practice
and use, and reduce duplicative
assessment where appropriate; and
(ii) ensure that the local
educational agencies report, as
required under subsection (d)(5)(C),
regarding all assessments required by
Federal, State, or local laws,
regulations, or policies.
(3) State-designed accountability systems.--
(A) Accountability system.--Each State
shall, not later than the beginning of the
2014-2015 school year, demonstrate the State
educational agency has developed and is
implementing a single, statewide accountability
system that--
(i) annually measures and reports
on the achievement and academic growth
of students in all public elementary
schools and secondary schools and local
educational agencies in the State, in
accordance with subparagraph (B);
(ii) differentiates all local
educational agencies and all schools in
the State according to academic
achievement and student academic
growth, English language proficiency
and growth for English learners, and,
for high schools, graduation rates, for
all students and for each subgroup
described in paragraph (2)(B)(x);
(iii) expects the continuous
improvement of all public schools in
the State in the academic achievement
and academic growth of all students,
including the subgroups of students
described in subparagraph (D), and
establishes ambitious and achievable
annual performance targets in
accordance with subparagraph (C);
(iv) annually identifies schools
that need supports and interventions to
prepare college and career ready
students;
(v) provides for the improvement,
through supports and interventions that
address student needs, of all local
educational agencies with schools not
identified under section 1116(d) that
are not meeting performance targets for
subgroups described in subparagraph
(D);
(vi) develops the capacity of local
educational agencies and schools to
effectively educate their students and
continuously improve;
(vii) recognizes, and encourages
other local educational agencies to
replicate, the practices of local
educational agencies and schools that
are successful in effecting significant
student achievement or student academic
growth; and
(viii) meets the requirements of
section 1116.
(B) Measurement of achievement and academic
growth.--
(i) In general.--The State
accountability system shall measure
student achievement and academic growth
toward the college and career ready
academic content and student academic
achievement standards under paragraph
(1) by annually measuring and reporting
on, in the aggregate and for each
subgroup described in subparagraph
(D)--
(I) the number and
percentage of students who are
in each category described in
clause (ii), for each grade and
subject covered by an academic
assessment included in the
accountability system, based on
the State academic assessments
for the subject; and
(II) for each such category
of students--
(aa) the number and
percentage of students
for each grade and
subject who are meeting
or exceeding the State
student academic
achievement standards
or are achieving
sufficient academic
growth, as described in
clause (iii); and
(bb) the number and
percentage of students
for each grade and
subject who have not
achieved sufficient
academic growth, as
described in such
clause.
(ii) Categories of students.--The
State educational agency shall
establish not less than 3 categories of
students, which shall include the
following:
(I) A category consisting
of students who are meeting or
exceeding the State student
academic achievement standards
under paragraph (1) in a
subject for the students' grade
level, as determined based on
the State academic assessments
under paragraph (2).
(II) A category consisting
of students whose proficiency
in a subject is below grade
level and who are achieving
sufficient academic growth, as
described in clause (iii).
(III) A category consisting
of students whose proficiency
in a subject is below grade
level and who are not achieving
sufficient academic growth, as
described in clause (iii).
(iii) Sufficient academic growth.--
For purposes of this section,
sufficient academic growth for a
student means--
(I) a rate of academic
growth, based on a comparison
of the student's performance on
the most recent State academic
assessment with the preceding
State academic assessment or
combination of preceding State
academic assessments, is such
that the student will be
performing at or above grade
level within 3 years;
(II) a rate of academic
growth, based on a comparison
of the student's performance on
the most recent State academic
assessment with the preceding
State academic assessment or
combination of preceding State
academic assessments, is such
that the student will be
performing at or above grade
level by the end of the grade
span of which, for purposes of
this section, shall be the
grade spans of grades 3 through
5, 6 through 8, and 9 through
12; or
(III) another aggressive
academic growth model approved
by the Secretary that supports
the State performance targets
under subparagraph (C).
(C) Performance targets.--
(i) In general.--Each State shall
establish, after requesting and
receiving input from the local
educational agencies of the State,
ambitious and achievable annual
performance targets for the State, for
local educational agencies in the
State, and for public elementary
schools and secondary schools, for each
subject and grade level assessed under
paragraph (2), that--
(I) are adopted from the
waiver agreement entered into
with the Secretary through the
authority under section 9401
before the date of enactment of
the Strengthening America's
Schools Act of 2013;
(II) subject to approval by
the Secretary--
(aa) set a goal for
every public school to
meet the achievement
level of the highest-
performing 10 percent
of schools in the State
as of the date of the
application submission,
based on the percentage
of students meeting or
exceeding the State
academic content and
student academic
achievement standards;
(bb) require annual
progress toward that
goal for all students,
including all subgroups
of students consistent
with subparagraph (D),
within a specified
reasonable time period;
and
(cc) ensure
accelerated progress
for the subgroups of
students described in
item (bb) that start
with the lowest levels
of student achievement;
or
(III) are equally ambitious
to the performance targets
described in subclauses (I) and
(II) and are approved by the
Secretary.
(ii) Performance areas.--The
performance targets required under this
subparagraph shall include targets
for--
(I) student proficiency, as
described in subparagraph
(B)(ii)(I);
(II) student academic
growth, as determined in
accordance with subparagraph
(B);
(III) English language
proficiency for English
learners, as measured by the
number of students who are on
track to achieving English
proficiency, as described in
paragraph (1)(E)(i), by not
later than 5 years after being
identified as English learners;
and
(IV) for high schools,
graduation rates.
(iii) Baselines.--Each State shall
use student performance on the State's
academic assessments used for purposes
of receiving funds under the program
under this subpart and subpart 2 for
the 2014-2015 school year as the
baseline for the performance targets,
subject to paragraph (5)(B)(iv) and
subsection (b)(3)(C).
(iv) Additional measures and
performance targets.--A State may
develop other measures and performance
targets to provide school personnel,
parents, and community members with
information about the effectiveness of
schools in closing performance gaps
among subgroups and bringing all
students to proficiency, except that
any such measure shall not classify
individuals who have not attained a
high school diploma but have earned a
recognized equivalent of such diploma
as graduating from high school.
(D) Subgroups of students.--The subgroups
described in this subparagraph shall be
obtained by disaggregating students enrolled in
a school by each major racial and ethnic group,
English proficiency status, status as a child
with a disability, and economically
disadvantaged status, except that a school
shall not be required to disaggregate for any
subgroup that includes 15 or less students if
such disaggregation would result in the
disclosure of personally identifiable
information.
(E) Subjects covered.--The State shall
include in the accountability system the
subjects of reading or language arts and
mathematics, and may include science and any
other subject that the State chooses through
its State plan, if the State has adopted
academic content standards and student academic
achievement standards under paragraph (1)(C)
and assessments under subparagraphs (A)(iv) and
(B) of paragraph (2) for the subject.
(F) Accountability for charter schools.--
The accountability provisions under this Act
shall be overseen for public charter schools in
accordance with State charter school law.
(G) Students with the most significant
cognitive disabilities.--In determining the
percentage of students who are meeting or
exceeding the State student academic
achievement standards or are achieving
sufficient academic growth as described in
subparagraph (B)(iii), for a subject for any
purpose under this section or section 1116 or
1131, a State educational agency may include,
for all schools in the State, the performance
of the State's students with the most
significant cognitive disabilities on alternate
assessments as described in paragraph (2)(E) in
the subjects included in the State's
accountability system, consistent with the 1
percent limitation of paragraph (2)(E)(i).
(4) Voluntary partnerships.--A State may enter into
a voluntary partnership with another State to develop
and implement the academic assessments, academic
content standards, and student academic achievement
standards required under this section.
(5) Transition provisions.--
(A) In general.--The Secretary shall take
such steps as are necessary to provide for the
orderly transition between the accountability
systems required under subsection (b)(2), as
such section was in effect on the day before
the date of enactment of the Strengthening
America's Schools Act of 2013, and the new
accountability systems required under this
subsection, including the transition steps
described in subparagraph (B).
(B) Transition steps.--To enable the
successful transition to the provisions of this
part, as amended by the Strengthening America's
Schools Act of 2013, each State educational
agency receiving funds under this part shall--
(i) beginning on the date of
enactment of the Strengthening
America's Schools Act of 2013--
(I) administer assessments,
as required under paragraph
(2), as amended by such Act,
that measure and assess the
college and career ready
academic content standards and
student academic achievement
standards described in
paragraph (1), as amended by
such Act; and
(II) with respect to any
reporting provision under this
part that requires the
disaggregation of students,
carry out such requirement
unless the number of students
in such subgroup is less than
15;
(ii) during the transition period,
continue all interventions, services,
and activities required under section
1116(b), as in effect on the day before
the date of enactment of such Act, for
schools identified for corrective
action under such section 1116(b)(7);
(iii) after 2 years of using the
assessments described in clause (i)(I),
establish a new baseline, as described
in paragraph (3)(C)(iii), using the new
assessment data; and
(iv) implement this section and
section 1116, as amended by such Act,
except that the State shall not be
required to identify focus schools or
priority schools under subsection (c)
or (d) of section 1116 until 2 full
school years after the date of
enactment of such Act.
(C) End of transition.--The transition to
the requirements of this part, as amended by
the Strengthening America's Schools Act of
2013, shall be completed by not later than 2
years after the date of enactment of such Act.
(b) State Plans.--
(1) In general.--For any State desiring to receive
a grant under the program under this subpart and
subpart 2, the State educational agency shall submit to
the Secretary a plan, developed by the State
educational agency in consultation with local
educational agencies, teachers, principals, specialized
instructional support personnel, administrators, other
staff, representatives of Indian tribes located in the
State, and parents, that--
(A) demonstrates the State's compliance
with this section;
(B) is coordinated with the State plans
required by other programs under this Act, the
Individuals with Disabilities Education Act,
the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), the Carl D. Perkins Career and
Technical Education Act of 2006, the Head Start
Act, the Child Care and Development Block Grant
Act of 1990, and the Adult Education and Family
Literacy Act, and activities under title IX of
the Educational Amendments of 1972;
(C) provides an assurance the State will
continue to administer the academic assessments
required under paragraphs (3)(A) and (7) of
this subsection, as such paragraphs were in
effect on the day before the date of enactment
of the Strengthening America's Schools Act of
2013, and to include the results of such
assessments in the State's accountability
system, until the State has implemented the
assessments required under subsection (a)(2);
(D) provides an assurance the State will
participate in the biennial State academic
assessments of grade 4 and grade 8 reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of
Educational Progress Authorization Act (20
U.S.C. 9622(b)(2)) if the Secretary pays the
costs of administering such assessments;
(E) describes the State accountability
system under subsection (a)(3) and the State's
plan for blue ribbon schools under section 1131
(if the State chooses to carry out such
section), including how the plan will promote
postsecondary and career readiness;
(F) describes the process the State will
utilize to review local educational agency
plans submitted pursuant to section 1112,
including the parent and family engagement plan
described in section 1118 and other provisions
related to parent and family engagement;
(G) describes the support the State will
provide to local educational agencies for the
education of homeless children and youths, and
how the State will comply with the requirements
of subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act;
(H) describes how the State educational
agency has involved the committee of
practitioners established under section 1603(b)
in developing the plan and monitoring its
implementation;
(I) describes how the State educational
agency will coordinate with the State Advisory
Council on Early Childhood Education and Care,
as appropriate;
(J)(i) if the State funds full-day
kindergarten programs but does not provide
access to such programs for all children
eligible to attend kindergarten in the State,
describes how the State plans to increase the
number of students in the State who are
enrolled in full-day kindergarten and a
strategy to implement such a plan; and
(ii) if the State provides funding for
kindergarten programs but does not fund full-
day kindergarten programs, describes how the
State plans to establish such programs to
extend and strengthen the educational continuum
for children entering elementary school;
(K) provides an assurance that the State--
(i) has established a longitudinal
data system that includes all elements
described in section 6401(e)(2)(D) of
the America COMPETES Act (20 U.S.C.
9871 (e)(2)(D)), by the date required
under the terms for the allocation
received by the State through the State
Fiscal Stabilization Fund under section
14001 of the American Recovery and
Reinvestment Act of 2009 (Public Law
111-5, 123 Stat. 279); or
(ii) if the State was not subject
to any such requirement, will establish
such a system by a date approved the
Secretary;
(L) describes how the State and State
educational agency will comply with the
requirements of section 1501, and the State's
plan to ensure such compliance;
(M) in the case of a State that proposes to
use funds under this subpart or subpart 2 to
support positive behavioral interventions and
supports, describes how the State educational
agency will--
(i) assist local educational
agencies in implementing positive
behavioral interventions and supports
in schools served by the local
educational agency throughout the whole
school;
(ii) provide technical assistance
and training to local educational
agencies to improve and support the
development, implementation, and
coordination of comprehensive positive
behavioral interventions and supports
carried out under this Act with
activities carried out under the
Individuals with Disabilities Education
Act;
(iii) in coordination with local
educational agencies and schools,
implement positive, preventative
approaches to school discipline to
promote a positive school climate for
all students and reduce recidivism of
re-entering youth offenders and
disconnected youth; and
(iv) evaluate the effects of
providing positive behavioral
interventions and supports for all
students, including improvement of the
learning environment, academic
achievement, disciplinary problems such
as incidents of suspensions,
expulsions, referrals to law
enforcement, and other actions that
remove students from instruction, and
any other effects the State chooses to
evaluate;
(N) in the case of a State that proposes to
use funds under this subpart or subpart 2 to
support early intervening services, describes
how the State educational agency will--
(i) assist local educational
agencies in implementing early
intervening services in schools served
by the local educational agency to
reduce the need to label children as
children with disabilities in order to
address the learning and behavioral
needs of such children;
(ii) provide technical assistance
and training to local educational
agencies to improve coordination of
early intervening services provided
under this Act with early intervening
services carried out under the
Individuals with Disabilities Education
Act; and
(iii) evaluate the effects of
providing early intervening services;
(O) describes how the State will assist
local educational agencies in identifying
gifted and talented students, including high-
ability students who have not previously been
formally identified for gifted education
services, and implement educational approaches
at the elementary school and secondary school
levels to support the learning needs of gifted
and talented students to ensure that such
students make appropriate learning gains, such
as early entrance to kindergarten, enrichment,
acceleration, curriculum compacting, and dual
enrollment in secondary school and
postsecondary education;
(P) describes how the State educational
agency will--
(i) reduce suspensions, expulsions,
referrals to law enforcement, and other
disciplinary actions that remove
students from instruction;
(ii) facilitate, to the extent
practicable, the re-entry of juvenile
offenders and disconnected youth into
their local educational agencies;
(iii) in coordination with the
State department of corrections or
similar agency, ensure re-entering
juvenile offenders receive referrals to
a local educational agency and provide
that, for any juvenile who commits an
offense subject to school expulsion and
is subsequently committed to a
detention center, secure facility, or
any other residential placement within
the juvenile or adult criminal justice
system for such offense, the period of
expulsion shall run concurrently with
the period of commitment to the
detention center, secure facility, or
other residential placement; and
(iv) in coordination with local
educational agencies and schools,
provide annual and public reporting on,
in the aggregate, in-school
suspensions, out-of-school suspensions,
expulsions, referrals to law
enforcement, school-based arrests, and
disciplinary transfers (including
placements in alternative schools) in
the State;
(Q) describes how the State educational
agency will plan for pregnant and parenting
students to be enrolled, attend, and succeed in
school;
(R) describes how--
(i) for the first year following
the date of enactment of the
Strengthening America's Schools Act of
2013, the State educational agency will
provide for the equitable distribution
of elementary school teachers, and
secondary school teachers, within local
educational agencies and the State
using data on the percentage and
distribution of the categories of
teachers described in subparagraph (S)
as transitional measures of teacher
quality;
(ii) for each school year following
the first year after such date of
enactment, the State educational agency
will provide for the equitable
distribution of teachers within local
educational agencies and the State so
that low-income and minority children
are not taught at higher rates than
other children by teachers with the
lowest ratings in the State
professional growth and improvement
system; and
(iii) beginning not later than 1
year after such date of enactment, and
for each subsequent year, the State
will report to the Secretary the
percentage and distribution of teachers
in the State, based on the measures
used in the State, for each quartile of
schools based on school poverty level,
for high-minority schools, and for low-
minority schools; and
(S) describes how the State will annually
submit to the Secretary, for each quartile of
schools in the State based on school poverty
level and for high-minority schools and low-
minority schools in the State, data regarding
the percentage and distribution of the
following categories of teachers:
(i) Teachers who are not classified
as highly qualified teachers.
(ii) Teachers who are new.
(iii) Teachers who have not
completed a teacher preparation
program.
(iv) Teachers who are not teaching
in the subject or field for which the
teacher is certified or licensed.
(v) Beginning in any year for which
data are available from a professional
growth and improvement system, and not
later than the 2015-2016 school year,
teachers with the highest or lowest
ratings in the professional growth and
improvement system, as data from such
system become available, and in no case
later than the 2015-2016 school year.
(2) Comprehensive plan.--A State plan submitted
under paragraph (1) may be submitted as part of the
comprehensive plan under section 9302.
(3) Duration of the plan.--
(A) In general.--Each State plan shall--
(i) remain in effect for the
duration of the State's participation
under this part or 4 years, whichever
is shorter; and
(ii) be periodically reviewed and
revised as necessary by the State
educational agency to reflect changes
in the State's strategies and programs
under this part.
(B) Additional information.--
(i) Revised plans.--If a State
makes significant changes to its plan,
such as adopting new State academic
content standards, new State student
achievement standards, new academic
assessments, or improved performance
targets under subsection (a), the State
shall submit a revised plan to the
Secretary.
(ii) Review of revised plans.--The
Secretary shall review the information
submitted under clause (i) and may,
notwithstanding paragraph (4), approve
or disapprove changes to the State plan
without undertaking the peer-review or
hearing process described in such
paragraph.
(C) Renewal.--A State educational agency
that desires to continue participating in the
program under this subpart and subpart 2 shall
submit a renewed plan every 4 years with
improved performance targets.
(4) Peer review and secretarial approval.--
(A) Secretarial duties.--The Secretary
shall--
(i) establish a peer-review process
that maximizes collaboration with each
State to assist in the review of State
plans;
(ii) appoint expert individuals to
the peer-review process who--
(I) represent a regionally
diverse cross-section of
States;
(II) are representative of
parents, teachers, State
educational agencies, and local
educational agencies; and
(III) are familiar with
educational standards,
assessments, accountability,
the needs of focus and priority
schools as described in
subsections (c) and (d) of
section 1116 and the needs of
disadvantaged students,
students who are children with
disabilities, and other
educational needs of students;
(iii) ensure the peer-review
process provides timely feedback from
the peer-review panel to the States,
and that such feedback shall be made
publicly available, including through
electronic means;
(iv) not decline approval of a
State plan before--
(I) offering the State an
opportunity to revise the State
plan;
(II) providing technical
assistance to the State to meet
the requirements of this
subsection and subsections (a)
and (c); and
(III) upon the request of a
State, providing a hearing;
(v) have the authority to
disapprove a State plan for not meeting
the requirements of this subpart or
subpart 2, and may deny approval to a
State plan under this subsection that
was recommended by the peer-review
panel by making available written
findings of the cause for such
disapproval;
(vi) approve a State plan not later
than 120 days after its submission
unless the Secretary determines that
the plan does not meet the requirements
of this section;
(vii) if the Secretary determines
that the State plan does not meet the
requirements of this subsection and
subsection (c), immediately notify the
State in writing of such determination
and the reasons for such determination;
and
(viii) 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 1 or more
specific elements of the State's
academic content standards or to use
specific academic assessment
instruments or items.
(B) State revisions.--A State plan shall be
revised by the State educational agency if
necessary to satisfy the requirements of this
section.
(c) Parent and Family Engagement.--Each State plan shall
include a description of how the State will strengthen
engagement of the parents and families in education (referred
to in this subsection as the ``parent and family engagement
plan'') in accordance with the following:
(1) Statewide parent and family engagement
strategy.--The parent and family engagement plan shall
demonstrate how the State plans to increase and enhance
the engagement of parents and family members in
education throughout the State, through the
implementation and replication of evidence-based or
promising practices, in order to--
(A) increase student academic growth and
achievement, and college and career readiness;
(B) provide parents and family members with
the skills and opportunities necessary to
become full partners in their child's
education;
(C) improve child development;
(D) strengthen relationships and
partnerships among school personnel and parents
and family members, to support student academic
growth and achievement, and college and career
readiness;
(E) improve the ability of local
educational agencies and schools to increase
the participation of parents and family members
in school improvement strategies, create
opportunities for co-location and provision of
services for parents and family members, and
foster conditions for learning; and
(F) focus the activities described in
subparagraphs (A) through (E) in high-need
local educational agencies and high-need
schools.
(2) Coordination; collection; dissemination.--The
parent and family engagement plan shall describe how
the State will--
(A) ensure maximum coordination and minimum
duplication of efforts (which may include the
designation of a parent and family engagement
coordinator) among, at a minimum--
(i) Federal, State, and local
programs;
(ii) the State Advisory Councils on
Early Childhood Education and Care;
(iii) the parent and family
information and resource centers
established under part H of title IV;
and
(iv) appropriate non-Federal
entities (including community-based and
philanthropic organizations and court-
appointed special advocates);
(B) collect and disseminate best practices
and research on parent and family engagement
strategies to--
(i) local educational agencies,
including high-need local educational
agencies, and high-need schools in the
State, such as through parent and
family engagement academies and other
leadership development strategies; and
(ii) institutions of higher
education and other organizations with
a demonstrated record of success in
increasing the engagement of parents
and family members in education; and
(C) ensure that the process for reviewing
local educational agency plans pursuant to
section 1112 includes an assessment and
response to each local educational agency
regarding the extent to which such plans
incorporate the best practices identified in
subparagraph (B).
(3) Technical assistance, training, and capacity-
building.--The State parent and family engagement plan
shall describe the evidence-based technical assistance,
professional development, or other capacity-building
strategies that the State will provide to, at a
minimum, high-need local educational agencies and high-
need schools, which--
(A) shall include the provision of
technical assistance to local educational
agencies that serve schools identified as focus
or priority schools under subsection (c) or (d)
of section 1116;
(B) shall include partnering with the
appropriate parent and family information and
resource centers;
(C) may include assistance in developing,
revising, or implementing the local educational
agency plans submitted pursuant to section 1112
as such plans relate to supporting parent and
family engagement, in conjunction with
paragraph (2)(C);
(D) may include assistance related to
implementing evidence-based parent and family
engagement strategies to providers of early
care and education; and
(E) may include assistance related to
implementing evidence-based parent and family
engagement strategies for English learner
families, such as those described in section
3115(c)(5).
(4) Leveraging resources.--Each State plan shall
include a description of how the State will leverage
resources of employers, business leaders, philanthropic
and nonprofit organizations, and other community
members to increase and strengthen parent and family
engagement.
(d) Annual State Report Cards.--
(1) In general.--A State that receives a grant for
the program under this subpart and subpart 2 shall
prepare and disseminate an annual report card for each
public elementary school and secondary school in the
State, each local educational agency in the State, and
the State as a whole.
(2) Requirements for all report cards.--The State
shall ensure the school, local educational agency, and
State report cards required under this subsection are--
(A) uniform across the State;
(B) concise;
(C) presented in a format that is easily
understandable and, to the extent practicable,
provided in a language that parents can
understand; and
(D) accessible to the public, which shall
include--
(i) making the State report card
and all local educational agency and
school report cards available on a
single webpage of the State's website;
and
(ii) providing a copy of a school's
report card to the parents of each
student enrolled in the school each
year.
(3) Required student information for school report
cards.--Each school report card required under
paragraph (1) shall include the following:
(A) A clear and concise description of the
State's accountability system under subsection
(a)(3), including a description of the criteria
by which the State evaluates school
performance, and the criteria that the State
has established to determine the status of
schools.
(B) Information on each of the following
for the school, in the aggregate and
disaggregated and cross-tabulated by the
subgroups described in subsection (a)(2)(B)(x)
(except that such disaggregation or cross-
tabulation shall not be required in a case in
which the results would reveal personally
identifiable information about an individual
student):
(i) Student achievement at each
performance level on the State academic
assessments that are included in the
State's accountability system under
subsection (a)(3).
(ii) The percentage of students who
do not take the State academic
assessments.
(iii) The most recent 3-year trend
in student achievement in each subject
area, and for each grade level, for
such assessments.
(iv) A comparison of the school's
student academic assessment data to the
State average for each tested subject.
(v)(I) The number and percentage of
students who are meeting or exceeding
the State student academic achievement
standards or are achieving sufficient
academic growth, as determined in
accordance with subsection
(a)(3)(B)(iii), for each subject area
and grade level.
(II) The most recent 3-year trend
in student academic growth in each
subject area, and for each grade level,
for the State academic assessments.
(vi) The number and percentage of
students with the most significant
cognitive disabilities who take an
alternate assessment under subsection
(a)(2)(E), by grade and subject.
(vii) The number of students who
are English learners, and the
performance of such students, on the
State's English language proficiency
assessments under subsection (a)(2)(D),
including the students' attainment of,
and progress toward, higher levels of
English language proficiency.
(viii) For each high school--
(I) student graduation
rates, including--
(aa) the 4-year
adjusted cohort
graduation rate, as
defined in section
9101(32)(A); and
(bb) the cumulative
graduation rate, as
defined in section
9101(32)(B);
(II) the number of students
attaining career and technical
proficiencies, as defined by
section 113(b)(2)(A) of the
Carl D. Perkins Career and
Technical Education Act of
2006, and reported by States
only in a manner consistent
with section 113(c) of such
Act;
(III) not later than the
beginning of the 2013-2014
school year, the rate at which
students who graduated from the
high school in the preceding
year enrolled in institutions
of higher education by the
beginning of the next school
year; and
(IV) not later than the
beginning of the 2014-2015
school year, the rate of
student remediation, in the
aggregate, for high school
graduates who enroll in public
institutions of higher
education in the State or in
other institutions of higher
education (to the extent
obtaining the data regarding
remediation from other
institutions is practicable).
(ix) Beginning not later than the
2015-2016 school year, the evaluation
results of teachers and principals as
measured by the State's professional
growth and improvement system, except
that such information shall not provide
individually identifiable information
on individual teachers and principals.
(x) Discipline data with respect to
all students in the school for the
disciplinary exclusionary categories
described in subparagraphs (A)(v), (D),
and (E) of section 618(a)(1) of the
Individuals with Disabilities Education
Act.
(xi)(I) The percentage of students
passing examinations related to
coursework acceptable for postsecondary
credit at institutions of higher
education, such as Advanced Placement
or International Baccalaureate
examinations, or technical assessments,
as defined by section 113(b)(2)(A)(ii)
of Carl D. Perkins Career and Technical
Education Act of 2006 and reported by
States only in a manner consistent with
section 113(c) of such Act.
(II) The percentage of students
participating in early college high
schools and dual enrollment programs.
(xii) Data regarding pregnant and
parenting students in the State,
including--
(I) the number of pregnant
and parenting students enrolled
in secondary schools;
(II) rates, and data
regarding participation, of
pregnant and parenting students
in mainstream schools or in the
schools in which the students
originated;
(III) rates, and data
regarding participation, of
pregnant and parenting students
in alternative programs;
(IV) the number and
percentage of pregnant and
parenting students who have
achieved proficiency, as
determined for purposes of
subsection (a)(3)(B)(ii), in
each grade and subject
assessed; and
(V) graduation rates for
pregnant and parenting
students.
(xiii) The incidence of school
violence, bullying, drug abuse, alcohol
abuse, in-school student suspensions,
out-of-school student suspensions,
expulsions, referrals to law
enforcement, school-based arrests,
disciplinary transfers (including
placements in alternative schools), and
student detentions, for each category.
(C) The average class size, by grade.
(D) The school's categorization, if
applicable, in the State school accountability
and improvement system under section 1116.
(E) In the case of a coeducational school
that receives assistance under this subpart--
(i) a listing of the school's
interscholastic sports teams that
participated in athletic competition;
(ii) for each such team--
(I) the total number of
male and female participants,
disaggregated and cross-
tabulated by gender and race;
(II) the season in which
the team competed, whether the
team participated in postseason
competition, and the total
number of competitive events
scheduled;
(III) the total
expenditures from all sources,
including expenditures for
travel, uniforms, facilities,
and publicity for competitions;
and
(IV) the total number of
coaches, trainers, and medical
personnel, and for each such
individual an identification of
such individual's gender,
employment status, and duties
other than providing coaching,
training, or medical services;
and
(iii) the average annual salary of
the head coaches of boys'
interscholastic sports teams, across
all offered sports, and the average
annual salary of the head coaches of
girls' interscholastic sports teams,
across all offered sports.
(F) The number of students--
(i) who are served through the use
of early intervening services; and
(ii) who, in the preceding 2-year
period, received early intervening
services and who, after receiving such
services, have been identified as
eligible for, and receive, special
education and related services under
part B of the Individuals with
Disabilities Education Act.
(4) Optional information.--A State may include in
each school report card such other information as the
State believes will best provide parents, students, and
other members of the public with information regarding
the progress of each of the State's public elementary
and secondary schools. Such information may include--
(A) indicators of school climate;
(B) student attendance;
(C) school readiness of students in
kindergarten; and
(D) measures of career readiness focused on
the attainment of technical or employability
skills.
(5) Local educational agency and state report
cards.--Each local educational agency report card and
State report card required under paragraph (1)--
(A) shall include the data described in
clauses (i) through (xiii) of paragraph (3)(B)
for the local educational agency or State,
respectively, as a whole and disaggregated by
the subgroups described in subsection
(a)(2)(B)(x);
(B) in the case of a State report card,
shall include--
(i) the data described in paragraph
(3)(B)(viii) disaggregated by status as
a child in foster care, except that
such disaggregation shall not be
required in a case in which the number
of students in the category would
reveal personally identifiable
information about an individual
student;
(ii) the most recently available
academic achievement results in grades
4 and 8 of the State's students on the
National Assessment of Educational
Progress in reading and mathematics,
including the percentage of students at
each achievement level in the aggregate
and by the groups described in section
303(b)(2)(G) of the National Assessment
of Educational Progress Authorization
Act (20 U.S.C. 9622(b)(2)(G));
(iii) the number of local
educational agencies in the State that
implement positive behavioral
interventions and supports; and
(iv) the number of local
educational agencies in the State that
implement school-based mental health
programs;
(C) in the case of a local educational
agency report card, shall include information
regarding the assessments administered
annually, by grade level and subject, and, for
each assessment, whether the assessment is
required by Federal, State, or local statute,
regulation, or policy;
(D) shall include information regarding the
number of military-connected students which,
for the purposes of this subparagraph, shall
mean students with parents who serve in the
Armed Forces, including the National Guard and
Reserve Forces, for each local educational
agency or State, respectively, and information
regarding academic achievement for such
students, except that such information shall
not be used for school or local educational
agency accountability purposes under section
1116; and
(E) may include any optional information
described in paragraph (4) for the local
educational agency or State, respectively.
(6) Data.--A State shall only include in a school
report card or local educational agency report card,
data that do not reveal personally identifiable
information about an individual student or teacher.
(7) 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 Strengthening America's
Schools Act of 2013, may use those report cards for the
purpose of this subsection as long as any such report
card is modified, as may be needed, to contain the
information required by this subsection.
(8) Cost reduction.--Each State educational agency
and local educational agency receiving assistance under
the program under this subpart and subpart 2 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.
(9) Cross-tabulated data not used for
accountability.--Groups of students obtained by cross-
tabulating data under this subsection shall not be
considered to be subgroups under section 1116. Such
cross-tabulated data shall not be used to determine
whether a school is a focus or priority school under
subsection (c) or (d) of section 1116.
(e) Reporting.--
(1) Annual state report.--Each State educational
agency that receives assistance under the program under
this subpart and subpart 2 shall report annually to the
Secretary, and make widely available within the State--
(A) information on the State's progress in
developing and implementing the academic
assessments described in subsection (a)(2);
(B) information on the achievement and
academic growth of students, including results
disaggregated (except 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) by the subgroups described
in subsection (a)(2)(B)(x) and by status as a
child in foster care;
(C) information on any changes in status
for all public schools in the State, in
accordance with the State's system of
differentiation described in subsection
(a)(3)(A)(ii) and the categories required under
section 1116;
(D) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including results
disaggregated by the subgroups described in
subsection (a)(2)(B)(x)) required under this
section;
(E) information on the acquisition of
English language proficiency by students who
are English learners;
(F) the number of schools, and the name of
each school, identified as a focus or priority
school under subsection (c) or (d) of section
1116; and
(G) the number of schools identified as
blue ribbon schools under section 1131 and the
name of each such school.
(2) Secretary's report card and biennial evaluation
report.--
(A) Secretary's report card.--Not later
than July 1, 2014, and annually thereafter, the
Secretary shall prepare and submit to the
authorizing committees a national report card
on the status of elementary and secondary
education in the United States. Such report
shall--
(i) analyze existing data from
State reports required under this Act,
the Individuals with Disabilities
Education Act, and the Carl D. Perkins
Career and Technical Education Act of
2006, and summarize major findings from
such reports;
(ii) analyze data from the National
Assessment of Educational Progress and
international assessments, including
the Third International Mathematics and
Science Survey;
(iii) identify trends in student
achievement, student academic growth,
student performance, and high school
graduation rates, by analyzing and
reporting on the status and performance
of subgroups of students, including
subgroups based on race, ethnicity, and
socioeconomic status and the subgroups
of children with disabilities and
English learners;
(iv) compare the performance of
students, including the subgroups
described in clause (iii), across
States and local educational agencies
across the United States;
(v) identify and report on
promising practices, areas of greatest
improvement in student achievement and
educational attainment, and other
examples worthy of national attention;
(vi) identify and report on areas
of educational concern that warrant
national attention; and
(vii)(I) analyze existing data, as
of the time of the report, on Federal,
State, and local expenditures on
education, including per pupil
spending, teacher salaries and pension
obligations, school level spending, and
other financial data publicly
available; and
(II) report on current trends and
major findings resulting from the
analysis.
(B) Special rule.--The information used to
prepare the report described in subparagraph
(A) shall be derived from existing State and
local reporting requirements and data sources.
Nothing in this paragraph shall be construed as
authorizing, requiring, or allowing any
additional reporting requirements, data
elements, or information to be reported to the
Secretary not otherwise explicitly authorized
by any other Federal law.
(C) Biennial report.--The Secretary shall
transmit biennially to the authorizing
committees a report that provides national and
State-level data on the information collected
under paragraph (1).
(f) Penalties.--If a State that receives a grant under the
program under this subpart and subpart 2 fails to meet any
requirement of such subparts, the Secretary may withhold funds
for State administration under this part until the Secretary
determines that the State has fulfilled those requirements.
(g) Parents' Right-To-Know.--
(1) Qualifications.--At the beginning of each
school year, a local educational agency that receives
funds under the program under this subpart and subpart
2 shall notify the parents of each student attending
any school receiving such funds that the parents may
request, and the agency will provide the parents on
request (and in a timely manner), information regarding
the professional qualifications of the student's
classroom teachers, including, at a minimum, the
following:
(A) Whether the teacher has met State
qualification and licensing criteria for the
grade levels and subject areas in which the
teacher provides instruction.
(B) Whether the teacher is teaching under
emergency or other provisional status through
which State qualification or licensing criteria
have been waived.
(C) The baccalaureate degree major of the
teacher and any other graduate certification or
degree held by the teacher, and the field of
discipline of the certification or degree.
(D) Whether the student is provided
services by paraprofessionals and, if so, their
qualifications.
(2) Equity report card.--A local educational agency
that receives funds under the program under this
subpart and subpart 2 shall make available to parents,
separately or as a clearly identified part of the
school report card, and through easily accessible
means, including electronic means, the following
information for each school:
(A) Student achievement data at each
performance level, for each category of
students described in subsection (a)(3)(B)(ii),
on the State academic assessments included in
the State accountability system under
subsection (a)(3), disaggregated by the
subgroups described in subsection (a)(2)(B)(x).
(B) Individual school funding by source,
including Federal, State, and local funding and
grants.
(C) For each high school, the 4-year
adjusted cohort graduation rate, as described
in section 9101(32)(A), and the rate at which
students graduating from the high school in the
preceding year enrolled in institutions of
higher education by the beginning of the next
school year.
(D) Data regarding educational opportunity
participation, which data--
(i) shall include, at a minimum,
prekindergarten and full-day
kindergarten opportunities for children
and opportunities for Advanced
Placement or International
Baccalaureate course work; and
(ii) may include such opportunities
as--
(I) dual enrollment and
early college high schools;
(II) gifted programming;
(III) other educational
programming; and
(IV) opportunities to
complete career and technical
education programs of study,
reported in a manner consistent
with section 122(c)(1) of the
Carl D. Perkins Career and
Technical Education Act of
2006.
(E) Information regarding each school's
school climate, including student survey
results and school discipline data, which may
include information such as the incidence of
school violence, bullying, in-school student
suspensions, out-of-school student suspensions,
expulsions, referrals to law enforcement,
school-based arrests, disciplinary transfers
(including placements in alternative schools),
and student detentions.
(F) Other data that, in conjunction with
the local educational agency report card
described in subsection (d), is determined, by
the State or local educational agency in
consultation with parents, families, and
educators, to be necessary to allow parents,
families, and community members to understand,
and compare with other schools in the local
educational agency and across the State, the
resources available to the school that
influence the outcomes for students.
(3) Additional information.--In addition to the
information that parents of students may request under
paragraph (1), a school that receives funds under this
subpart shall provide to each individual parent, with
respect to the student--
(A) information on the level of achievement
and academic growth of the student on each of
the State academic assessments as required
under this subpart; and
(B) timely notice that the student has been
assigned, or has been taught for 4 or more
consecutive weeks by, a teacher who does not
hold a State qualification or license to teach
at the grade level and subject area in which
the teacher has been assigned.
(4) Format.--The notice and information provided to
parents under this subsection shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(h) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
(i) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, with technical assistance in meeting the requirements
of this section.
(j) Construction.--Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
(k) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each school operated
or funded by the Bureau of Indian Education of the Department
of Interior that receives funds under this part, the following
shall apply:
(1) State accredited schools.--Each such school
accredited by the State in which it is operating shall
use the assessments the State has developed and
implemented to meet the requirements of this section,
or such other appropriate assessment as approved by the
Secretary of the Interior.
(2) Regionally accredited schools.--Each such
school accredited by a regional accrediting
organization shall adopt appropriate assessments, in
consultation with and with the approval of, the
Secretary of the Interior and consistent with
assessments adopted by other schools in the same State
or region, that meets the requirements of this section.
(3) Tribally accredited schools.--Each such school
accredited by a tribal accrediting agency or tribal
division of education shall use assessments developed
by such agency or division, except that the Secretary
of the Interior shall ensure that such assessments meet
the requirements of this section.
[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
[(a) Plans Required.--
[(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
[(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
[(b) Plan Provisions.--
[(1) In general.--In order to help low-achieving
children meet challenging achievement academic
standards, each local educational agency plan shall
include--
[(A) a description of high-quality student
academic assessments, if any, that are in
addition to the academic assessments described
in the State plan under section 1111(b)(3),
that the local educational agency and schools
served under this part will use--
[(i) to determine the success of
children served under this part in
meeting the State student academic
achievement standards, and to provide
information to teachers, parents, and
students on the progress being made
toward meeting the State student
academic achievement standards
described in section 1111(b)(1)(D)(ii);
[(ii) to assist in diagnosis,
teaching, and learning in the classroom
in ways that best enable low-achieving
children served under this part to meet
State student achievement academic
standards and do well in the local
curriculum;
[(iii) to determine what revisions
are needed to projects under this part
so that such children meet the State
student academic achievement standards;
and
[(iv) to identify effectively
students who may be at risk for reading
failure or who are having difficulty
reading, through the use of screening,
diagnostic, and classroom-based
instructional reading assessments, as
defined under section 1208;
[(B) at the local educational agency's
discretion, a description of any other
indicators that will be used in addition to the
academic indicators described in section 1111
for the uses described in such section;
[(C) a description of how the local
educational agency will provide additional
educational assistance to individual students
assessed as needing help in meeting the State's
challenging student academic achievement
standards;
[(D) a description of the strategy the
local educational agency will use to coordinate
programs under this part with programs under
title II to provide professional development
for teachers and principals, and, if
appropriate, pupil services personnel,
administrators, parents and other staff,
including local educational agency level staff
in accordance with sections 1118 and 1119;
[(E) a description of how the local
educational agency will coordinate and
integrate services provided under this part
with other educational services at the local
educational agency or individual school level,
such as--
[(i) Even Start, Head Start,
Reading First, Early Reading First, and
other preschool programs, including
plans for the transition of
participants in such programs to local
elementary school programs; and
[(ii) services for children with
limited English proficiency, children
with disabilities, migratory children,
neglected or delinquent youth, Indian
children served under part A of title
VII, homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication,
and reduce fragmentation of the
instructional program;
[(F) an assurance that the local
educational agency will participate, if
selected, in the State National Assessment of
Educational Progress in 4th and 8th grade
reading and mathematics carried out under
section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
[(G) a description of the poverty criteria
that will be used to select school attendance
areas under section 1113;
[(H) a description of how teachers, in
consultation with parents, administrators, and
pupil services personnel, in targeted
assistance schools under section 1115, will
identify the eligible children most in need of
services under this part;
[(I) a general description of the nature of
the programs to be conducted by such agency's
schools under sections 1114 and 1115 and, where
appropriate, educational services outside such
schools for children living in local
institutions for neglected or delinquent
children, and for neglected and delinquent
children in community day school programs;
[(J) a description of how the local
educational agency will ensure that migratory
children and formerly migratory children who
are eligible to receive services under this
part are selected to receive such services on
the same basis as other children who are
selected to receive services under this part;
[(K) if appropriate, a description of how
the local educational agency will use funds
under this part to support preschool programs
for children, particularly children
participating in Early Reading First, or in a
Head Start or Even Start program, which
services may be provided directly by the local
educational agency or through a subcontract
with the local Head Start agency designated by
the Secretary of Health and Human Services
under section 641 of the Head Start Act, or an
agency operating an Even Start program, an
Early Reading First program, or another
comparable public early childhood development
program;
[(L) a description of the actions the local
educational agency will take to assist its low-
achieving schools identified under section 1116
as in need of improvement;
[(M) a description of the actions the local
educational agency will take to implement
public school choice and supplemental services,
consistent with the requirements of section
1116;
[(N) a description of how the local
educational agency will meet the requirements
of section 1119;
[(O) a description of the services the
local educational agency will provide homeless
children, including services provided with
funds reserved under section 1113(c)(3)(A);
[(P) a description of the strategy the
local educational agency will use to implement
effective parental involvement under section
1118; and
[(Q) where appropriate, a description of
how the local educational agency will use funds
under this part to support after school
(including before school and summer school) and
school-year extension programs.
[(2) Exception.--The academic assessments and
indicators described in subparagraphs (A) and (B) of
paragraph (1) shall not be used--
[(A) in lieu of the academic assessments
required under section 1111(b)(3) and other
State academic indicators under section
1111(b)(2); or
[(B) to reduce the number of, or change
which, schools would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116, if such
additional assessments or indicators described
in such subparagraphs were not used, but such
assessments and indicators may be used to
identify additional schools for school
improvement or in need of corrective action or
restructuring.
[(c) Assurances.--
[(1) In general.--Each local educational agency
plan shall provide assurances that the local
educational agency will--
[(A) inform eligible schools and parents of
schoolwide program authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
[(B) provide technical assistance and
support to schoolwide programs;
[(C) work in consultation with schools as
the schools develop the schools' plans pursuant
to section 1114 and assist schools as the
schools implement such plans or undertake
activities pursuant to section 1115 so that
each school can make adequate yearly progress
toward meeting the State student academic
achievement standards;
[(D) fulfill such agency's school
improvement responsibilities under section
1116, including taking actions under paragraphs
(7) and (8) of section 1116(b);
[(E) provide services to eligible children
attending private elementary schools and
secondary schools in accordance with section
1120, and timely and meaningful consultation
with private school officials regarding such
services;
[(F) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
scientifically based research indicating that
services may be most effective if focused on
students in the earliest grades at schools that
receive funds under this part;
[(G) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age
of compulsory school attendance, ensure that
such services comply with the education
performance standards in effect under section
641A(a)(1)(B) of the Head Start Act;
[(H) work in consultation with schools as
the schools develop and implement their plans
or activities under sections 1118 and 1119;
[(I) comply with the requirements of
section 1119 regarding the qualifications of
teachers and paraprofessionals and professional
development;
[(J) inform eligible schools of the local
educational agency's authority to obtain
waivers on the school's behalf under title IX
and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education
Flexibility Partnership Act of 1999;
[(K) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with the State
educational agency and other agencies providing
services to children, youth, and families with
respect to a school in school improvement,
corrective action, or restructuring under
section 1116 if such a school requests
assistance from the local educational agency in
addressing major factors that have
significantly affected student achievement at
the school;
[(L) ensure, through incentives for
voluntary transfers, the provision of
professional development, recruitment programs,
or other effective strategies, that low-income
students and minority students are not taught
at higher rates than other students by
unqualified, out-of-field, or inexperienced
teachers;
[(M) use the results of the student
academic assessments required under section
1111(b)(3), and other measures or indicators
available to the agency, to review annually the
progress of each school served by the agency
and receiving funds under this part to
determine whether all of the schools are making
the progress necessary to ensure that all
students will meet the State's proficient level
of achievement on the State academic
assessments described in section 1111(b)(3)
within 12 years from the end of the 2001-2002
school year;
[(N) ensure that the results from the
academic assessments required under section
1111(b)(3) will be provided to parents and
teachers as soon as is practicably possible
after the test is taken, in an understandable
and uniform format and, to the extent
practicable, provided in a language that the
parents can understand; and
[(O) assist each school served by the
agency and assisted under this part in
developing or identifying examples of high-
quality, effective curricula consistent with
section 1111(b)(8)(D).
[(2) Special rule.--In carrying out subparagraph
(G) of paragraph (1), the Secretary--
[(A) shall consult with the Secretary of
Health and Human Services and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher
contracts) to assist local educational agencies
to comply with such subparagraph; and
[(B) shall disseminate to local educational
agencies the education performance standards in
effect under section 641A(a)(1)(B) of the Head
Start Act, and such agencies affected by such
subparagraph shall plan for the implementation
of such subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--Paragraph (1)(G) of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs that are
expanded through the use of funds under this part.
[(d) Plan Development and Duration.--
[(1) Consultation.--Each local educational agency
plan shall be developed in consultation with teachers,
principals, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents of
children in schools served under this part.
[(2) Duration.--Each such plan shall be submitted
for the first year for which this part is in effect
following the date of enactment of the No Child Left
Behind Act of 2001 and shall remain in effect for the
duration of the agency's participation under this part.
[(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
[(e) State Approval.--
[(1) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
[(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
[(A) enables schools served under this part
to substantially help children served under
this part meet the academic standards expected
of all children described in section
1111(b)(1); and
[(B) meets the requirements of this
section.
[(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agencies activities are in accordance with
sections 1118 and 1119.
[(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
[(g) Parental Notification.--
[(1) In general.--
[(A) Notice.--Each local educational agency
using funds under this part to provide a
language instruction educational program as
determined in part C of title III shall, not
later than 30 days after the beginning of the
school year, inform a parent or parents of a
limited English proficient child identified for
participation or participating in, such a
program of--
[(i) the reasons for the
identification of their child as
limited English proficient and in need
of placement in a language instruction
educational program;
[(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
[(iii) the methods of instruction
used in the program in which their
child is, or will be participating, and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
[(iv) how the program in which
their child is, or will be
participating, will meet the
educational strengths and needs of
their child;
[(v) how such program will
specifically help their child learn
English, and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
[(vi) the specific exit
requirements for the program, including
the expected rate of transition from
such program into classrooms that are
not tailored for limited English
proficient children, and the expected
rate of graduation from secondary
school for such program if funds under
this part are used for children in
secondary schools;
[(vii) in the case of a child with
a disability, how such program meets
the objectives of the individualized
education program of the child;
[(viii) information pertaining to
parental rights that includes written
guidance--
[(I) detailing--
[(aa) the right
that parents have to
have their child
immediately removed
from such program upon
their request; and
[(bb) the options
that parents have to
decline to enroll their
child in such program
or to choose another
program or method of
instruction, if
available; and
[(II) assisting parents in
selecting among various
programs and methods of
instruction, if more than one
program or method is offered by
the eligible entity.
[(B) Separate notification.--In addition to
providing the information required to be
provided under paragraph (1), each eligible
entity that is using funds provided under this
part to provide a language instruction
educational program, and that has failed to
make progress on the annual measurable
achievement objectives described in section
3122 for any fiscal year for which part A is in
effect, shall separately inform a parent or the
parents of a child identified for participation
in such program, or participating in such
program, of such failure not later than 30 days
after such failure occurs.
[(2) Notice.--The notice and information provided
in paragraph (1) to a parent or parents of a child
identified for participation in a language instruction
educational program for limited English proficient
children shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
[(3) Special rule applicable during the school
year.--For those children who have not been identified
as limited English proficient prior to the beginning of
the school year the local educational agency shall
notify parents within the first 2 weeks of the child
being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
[(4) Parental participation.--Each local
educational agency receiving funds under this part
shall implement an effective means of outreach to
parents of limited English proficient students to
inform the parents regarding how the parents can be
involved in the education of their children, and be
active participants in assisting their children to
attain English proficiency, achieve at high levels in
core academic subjects, and meet challenging State
academic achievement standards and State academic
content standards expected of all students, including
holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this part.
[(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.]
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under the program under this subpart
and subpart 2 for any fiscal year only if such agency
has on file with the State educational agency a plan,
approved by the State educational agency, that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the McKinney-Vento Homeless Assistance Act, and other
Acts, as appropriate, and activities under title IX of
the Education Amendments of 1972.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
(b) Plan Development and Duration.--
(1) Consultation.--Each local educational agency
plan shall be developed in consultation with--
(A) teachers, principals, administrators,
and other appropriate school personnel;
(B) representatives of early childhood
education programs in the geographic area
served by the local educational agency, as
appropriate; and
(C) parents and family members of children
in schools served under this subpart.
(2) Duration.--Each local educational agency plan
shall be submitted pursuant to this section for the
first year for which this part is in effect following
the date of enactment of the Strengthening America's
Schools Act of 2013, and such plan shall remain in
effect until the date of renewal as determined under
paragraph (4) by the State.
(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan
to reflect changes in the local educational agency's
strategies and programs under this part, and changes in
the State performance targets under section
1111(a)(3)(C).
(4) Renewal.--A local educational agency that
desires to continue participating in the program under
this subpart and subpart 2 shall submit a renewed plan
on a periodic basis, as determined by the State.
(c) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
(A) enables schools served under this
subpart to substantially help children served
under this part meet the academic content and
student academic achievement standards expected
of all children described in section 1111(a)(1)
and the performance targets described in
section 1111(a)(3)(C); and
(B) meets the requirements of this part.
(d) Plan Provisions.--In order to help low-achieving
children meet college and career ready student academic
achievement standards, and to close the achievement gap between
high- and low-achieving children each local educational agency
plan shall describe each of the following:
(1) How the local educational agency will work with
each of the schools served by the agency to--
(A) develop and implement a comprehensive
program of instruction to meet the academic
needs of all students;
(B) identify quickly and effectively
students who may be at risk for academic
failure;
(C) provide additional educational
assistance to individual students assessed as
needing help in meeting the State's college and
career ready student academic achievement
standards;
(D) identify significant gaps in student
achievement among subgroups of students
identified under section 1111(a)(2)(B)(x) and
develop strategies to reduce such gaps in
achievement; and
(E) identify and implement effective
methods and instructional strategies that are
based on scientifically valid research intended
to strengthen the core academic programs of the
schools, including using multi-tiered systems
of support, universal design for learning, and
positive behavioral interventions and supports.
(2) How the local educational agency will monitor
and evaluate the effectiveness of school programs in
improving student academic achievement and academic
growth, especially for students described in section
1111(a)(3)(B)(ii)(III).
(3) The strategy the local educational agency will
use to implement effective parent and family engagement
under section 1118.
(4) How the local educational agency will
coordinate and integrate services provided under this
part with other high-quality early childhood education
programs at the local educational agency or individual
school level (including programs under section 619 of
the Individuals with Disabilities Education Act) that
include plans for the transition of participants in
such programs to local elementary school programs and,
if appropriate, a description of how the local
educational agency will use funds provided under this
subpart and subpart 2 to support preschool programs for
children, particularly children participating in a Head
Start program, which may be provided directly by the
local educational agency or through a subcontract with
the Head Start agency designated by the Secretary of
Health and Human Services under section 641 of the Head
Start Act, or another comparable public early childhood
education program.
(5) How activities under this part will be
coordinated and integrated with Federal, State, and
local services and programs, including programs
supported under this Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the Individuals
with Disabilities Education Act, the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.), the Head Start Act (42
U.S.C. 9831 et seq.), the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.), violence prevention programs, nutrition
programs, and housing programs.
(6) How the local educational agency will
coordinate and integrate services provided under the
program under this subpart and subpart 2 with local
workforce development programs that serve disadvantaged
or out-of-school youth, such as those providing
workforce investment activities under chapter 4 of
subtitle B of title I of the Workforce Investment Act
of 1998 (29 U.S.C. 2851 et seq.), including a
description of how the local educational agency will
use funds provided under this subpart and subpart 2 to
support such activities.
(7) The poverty criteria that will be used to
select school attendance areas under section 1113.
(8) How teachers, in consultation with parents and
family members, administrators, and specialized
instructional support personnel, in targeted assistance
schools under section 1115, will identify the eligible
children most in need of services under this part.
(9) How the local educational agency will identify
and address any disparities in the equitable
distribution of teachers, consistent with the
requirements of section 1111(b)(1)(R).
(10) How the local educational agency will provide
for the equitable distribution of elementary school
teachers, and of secondary school teachers, within
local educational agencies and the State using data on
the percentage and distribution of the categories of
teachers described in subsection (e)(13).
(11) A general description of the nature of the
programs to be conducted by such agency's schools under
sections 1114 and 1115 and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected or
delinquent children, and for neglected and delinquent
children in community day school programs.
(12) A description of--
(A) how the local educational agency will
provide opportunities for the enrollment,
attendance, and success of homeless children
and youths; and
(B) the services the local educational
agency will provide homeless children and
youths, including services provided with funds
reserved under section 1113(c)(3), and how
those services may differ from those provided
in prior years.
(13) A description of the support the local
educational agency will provide for homeless children
and youths, consistent with the requirements of the
McKinney-Vento Homeless Assistance Act.
(14) For each quartile of schools in the local
educational agency based on school poverty level and
for high-minority schools and low-minority schools in
the local educational agency, data regarding access at
the high school level to rigorous coursework,
including--
(A) access to opportunities to earn
postsecondary credit while in high school, such
as through Advanced Placement and International
Baccalaureate courses and examinations, dual
enrollment, and early college high schools; and
(B) student performance on Advanced
Placement and International Baccalaureate
course examinations.
(15) How the local educational agency will identify
and address any disparity within the student subgroups
described in section 1111(a)(3)(D) in equitable access
to rigorous coursework, including access to
opportunities described in paragraph (14)(A).
(16) How the local educational agency will engage
in timely, on-going, and meaningful consultation with
representatives of Indian tribes in the area served by
such local educational agency to improve the
coordination of activities under this Act and to meet
the unique cultural, language, and academic needs of
Indian and Native Hawaiian students.
(17) How the local educational agency will
implement strategies to facilitate effective
transitions for students from middle school to high
school and from high school to postsecondary education,
including access to dual enrollment and early college
high schools.
(18) If the local educational agency proposes to
use subgrant funds under the program under this subpart
and subpart 2 for positive behavioral interventions and
supports, a description of the actions the local
educational agency will take to provide positive
behavioral interventions and supports and coordinate
those activities with activities carried out under the
Individuals with Disabilities Education Act.
(19) If the local educational agency proposes to
use such subgrant funds for early intervening services,
a description of the actions the local educational
agency will take to provide early intervening services
and coordinate those services with early intervening
services carried out under the Individuals with
Disabilities Education Act.
(20) If the local educational agency proposes to
use such subgrant funds for school-based mental health
programs, a description of the actions the local
educational agency will take to provide school-based
mental health programs and coordinate those activities
with activities carried out under the Individuals with
Disabilities Education Act.
(21) If the local educational agency proposes to
use such subgrant funds for periodically updating the
crisis management plan of the local educational agency,
as described in section 4202(5)(B)(iv), a description
of the actions the local educational agency will take
to develop and implement an updated crisis management
plan.
(22) A description of how the local educational
agency will plan for pregnant and parenting students to
be enrolled, attend, and succeed in school.
(e) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) use the results of the academic assessments
required under section 1111(a)(2), and other measures
or indicators available to the agency, to review
annually the progress of each school served by the
agency and receiving funds under the program under this
subpart and subpart 2 to determine whether all of the
schools are making the progress necessary to ensure all
students will be performing at or above grade level on
the State academic assessments required under such
section, in accordance with the ambitious targets
described in the State plan under section
1111(a)(3)(C);
(2) provide to parents and teachers the results
from the academic assessments required under section
1111(a)(2) as soon as is practicably possible after the
test is taken in an understandable and uniform format
and, to the extent possible, provided in a language
that the parents and, to the greatest extent
practicable, family members, can understand;
(3) participate, if selected, in State academic
assessments of student achievement in reading and
mathematics in grades 4 and 8 carried out under section
303(b)(3) of the National Assessment of Educational
Progress Authorization Act;
(4) fulfill such agency's school improvement
responsibilities under section 1116;
(5) ensure that migratory children who are eligible
to receive services under this part are selected to
receive such services on the same basis as other
children who are selected to receive services under
this part;
(6) engage in timely and meaningful consultation
with representatives of Indian tribes located in the
area served by the local educational agency;
(7) provide services to eligible children attending
private elementary schools and secondary schools in
accordance with section 1119, and timely and meaningful
consultation with private school officials regarding
such services;
(8) inform eligible schools of the local
educational agency's authority to obtain waivers on the
school's behalf under applicable Federal flexibility
provisions;
(9) in the case of a local educational agency that
chooses to use funds under the program under this
subpart and subpart 2 to provide early childhood
education services to low-income children below the age
of compulsory school attendance, ensure that such
services comply with the education performance
standards in effect under section 641A(a)(1)(B) of the
Head Start Act (42 U.S.C. 9836a(a)(1)(B));
(10) comply with the requirements of section 1501
that relate to the local educational agency and
describe the local educational agency's plan to ensure
such compliance;
(11) comply with the requirements of subtitle B of
title VII of the McKinney-Vento Homeless Assistance Act
that relate to the local educational agency;
(12) annually submit to the State educational
agency the information contained in each school equity
report card described in section 1111(g)(2); and
(13) annually submit to the State educational
agency, for each quartile of schools in the local
educational agency based on school poverty level and
for high-minority schools and low-minority schools in
the local educational agency, data regarding the
percentage and distribution of the following categories
of teachers:
(A) Teachers who are new.
(B) Teachers who have not completed a
teacher preparation program.
(C) Teachers who are not teaching in the
subject or field for which the teacher is
certified or licensed.
(D) Where applicable, teachers who have the
highest or lowest ratings in a professional
growth and improvement system.
(f) Parental Notification Regarding Language Instruction
Programs.--
(1) In general.--Each local educational agency
using funds under the program under this subpart and
subpart 2 to provide a language instruction educational
program as defined in section 3201 shall, not later
than 30 days after the beginning of the school year,
inform a parent or parents of an English learner
identified for participation or participating in, such
a program of--
(A) the reasons for the identification of
their child as an English learner and in need
of placement in a language instruction
educational program;
(B) the child's level of English
proficiency, how such level was assessed, and
the status of the child's academic achievement;
(C) the methods of instruction used in the
program in which their child is, or will be,
participating, and the methods of instruction
used in other available programs, including how
such programs differ in content, instructional
goals, and the use of English and a native
language in instruction;
(D) how the program in which their child
is, or will be, participating, will meet the
educational strengths and needs of their child;
(E) how such program will specifically help
their child learn English, and meet age-
appropriate academic achievement standards for
grade promotion and graduation;
(F) the specific exit requirements for the
program, including the expected rate of
transition from such program into classrooms
that are not tailored for English learners, and
the expected rate of graduation from secondary
school for such program if funds provided under
this subpart or subpart 2 are used for children
in secondary schools;
(G) in the case of a child with a
disability, how such program meets the
objectives of the individualized education
program of the child; and
(H) information pertaining to parental
rights that includes written guidance--
(i) detailing--
(I) the right that parents
have to have their child
immediately removed from such
program upon their request; and
(II) the options that
parents have to decline to
enroll their child in such
program or to choose another
program or method of
instruction, if available; and
(ii) assisting parents in selecting
among various programs and methods of
instruction, if more than 1 program or
method is offered by the eligible
entity.
(2) Notice.--The notice and information provided in
paragraph (1) to a parent or parents of a child
identified for participation in a language instruction
educational program for English learners shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(3) Special rule applicable during the school
year.--For those children who have not been identified
as English learners prior to the beginning of the
school year and who are subsequently so identified, the
local educational agency shall notify the parents of
such children within the first 2 weeks of the child
being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
(4) Parental participation.--Each local educational
agency receiving funds under the program under this
subpart and subpart 2 shall implement an effective
means of outreach to parents and, to the extent
practicable, family members, of English learner
students to inform the parents and family members
regarding how the parents and family members can be
involved in the education of their children, and be
active participants in assisting their children to
attain English proficiency, achieve at high levels in
core academic subjects, and meet college and career
ready State student academic achievement standards and
State academic content standards expected of all
students, including holding, and sending notice of
opportunities for, regular meetings for the purpose of
formulating and responding to recommendations from
parents and family members of students assisted under
this subpart or subpart 2.
(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.--* * *
* * * * * * *
[(3) Ranking order.--If funds allocated in
accordance with subsection (c) are insufficient to
serve all eligible school attendance areas, a local
educational agency shall--
[(A) annually rank, without regard to grade
spans, such agency's eligible school attendance
areas in which the concentration of children
from low-income families exceeds 75 percent
from highest to lowest according to the
percentage of children from low-income
families; and
[(B) serve such eligible school attendance
areas in rank order.]
(3) Ranking order.--
(A) In general.--Except as provided in
subparagraph (B), if funds allocated in
accordance with subsection (c) are insufficient
to serve all eligible school attendance areas,
a local educational agency shall--
(i) annually rank, without regard
to grade spans, such agency's eligible
school attendance areas in which the
concentration of children from low-
income families exceeds 75 percent, or
exceeds 50 percent in the case of the
high schools served by such agency,
from highest to lowest according to the
percentage of children from low-income
families; and
(ii) serve such eligible school
attendance areas in rank order.
(B) Applicability.--A local educational
agency shall not be required to reduce, in
order to comply with subparagraph (A), the
amount of funding provided under the program
under this subpart and subpart 2 to elementary
schools and middle schools from the amount of
funding provided under this part to such
schools for the fiscal year preceding the date
of enactment of the Strengthening America's
Schools Act of 2013 in order to provide funding
under such subparts to high schools pursuant to
subparagraph (A).
* * * * * * *
[(5) Measures.--The local educational agency shall
use the same measure of poverty, which measure shall be
the number of children ages 5 through 17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive
medical assistance under the Medicaid program, or a
composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
[(A) to identify eligible school attendance
areas;
[(B) to determine the ranking of each area;
and
[(C) to determine allocations under
subsection (c).]
(5) Measures.--
(A) In general.--Except as provided in
subparagraph (B), the local educational agency
shall use the same measure of poverty, which
measure shall be the number of children ages 5
through 17 in poverty counted in the most
recent census data approved by the Secretary,
the number of children eligible for free and
reduced priced lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.), the number of children in
families receiving assistance under the State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), or
the number of children eligible to receive
medical assistance under the Medicaid program,
or a composite of such indicators, with respect
to all school attendance areas in the local
educational agency--
(i) to identify eligible school
attendance areas;
(ii) to determine the ranking of
each area; and
(iii) to determine allocations
under subsection (c).
(B) Low-income families in secondary
schools.--For measuring the number of students
in low-income families in secondary schools,
the local educational agency shall use the same
measure of poverty, which shall be the
calculation producing the greater of the
results from among the following 2
calculations:
(i) The calculation described under
subparagraph (A).
(ii) A feeder pattern described in
subparagraph (C).
(C) Feeder pattern.--In this paragraph, the
term ``feeder pattern'' means an accurate
estimate of the number of students in low-
income families in a secondary school that is
calculated by applying the average percentage
of students in low-income families of the
elementary school attendance areas as
calculated under subparagraph (A) that feed
into the secondary school to the number of
students enrolled in such school.
(7) Waiver for desegregation plans.--* * *
* * * * * * *
(8) Reservation for early childhood education.--A
local educational agency may reserve funds made
available to carry out this section for early childhood
education in eligible school attendance areas before
making allocations to high schools in eligible school
attendance areas pursuant to this section.
(b) Local Educational Agency Discretion.--
(1) In general.--Notwithstanding subsection (a)(2),
a local educational agency may--
(A) * * *
* * * * * * *
(D) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
(i) the school meets the
comparability requirements of [section
1120A(c)]section 1120(c);
* * * * * * *
(c) Allocations.--
(1) In general.--* * *
* * * * * * *
[(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
[(A) homeless children who do not attend
participating schools, including providing
educationally related support services to
children in shelters and other locations where
children may live;
[(B) children in local institutions for
neglected children; and
[(C) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.]
(3) Reservation for homeless children and youth and
other at-risk children.--
(A) Funds for homeless children and youth
and other at-risk children.--A local
educational agency shall reserve such funds as
are necessary under the program under this
subpart and subpart 2 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;
(iii) if appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day programs; and
(iv) children in foster care (as
defined in section 1502), including
providing points of contact (as
described in section 1501(d)) in local
educational agencies for child welfare
agencies and children in foster care.
(B) Reservation of funds.--Notwithstanding
the requirements of subsections (b) and (c) of
section 1120, 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--
(i) providing funding for the
liaison designated pursuant to section
722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act;
(ii) providing transportation
pursuant to section 722(g)(1)(J)(iii)
of such Act;
(iii) providing services to
preschool-aged homeless children and
homeless secondary school students;
(iv) providing support services to
homeless children and youths in
shelters and other locations where they
may live; and
(v) removing barriers to homeless
children and youths' enrollment,
attendance, retention, and success in
school.
(C) Amount reserved.--The amount of funds
reserved in accordance with subparagraph (A)(i)
shall be determined by an assessment of the
needs of homeless children and youths in the
local educational agency. Such needs assessment
shall include the following:
(i) Information related to child,
youth, and family homelessness in the
local educational agency obtained
through the coordination and
collaboration required under
subsections (f)(4) and (g)(6) of
section 722 of the McKinney-Vento
Homeless Assistance Act.
(ii) The number of homeless
children and youths reported by the
local educational agency to the State
educational agency under section
722(f)(3) of the McKinney-Vento
Homeless Assistance Act for the
previous school year.
(4) Financial incentives and rewards reservation.--
A local educational agency may reserve such funds as
are necessary from those funds received by the local
educational agency under title II, and not more than 5
percent of those funds received by the local
educational agency under subpart 2, to provide
financial incentives and rewards to teachers who serve
in schools [eligible under this section and identified
for school improvement, corrective action, and
restructuring under section 1116(b)]identified as a
priority school under section 1116(d) for the purpose
of attracting and retaining qualified and effective
teachers.
SEC. 1114. SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--
(1) In general.--A local educational agency may
consolidate and use funds under this part, together
with other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that
serves an eligible school attendance area in which not
less than 40 percent of the children are from low-
income families, or not less than 40 percent of the
children enrolled in the school are from such families.
Funds provided under the program under this subpart and
subpart 2 may be used to support evidence-based
activities that address needs identified through the
comprehensive needs assessment under subsection
(b)(1)(A) and consistent with the schoolwide program.
(2) Identification of students not required.--
(A) In general.--* * *
(i) * * *
(ii) to [provide services to such
children that are supplementary, as
otherwise required by section
1120A(b).]identify particular services
as supplemental.
[(B) Supplemental funds.--A school
participating in a schoolwide program shall use
funds available to carry out this section only
to supplement the amount of funds that would,
in the absence of funds under this part, be
made available from non-Federal sources for the
school, including funds needed to provide
services that are required by law for children
with disabilities and children with limited
English proficiency.]
(B) Supplemental funds.--
(i) In general.--A local
educational agency serving a school
participating in a schoolwide program
shall use funds available to carry out
this section only to supplement the
aggregate amount of funds that would,
in the absence of funds provided under
the program under this subpart and
subpart 2, be made available from State
and local sources for the school,
including funds needed to provide
services that are required by law for
children with disabilities and children
who are English learners.
(ii) Compliance.--To demonstrate
compliance with clause (i), a local
educational agency shall demonstrate
that the methodology it uses to
allocate State and local funds to each
school receiving funds under the
program under this subpart and subpart
2 ensures the school receives all of
the State and local funds the school
would otherwise receive if it were not
receiving funds under this part.
(iii) Nonapplicability.--Section
1120(b) shall not apply to schools
operating schoolwide programs under
this section.
(3) Exemption from statutory and regulatory
requirements.--
(A) Exemption.--* * *
(B) Requirements.--A school that chooses to
use funds from such other programs shall not be
relieved of the requirements relating to
health, safety, civil rights, or student and
parental participation and involvement[,
services to private school children,
maintenance of effort, comparability of
services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the
distribution of funds to State educational
agencies or local educational agencies] that
apply to the receipt of funds from such
programs.
* * * * * * *
[(4) Professional development.--Each school
receiving funds under this part for any fiscal year
shall devote sufficient resources to effectively carry
out the activities described in subsection (b)(1)(D) in
accordance with section 1119 for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.]
(4) External providers.--A school may carry out a
schoolwide program under this subsection through an
external provider if the school demonstrates, in the
plan required under subsection (b)(2), that the
external provider has expertise in using strategies and
programs that are based on scientifically valid
research to improve teaching, learning, and schools.
(b) Components of a Schoolwide Program.--
(1) In general.--A schoolwide program shall include
the following components:
(A) A comprehensive needs assessment of the
entire school (including taking into account
the needs of migratory children as defined in
[section 1309(2)]section 1312) that is based on
information which includes the achievement of
children in relation to the State academic
content standards and the State student
academic achievement standards described in
[section 1111(b)(1)]section 1111(a)(1).
(B) Schoolwide reform strategies that--
(i) provide opportunities for all
children [to meet the State's
proficient and advanced levels of
student academic achievement described
in section 1111(b)(1)(D)]to be
proficient or advanced students, as
described in section
1111(a)(3)(B)(ii)(I);
(ii) use effective methods and
instructional strategies that are based
on [scientifically based
research]scientifically valid research
that--
(I) * * *
* * * * * * *
(iii)(I) * * *
(aa) counseling, [pupil
services]specialized
instructional support services,
and mentoring services;
(bb) college and career
awareness and preparation, such
as college and career guidance,
personal finance education, and
innovative teaching methods,
which may include applied
learning and team-teaching
strategies; [and]
(cc) the integration of
[vocational and technical
education programs; and]career
and technical education
programs;
(dd) implementation of
schoolwide positive behavioral
interventions and supports,
including through coordination
with activities carried out
under the Individuals with
Disabilities Education Act, in
order to improve academic
outcomes for students and
reduce the need for
suspensions, expulsions, and
other actions that remove
students from instruction; and
(ee) implementation of
early intervening services,
including through coordination
with early intervening services
carried out under the
Individuals with Disabilities
Education Act;
(II) address how the school will
determine if such needs have been met;
[and]
(III) provide a multi-tier system
of supports and positive behavioral
interventions and supports; and
(IV) provide programs, activities,
courses, and professional development
in the core academic subjects that are
targeted toward assisting children
described in subclause (I) in meeting
the academic content and student
academic achievement standards
described in section 1111(a)(1); and
(iv) * * *
(C) Instruction by highly qualified and
highly rated teachers.
[(D) In accordance with section 1119 and
subsection (a)(4), high-quality and ongoing
professional development for teachers,
principals, and paraprofessionals and, if
appropriate, pupil services personnel, parents,
and other staff to enable all children in the
school to meet the State's student academic
achievement standards.]
[(E)](D) Strategies to attract high-quality
highly qualified and highly rated teachers to
high-need schools.
[(F) Strategies to increase parental
involvement in accordance with section 1118,
such as family literary services.]
[(G)](E) Plans for assisting preschool
children in the transition from early childhood
programs, such as Head Start[, Even Start,
Early Reading First,], programs under part A of
title IV, or a State-run preschool program, to
local elementary school programs.
[(H)](F) Measures to include teachers in
the decisions regarding the use of academic
assessments described in [section
1111(b)(3)]section 1111(a)(2) in order to
provide information on, and to improve, the
achievement of individual students and the
overall instructional program.
[(I)](G) Activities to ensure that
[students who experience difficulty mastering
the proficient or advanced levels of academic
achievement standards required by section
1111(b)(1)]students described in subclause (II)
or (III) of section 1111(a)(3)(B)(ii) shall be
provided with effective, timely additional
assistance which shall include measures to
ensure that students' difficulties are
identified on a timely basis and to provide
sufficient information on which to base
effective assistance.
[(J)](H) Coordination and integration of
Federal, State, and local services and
programs, including programs supported under
this Act, violence prevention programs,
nutrition programs, housing programs, Head
Start, adult education, vocational and
technical education, and job training.
(2) Plan.--
(A) In general.--Any eligible school that
desires to operate a schoolwide program shall
first develop (or amend a plan for such a
program that was in existence on the day before
the date of enactment of the [No Child Left
Behind Act of 2001), in consultation with the
local educational agency and its school support
team or other technical assistance provider
under section 1117,]Strengthening America's
Schools Act of 2013), in consultation with the
local educational agency, a comprehensive plan
for reforming the total instructional program
in the school that--
(i) * * *
* * * * * * *
(iv) describes how the school will
provide individual student academic
assessment results in a language the
parents can understand, including an
interpretation of those results, to the
parents of a child who participates in
the academic assessments required by
[section 1111(b)(3)]section 1111(a)(2).
(B) Plan development.--The comprehensive
plan shall be--
(i) * * *
(I) the local educational
agency[, after considering the
recommendation of the technical
assistance providers under
section 1117,] determines that
less time is needed to develop
and implement the schoolwide
program; or
(II) the school is
operating a schoolwide program
on the day preceding the date
of enactment of [the No Child
Left Behind Act of 2001]the
Strengthening America's Schools
Act of 2013, in which case such
school may continue to operate
such program, but shall develop
amendments to its existing plan
during the first year of
assistance after that date to
reflect the provisions of this
section;
(ii) developed with the involvement
of parents and other members of the
community to be served and individuals
who will carry out such plan, including
teachers, principals, and
administrators (including
administrators of programs described in
other parts of this title), and, if
appropriate, [pupil services
personnel]specialized instructional
support personnel, technical assistance
providers, school staff, and, if the
plan relates to a secondary school,
students from such school;
* * * * * * *
(v) if appropriate, developed in
coordination with programs under
[Reading First, Early Reading First,
Even Start,]part A of title IV, the
Carl D. Perkins Career and Technical
Education Act of 2006, and the Head
Start Act.
(c) Prekindergarten Program.--A school that is eligible for
a schoolwide program under this section may use funds made
available under this part to establish or enhance
prekindergarten programs for children below the age of 6, such
as [Even Start programs or Early Reading First
programs]programs under part A of title IV.
SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
(a) In General.--* * *
(b) Eligible Children.--
(1) Eligible population.--
(A) In general.--* * *
* * * * * * *
(B) Eligible children from eligible
population.--From the population described in
subparagraph (A), eligible children are
children identified by the school as failing,
or most at risk of failing, to meet the State's
[challenging]college and career ready student
academic achievement standards on the basis of
multiple, educationally related, objective
criteria established by the local educational
agency and supplemented by the school, [except
that children from preschool through grade 2
shall be selected solely on the basis of such
criteria as teacher judgment, interviews with
parents, and developmentally appropriate
measures.]including children who are at risk of
failing to be ready for elementary school.
(2) Children included.--
(A) In general.--Children who are
economically disadvantaged, children with
disabilities, migrant children [or limited
English proficient children], or English
learners, are eligible for services under this
part on the same basis as other children
selected to receive services under this part.
[(B) Head start, even start, or early
reading first children.--A child who, at any
time in the 2 years preceding the year for
which the determination is made, participated
in a Head Start, Even Start, or Early Reading
First program, or in preschool services under
this title, is eligible for services under this
part.]
(B) Head start or literacy programs.--A
child who, at any time in the 2 years preceding
the year for which the determination is made,
participated in a Head Start program, a program
under part A of title IV, or in preschool
services under this title, is eligible for
services under this part.
* * * * * * *
(c) Components of a Targeted Assistance School Program.--
(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this part the opportunity to meet the State's
[challenging]college and career ready student academic
achievement standards in subjects as determined by the
State, each targeted assistance program under this
section shall--
(A) use such program's resources under this
part to help participating children meet such
State's [challenging]college and career ready
student academic achievement standards expected
for all children;
* * * * * * *
(C) use effective methods and instructional
strategies that are based on [scientifically
based research]scientifically valid research
that strengthens the core academic program of
the school and that--
(i) * * *
(ii) help provide an accelerated,
high-quality curriculum, including
applied learning; [and]
(iii) minimize removing children
from the regular classroom during
regular school hours for instruction
provided under this part;
(iv) may include a multi-tier
system of supports and positive
behavioral interventions and supports;
and
(v) may include support for
programs, activities, courses, and
professional development in the core
academic subjects that are targeted
toward participating children selected
in accordance with subsection (b) to
enable such children to meet the
academic content and student academic
achievement standards described in
section 1111(a);
(D) coordinate with and support the regular
education program, which may include services
to assist preschool children in the transition
from early childhood programs such as Head
Start, [Even Start, Early Reading
First]programs under part A of title IV, or
State-run preschool programs to elementary
school programs;
(E) provide instruction by highly qualified
and highly rated teachers;
(F) in accordance with [subsection (e)(3)
and section 1119]section 1117, provide
opportunities for professional development with
resources provided under this part, and, to the
extent practicable, from other sources, for
teachers, principals, and paraprofessionals,
including, if appropriate, [pupil services
personnel]specialized instructional support
personnel, parents, and other staff, who work
with participating children in programs under
this section or in the regular education
program;
* * * * * * *
(2) Requirements.--Each school conducting a program
under this section shall assist participating children
selected in accordance with subsection (b) to [meet the
State's proficient and advanced levels of
achievement]be proficient or advanced students, as
determined under section 1111(a)(3)(B)(ii)(I) by--
(A) * * *
(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's
[challenging]college and career ready student
academic achievement standards, such as an
extended school year, before- and after-school,
and summer programs and opportunities, training
for teachers regarding how to identify students
who need additional assistance, and training
for teachers regarding how to implement student
academic achievement standards in the
classroom.
* * * * * * *
(e) Special Rules.--
(1) Simultaneous service.--* * *
(2) Comprehensive services.--If--
(A) * * *
(B) * * *
(i) * * *
* * * * * * *
(iii) professional development
necessary to assist teachers, [pupil
services personnel]specialized
instructional support personnel, other
staff, and parents in identifying and
meeting the comprehensive needs of
eligible children.
(3) Professional development.--Each school
receiving funds under this part for any fiscal year
shall devote sufficient resources to carry out
effectively the professional development activities
described in subparagraph (F) of subsection (c)(1) in
accordance with [section 1119]section 1117 for such
fiscal year, and a school may enter into a consortium
with another school to carry out such activities.
[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
[(a) Local Review.--
[(1) In general.--Each local educational agency
receiving funds under this part shall--
[(A) use the State academic assessments and
other indicators described in the State plan to
review annually the progress of each school
served under this part to determine whether the
school is making adequate yearly progress as
defined in section 1111(b)(2);
[(B) at the local educational agency's
discretion, use any academic assessments or any
other academic indicators described in the
local educational agency's plan under section
1112(b)(1)(A) and (B) to review annually the
progress of each school served under this part
to determine whether the school is making
adequate yearly progress as defined in section
1111(b)(2), except that the local educational
agency may not use such indicators (other than
as provided for in section 1111(b)(2)(I)) if
the indicators reduce the number or change the
schools that would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116 if such
additional indicators were not used, but may
identify additional schools for school
improvement or in need of corrective action or
restructuring;
[(C) publicize and disseminate the results
of the local annual review described in
paragraph (1) 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 challenging State student academic
achievement standards established under section
1111(b)(1); and
[(D) review the effectiveness of the
actions and activities the schools are carrying
out under this part with respect to parental
involvement, professional development, and
other activities assisted under this part.
[(2) Available results.--The State educational
agency shall ensure that the results of State academic
assessments administered in that school year are
available to the local educational agency before the
beginning of the next school year.
[(b) School Improvement.--
[(1) General requirements.--
[(A) Identification.--Subject to
subparagraph (C), a local educational agency
shall identify for school improvement any
elementary school or secondary school served
under this part that fails, for 2 consecutive
years, to make adequate yearly progress as
defined in the State's plan under section
1111(b)(2).
[(B) Deadline.--The identification
described in subparagraph (A) shall take place
before the beginning of the school year
following such failure to make adequate yearly
progress.
[(C) Application.--Subparagraph (A) shall
not apply to a school if almost every student
in each group specified in section
1111(b)(2)(C)(v) enrolled in such school is
meeting or exceeding the State's proficient
level of academic achievement.
[(D) Targeted assistance schools.--To
determine if an elementary school or a
secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement, corrective
action, or restructuring under this section, a
local educational agency may choose to review
the progress of only the students in the school
who are served, or are eligible for services,
under this part.
[(E) Public school choice.--
[(i) In general.--In the case of a
school identified for school
improvement under this paragraph, the
local educational agency shall, not
later than the first day of the school
year following such identification,
provide all students enrolled in the
school with the option to transfer to
another public school served by the
local educational agency, which may
include a public charter school, that
has not been identified for school
improvement under this paragraph,
unless such an option is prohibited by
State law.
[(ii) Rule.--In providing students
the option to transfer to another
public school, the local educational
agency shall give priority to the
lowest achieving children from low-
income families, as determined by the
local educational agency for purposes
of allocating funds to schools under
section 1113(c)(1).
[(F) Transfer.--Students who use the option
to transfer under subparagraph (E) and
paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or
subsection (c)(10)(C)(vii) shall be enrolled in
classes and other activities in the public
school to which the students transfer in the
same manner as all other children at the public
school.
[(2) Opportunity to review and present evidence;
time limit.--
[(A) Identification.--Before identifying an
elementary school or a secondary school for
school improvement under paragraphs (1) or
(5)(A), for corrective action under paragraph
(7), or for restructuring under paragraph (8),
the 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 for identification under
paragraph (1), (5)(A), (7), or (8) 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 the identification.
[(3) School plan.--
[(A) Revised plan.--After the resolution of
a review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, and outside experts, for
approval by such local educational agency. The
school plan shall cover a 2-year period and--
[(i) incorporate strategies based
on scientifically based research that
will strengthen the core academic
subjects in the school and address the
specific academic issues that caused
the school to be identified for school
improvement, and may include a strategy
for the implementation of a
comprehensive school reform model that
includes each of the components
described in part F;
[(ii) adopt policies and practices
concerning the school's core academic
subjects that have the greatest
likelihood of ensuring that all groups
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school will meet the State's proficient
level of achievement on the State
academic assessment described in
section 1111(b)(3) not later than 12
years after the end of the 2001-2002
school year;
[(iii) provide an assurance that
the school will spend not less than 10
percent of the funds made available to
the school under section 1113 for each
fiscal year that the school is in
school improvement status, for the
purpose of providing to the school's
teachers and principal high-quality
professional development that--
[(I) directly addresses the
academic achievement problem
that caused the school to be
identified for school
improvement;
[(II) meets the
requirements for professional
development activities under
section 1119; and
[(III) is provided in a
manner that affords increased
opportunity for participating
in that professional
development;
[(iv) specify how the funds
described in clause (iii) will be used
to remove the school from school
improvement status;
[(v) establish specific annual,
measurable objectives for continuous
and substantial progress by each group
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school that will ensure that all such
groups of students will, in accordance
with adequate yearly progress as
defined in section 1111(b)(2), meet the
State's proficient level of achievement
on the State academic assessment
described in section 1111(b)(3) not
later than 12 years after the end of
the 2001-2002 school year;
[(vi) describe how the school will
provide written notice about the
identification to parents of each
student enrolled in such school, in a
format and, to the extent practicable,
in a language that the parents can
understand;
[(vii) specify the responsibilities
of the school, the local educational
agency, and the State educational
agency serving the school under the
plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4)
and the local educational agency's
responsibilities under section 1120A;
[(viii) include strategies to
promote effective parental involvement
in the school;
[(ix) incorporate, as appropriate,
activities before school, after school,
during the summer, and during any
extension of the school year; and
[(x) incorporate a teacher
mentoring program.
[(B) Conditional approval.--The local
educational agency may condition approval of a
school plan under this paragraph on--
[(i) inclusion of one or more of
the corrective actions specified in
paragraph (7)(C)(iv); or
[(ii) feedback on the school
improvement plan from parents and
community leaders.
[(C) Plan implementation.--Except as
provided in subparagraph (D), a school shall
implement the school plan (including a revised
plan) expeditiously, but not later than the
beginning of the next full school year
following the identification under paragraph
(1).
[(D) Plan approved during school year.--
Notwithstanding subparagraph (C), if a plan is
not approved prior to the beginning of a school
year, such plan shall be implemented
immediately upon approval.
[(E) Local educational agency approval.--
The local educational agency, within 45 days of
receiving a school plan, shall--
[(i) establish a peer review
process to assist with review of the
school plan; and
[(ii) promptly review the school
plan, work with the school as
necessary, and approve the school plan
if the plan meets the requirements of
this paragraph.
[(4) Technical assistance.--
[(A) In general.--For each school
identified for school improvement under
paragraph (1), the local educational agency
serving the school shall ensure the provision
of technical assistance as the school develops
and implements the school plan under paragraph
(3) throughout the plan's duration.
[(B) Specific assistance.--Such technical
assistance--
[(i) shall include assistance in
analyzing data from the assessments
required under section 1111(b)(3), and
other examples of student work, to
identify and address problems in
instruction, and problems if any, in
implementing the parental involvement
requirements described in section 1118,
the professional development
requirements described in section 1119,
and the responsibilities of the school
and local educational agency under the
school plan, and to identify and
address solutions to such problems;
[(ii) shall include assistance in
identifying and implementing
professional development, instructional
strategies, and methods of instruction
that are based on scientifically based
research and that have proven effective
in addressing the specific
instructional issues that caused the
school to be identified for school
improvement;
[(iii) shall include assistance in
analyzing and revising the school's
budget so that the school's resources
are more effectively allocated to the
activities most likely to increase
student academic achievement and to
remove the school from school
improvement status; and
[(iv) may be provided--
[(I) by the local
educational agency, through
mechanisms authorized under
section 1117; or
[(II) by the State
educational agency, an
institution of higher education
(that is in full compliance
with all the reporting
provisions of title II of the
Higher Education Act of 1965),
a private not-for-profit
organization or for-profit
organization, an educational
service agency, or another
entity with experience in
helping schools improve
academic achievement.
[(C) Scientifically based research.--
Technical assistance provided under this
section by a local educational agency or an
entity approved by that agency shall be based
on scientifically based research.
[(5) Failure to make adequate yearly progress after
identification.--In the case of any school served under
this part that fails to make adequate yearly progress,
as set out in the State's plan under section
1111(b)(2), by the end of the first full school year
after identification under paragraph (1), the local
educational agency serving such school--
[(A) shall continue to provide all students
enrolled in the school with the option to
transfer to another public school served by the
local educational agency in accordance with
subparagraphs (E) and (F);
[(B) shall make supplemental educational
services available consistent with subsection
(e)(1); and
[(C) shall continue to provide technical
assistance.
[(6) Notice to parents.--A local educational agency
shall promptly provide to a parent or parents (in an
understandable and uniform format and, to the extent
practicable, in a language the parents can understand)
of each student enrolled in an elementary school or a
secondary school identified for school improvement
under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph
(8)--
[(A) an explanation of what the
identification means, and how the school
compares in terms of academic achievement to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
[(B) the reasons for the identification;
[(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low achievement;
[(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
achievement problem;
[(E) an explanation of how the parents can
become involved in addressing the academic
issues that caused the school to be identified
for school improvement; and
[(F) an explanation of the parents' option
to transfer their child to another public
school under paragraphs (1)(E), (5)(A),
(7)(C)(i), (8)(A)(i), and subsection
(c)(10)(C)(vii) (with transportation provided
by the agency when required by paragraph (9))
or to obtain supplemental educational services
for the child, in accordance with subsection
(e).
[(7) Corrective action.--
[(A) In general.--In this subsection, the
term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to--
[(I) the consistent
academic failure of a school
that caused the local
educational agency to take such
action; and
[(II) any underlying
staffing, curriculum, or other
problems in the school; and
[(ii) is designed to increase
substantially the likelihood that each
group of students described in
1111(b)(2)(C) enrolled in the school
identified for corrective action will
meet or exceed the State's proficient
levels of achievement on the State
academic assessments described in
section 1111(b)(3).
[(B) System.--In order to help students
served under this part meet challenging State
student academic achievement standards, each
local educational agency shall implement a
system of corrective action in accordance with
subparagraphs (C) through (E).
[(C) Role of local educational agency.--In
the case of any school served by a local
educational agency under this part that fails
to make adequate yearly progress, as defined by
the State under section 1111(b)(2), by the end
of the second full school year after the
identification under paragraph (1), the local
educational agency shall--
[(i) continue to provide all
students enrolled in the school with
the option to transfer to another
public school served by the local
educational agency, in accordance with
paragraph (1)(E) and (F);
[(ii) continue to provide technical
assistance consistent with paragraph
(4) while instituting any corrective
action under clause (iv);
[(iii) continue to make
supplemental educational services
available, in accordance with
subsection (e), to children who remain
in the school; and
[(iv) identify the school for
corrective action and take at least one
of the following corrective actions:
[(I) Replace the school
staff who are relevant to the
failure to make adequate yearly
progress.
[(II) Institute and fully
implement a new curriculum,
including providing appropriate
professional development for
all relevant staff, that is
based on scientifically based
research and offers substantial
promise of improving
educational achievement for
low-achieving students and
enabling the school to make
adequate yearly progress.
[(III) Significantly
decrease management authority
at the school level.
[(IV) Appoint an outside
expert to advise the school on
its progress toward making
adequate yearly progress, based
on its school plan under
paragraph (3).
[(V) Extend the school year
or school day for the school.
[(VI) Restructure the
internal organizational
structure of the school.
[(D) Delay.--Notwithstanding any other
provision of this paragraph, the local
educational agency may delay, for a period not
to exceed 1 year, implementation of the
requirements under paragraph (5), corrective
action under this paragraph, or restructuring
under paragraph (8) if the school makes
adequate yearly progress for 1 year or if its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency or school. No
such period shall be taken into account in
determining the number of consecutive years of
failure to make adequate yearly progress.
[(E) Publication and dissemination.--The
local educational agency shall publish and
disseminate information regarding any
corrective action the local educational agency
takes under this paragraph at a school--
[(i) to the public and to the
parents of each student enrolled in the
school subject to corrective action;
[(ii) in an understandable and
uniform format and, to the extent
practicable, provided in a language
that the parents can understand; and
[(iii) through such means as the
Internet, the media, and public
agencies.
[(8) Restructuring.--
[(A) Failure to make adequate yearly
progress.--If, after 1 full school year of
corrective action under paragraph (7), a school
subject to such corrective action continues to
fail to make adequate yearly progress, then the
local educational agency shall--
[(i) continue to provide all
students enrolled in the school with
the option to transfer to another
public school served by the local
educational agency, in accordance with
paragraph (1)(E) and (F);
[(ii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iii) prepare a plan and make
necessary arrangements to carry out
subparagraph (B).
[(B) Alternative governance.--Not later
than the beginning of the school year following
the year in which the local educational agency
implements subparagraph (A), the local
educational agency shall implement one of the
following alternative governance arrangements
for the school consistent with State law:
[(i) Reopening the school as a
public charter school.
[(ii) Replacing all or most of the
school staff (which may include the
principal) who are relevant to the
failure to make adequate yearly
progress.
[(iii) Entering into a contract
with an entity, such as a private
management company, with a demonstrated
record of effectiveness, to operate the
public school.
[(iv) Turning the operation of the
school over to the State educational
agency, if permitted under State law
and agreed to by the State.
[(v) Any other major restructuring
of the school's governance arrangement
that makes fundamental reforms, such as
significant changes in the school's
staffing and governance, to improve
student academic achievement in the
school and that has substantial promise
of enabling the school to make adequate
yearly progress as defined in the State
plan under section 1111(b)(2). In the
case of a rural local educational
agency with a total of less than 600
students in average daily attendance at
the schools that are served by the
agency and all of whose schools have a
School Locale Code of 7 or 8, as
determined by the Secretary, the
Secretary shall, at such agency's
request, provide technical assistance
to such agency for the purpose of
implementing this clause.
[(C) Prompt notice.--The local educational
agency shall--
[(i) provide prompt notice to
teachers and parents whenever
subparagraph (A) or (B) applies; and
[(ii) provide the teachers and
parents with an adequate opportunity
to--
[(I) comment before taking
any action under those
subparagraphs; and
[(II) participate in
developing any plan under
subparagraph (A)(iii).
[(9) Transportation.--In any case described in
paragraph (1)(E) for schools described in paragraphs
(1)(A), (5), (7)(C)(i), and (8)(A), and subsection
(c)(10)(C)(vii), the local educational agency shall
provide, or shall pay for the provision of,
transportation for the student to the public school the
student attends.
[(10) Funds for transportation and supplemental
educational services.--
[(A) In general.--Unless a lesser amount is
needed to comply with paragraph (9) and to
satisfy all requests for supplemental
educational services under subsection (e), a
local educational agency shall spend an amount
equal to 20 percent of its allocation under
subpart 2, from which the agency shall spend--
[(i) an amount equal to 5 percent
of its allocation under subpart 2 to
provide, or pay for, transportation
under paragraph (9);
[(ii) an amount equal to 5 percent
of its allocation under subpart 2 to
provide supplemental educational
services under subsection (e); and
[(iii) an amount equal to the
remaining 10 percent of its allocation
under subpart 2 for transportation
under paragraph (9), supplemental
educational services under subsection
(e), or both, as the agency determines.
[(B) Total amount.--The total amount
described in subparagraph (A)(ii) is the
maximum amount the local educational agency
shall be required to spend under this part on
supplemental educational services described in
subsection (e).
[(C) Insufficient funds.--If the amount of
funds described in subparagraph (A)(ii) or
(iii) and available to provide services under
this subsection is insufficient to provide
supplemental educational services to each child
whose parents request the services, the local
educational agency shall give priority to
providing the services to the lowest-achieving
children.
[(D) Prohibition.--A local educational
agency shall not, as a result of the
application of this paragraph, reduce by more
than 15 percent the total amount made available
under section 1113(c) to a school described in
paragraph (7)(C) or (8)(A) of subsection (b).
[(11) Cooperative agreement.--In any case described
in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i),
or subsection (c)(10)(C)(vii) if all public schools
served by the local educational agency to which a child
may transfer are identified for school improvement,
corrective action or restructuring, the agency shall,
to the extent practicable, establish a cooperative
agreement with other local educational agencies in the
area for a transfer.
[(12) Duration.--If any school identified for
school improvement, corrective action, or restructuring
makes adequate yearly progress for two consecutive
school years, the local educational agency shall no
longer subject the school to the requirements of school
improvement, corrective action, or restructuring or
identify the school for school improvement for the
succeeding school year.
[(13) Special rule.--A local educational agency
shall permit a child who transferred to another school
under this subsection to remain in that school until
the child has completed the highest grade in that
school. The obligation of the local educational agency
to provide, or to provide for, transportation for the
child ends at the end of a school year if the local
educational agency determines that the school from
which the child transferred is no longer identified for
school improvement or subject to corrective action or
restructuring.
[(14) State educational agency responsibilities.--
The State educational agency shall--
[(A) make technical assistance under
section 1117 available to schools identified
for school improvement, corrective action, or
restructuring under this subsection consistent
with section 1117(a)(2);
[(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this subsection, take such corrective actions
as the State educational agency determines to
be appropriate and in compliance with State
law;
[(C) ensure that academic assessment
results under this part are provided to schools
before any identification of a school may take
place under this subsection; and
[(D) for local educational agencies or
schools identified for improvement under this
subsection, notify the Secretary of major
factors that were brought to the attention of
the State educational agency under section
1111(b)(9) that have significantly affected
student academic achievement.
[(c) State Review and Local Educational Agency
Improvement.--
[(1) In general.--A State shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student
academic achievement standards and to determine
if each local educational agency is carrying
out its responsibilities under this section and
sections 1117, 1118, and 1119; and
[(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review, including
statistically sound disaggregated results, as
required by section 1111(b)(2).
[(2) Rewards.--In the case of a local educational
agency that, for 2 consecutive years, has exceeded
adequate yearly progress as defined in the State plan
under section 1111(b)(2), the State may make rewards of
the kinds described under section 1117 to the agency.
[(3) Identification of local educational agency for
improvement.--A State shall identify for improvement
any local educational agency that, for 2 consecutive
years, including the period immediately prior to the
date of enactment of the No Child Left Behind Act of
2001, failed to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2).
[(4) Targeted assistance schools.--When reviewing
targeted assistance schools served by a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served, or are eligible for
services, under this part.
[(5) Opportunity to review and present evidence.--
[(A) Review.--Before identifying a local
educational agency for improvement under
paragraph (3) or corrective action under
paragraph (10), a State educational agency
shall provide the local educational agency with
an opportunity to review the data, including
academic assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the local educational
agency believes that the proposed
identification is in error for statistical or
other substantive reasons, the agency may
provide supporting evidence to the State
educational agency, which shall consider the
evidence before making a final determination
not later than 30 days after the State
educational agency provides the local
educational agency with the opportunity to
review such data under subparagraph (A).
[(6) Notification to parents.--The State
educational agency shall promptly provide to the
parents (in a format and, to the extent practicable, in
a language the parents can understand) of each student
enrolled in a school served by a local educational
agency identified for improvement, the results of the
review under paragraph (1) and, if the agency is
identified for improvement, the reasons for that
identification and how parents can participate in
upgrading the quality of the local educational agency.
[(7) Local educational agency revisions.--
[(A) Plan.--Each local educational agency
identified under paragraph (3) shall, not later
than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school
staff, and others. Such plan shall--
[(i) incorporate scientifically
based research strategies that
strengthen the core academic program in
schools served by the local educational
agency;
[(ii) identify actions that have
the greatest likelihood of improving
the achievement of participating
children in meeting the State's student
academic achievement standards;
[(iii) address the professional
development needs of the instructional
staff serving the agency by committing
to spend not less than 10 percent of
the funds received by the local
educational agency under subpart 2 for
each fiscal year in which the agency is
identified for improvement for
professional development (including
funds reserved for professional
development under subsection
(b)(3)(A)(iii)), but excluding funds
reserved for professional development
under section 1119;
[(iv) include specific measurable
achievement goals and targets for each
of the groups of students identified in
the disaggregated data pursuant to
section 1111(b)(2)(C)(v), consistent
with adequate yearly progress as
defined under section 1111(b)(2);
[(v) address the fundamental
teaching and learning needs in the
schools of that agency, and the
specific academic problems of low-
achieving students, including a
determination of why the local
educational agency's prior plan failed
to bring about increased student
academic achievement;
[(vi) incorporate, as appropriate,
activities before school, after school,
during the summer, and during an
extension of the school year;
[(vii) specify the responsibilities
of the State educational agency and the
local educational agency under the
plan, including specifying the
technical assistance to be provided by
the State educational agency under
paragraph (9) and the local educational
agency's responsibilities under section
1120A; and
[(viii) include strategies to
promote effective parental involvement
in the school.
[(B) Implementation.--The local educational
agency shall implement the plan (including a
revised plan) expeditiously, but not later than
the beginning of the next school year after the
school year in which the agency was identified
for improvement.
[(9) State educational agency responsibility.--
[(A) Technical or other assistance.--For
each local educational agency identified under
paragraph (3), the State educational agency
shall provide technical or other assistance if
requested, as authorized under section 1117, to
better enable the local educational agency to--
[(i) develop and implement the
local educational agency's plan; and
[(ii) work with schools needing
improvement.
[(B) Methods and strategies.--Technical
assistance provided under this section by the
State educational agency or an entity
authorized by such agency shall be supported by
effective methods and instructional strategies
based on scientifically based research. Such
technical assistance shall address problems, if
any, in implementing the parental involvement
activities described in section 1118 and the
professional development activities described
in section 1119.
[(10) Corrective action.--In order to help students
served under this part meet challenging State student
academic achievement standards, each State shall
implement a system of corrective action in accordance
with the following:
[(A) Definition.--As used in this
paragraph, the term ``corrective action'' means
action, consistent with State law, that--
[(i) substantially and directly
responds to the consistent academic
failure that caused the State to take
such action and to any underlying
staffing, curricular, or other problems
in the agency; and
[(ii) is designed to meet the goal
of having all students served under
this part achieve at the proficient and
advanced student academic achievement
levels.
[(B) General requirements.--After providing
technical assistance under paragraph (9) and
subject to subparagraph (E), the State--
[(i) may take corrective action at
any time with respect to a local
educational agency that has been
identified under paragraph (3);
[(ii) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State, by the end of the second full
school year after the identification of
the agency under paragraph (3); and
[(iii) shall continue to provide
technical assistance while instituting
any corrective action under clause (i)
or (ii).
[(C) Certain corrective actions required.--
In the case of a local educational agency
identified for corrective action, the State
educational agency shall take at least one of
the following corrective actions:
[(i) Deferring programmatic funds
or reducing administrative funds.
[(ii) Instituting and fully
implementing a new curriculum that is
based on State and local academic
content and achievement standards,
including providing appropriate
professional development based on
scientifically based research for all
relevant staff, that offers substantial
promise of improving educational
achievement for low-achieving students.
[(iii) Replacing the local
educational agency personnel who are
relevant to the failure to make
adequate yearly progress.
[(iv) Removing particular schools
from the jurisdiction of the local
educational agency and establishing
alternative arrangements for public
governance and supervision of such
schools.
[(v) Appointing, through the State
educational agency, a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
[(vi) Abolishing or restructuring
the local educational agency.
[(vii) Authorizing students to
transfer from a school operated by the
local educational agency to a higher-
performing public school operated by
another local educational agency in
accordance with subsections (b)(1)(E)
and (F), and providing to such students
transportation (or the costs of
transportation) to such schools
consistent with subsection (b)(9), in
conjunction with carrying out not less
than one additional action described
under this subparagraph.
[(D) Hearing.--Prior to implementing any
corrective action under this paragraph, the
State educational agency shall provide notice
and a hearing to the affected local educational
agency, if State law provides for such notice
and hearing. The hearing shall take place not
later than 45 days following the decision to
implement corrective action.
[(E) Notice to parents.--The State
educational agency shall publish, and
disseminate to parents and the public,
information on any corrective action the State
educational agency takes under this paragraph
through such means as the Internet, the media,
and public agencies.
[(F) Delay.--Notwithstanding subparagraph
(B)(ii), a State educational agency may delay,
for a period not to exceed 1 year,
implementation of corrective action under this
paragraph if the local educational agency makes
adequate yearly progress for 1 year or its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency. No such period
shall be taken into account in determining the
number of consecutive years of failure to make
adequate yearly progress.
[(11) Special rule.--If a local educational agency
makes adequate yearly progress for two consecutive
school years beginning after the date of identification
of the agency under paragraph (3), the State
educational agency need no longer identify the local
educational agency for improvement or subject the local
educational agency to corrective action for the
succeeding school year.
[(d) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district 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.
[(e) Supplemental Educational Services.--
[(1) Supplemental educational services.--In the
case of any school described in paragraph (5), (7), or
(8) of subsection (b), the local educational agency
serving such school shall, subject to this subsection,
arrange for the provision of supplemental educational
services to eligible children in the school from a
provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that
purpose by the State educational agency in accordance
with reasonable criteria, consistent with paragraph
(5), that the State educational agency shall adopt.
[(2) Local educational agency responsibilities.--
Each local educational agency subject to this
subsection shall--
[(A) provide, at a minimum, annual notice
to parents (in an understandable and uniform
format and, to the extent practicable, in a
language the parents can understand) of--
[(i) the availability of services
under this subsection;
[(ii) the identity of approved
providers of those services that are
within the local educational agency or
whose services are reasonably available
in neighboring local educational
agencies; and
[(iii) a brief description of the
services, qualifications, and
demonstrated effectiveness of each such
provider;
[(B) if requested, assist parents in
choosing a provider from the list of approved
providers maintained by the State;
[(C) apply fair and equitable procedures
for serving students if the number of spaces at
approved providers is not sufficient to serve
all students; and
[(D) not disclose to the public the
identity of any student who is eligible for, or
receiving, supplemental educational services
under this subsection without the written
permission of the parents of the student.
[(3) Agreement.--In the case of the selection of an
approved provider by a parent, the local educational
agency shall enter into an agreement with such
provider. Such agreement shall--
[(A) require the local educational agency
to develop, in consultation with parents (and
the provider chosen by the parents), a
statement of specific achievement goals for the
student, how the student's progress will be
measured, and a timetable for improving
achievement that, in the case of a student with
disabilities, is consistent with the student's
individualized education program under section
614(d) of the Individuals with Disabilities
Education Act;
[(B) describe how the student's parents and
the student's teacher or teachers will be
regularly informed of the student's progress;
[(C) provide for the termination of such
agreement if the provider is unable to meet
such goals and timetables;
[(D) contain provisions with respect to the
making of payments to the provider by the local
educational agency; and
[(E) prohibit the provider from disclosing
to the public the identity of any student
eligible for, or receiving, supplemental
educational services under this subsection
without the written permission of the parents
of such student.
[(4) State educational agency responsibilities.--A
State educational agency shall--
[(A) in consultation with local educational
agencies, parents, teachers, and other
interested members of the public, promote
maximum participation by providers to ensure,
to the extent practicable, that parents have as
many choices as possible;
[(B) develop and apply objective criteria,
consistent with paragraph (5), to potential
providers that are based on a demonstrated
record of effectiveness in increasing the
academic proficiency of students in subjects
relevant to meeting the State academic content
and student achievement standards adopted under
section 1111(b)(1);
[(C) maintain an updated list of approved
providers across the State, by school district,
from which parents may select;
[(D) develop, implement, and publicly
report on standards and techniques for
monitoring the quality and effectiveness of the
services offered by approved providers under
this subsection, and for withdrawing approval
from providers that fail, for 2 consecutive
years, to contribute to increasing the academic
proficiency of students served under this
subsection as described in subparagraph (B);
and
[(E) provide annual notice to potential
providers of supplemental educational services
of the opportunity to provide services under
this subsection and of the applicable
procedures for obtaining approval from the
State educational agency to be an approved
provider of those services.
[(5) Criteria for providers.--In order for a
provider to be included on the State list under
paragraph (4)(C), a provider shall agree to carry out
the following:
[(A) Provide parents of children receiving
supplemental educational services under this
subsection and the appropriate local
educational agency with information on the
progress of the children in increasing
achievement, in a format and, to the extent
practicable, a language that such parents can
understand.
[(B) Ensure that instruction provided and
content used by the provider are consistent
with the instruction provided and content used
by the local educational agency and State, and
are aligned with State student academic
achievement standards.
[(C) Meet all applicable Federal, State,
and local health, safety, and civil rights
laws.
[(D) Ensure that all instruction and
content under this subsection are secular,
neutral, and nonideological.
[(6) Amounts for supplemental educational
services.--The amount that a local educational agency
shall make available for supplemental educational
services for each child receiving those services under
this subsection shall be the lesser of--
[(A) the amount of the agency's allocation
under subpart 2, divided by the number of
children from families below the poverty level
counted under section 1124(c)(1)(A); or
[(B) the actual costs of the supplemental
educational services received by the child.
[(7) Funds provided by state educational agency.--
Each State educational agency may use funds that the
agency reserves under this part, and part A of title V,
to assist local educational agencies that do not have
sufficient funds to provide services under this
subsection for all eligible students requesting such
services.
[(8) Duration.--The local educational agency shall
continue to provide supplemental educational services
to a child receiving such services under this
subsection until the end of the school year in which
such services were first received.
[(9) Prohibition.--Nothing contained in this
subsection shall permit the making of any payment for
religious worship or instruction.
[(10) Waiver.--
[(A) Requirement.--At the request of a
local educational agency, a State educational
agency may waive, in whole or in part, the
requirement of this subsection to provide
supplemental educational services if the State
educational agency determines that--
[(i) none of the providers of those
services on the list approved by the
State educational agency under
paragraph (4)(C) makes those services
available in the area served by the
local educational agency or within a
reasonable distance of that area; and
[(ii) the local educational agency
provides evidence that it is not able
to provide those services.
[(B) Notification.--The State educational
agency shall notify the local educational
agency, within 30 days of receiving the local
educational agency's request for a waiver under
subparagraph (A), whether the request is
approved or disapproved and, if disapproved,
the reasons for the disapproval, in writing.
[(11) Special rule.--If State law prohibits a State
educational agency from carrying out one or more of its
responsibilities under paragraph (4) with respect to
those who provide, or seek approval to provide,
supplemental educational services, each local
educational agency in the State shall carry out those
responsibilities with respect to its students who are
eligible for those services.
[(12) Definitions.--In this subsection--
[(A) the term ``eligible child'' means a
child from a low-income family, as determined
by the local educational agency for purposes of
allocating funds to schools under section
1113(c)(1);
[(B) the term ``provider'' means a non-
profit entity, a for-profit entity, or a local
educational agency that--
[(i) has a demonstrated record of
effectiveness in increasing student
academic achievement;
[(ii) is capable of providing
supplemental educational services that
are consistent with the instructional
program of the local educational agency
and the academic standards described
under section 1111; and
[(iii) is financially sound; and
[(C) the term ``supplemental educational
services'' means tutoring and other
supplemental academic enrichment services that
are--
[(i) in addition to instruction
provided during the school day; and
[(ii) are of high quality,
research-based, and specifically
designed to increase the academic
achievement of eligible children on the
academic assessments required under
section 1111 and attain proficiency in
meeting the State's academic
achievement standards.
[(f) Schools and LEAs Previously Identified for Improvement
or Corrective Action.--
[(1) Schools.--
[(A) School improvement.--
[(i) Schools in school-improvement
status before date of enactment.--Any
school that was in the first year of
school improvement status under this
section on the day preceding the date
of enactment of the No Child Left
Behind Act of 2001 (as this section was
in effect on such day) shall be treated
by the local educational agency as a
school that is in the first year of
school improvement status under
paragraph (1).
[(ii) Schools in school-improvement
status for 2 or more years before date
of enactment.--Any school that was in
school improvement status under this
section for two or more consecutive
school years preceding the date of
enactment of the No Child Left Behind
Act of 2001 (as this section was in
effect on such day) shall be treated by
the local educational agency as a
school described in subsection (b)(5).
[(B) Corrective action.--Any school that
was in corrective action status under this
section on the day preceding the date of
enactment of the No Child Left Behind Act of
2001 (as this section was in effect on such
day) shall be treated by the local educational
agency as a school described in paragraph (7).
[(2) LEAs.--
[(A) LEA improvement.--A State shall
identify for improvement under subsection
(c)(3) any local educational agency that was in
improvement status under this section as this
section was in effect on the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(B) Corrective action.--A State shall
identify for corrective action under subsection
(c)(10) any local educational agency that was
in corrective action status under this section
as this section was in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001.
[(C) Special rule.--For the schools and
other local educational agencies described
under paragraphs (1) and (2), as required, the
State shall ensure that public school choice in
accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in
accordance with subsection (e) are provided not
later than the first day of the 2002-2003
school year.
[(D) Transition.--With respect to a
determination that a local educational agency
has for 2 consecutive years failed to make
adequate yearly progress as defined in the
State plan under section 1111(b)(2), such
determination shall include in such 2-year
period any continuous period of time
immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during
which the agency has failed to make such
progress.
[(g) Schools Funded by the Bureau of Indian Affairs.--
[(1) Adequate yearly progress for bureau funded
schools.--
[(A) Development of definition.--
[(i) Definition.--The Secretary of
the Interior, in consultation with the
Secretary if the Secretary of Interior
requests the consultation, using the
process set out in section 1138(b) of
the Education Amendments of 1978, shall
define adequate yearly progress,
consistent with section 1111(b), for
the schools funded by the Bureau of
Indian Affairs on a regional or tribal
basis, as appropriate, taking into
account the unique circumstances and
needs of such schools and the students
served by such schools.
[(ii) Use of definition.--The
Secretary of the Interior, consistent
with clause (i), may use the definition
of adequate yearly progress that the
State in which the school that is
funded by the Bureau is located uses
consistent with section 1111(b), or in
the case of schools that are located in
more than one State, the Secretary of
the Interior may use whichever State
definition of adequate yearly progress
that best meets the unique
circumstances and needs of such school
or schools and the students the schools
serve.
[(B) Waiver.--The tribal governing body or
school board of a school funded by the Bureau
of Indian Affairs may waive, in part or in
whole, the definition of adequate yearly
progress established pursuant to paragraph (A)
where such definition is determined by such
body or school board to be inappropriate. If
such definition is waived, the tribal governing
body or school board shall, within 60 days
thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of
adequate yearly progress, consistent with
section 1111(b), that takes into account the
unique circumstances and needs of such school
or schools and the students served. The
Secretary of the Interior, in consultation with
the Secretary if the Secretary of Interior
requests the consultation, shall approve such
alternative definition unless the Secretary
determines that the definition does not meet
the requirements of section 1111(b), taking
into account the unique circumstances and needs
of such school or schools and the students
served.
[(C) Technical assistance.--The Secretary
of Interior shall, in consultation with the
Secretary if the Secretary of Interior requests
the consultation, either directly or through a
contract, provide technical assistance, upon
request, to a tribal governing body or school
board of a school funded by the Bureau of
Indian Affairs that seeks to develop an
alternative definition of adequate yearly
progress.
[(2) Accountability for bia schools.--For the
purposes of this section, schools funded by the Bureau
of Indian Affairs shall be considered schools subject
to subsection (b), as specifically provided for in this
subsection, except that such schools shall not be
subject to subsection (c), or the requirements to
provide public school choice and supplemental
educational services under subsections (b) and (e).
[(3) School improvement for bureau schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to development and
implementation of any school improvement plan
as described in subsections (b)(1) through
(b)(3), and subsection (b)(5), other than
subsection (b)(1)(E). The Bureau of Indian
Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to
technical assistance.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
development and implementation of any school
improvement plan as described in subsections
(b)(1) through (b)(5), other than subsection
(b)(1)(E).
[(4) Corrective action and restructuring for
bureau-funded schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to corrective action
and restructuring as described in subsection
(b)(7) and (b)(8). Any action taken by such
school board under subsection (b)(7) or (b)(8)
shall take into account the unique
circumstances and structure of the Bureau of
Indian Affairs-funded school system and the
laws governing that system.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
corrective action and restructuring as
described in subsection (b)(7) and (b)(8). Any
action taken by the Bureau under subsection
(b)(7) or (b)(8) shall take into account the
unique circumstances and structure of the
Bureau of Indian Affairs-funded school system
and the laws governing that system.
[(5) Annual report.--On an annual basis, the
Secretary of the Interior shall report to the Secretary
of Education and to the appropriate committees of
Congress regarding any schools funded by the Bureau of
Indian Affairs which have been identified for school
improvement. Such report shall include--
[(A) the identity of each school;
[(B) a statement from each affected school
board regarding the factors that lead to such
identification; and
[(C) an analysis by the Secretary of the
Interior, in consultation with the Secretary if
the Secretary of Interior requests the
consultation, as to whether sufficient
resources were available to enable such school
to achieve adequate yearly progress.
[(h) Other Agencies.--After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the
extent feasible and necessary as determined by the Secretary,
other relevant Federal agencies regarding the major factors
that were determined by the State educational agency to have
significantly affected student academic achievement.]
SEC. 1116. SCHOOL PERFORMANCE.
Section 1116 (20 U.S.C. 6316) is amended to read as
follows:
SEC. 1116. SCHOOL PERFORMANCE.
(a) School Accountability and Improvement System.--
(1) In general.--Each State receiving a grant under
the program under this subpart and subpart 2 shall
establish a school accountability and improvement
system that--
(A) is part of the accountability system
required under section 1111(a)(3) and
implements the requirements of such system;
(B) supports schools that are not meeting
the State's performance targets under section
1111(a)(3)(C) for all students; and
(C) identifies the public elementary
schools and secondary schools in the State that
will need local interventions under subsection
(b), that are focus schools under subsection
(c), and that are priority schools under
subsection (d), and the processes to be used to
improve schools in each category, in accordance
with this section and section 2123(b)(2).
(2) Review and approval.--The State shall include
information describing the school accountability and
improvement system in the State plan under section
1111(b), which shall be subject to peer review and
approval by the Secretary as part of the State plan, in
accordance with such section.
(b) Local Interventions; Reporting.--
(1) Local interventions.--Beginning in the 2015-
2016 school year, each local educational agency
receiving a subgrant under the program under this
subpart and subpart 2 shall--
(A) identify each school that, after 2
consecutive years, has not met the same
performance target described in section
1111(a)(3)(C) for the same subgroup described
in section 1111(a)(3)(D); and
(B) ensure that such school, in
collaboration with the local educational
agency, develops and implements a locally
designed intervention to improve student
achievement in each such subgroup.
(2) Reporting.--Each local educational agency that
implements locally designed interventions under
paragraph (1) to support schools that have not met
performance targets for a subgroup will report to the
State educational agency regarding the resources and
interventions used to address the achievement of
students in the subgroup, and the outcomes of those
efforts. The State educational agency shall annually
select the interventions with exemplary outcomes, share
such interventions and outcomes with the public, and
communicate such interventions and outcomes to the
Secretary.
(3) Lack of improvement.--Each school served under
the program under this subpart that has been identified
as a school that has not met the same subgroup
performance target, as described in paragraph (1), for
the preceding 3 consecutive years shall work with the
State educational agency to implement a State-approved
intervention based on established best practices within
State.
(c) Focus Schools.--
(1) Identification.--Beginning in the 2015-2016
school year, a State shall identify as a focus school,
for the 3-year period following the school's
identification period (except as provided in paragraph
(4))--
(A) each public school in the State that--
(i) is not identified as a priority
school under subsection (d); and
(ii) is in the 10 percent of all
public schools in the State with the
greatest achievement gaps among the
subgroups described in section
1111(a)(3)(D) as compared to the
statewide average, as determined by the
State academic assessments under
section 1111(a)(2); and
(B) each public high school in the State
that--
(i) is not identified as a priority
school under subsection (d); and
(ii) is in the 10 percent of such
schools with the greatest graduation
rate gaps among such subgroups as
compared to the statewide averages.
(2) Improvement strategies.--For each focus school
identified under paragraph (1), the local educational
agency serving the school shall, in accordance with the
State accountability system described in section
1111(a)(3), develop and implement a measurable and
data-driven correction plan to improve the performance
of low-achieving subgroups in the school in order to
close achievement gaps. A correction plan under this
paragraph shall be developed with input from teachers,
parents, community members, and other stakeholders.
(3) State waiver.--If a State determines that all
schools that would otherwise be considered to be the
lowest-achieving 10 percent of schools with the
greatest achievement gap, or graduation rate gap, under
paragraph (1), are actually performing at a
satisfactory level of performance, the State may apply
to the Secretary to waive the requirements of this
subsection with respect to such schools.
(4) Improvement.--The State educational agency
shall no longer identify a school that has been
identified as a focus school for any remainder of the
school's 3-year identification period if--
(A) at any time during the 3-year period
for which a school is so identified, the school
has met all of its performance targets as
described in section 1111(a)(3)(C) for the
school year; or
(B) after 2 years of the 3-year period, the
State determines, based on the most current
data, that the school's rate of improvement is
sufficient to enable the school to meet all of
the school's performance targets by the end of
the 3-year period.
(d) Priority Schools.--
(1) Identification.--
(A) In general.--Beginning in the 2015-2016
school year, a State shall identify as a
priority school, for the 3-year period
following the school's identification (except
as provided in paragraph (5))--
(i) each school served under this
subpart in the State that is in the
lowest-achieving 5 percent of
elementary schools;
(ii) each school served under this
subpart in the State that is in the
lowest-achieving 5 percent of secondary
schools;
(iii) each public high school in
the State with a graduation rate of
less than 60 percent; and
(iv) each school served under this
subpart that has been identified as a
focus school under subsection (c) for
the 6 preceding consecutive years.
(B) State waiver.--If a State determines
that all schools that would otherwise be
considered to be the lowest-achieving 5 percent
of schools under clause (i) or (ii) of
subparagraph (A), are actually performing at a
satisfactory level of performance based on the
measures used by the State to identify priority
schools, the State may apply to the Secretary
to waive the requirements of this paragraph,
and paragraphs (2) through (5), for such
schools.
(2) Needs analysis.--Each local educational agency
receiving assistance under the program under this
subpart and subpart 2 shall conduct a data-driven needs
analysis, which may involve an external partner with
expertise in conducting such needs analysis, of each
school identified as a priority school, as the case may
be, to determine the most appropriate school
improvement strategies to improve student performance.
Such needs analysis shall include--
(A) a diagnostic review of data related to
students and instructional staff;
(B) an analysis of the school governance,
curriculum, instruction, student supports,
conditions for learning, and parent and family
engagement practices relative to the needs of
the student population;
(C) the resources, which may include
community-based supports and early childhood
education, available at the school, local
educational agency, and community levels to
meet student needs and support improved student
achievement and outcomes and the implementation
of any school improvement strategy; and
(D) an analysis of the school's current use
of time and an assessment of how much student,
teacher, principal, and staff time will be
required to meet student needs and support
improved student achievement and outcomes and
the implementation of any school improvement
strategy, including consideration of whether
increased learning time is necessary to ensure
successful implementation.
(3) State and local responsibilities for identified
schools.--
(A) State responsibilities.--Each State
receiving a grant under the program under this
subpart and subpart 2 shall ensure that a local
educational agency receiving assistance under
such program carries out the requirements of
subparagraph (B) for each school identified as
a priority school under paragraph (1) in the
State.
(B) Local educational agency
responsibilities.--Each local educational
agency receiving assistance under the program
under this subpart and subpart 2 shall,
consistent with the State's accountability
system under section 1111(a)(3)--
(i) establish a process for
selecting an appropriate school
improvement strategy for each school
described in subparagraph (A) that is
served by the local educational agency;
(ii) select the school improvement
strategy to be used in each such school
and the timeline for implementing the
selected school improvement strategy in
such school;
(iii) develop a detailed budget
covering the 3-year identification
period, including planned expenditures
at the school level for activities
supporting full and effective
implementation of the selected school
improvement strategy;
(iv) implement a school improvement
strategy at the school in accordance
with the requirements of paragraph (4);
(v) use appropriate measures to
monitor the effectiveness of the
implementation;
(vi) review and select turnaround
partners to assist in implementing
school improvement strategies;
(vii) align other Federal, State,
and local resources with the school
improvement strategy;
(viii) provide the school with the
operational flexibility, including
autonomy over staffing, time, and
budget, needed to enable full and
effective implementation of the
selected strategy, including through
the modification of practices or
policies, if necessary;
(ix) collect and use data on an
ongoing basis to adjust implementation
of the school improvement strategy to
improve student achievement;
(x) provide an assurance that the
implementation of the selected school
improvement strategy addresses the
needs of all the subgroups of students
described in section 1111(a)(3)(D) in
the school;
(xi) take steps to sustain
successful reforms and practices after
the school is no longer identified as a
priority school;
(xii) provide technical assistance
and other support to ensure students
graduate from high school college and
career ready, as determined by the
State's academic content standards
under section 1111(a)(1), through the
effective implementation of the school
improvement strategy in the school,
which--
(I) may include assistance
in--
(aa) data
collection and
analysis;
(bb) recruiting and
retaining staff;
(cc) teacher and
principal evaluation;
(dd) professional
development;
(ee) parent and
family engagement;
(ff) coordination
of services with high-
quality early childhood
education providers;
(gg) coordination
of services to address
students' social,
emotional, and health
needs;
(hh) increasing
learning time;
(ii) coordination
of services with
institutions of higher
education to facilitate
the implementation of
dual enrollment
programs and early
college high schools;
and
(jj) monitoring the
implementation of the
school improvement
strategy selected under
paragraph (4); and
(II) shall include
assistance in the
implementation of schoolwide
positive behavior supports,
school-based mental health
programs, and other approaches
with evidence of effectiveness,
for improving the learning
environment in the school and
reducing the need for
suspensions, expulsions, and
other actions that remove
students from instruction,
including effective strategies
for improving coordination of
community resources;
(xiii) establish partnerships with
employers, institutions of higher
education, service providers, and
others to assist in implementing school
improvement strategies described in
paragraph (4); and
(xiv) review school discipline and
climate data, disaggregated by each
subgroup described in section
1111(a)(3)(D), in assessing the needs
of the school and, if low-achieving
subgroups receive a disproportionate
amount of suspensions, expulsions, or
other forms of exclusionary discipline,
incorporate evidence-based strategies
to reduce out-of-classroom punishment
and promote student engagement in the
school's improvement plan.
(C) State as local educational agency.--If
a school identified as a priority school under
this subsection for a 3-year identification
period is re-identified as a priority school
for the subsequent 3-year period, the State may
take over the school and act as the local
educational agency for purposes of this
subsection, if permitted under State law.
(4) School improvement strategies.--
(A) Required activities for all school
improvement strategies.--A local educational
agency implementing any strategies under this
paragraph for a school shall--
(i) provide staff at the school
with ongoing professional development,
consistent with the needs analysis
described in paragraph (2);
(ii) conduct regular evaluations
for the teachers and principals at the
school that provide specific feedback
on areas of strength and in need of
improvement;
(iii) provide time for
collaboration among instructional staff
at the school to improve student
achievement;
(iv) provide instructional staff at
the school with timely access to
student data to inform instruction and
meet the academic needs of individual
students, which may include, in
elementary school, school readiness
data;
(v) collaborate with parents and
families, the community, teachers,
other school personnel at the school,
and representatives of Indian tribes
located in the area served by the local
educational agency, on the selection
and implementation of the strategy;
(vi) use data to identify and
implement a research-based
instructional program that--
(I) analyzes student
progress and performance and
develops appropriate
interventions for students who
are not making adequate
progress;
(II) provides
differentiated instruction and
related instructional supports;
and
(III) meets the unique
cultural, language, and
educational needs of all
students served by such school;
(vii) in the case of an elementary
school with kindergarten entry--
(I) examine factors that
contribute to school readiness
as part of the needs analysis
conducted under paragraph (2);
(II) coordinate with
appropriate high-quality early
childhood programs, such as
programs under the Child Care
Development and Block Grant Act
of 1990 (42 U.S.C. 9858 et
seq.), the Head Start Act (42
U.S.C. 9801 et seq.),
prekindergarten programs, and
other similar Federal, State,
and local programs, in order to
align instruction to better
prepare students for elementary
school; and
(III) develop a plan to
improve or expand high-quality
early childhood options which
may include the use of funds
under the program under this
subpart and subpart 2 for such
purposes;
(viii) provide ongoing mechanisms
for parent and family engagement;
(ix) provide appropriate services
and evidence-based, integrated supports
for students as identified in the
school's needs analysis;
(x) describe, in a report to the
State educational agency and made
available to the public upon request,
how the local educational agency or
school will adopt and implement
policies or practices to develop,
implement, improve, or expand positive
behavioral interventions and supports,
early intervening services, and school-
based mental health programs in
accordance with the requirements of
clauses (xi) through (xiv);
(xi)(I) review and analyze the
school's efforts to address behavioral
or disciplinary problems; and
(II) assist the school in
developing, expanding, or improving the
use of schoolwide positive behavioral
interventions and supports that are
aligned with activities carried out
under the Individuals with Disabilities
Education Act;
(xii) review and analyze the
school's efforts to identify and assist
students with poor academic achievement
and students who are children with
disabilities, and assist the school in
developing, implementing, or improving
early intervening services that are
coordinated with activities carried out
under the Individuals with Disabilities
Education Act;
(xiii) review the number of
discipline incidents in the school and
use that information to assist the
school to implement schoolwide positive
behavioral interventions and supports
or other early intervening services, or
both; and
(xiv) review and analyze the
school's efforts to address mental
health needs among students and assist
the school in developing or improving
school-based mental health programs
that are coordinated with activities
carried out under the Individuals with
Disabilities Education Act.
(B) Strategies.--A local educational agency
shall identify a school improvement strategy
for a school identified as a priority school
under paragraph (1) from among the following
strategies:
(i) Transformation strategy.--A
local educational agency implementing a
transformation strategy in a school
shall--
(I) replace the principal,
if the principal has served in
that role at the school for
more than 2 years, with a
principal who has a
demonstrated record of success
in increasing student
achievement and--
(aa) training or
experience in raising
student achievement; or
(bb) training or
experience in turning
around low-performing
schools;
(II) require existing
instructional staff and school
leadership to reapply for their
positions;
(III) require that all
instructional staff and school
leadership hiring be done at
the school through mutual
consent; and
(IV) establish schedules
and implement strategies that
provide increased learning
time.
(ii) Turnaround strategy.--A local
educational agency implementing a
turnaround model as a strategy for a
school shall--
(I) replace the principal,
if the principal has served in
that role at the school for
more than 2 years, with a
principal who has the
demonstrated record of success
and the training or experience
described in item (aa) or (bb)
of clause (i)(I);
(II) screen all teachers in
the school and retain not more
than 65 percent of them; and
(III) establish schedules
and implement strategies that
provide increased learning
time.
(iii) Whole school reform
strategy.--A local educational agency
implementing a whole school reform
strategy for a school shall implement
an evidence-based strategy that ensures
whole school reform. The strategy shall
be undertaken in partnership with an
external provider offering a school
reform program that is based on at
least a moderate level of evidence that
the program will have a statistically
significant effect on student outcomes,
including more than 1 well-designed or
well-implemented experimental or quasi-
experimental study.
(iv) Restart strategy.--A local
educational agency implementing a
restart strategy in a school shall
carry out the following:
(I)(aa) Convert the school
into a public charter school,
or close and reopen the school
as a public charter school in
partnership with a nonprofit
charter school operator, a
nonprofit charter management
organization, or a nonprofit
education management
organization, that has a
demonstrated record of
improving student achievement
for students similar to those
served by the school; or
(bb) convert the school to
a magnet school or create a
new, innovative school, as
defined by the State.
(II) Ensure that the new
school--
(aa) serves the
grade levels as the
original school for
which the strategy is
being implemented; and
(bb) enrolls any
former student of the
original school who
requests to attend the
school and then, after
all such students are
enrolled, admits
additional students,
using a random lottery
system if more students
apply for admission
than can be
accommodated.
(v) School closure strategy.--A
local educational agency implementing a
school closure strategy for a school--
(I) shall close the school
and enroll the students who
attended the school in other
schools, including charter
schools, served by the local
educational agency that are
within reasonable proximity to
the closed school, as
determined by the local
educational agency, and that
are higher-performing than the
school that is being closed;
(II) shall provide
transportation, or shall pay
for the provision of
transportation, for each such
student to the student's new
school, consistent with State
law and local educational
agency policy;
(III) shall provide
information about high-quality
educational options, as well as
transition and support services
to students, who attended the
closed school and the students'
parents; and
(IV) may use school
improvement funds provided
under subsection (f) to pay for
the expenses of--
(aa) transitioning
students from the
school that is being
closed to the new
school;
(bb) supporting the
new school; and
(cc) expanding and
offering student
supports and services
within the new school,
which may include high-
quality prekindergarten
programs and services.
(C) Flexibility.--
(i) Flexibility for certain local
educational agencies.--Notwithstanding
any other provision of this paragraph--
(I) a local educational
agency that is eligible for
services under subpart 1 or 2
of part B of title VI, as
determined by the Secretary,
may modify not more than 1 of
the elements or activities
required under subparagraph (A)
of a school improvement
strategy selected for a school
identified under paragraph (4)
in order to better meet the
needs of students in such
school; and
(II) a State educational
agency may apply to the
Secretary for a waiver of
clauses (i)(I) and (ii)(I) of
subparagraph (B).
(ii) State flexibility.--
Notwithstanding any other provision of
this paragraph, a State educational
agency may, with the approval of the
Secretary, establish an alternative
State-determined, evidence-based,
school improvement strategy that may be
used by local educational agencies in
the State in addition to the strategies
described in subparagraph (B), except
that funds provided under this title
shall not be used for school vouchers.
(D) Public school choice.--
(i) In general.--In addition to the
requirements of subparagraph (A) and
the school improvement strategy
determined under subparagraph (B) or
(C)(ii), a local educational agency
shall, not later than 3 months before
the first day of the school year
following identification as a priority
school under paragraph (1), provide all
students enrolled in the identified
school with the option to transfer to
another public school served by the
local educational agency that has not
been identified under such paragraph,
unless such an option is prohibited by
State law.
(ii) Priority.--In providing
students the option to transfer to
another public school, the local
educational agency shall give priority
to the lowest-achieving children from
low-income families, as determined by
the local educational agency for the
purposes of allocating funds to schools
under section 1113(a)(3).
(iii) Treatment.--Students who use
the option to transfer to another
public school shall be enrolled in
classes and other activities in the
public school to which the students
transfer in the same manner as all
other children at the public school.
(iv) Special rule.--A local
educational agency shall permit a child
who transfers to another public school
under this subparagraph to remain in
that school until the child has
completed the highest grade in such
school.
(5) Improvement.--
(A) In general.--The State educational
agency shall no longer identify a school that
has been identified as a priority school for
any remainder of the school's 3-year
identification period if--
(i) after 2 years of the 3-year
period for which a school is identified
as a priority school under paragraph
(1), the school has met all of the
school's performance targets as
described in section 1111(a)(3)(C); or
(ii) after 2 years of the 3-year
period, the State determines, based on
the most current data, that the
school's rate of improvement is
sufficient to enable the school to meet
all of the school's performance targets
by the end of the 3-year period.
(B) Continued eligibility for school
improvement funds.--If an eligible entity, as
defined in subsection (f)(1), was receiving
school improvement funds under subsection (f)
for a school that improves as described in
subparagraph (A), the eligible entity shall
continue to receive such grant funds, and use
such funds to carry out the grant activities in
such school, for the full period of such grant.
(6) Repeated classification as a priority school.--
(A) In general.--For each public school
that is identified as a priority school under
paragraph (1) for any portion of a 3-year
period and is re-identified under such
paragraph for the subsequent time period, the
local educational agency shall carry out the
requirements of this subsection for such
subsequent period by implementing, with respect
to such school, the restart strategy or school
closure strategy under clause (iv) or (v) of
paragraph (4)(B).
(B) Special rule.--Notwithstanding
subparagraph (A), a local educational agency
serving a school described in such paragraph
may, in coordination with the State educational
agency and based on a community needs
assessment, apply to the Secretary for a waiver
to implement another school improvement model
not previously used by the local educational
agency for the school.
(e) Report on Professional Development Funds for Priority
Schools.--Each local educational agency that receives subgrant
funds under the program under this subpart and subpart 2 shall
prepare and submit a report to the State educational agency, at
the end of each school year, regarding--
(1) the local educational agency's use of funds for
professional development, as required under section
2123(b)(2), in schools identified as priority schools
under subsection (d) that did not receive funds under
subsection (f); and
(2) any changes in, or effects on, student
performance at such schools during such school year.
(f) School Improvement Funds.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--the term ``eligible
entity'' means--
(i) a State educational agency that
is operating a statewide recovery
school district;
(ii) a local educational agency
that receives funds under the program
under this subpart and subpart 2 and
serves at least 1 eligible school;
(iii) a consortium of such local
educational agencies; or
(iv) an educational service agency
that serves at least 1 local
educational agency described in clause
(ii).
(B) Eligible school.--The term ``eligible
school'' means a school identified as a
priority school under subsection (d).
(2) Allotments to states.--
(A) In general.--From the funds made
available to carry out this subsection under
section 3(a)(2) for a fiscal year, the
Secretary shall provide States that submit an
application described in paragraph (3) with
school improvement funds through an allotment,
as determined under subparagraph (B) and in
addition to the amounts made available to
States under subpart 2, to enable the States to
award subgrants and carry out the activities
described in this subsection to assist eligible
schools.
(B) Allotments to states.--From the funds
made available to carry out this subsection
under section 3(a)(2) for a fiscal year, the
Secretary shall allot to each State with an
approved application an amount that bears the
same relation to such funds as the amount that
the State received under subpart 2 for the
preceding fiscal year bears to the amount that
all States receive under such subpart for such
fiscal year.
(3) State application.--A State that desires to
receive school improvement funds 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 include a description of--
(A) the process and the criteria that the
State will use to award subgrants under
paragraph (5)(A)(i);
(B) the process and the criteria the State
will use to determine whether the eligible
entity's proposal for each eligible school
meets the requirements of paragraphs (2) and
(4), and subparagraphs (A) and (B) of paragraph
(3), of subsection (d);
(C) how the State will ensure geographic
diversity in making subgrants;
(D) how the State will set priorities in
awarding subgrants to eligible entities;
(E) how the State will monitor and evaluate
the implementation of school improvement
strategies by eligible entities, including how
the State will use the results of the
evaluation to improve State strategies for
supporting schools identified under subsection
(d); and
(F) how the State will reduce barriers for
schools in the implementation of school
improvement strategies, including operational
flexibility that would enable complete
implementation of the selected school
improvement strategy.
(4) State administration and technical
assistance.--A State that receives an allotment under
this subsection may reserve not more than a total of 5
percent of such allotment for the administration of
this subsection, which may include activities aimed at
building State capacity to support the local
educational agency and school improvement, such as
providing technical assistance and other support
(including regular site visits to monitor
implementation of selected school improvement
strategies to eligible entities serving eligible
schools), either directly or through educational
service agencies or other public or private
organizations.
(5) School improvement activities.--
(A) In general.--A State that receives
school improvement funds under this subsection
shall use not less than 95 percent of such
allotment to carry out school improvement
activities for eligible schools by--
(i) awarding subgrants, on a
competitive basis, to eligible entities
to enable the eligible entities to
carry out the activities described in
subparagraph (C) for eligible schools;
or
(ii) if the State chooses and the
local educational agency serving an
eligible school agrees, directly
providing the activities described in
subparagraph (C)(ii) to the eligible
school and the local educational
agency, or arranging for other
entities, such as school support teams
or educational service agencies, to
provide such activities to the school.
(B) Subgrants.--
(i) Applications.--An eligible
entity that desires a subgrant under
this paragraph shall submit an
application to the State at such time,
in such manner, and including such
information as the State shall require.
The application shall include a
description of how the eligible entity
will carry out the requirements of
paragraphs (2) and (4), and
subparagraphs (A) and (B) of paragraph
(3), of subsection (d) for each
eligible school to be served by the
grant.
(ii) Demonstration of additional
responsibilities.--Each eligible entity
that desires a subgrant under this
paragraph shall demonstrate in its
application that the eligible entity
has--
(I) adopted human resource
policies that prioritize the
recruitment, retention, and
placement of effective staff in
eligible schools;
(II) ensured that eligible
schools have access to
resources to implement the
school improvement strategies
described in subsection (d)(4),
such as facilities,
professional development, and
technology;
(III) identified
opportunities to reduce
duplication, increase
efficiency, and assist eligible
schools in complying with
reporting requirements of State
and Federal programs;
(IV) developed an early
warning indicator system that
monitors school-level data, and
alerts the eligible school when
a student indicates slowed
progress toward high school
graduation, so that the school
can provide appropriate student
interventions; and
(V) facilitated alignment
and coordination between high-
quality early childhood
education programs and services
serving students who will
attend eligible schools that
are elementary schools, and
teachers and principals of such
eligible schools.
(iii) Subgrant size.--A State shall
award subgrants under this paragraph of
sufficient size to enable subgrant
recipients to fully and effectively
implement the selected school
improvement strategies.
(iv) Subgrant period.--Each
subgrant awarded under this paragraph
shall be for a 5-year period.
(v) Withholding final funding.--In
order for a State to award subgrant
funds to an eligible entity for the
final 2 years of the subgrant cycle,
the eligible entity shall demonstrate
that the schools receiving funds under
this paragraph have made significant
progress on the leading indicators.
(C) Use of subgrant funds.--An eligible
entity that receives a subgrant under this
paragraph shall use the subgrant funds to--
(i) carry out the requirements of
subparagraphs (A) and (B) of paragraph
(3), and paragraphs (2) and (4), of
subsection (d) in an eligible school
that has been identified under such
subsection as of the date of the grant
award, which may include a maximum 1-
year planning period; and
(ii) carry out activities at the
local educational agency level that
directly support such implementation,
such as--
(I) assistance in data
collection and analysis;
(II) recruiting and
retaining staff;
(III) teacher and principal
evaluation;
(IV) professional
development;
(V) coordination of
services to address students'
social, emotional, and health
needs; and
(VI) progress monitoring.
(D) Supplement, not supplant.--An eligible
entity or State shall use Federal funds
received under this subsection only to
supplement the funds that would, in the absence
of such Federal funds, be made available from
non-Federal sources for the education of pupils
participating in programs funded under this
subsection.
(E) Intervention by state.--In the case of
a State educational agency that has taken over
a school or local educational agency, the State
may use an amount of funds under this
subsection similar to the amount that the
school or local educational agency would
receive, under this subsection, in order to
carry out the activities described in
subparagraph (C) for the school and local
educational agency, either directly or through
an eligible entity designated by the State
educational agency.
(6) National activities.--From amounts appropriated
and reserved for this paragraph under section
3(a)(2)(B), the Secretary shall carry out the following
national activities:
(A) Activities focused on building State
and local educational agency capacity to turn
around eligible schools and schools in rural
areas through activities such as--
(i) identifying and disseminating
effective school improvement
strategies, including in rural areas;
(ii) making available targeted
technical assistance, including
planning and implementation tools; and
(iii) expanding the availability of
turnaround partners capable of
assisting in turning around eligible
schools, including in rural areas.
(B) Activities focused on building capacity
to turn around eligible schools, including in
rural areas.
(C) The use of data, research, and
evaluation to--
(i) identify schools that are
implementing school improvement
strategies effectively;
(ii) identify effective school
improvement strategies; and
(iii) collect and disseminate that
information to States and local
educational agencies in a manner that
facilitates replication of effective
practices.
(D) Other activities designed to support
State and local efforts to improve eligible
schools.
(7) Evaluation.--The Director of the Institute of
Education Sciences shall conduct an evaluation of the
programs carried out under this subsection.
(g) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district 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.
[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
[(a) System for Support.--
[(1) In general.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase
the opportunity for all students served by those
agencies and schools to meet the State's academic
content standards and student academic achievement
standards.
[(2) Priorities.--In carrying out this subsection,
a State shall--
[(A) first, provide support and assistance
to local educational agencies with schools
subject to corrective action under section 1116
and assist those schools, in accordance with
section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8)
of section 1116(b);
[(B) second, provide support and assistance
to other local educational agencies with
schools identified as in need of improvement
under section 1116(b); and
[(C) third, provide support and assistance
to other local educational agencies and schools
participating under this part that need that
support and assistance in order to achieve the
purpose of this part.
[(3) Regional centers.--Such a statewide system
shall, to the extent practicable, work with and receive
support and assistance from regional educational
laboratories established under part D of the Education
Sciences Reform Act of 2002 and comprehensive centers
established under the Educational Technical Assistance
Act of 2002 and the comprehensive regional technical
assistance centers and the regional educational
laboratories under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as such section existed on the day before
the date of enactment of the Education Sciences Reform
Act of 2002), or other providers of technical
assistance.
[(4) Statewide system.--
[(A) In order to achieve the purpose
described in paragraph (1), the statewide
system shall include, at a minimum, the
following approaches:
[(i) Establishing school support
teams in accordance with subparagraph
(C) for assignment to, and working in,
schools in the State that are described
in paragraph (2).
[(ii) Providing such support as the
State educational agency determines
necessary and available in order to
ensure the effectiveness of such teams.
[(iii) Designating and using
distinguished teachers and principals
who are chosen from schools served
under this part that have been
especially successful in improving
academic achievement.
[(iv) Devising additional
approaches to providing the assistance
described in paragraph (1), such as
providing assistance through
institutions of higher education and
educational service agencies or other
local consortia, and private providers
of scientifically based technical
assistance.
[(B) Priority.--The State educational
agency shall give priority to the approach
described in clause (i) of subparagraph (A).
[(5) School support teams.--
[(A) Composition.--Each school support team
established under this section shall be
composed of persons knowledgeable about
scientifically based research and practice on
teaching and learning and about successful
schoolwide projects, school reform, and
improving educational opportunities for low-
achieving students, including--
[(i) highly qualified or
distinguished teachers and principals;
[(ii) pupil services personnel;
[(iii) parents;
[(iv) representatives of
institutions of higher education;
[(v) representatives of regional
educational laboratories or
comprehensive regional technical
assistance centers;
[(vi) representatives of outside
consultant groups; or
[(vii) other individuals as the
State educational agency, in
consultation with the local educational
agency, may determine appropriate.
[(B) Functions.--Each school support team
assigned to a school under this section shall--
[(i) review and analyze all facets
of the school's operation, including
the design and operation of the
instructional program, and assist the
school in developing recommendations
for improving student performance in
that school;
[(ii) collaborate with parents and
school staff and the local educational
agency serving the school in the
design, implementation, and monitoring
of a plan that, if fully implemented,
can reasonably be expected to improve
student performance and help the school
meet its goals for improvement,
including adequate yearly progress
under section 1111(b)(2)(B);
[(iii) evaluate, at least
semiannually, the effectiveness of
school personnel assigned to the
school, including identifying
outstanding teachers and principals,
and make findings and recommendations
to the school, the local educational
agency, and, where appropriate, the
State educational agency; and
[(iv) make additional
recommendations as the school
implements the plan described in clause
(ii) to the local educational agency
and the State educational agency
concerning additional assistance that
is needed by the school or the school
support team.
[(C) Continuation of assistance.--After one
school year, from the beginning of the
activities, such school support team, in
consultation with the local educational agency,
may recommend that the school support team
continue to provide assistance to the school,
or that the local educational agency or the
State educational agency, as appropriate, take
alternative actions with regard to the school.
[(b) State Recognition.--
[(1) Academic achievement awards program.--
[(A) In general.--Each State receiving a
grant under this part--
[(i) shall establish a program for
making academic achievement awards to
recognize schools that meet the
criteria described in subparagraph (B);
and
[(ii) as appropriate and as funds
are available under subsection
(c)(2)(A), may financially reward
schools served under this part that
meet the criteria described in clause
(ii).
[(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
[(i) significantly closed the
achievement gap between the groups of
students described in section
1111(b)(2); or
[(ii) exceeded their adequate
yearly progress, consistent with
section 1111(b)(2), for 2 or more
consecutive years.
[(2) Distinguished schools.--Of those schools
meeting the criteria described in paragraph (2), each
State shall designate as distinguished schools those
schools that have made the greatest gains in closing
the achievement gap as described in subparagraph (B)(i)
or exceeding adequate yearly progress as described in
subparagraph (B)(ii). Such distinguished schools may
serve as models for and provide support to other
schools, especially schools identified for improvement
under section 1116, to assist such schools in meeting
the State's academic content standards and student
academic achievement standards.
[(3) Awards to teachers.--A State program under
paragraph (1) may also recognize and provide financial
awards to teachers teaching in a school described in
such paragraph that consistently makes significant
gains in academic achievement in the areas in which the
teacher provides instruction, or to teachers or
principals designated as distinguished under subsection
(a)(4)(A)(iii).
[(c) Funding.--
[(1) In general.--Each State--
[(A) shall use funds reserved under section
1003(a) and may use funds made available under
section 1003(g) for the approaches described
under subsection (a)(4)(A); and
[(B) shall use State administrative funds
authorized under section 1004(a) to establish
the statewide system of support described under
subsection (a).
[(2) Reservations of funds by state.--
[(A) Awards program.--For the purpose of
carrying out subsection (b)(1), each State
receiving a grant under this part may reserve,
from the amount (if any) by which the funds
received by the State under subpart 2 for a
fiscal year exceed the amount received by the
State under that subpart for the preceding
fiscal year, not more than 5 percent of such
excess amount.
[(B) Teacher awards.--For the purpose of
carrying out subsection (b)(3), a State
educational agency may reserve such funds as
necessary from funds made available under
section 2113.
[(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under
subparagraph (A) by a State for each fiscal year shall
remain available to the State until expended for a
period not exceeding 3 years receipt of funds.
[(4) Special allocation rule for schools in high-
poverty areas.--
[(A) In general.--Each State shall
distribute not less than 75 percent of any
amount reserved under paragraph (2)(A) for each
fiscal year to schools described in
subparagraph (B), or to teachers in those
schools consistent with subsection (b)(3).
[(B) School described.--A school described
in subparagraph (A) is a school whose student
population is in the highest quartile of
schools statewide in terms of the percentage of
children from low income families.]
[SEC. 1119]SEC. 1117. QUALIFICATIONS FOR TEACHERS AND
PARAPROFESSIONALS.
[(a) Teacher Qualifications and Measurable Objectives.--
[(1) In general.--Beginning with the first day of
the first school year after the date of enactment of
the No Child Left Behind Act of 2001, each local
educational agency receiving assistance under this part
shall ensure that all teachers hired after such day and
teaching in a program supported with funds under this
part are highly qualified.
[(2) State plan.--As part of the plan described in
section 1111, each State educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching in core academic
subjects within the State are highly qualified not
later than the end of the 2005-2006 school year. Such
plan shall establish annual measurable objectives for
each local educational agency and school that, at a
minimum--
[(A) shall include an annual increase in
the percentage of highly qualified teachers at
each local educational agency and school, to
ensure that all teachers teaching in core
academic subjects in each public elementary
school and secondary school are highly
qualified not later than the end of the 2005-
2006 school year;
[(B) shall include an annual increase in
the percentage of teachers who are receiving
high-quality professional development to enable
such teachers to become highly qualified and
successful classroom teachers; and
[(C) may include such other measures as the
State educational agency determines to be
appropriate to increase teacher qualifications.
[(3) Local plan.--As part of the plan described in
section 1112, each local educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching within the school
district served by the local educational agency are
highly qualified not later than the end of the 2005-
2006 school year.
[(b) Reports.--
[(1) Annual state and local reports.--
[(A) Local reports.--Each State educational
agency described in subsection (a)(2) shall
require each local educational agency receiving
funds under this part to publicly report, each
year, beginning with the 2002-2003 school year,
the annual progress of the local educational
agency as a whole and of each of the schools
served by the agency, in meeting the measurable
objectives described in subsection (a)(2).
[(B) State reports.--Each State educational
agency receiving assistance under this part
shall prepare and submit each year, beginning
with the 2002-2003 school year, a report to the
Secretary, describing the State educational
agency's progress in meeting the measurable
objectives described in subsection (a)(2).
[(C) Information from other reports.--A
State educational agency or local educational
agency may submit information from the reports
described in section 1111(h) for the purposes
of this subsection, if such report is modified,
as may be necessary, to contain the information
required by this subsection, and may submit
such information as a part of the reports
required under section 1111(h).
[(2) Annual reports by the secretary.--Each year,
beginning with the 2002-2003 school year, the Secretary
shall publicly report the annual progress of State
educational agencies, local educational agencies, and
schools, in meeting the measurable objectives described
in subsection (a)(2).]
(a) Teacher Qualifications.--
(1) In general.--Except as provided in paragraph
(2), each local educational agency receiving assistance
under the program under this subpart and subpart 2
shall ensure that all teachers teaching a core academic
subject in a program supported with funds under such
subparts are highly qualified teachers and are
certified in the subject area in which the teachers are
assigned to teach.
(2) Exception.--Each local educational agency
located in a State in which the State has fully
implemented a professional growth and improvement
system shall only be required to comply with the
requirements under paragraph (1) as they relate to new
teachers.
(3) Special rule for small, rural, or remote
schools.--In the case of a local educational agency
that is unable to provide a highly qualified teacher to
serve as an on-site classroom teacher for a core
academic subject in a small, rural, or remote school,
the local educational agency may meet the requirements
of this section by using distance learning to provide
such instruction by a teacher who is a highly qualified
teacher for purposes of the core academic subject, as
long as--
(A) the teacher who is a highly qualified
teacher in the core academic subject--
(i) is responsible for providing at
least 50 percent of the direct
instruction in the core academic
subject through distance learning;
(ii) is responsible for monitoring
student progress; and
(iii) is the teacher who assigns
the students their grades; and
(B) an on-site teacher who is a highly
qualified teacher for a subject other the core
academic subject taught through distance
learning is present in the classroom throughout
the period of distance learning and provides
supporting instruction and assistance to the
students.
(b) Qualifications for American Indian, Alaska Native, or
Native Hawaiian Language, Culture, or History Teachers.--
(1) Language or culture.--
(A) In general.--Notwithstanding any other
provision of law, the requirements of
subsection (a) on local educational agencies
with respect to highly qualified teachers shall
not apply to a teacher of American Indian,
Alaska Native, or Native Hawaiian language or
culture, whether the teacher is teaching on a
permanent, part-time, or occasional basis.
(B) Competency.--A State may require that a
local tribe or tribal organization, as defined
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b),
verify the competency of a public school
teacher of American Indian, Alaska Native, or
Native Hawaiian language or culture to teach
such subject, to the chief administrative
officer of the local educational agency or the
chief State school officer.
(2) History.--
(A) In general.--Notwithstanding any other
provision of law, the requirements of
subsection (a) on local educational agencies
with respect to highly qualified teachers,
shall not apply to a teacher who is a Native
elder or other authority on American Indian,
Alaska Native, or Native Hawaiian history and
who provides instruction in such subject,
whether on a part-time or occasional basis.
(B) Competency.--A State may require that a
local tribe or tribal organization, as defined
in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b),
verify the competency of the instructor
described in subparagraph (A) of American
Indian, Alaska Native, or Native Hawaiian
history to teach such subject, to the chief
administrative officer of the local educational
agency or the chief State school officer.
(c) New Paraprofessionals.--
(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals [hired after the date of
enactment of the No Child Left Behind Act of 2001 and]
working in a program supported with funds under this
part shall have--
(A) * * *
* * * * * * *
[(d) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date of enactment of the
No Child Left Behind Act of 2001, and working in a program
supported with funds under this part shall, not later than 4
years after the date of enactment satisfy the requirements of
subsection (c).]
[(e)](d) Exceptions for Translation and Parental
Involvement Activities.--[Subsections (c) and (d)]Subsection
(c) shall not apply to a paraprofessional--
(1) * * *
* * * * * * *
[(f)](e) General Requirement for All Paraprofessionals.--*
* *
[(g)](f) Duties of Paraprofessionals.--
(1) In general.--* * *
* * * * * * *
[(h)](g) Use of Funds.--* * *
[(i)](h) Verification of Compliance.--
(1) In general.--* * *
* * * * * * *
[[(j)](i) Combinations of Funds.--Funds provided under this
part that are used for professional development purposes may be
combined with funds provided under title II of this Act, other
Acts, and other sources.]
(i) Special Rule.--A State educational agency may not
require a school or a local educational agency to expend a
specific amount of funds for professional development
activities under the program under this subpart and subpart 2.
[(k)](j) Special Rule.--* * *
[(l) Minimum Expenditures.--Each local educational agency
that receives funds under this part shall use not less than 5
percent, or more than 10 percent, of such funds for each of
fiscal years 2002 and 2003, and not less than 5 percent of the
funds for each subsequent fiscal year, for professional
development activities to ensure that teachers who are not
highly qualified become highly qualified not later than the end
of the 2005-2006 school year.]
[SEC. 1118. PARENTAL INVOLVEMENT.
[(a) Local Educational Agency Policy.--
[(1) In general.--A local educational agency may
receive funds under this part only if such agency
implements programs, activities, and procedures for the
involvement of parents in programs assisted under this
part consistent with this section. Such programs,
activities, and procedures shall be planned and
implemented with meaningful consultation with parents
of participating children.
[(2) Written policy.--Each local educational agency
that receives funds under this part shall develop
jointly with, agree on with, and distribute to, parents
of participating children a written parent involvement
policy. The policy shall be incorporated into the local
educational agency's plan developed under section 1112,
establish the agency's expectations for parent
involvement, and describe how the agency will--
[(A) involve parents in the joint
development of the plan under section 1112, and
the process of school review and improvement
under section 1116;
[(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools in planning and
implementing effective parent involvement
activities to improve student academic
achievement and school performance;
[(C) build the schools' and parents'
capacity for strong parental involvement as
described in subsection (e);
[(D) coordinate and integrate parental
involvement strategies under this part with
parental involvement strategies under other
programs, such as the Head Start program,
Reading First program, Early Reading First
program, Even Start program, Parents as
Teachers program, and Home Instruction Program
for Preschool Youngsters, and State-run
preschool programs;
[(E) conduct, with the involvement of
parents, an annual evaluation of the content
and effectiveness of the parental involvement
policy in improving the academic quality of the
schools served under this part, including
identifying barriers to greater participation
by parents in activities authorized by this
section (with particular attention to parents
who are economically disadvantaged, are
disabled, have limited English proficiency,
have limited literacy, or are of any racial or
ethnic minority background), and use the
findings of such evaluation to design
strategies for more effective parental
involvement, and to revise, if necessary, the
parental involvement policies described in this
section; and
[(F) involve parents in the activities of
the schools served under this part.
[(3) Reservation.--
[(A) In general.--Each local educational
agency shall reserve not less than 1 percent of
such agency's allocation under subpart 2 of
this part to carry out this section, including
promoting family literacy and parenting skills,
except that this paragraph shall not apply if 1
percent of such agency's allocation under
subpart 2 of this part for the fiscal year for
which the determination is made is $5,000 or
less.
[(B) Parental input.--Parents of children
receiving services under this part shall be
involved in the decisions regarding how funds
reserved under subparagraph (A) are allotted
for parental involvement activities.
[(C) Distribution of funds.--Not less than
95 percent of the funds reserved under
subparagraph (A) shall be distributed to
schools served under this part.
[(b) School Parental Involvement Policy.--
[(1) In general.--Each school served under this
part shall jointly develop with, and distribute to,
parents of participating children a written parental
involvement policy, agreed on by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in an understandable
and uniform format and, to the extent practicable,
provided in a language the parents can understand. Such
policy shall be made available to the local community
and updated periodically to meet the changing needs of
parents and the school.
[(2) Special rule.--If the school has a parental
involvement policy that applies to all parents, such
school may amend that policy, if necessary, to meet the
requirements of this subsection.
[(3) Amendment.--If the local educational agency
involved has a school district-level parental
involvement policy that applies to all parents, such
agency may amend that policy, if necessary, to meet the
requirements of this subsection.
[(4) Parental comments.--If the plan under section
1112 is not satisfactory to the parents of
participating children, the local educational agency
shall submit any parent comments with such plan when
such local educational agency submits the plan to the
State.
[(c) Policy Involvement.--Each school served under this
part shall--
[(1) convene an annual meeting, at a convenient
time, to which all parents of participating children
shall be invited and encouraged to attend, to inform
parents of their school's participation under this part
and to explain the requirements of this part, and the
right of the parents to be involved;
[(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may provide,
with funds provided under this part, transportation,
child care, or home visits, as such services relate to
parental involvement;
[(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this part, including the planning,
review, and improvement of the school parental
involvement policy and the joint development of the
schoolwide program plan under section 1114(b)(2),
except that if a school has in place a process for
involving parents in the joint planning and design of
the school's programs, the school may use that process,
if such process includes an adequate representation of
parents of participating children;
[(4) provide parents of participating children--
[(A) timely information about programs
under this part;
[(B) a description and explanation of the
curriculum in use at the school, the forms of
academic assessment used to measure student
progress, and the proficiency levels students
are expected to meet; and
[(C) if requested by parents, opportunities
for regular meetings to formulate suggestions
and to participate, as appropriate, in
decisions relating to the education of their
children, and respond to any such suggestions
as soon as practicably possible; and
[(5) if the schoolwide program plan under section
1114(b)(2) is not satisfactory to the parents of
participating children, submit any parent comments on
the plan when the school makes the plan available to
the local educational agency.
[(d) Shared Responsibilities for High Student Academic
Achievement.--As a component of the school-level parental
involvement policy developed under subsection (b), each school
served under this part shall jointly develop with parents for
all children served under this part a school-parent compact
that outlines how parents, the entire school staff, and
students will share the responsibility for improved student
academic achievement and the means by which the school and
parents will build and develop a partnership to help children
achieve the State's high standards. Such compact shall--
[(1) describe the school's responsibility to
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 each parent will be responsible for
supporting their children's learning, such as
monitoring attendance, homework completion, and
television watching; volunteering in their child's
classroom; and participating, as appropriate, in
decisions relating to the education of their children
and positive use of extracurricular time; and
[(2) address the importance of communication
between teachers and parents on an ongoing basis
through, at a minimum--
[(A) parent-teacher conferences in
elementary schools, at least annually, during
which the compact shall be discussed as the
compact relates to the individual child's
achievement;
[(B) frequent reports to parents on their
children's progress; and
[(C) reasonable access to staff,
opportunities to volunteer and participate in
their child's class, and observation of
classroom activities.
[(e) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school involved, parents, and the community to
improve student academic achievement, each school and local
educational agency assisted under this part--
[(1) shall provide assistance to parents of
children served by the school or local educational
agency, as appropriate, in understanding such topics as
the State's academic content standards and State
student academic achievement standards, State and local
academic assessments, the requirements of this part,
and how to monitor a child's progress and work with
educators to improve the achievement of their children;
[(2) shall provide materials and training to help
parents to work with their children to improve their
children's achievement, such as literacy training and
using technology, as appropriate, to foster parental
involvement;
[(3) shall educate teachers, pupil services
personnel, principals, and other staff, with the
assistance of parents, in the value and utility of
contributions of parents, and in how to reach out to,
communicate with, and work with parents as equal
partners, implement and coordinate parent programs, and
build ties between parents and the school;
[(4) shall, to the extent feasible and appropriate,
coordinate and integrate parent involvement programs
and activities with Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool and other
programs, and conduct other activities, such as parent
resource centers, that encourage and support parents in
more fully participating in the education of their
children;
[(5) shall ensure that information related to
school and parent programs, meetings, and other
activities is sent to the parents of participating
children in a format and, to the extent practicable, in
a language the parents can understand;
[(6) may involve parents in the development of
training for teachers, principals, and other educators
to improve the effectiveness of such training;
[(7) may provide necessary literacy training from
funds received under this part if the local educational
agency has exhausted all other reasonably available
sources of funding for such training;
[(8) may pay reasonable and necessary expenses
associated with local parental involvement activities,
including transportation and child care costs, to
enable parents to participate in school-related
meetings and training sessions;
[(9) may train parents to enhance the involvement
of other parents;
[(10) may arrange school meetings at a variety of
times, or conduct in-home conferences between teachers
or other educators, who work directly with
participating children, with parents who are unable to
attend such conferences at school, in order to maximize
parental involvement and participation;
[(11) may adopt and implement model approaches to
improving parental involvement;
[(12) may establish a districtwide parent advisory
council to provide advice on all matters related to
parental involvement in programs supported under this
section;
[(13) may develop appropriate roles for community-
based organizations and businesses in parent
involvement activities; and
[(14) shall provide such other reasonable support
for parental involvement activities under this section
as parents may request.
[(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
full opportunities for the participation of parents with
limited English proficiency, parents with disabilities, and
parents of migratory children, including providing information
and school reports required under section 1111 in a format and,
to the extent practicable, in a language such parents
understand.
[(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and resource
center is established to provide training, information, and
support to parents and individuals who work with local parents,
local educational agencies, and schools receiving assistance
under this part, each local educational agency or school that
receives assistance under this part and is located in the State
shall assist parents and parental organizations by informing
such parents and organizations of the existence and purpose of
such centers.
[(h) Review.--The State educational agency shall review the
local educational agency's parental involvement policies and
practices to determine if the policies and practices meet the
requirements of this section.]
SEC. 1118. PARENT AND FAMILY ENGAGEMENT.
(a) Local Educational Agency Parent and Family Engagement
Assessment and Plan.--
(1) In general.--In order to increase student
academic achievement and improve child development, a
local educational agency may receive funds under the
program under this subpart and subpart 2 only if such
agency develops and implements a strategic, evidence-
based plan to support meaningful engagement of parents
and family members in education (referred to in this
section as the ``parent and family engagement plan'').
Such plan shall be--
(A) based on a needs assessment of parents
and family members, school instructional and
leadership personnel, and community leaders,
conducted to inform the development of the
plan; and
(B) developed and implemented through
meaningful consultation with--
(i) parents and family members of
participating children;
(ii) youth who have graduated from
schools that are part of the local
educational agency;
(iii) as applicable, employers,
business leaders, and philanthropic
organizations;
(iv) other members of the community
who are committed to increasing student
academic achievement and improving
child development;
(v) to the greatest extent
practicable, individuals with expertise
in effectively engaging parents and
family members in education; and
(vi) organizations that have a
demonstrated record of effectiveness in
assisting students in becoming college
and career ready, as determined in
accordance with the State academic
content standards under section
1111(a)(1).
(2) Annual survey.--A local educational agency
described in paragraph (1) shall, on an annual basis,
conduct a survey, through electronic means to the
extent practicable, including delivery through mobile
devices, of all parents, family members, and all school
instructional and leadership personnel, to--
(A) determine the needs of parents and
family members, in order to assist with the
learning of their children and engage with
school personnel, including all teachers of
their children;
(B) identify strategies to support school-
family interactions, including identifying and
addressing the barriers to effective parental
involvement in a manner responsive to the
cultural and language needs of such parents;
(C) determine the level of parent and
family engagement in each respondent's
respective school and the level of engagement
of school leaders with parent and family
members;
(D) identify perceived and actual barriers
to the activities described in subparagraph
(A); and
(E) determine the perceptions about the
school's conditions for learning.
(3) Parent and family engagement plan.--
(A) Development.--Based on the results of
the survey described in paragraph (2), each
local educational agency receiving funds under
the program under this subpart and subpart 2
shall develop and implement an annual parent
and family engagement plan jointly with the
parents and family members of participating
children and, where applicable, with a parent
advisory committee that represents the entire
school district. Such plan shall--
(i) be designed to foster the
engagement of parents and other family
members and school instructional and
leadership personnel;
(ii) be designed to integrate such
engagement into the practice of all the
local educational agency's schools that
are served under the program under this
subpart and subpart 2;
(iii) establish parent engagement
goals for the local educational agency
and such schools; and
(iv) establish annual quantifiable
performance benchmarks for such goals,
which shall require continual progress
toward the achievement of such goals.
(B) Additional elements.--The parent and
family engagement plan shall--
(i) establish the school's
expectations for, and commitment to
support, meaningful, evidence-based,
parent and family engagement
strategies;
(ii) describe the process through
which the school will equip parents and
family members, with particular
attention to economically disadvantaged
parents and family members, to--
(I) act in partnership with
local educational agency and
school personnel to improve the
academic achievement and
development of their children;
and
(II) participate in school
improvement strategies;
(iii) describe how the local
educational agency will provide the
coordination, technical assistance, and
other support and conditions necessary
to assist participating schools in
planning and implementing effective
parent and family engagement
strategies, such as--
(I) making facilities of
the local educational agency
available, as appropriate;
(II) making compensatory
time available for educators to
conduct home visits;
(III) establishing co-
location with public assistance
programs;
(IV) encouraging the
implementation of community
school models and related
activities; and
(V) utilizing the expertise
of, and developing strategies
with, organizations that have a
demonstrated track record of
success in supporting parent
and family engagement;
(iv) provide for not less than 1
schoolwide meeting during each academic
year, at a convenient time, to which
parents and family members of
participating children shall be invited
and encouraged to attend, in order to--
(I) review the parent and
family engagement plan;
(II) inform parents and
family members of opportunities
for engagement in their child's
education; and
(III) explain to parents
and family members the right of
the parents and family members
to be involved, and the
benefits of meaningful
engagement;
(v) provide parents with an
opportunity to develop the knowledge
and skills to engage in full
partnerships with school instructional
and leadership staff of the school in
the education of their children;
(vi) provide for professional
development and other evidence-based
support to school instructional and
leadership personnel regarding
effective parent and family engagement;
(vii) to the extent feasible and
appropriate, coordinate and integrate
parent and family engagement programs
and strategies with other Federal,
State, and local programs;
(viii) provide information to
school personnel, students, and parents
about the school's use of positive
behavioral interventions and supports,
school-based mental health programs,
and the expectations of school
personnel, students, and parents in
supporting a safe learning environment
for all students; and
(ix) describe how the local
educational agency will coordinate with
parent and family information and
resource centers established under part
H of title IV.
(b) Annual Review of Performance Benchmarks.--Each year,
each local educational agency described in subsection (a), each
school served under the program under this subpart, and the
parent advisory board established under subsection (g) shall
collaboratively review the benchmarks for each of the goals
established under subsection (a)(3)(A)(iii). Based on the
review--
(1) if a local educational agency has met or made
continual progress toward meeting, its annual
benchmarks in such year, the local educational agency
will continue to implement the parent and family
engagement plan;
(2) if the local educational agency has not met or
made continual progress toward meeting its annual
benchmarks in such year, the local educational agency
and parent advisory board shall jointly determine the
cause after taking into the account the results of the
end-of-the-year survey described in subsection (c); and
(3) the local educational agency shall publicly
report on whether the agency has met or made continual
progress toward meeting such benchmarks, and the degree
to which the benchmarks were met.
(c) End-of-the-year Survey.--As part of the review
described in subsection (b), a local educational agency shall
conduct an end-of-the-year survey of parents and school
instructional and leadership personnel, including parents and
personnel who participated in the survey described in
subsection (a)(2), to determine whether the needs of parents
and personnel were met through the implementation of the plan.
(d) Revision of Plan.--The local educational agency and the
parent advisory board established under subsection (g) shall
address the causes described in subsection (b)(2) and the
results of the survey in subsection (c) in the development or
revision of the parent and family engagement plan.
(e) Reservation and Use of Funds.--
(1) In general.--Each local educational agency
shall reserve not less than 2 percent of such agency's
allocation under subpart 2 to assist schools in
carrying out the activities described in this section,
subject to paragraph (2).
(2) Exception.--The reservation requirement under
paragraph (1) shall not apply if 1 percent of the local
educational agency's allocation under subpart 2 for the
fiscal year for which the determination is made is
equal to or less than $5,000.
(3) Distribution of funds.--
(A) In general.--A local educational agency
shall--
(i) distribute not less than 75
percent of funds reserved under
paragraph (1) to schools served under
this subpart; and
(ii) use not more than 20 percent
of such funds for parent and family
engagement activities at the local
educational agency level.
(B) Priority.--In allocating the funds
described in subparagraph (A), each local
educational agency shall give priority to high-
need schools.
(4) Use of funds.--Funds reserved under paragraph
(1) may be used to carry out activities and strategies
consistent with the parent and family engagement plan
described in subsection (a), including not less than 1
of the following:
(A) Designating or establishing a dedicated
office or dedicated personnel for parent and
family engagement.
(B) Providing professional development for
local educational agency and school personnel
regarding parent and family engagement
strategies, which may be provided jointly to
teachers, school leaders, early childhood
educators, and parents and family members.
(C) Providing adult education and literacy
activities, as defined in section 203 of the
Adult Education and Family Literacy Act (20
U.S.C. 9201 et seq.).
(D) Supporting home visitation programs.
(E) Engaging in other evidence-based or
promising strategies for improving and
increasing parent and family engagement, which
may include family and student supports, as
defined in section 4703.
(F) Disseminating information on best
practices (such as implementation, replication,
impact studies, and evaluations) focused on
parent and family engagement, especially best
practices for increasing the engagement of
economically disadvantaged parents and family
members.
(G) Contracting with experienced parent
organizations to assist with training and other
activities under this section.
(H) Collaborating, or providing subgrants
to schools to enable the schools to
collaborate, with community-based
organizations, or employers, with a
demonstrated track record of success in
improving and increasing student academic
achievement and parent and family engagement
to--
(i) enhance student achievement and
development through greater engagement
with children, such as experiential
learning opportunities and internships;
(ii) increase opportunities for
such organizations and employers to
support family engagement activities,
including by offering family engagement
training and supporting adult education
and family literacy programs; and
(iii) expand the role of the school
as a community resource, such as by
using facilities for community events,
meetings, career or health fairs, or
adult education and family literacy
activities.
(f) Accessibility.--In carrying out the parent and family
engagement requirements of this subpart, local educational
agencies and schools, to the greatest extent practicable, shall
provide opportunities for the full and informed participation
of parents and family members (including parents and family
members with disabilities), including providing information and
school reports in a format and, to the greatest extent
practicable, in a language such parents can understand.
(g) Parent Advisory Board.--Each local educational agency
described in subsection (a) shall establish a parent advisory
board for the purposes of developing, revising, and reviewing
the parent and family engagement plan. Such board shall--
(1) consist of a sufficient number of parents of
children attending the local educational agency's
schools served under this subpart to adequately
represent the interests and needs of parents at the
local educational agency;
(2) meet multiple times throughout the school year;
and
(3) be representative of the population served by
the local educational agency.
[SEC. 1120]SEC. 1119. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in the school district served by a local
educational agency who are enrolled in private
elementary schools and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of the children participate,
on an equitable basis, in services and activities
developed pursuant to [sections 1118 and 1119]sections
1117 and 1118.
* * * * * * *
(c) Allocation for Equitable Service to Private School
Students.--
(1) Calculation.--* * *
* * * * * * *
(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
[9505]9503.
* * * * * * *
[SEC. 1120A]SEC. 1120. FISCAL REQUIREMENTS.
(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency [involved] finds that the local
educational agency has maintained the agency's fiscal effort in
accordance with section 9521.
* * * * * * *
[(c) Comparability of Services.--
[(1) In general.--
[(A) Comparable services.--Except as
provided in paragraphs (4) and (5), a local
educational agency may receive funds under this
part only if State and local funds will be used
in schools served under this part to provide
services that, taken as a whole, are at least
comparable to services in schools that are not
receiving funds under this part.
[(B) Substantially comparable services.--If
the local educational agency is serving all of
such agency's schools under this part, such
agency may receive funds under this part only
if such agency will use State and local funds
to provide services that, taken as a whole, are
substantially comparable in each school.
[(C) Basis.--A local educational agency may
meet the requirements of subparagraphs (A) and
(B) on a grade-span by grade-span basis or a
school-by-school basis.
[(2) Written assurance.--
[(A) Equivalence.--A local educational
agency shall be considered to have met the
requirements of paragraph (1) if such agency
has filed with the State educational agency a
written assurance that such agency has
established and implemented--
[(i) a local educational agency-
wide salary schedule;
[(ii) a policy to ensure
equivalence among schools in teachers,
administrators, and other staff; and
[(iii) a policy to ensure
equivalence among schools in the
provision of curriculum materials and
instructional supplies.
[(B) Determinations.--For the purpose of
this subsection, in the determination of
expenditures per pupil from State and local
funds, or instructional salaries per pupil from
State and local funds, staff salary
differentials for years of employment shall not
be included in such determinations.
[(C) Exclusions.--A local educational
agency need not include unpredictable changes
in student enrollment or personnel assignments
that occur after the beginning of a school year
in determining comparability of services under
this subsection.
[(3) Procedures and records.--Each local
educational agency assisted under this part shall--
[(A) develop procedures for compliance with
this subsection; and
[(B) maintain records that are updated
biennially documenting such agency's compliance
with this subsection.
[(4) Inapplicability.--This subsection shall not
apply to a local educational agency that does not have
more than one building for each grade span.
[(5) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational
agency may exclude State and local funds expended for--
[(A) language instruction educational
programs; and
[(B) the excess costs of providing services
to children with disabilities as determined by
the local educational agency.]
(c) Comparability.--
(1) In general.--
(A) Comparability.--Beginning for the 2015-
2016 school year, a local educational agency
may receive funds under the program under this
subpart and subpart 2 only if the local
educational agency demonstrates to the State
educational agency that the combined State and
local per-pupil expenditures (including actual
personnel and actual nonpersonnel expenditures)
in each school served under this subpart, in
the most recent year for which such data were
available, are not less than the average
combined State and local per-pupil expenditures
for those schools that are not served under
this subpart.
(B) Alternative comparability.--If the
local educational agency is serving all of the
schools under its jurisdiction under this
subpart, the agency shall demonstrate to the
State educational agency that the average
combined State and local per-pupil expenditures
(including actual personnel and actual
nonpersonnel expenditures) for its high-poverty
schools, in the most recent year for which such
data are available, were not less than the
average combined State and local per-pupil
expenditures for its low-poverty schools.
(C) Basis.--A local educational agency may
meet the requirements of subparagraphs (A) and
(B) on a local educational agency-wide basis or
a grade-span by grade-span basis.
(D) Exclusion of funds.--
(i) In general.--For the purpose of
complying with this paragraph, a local
educational agency shall exclude any
State or local funds expended in any
school for--
(I) excess costs of
providing services to English
learners;
(II) excess costs of
providing services to children
with disabilities;
(III) capital expenditures;
and
(IV) such other
expenditures as the Secretary
determines appropriate.
(ii) Changes after the beginning of
the school year.--A local educational
agency need not include unpredictable
changes in student enrollment or
personnel assignments that occur after
the beginning of a school year in
determining compliance under this
subsection.
(2) Documentation.--A local educational agency
shall demonstrate that it is meeting the requirements
of paragraph (1) by submitting to the State educational
agency the per-pupil expenditures, personnel
expenditures, nonpersonnel expenditures, and total
expenditures for each school served by the local
educational agency.
(3) Inapplicability.--This subsection shall not
apply to a local educational agency that does not have
more than 1 building for each grade span.
(4) Process and procedures.--
(A) Local educational agency
responsibilities.--Each local educational
agency assisted under the program under this
subpart and subpart 2 shall, by October 31,
2016, report to the State educational agency on
its compliance with the requirements of this
subsection for the preceding school year,
including a listing, by school, of actual
combined per-pupil State and local personnel
and nonpersonnel expenditures.
(B) State educational agency
responsibilities.--Each State educational
agency assisted under the program under this
subpart and subpart 2 shall ensure that such
information is made publicly available by the
State or the local educational agency,
including the school-by-school listing
described in subparagraph (A).
(C) Plan.--A local educational agency that
does not meet the requirements of this
subsection in any year shall develop and
implement a plan to ensure compliance for the
subsequent school year and may be required by
the State educational agency to report on its
progress in implementing such plan.
(5) Transition provisions.--
(A) School years preceding the 2015-2016
school year.--For school years preceding the
2015-2016 school year, a local educational
agency may receive funds under the program
under this subpart and subpart 2 only if the
local educational agency demonstrates to the
State educational agency that the local
educational agency meets the requirements of
section 1120A, as in effect on the day before
the date of enactment of the Strengthening
America's Schools Act of 2013.
(B) Transition between requirements.--The
Secretary shall take such steps as are
necessary to provide for the orderly transition
between the requirements under section 1120A,
as in effect on the day before the date of
enactment of the Strengthening America's
Schools Act of 2013, and the new requirements
under this section, as amended by such Act.
(6) Rule of construction.--Nothing in this
subsection shall be construed to require a local
educational agency to transfer school personnel in
order to comply with this subsection.
(7) Comparable requirements.--In the case of a
State, State educational agency, or local educational
agency that has, before the date of enactment of the
Strengthening America's Schools Act of 2013, enacted
requirements relating to the comparability of
educational expenditures that differ from the
requirements of this subsection, the Secretary shall
allow the local educational agency to demonstrate
comparability of educational expenditures for purposes
of this subsection through the enacted requirements if
the Secretary determines that the enacted requirements
provide the same, or a higher, standard of
comparability for schools served under this subpart as
required by this subsection.
* * * * * * *
[[SEC. 1120B]SEC. 1120A. COORDINATION REQUIREMENTS.
[(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) with Head Start agencies and, if
feasible, other entities carrying out early childhood
development programs such as the Early Reading First program.
[(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, such as the Early Reading First program, 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 such as the Early Reading
First program;
[(2) establishing channels of communication between
school staff and their counterparts (including
teachers, social workers, and health staff) in such
Head Start agencies or other entities carrying out
early childhood development programs such as the Early
Reading First program, 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 such as the Early
Reading First program, 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, Early Reading First 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 and entities
carrying out Early Reading First programs.
[(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. 1120A. COORDINATION REQUIREMENTS.
(a) In General.--Each local educational agency receiving
assistance under the program under this subpart and subpart 2
shall carry out the activities described in subsection (b) with
Head Start agencies (consistent with section 642(e)(5) of the
Head Start Act (42 U.S.C. 9837(e)(5)), providers of services
under part C of the Individuals with Disabilities Education
Act, programs carried out under section 619 of such Act, and,
if feasible, other entities carrying out high-quality early
childhood education programs and services.
(b) Activities.--The activities and services referred to in
subsection (a) include--
(1) developing and implementing a systematic
procedure for transferring, with parental consent,
early childhood program records for each participating
child to the school in which such child will enroll;
(2) establishing ongoing communication between
early childhood program staff and their counterparts in
the schools (including teachers, principals, social
workers, local educational agency liaisons designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act, and health staff) to
facilitate the coordination and alignment of programs;
(3) establishing ongoing communications between the
early childhood program and the local educational
agency for developing continuity of developmentally
appropriate instructional programs and shared
expectations for children's learning and development as
children transition to school;
(4) organizing and participating in joint training,
including transition-related training for school staff
and early childhood programs;
(5) establishing comprehensive transition policies
and procedures that support the school readiness of
children transitioning to school;
(6) conducting outreach to parents, families, and
elementary school teachers to discuss the educational,
developmental, and other needs of children entering
school;
(7) helping parents of children who are English
learners understand--
(A) the instructional and other services
provided by the school in which such child will
enroll after participation in a Head Start
program or other Federal early childhood care
and education program; and
(B) as appropriate, the information
provided to parents of English learners under
section 3202;
(8) helping parents understand the instructional
and other services provided by the school in which
their child will enroll after participation in a Head
Start program or other Federal early childhood care and
education program; and
(9) developing and implementing a system to
increase program participation of underserved
populations of eligible children, especially children
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), parents of children who are English
learners, and parents of children with disabilities.
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under [section 1002(a)
and 1125A(f)]paragraphs (1) and (3) of section 3(a), the
Secretary shall reserve a total of 1 percent to provide
assistance to--
(1) * * *
* * * * * * *
(b) Assistance to Outlying Areas.--
(1) Funds reserved.--* * *
* * * * * * *
(3) Limitation for competitive grants.--
(A) Competitive grants.--The Secretary
shall use funds described in paragraph (2) to
award grants to the outlying areas [and freely
associated States] to carry out the purposes of
this part.
(B) Award basis.--* * *
(C) Uses.--* * *
(i) * * *
(ii) to provide direct educational
services that assist all students with
meeting [challenging State academic
content standards]college and career
ready State academic content standards
under section 1111(a)(1).
* * * * * * *
[(c) Definitions.--For the purpose of subsections (a) and
(b)--
[(1) the term ``freely associated states'' means
the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau; and
[(2) the term ``outlying area'' means the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.]
(c) Definition of Outlying Area.--As used in subsections
(a) and (b), the term ``outlying area'' has the meaning given
that term in subparagraphs (A) and (B) of section 9101(44).
* * * * * * *
SEC. 1122. ALLOCATIONS TO STATES.
(a) Allocation Formula.--Of the amount appropriated under
[section 1002(a) to carry out this part for each of fiscal
years 2002-2007]section 3(a)(1) to carry out this part for each
of fiscal years 2014 through 2019 (referred to in this
subsection as the current fiscal year)--
(1) * * *
* * * * * * *
SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
(a) Grants.--From funds appropriated under [subsection
(f)]section 3(a)(3), the Secretary is authorized to make grants
to States, from allotments under subsection (b), to carry out
the programs and activities of this part.
(b) Distribution Based Upon Fiscal Effort and Equity.--
(1) In general.--
(A) In general.--Except as provided in
subparagraph (B), funds appropriated pursuant
to [subsection (f)]section 3(a)(3) shall be
allotted to each State based upon the number of
children counted under section 1124(c) in such
State multiplied by the product of--
(i) * * *
* * * * * * *
[(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and for each of the 5
succeeding fiscal years.]
[(g)](f) Adjustments Where Necessitated by
Appropriations.--
(1) In general.--* * *
* * * * * * *
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--* * *
* * * * * * *
Subpart 3--Blue Ribbon Schools; Centers of Excellence in Early
Childhood; Green Ribbon Schools
SEC. 1131. BLUE RIBBON SCHOOLS.
(a) Program Purpose.--It is the purpose of this section to
assist States and local educational agencies in identifying and
rewarding high-performing public schools.
(b) Blue Ribbon Schools.--
(1) Identification of blue ribbon schools.--Each
State receiving a grant under the program under subpart
1 and subpart 2 may--
(A) define the category of blue ribbon
schools, consistent with paragraph (2), for the
State as part of its State plan in section
1111(b); and
(B) identify, for each school year, the
schools in the State that are blue ribbon
schools for such year.
(2) Blue ribbon school criteria.--
(A) In general.--If a State elects to carry
out this subsection, the State's blue ribbon
schools shall consist of the highest 5 percent
of the State's public elementary schools and
secondary schools, as designated by the State
based on--
(i) the percentage of proficient or
advanced students, as determined under
section 1111(a)(3)(B)(ii)(I), in
English or language arts, and
mathematics;
(ii) in the case of high schools,
the school's graduation rates;
(iii) the performance of each
category of students described in
section 1111(a)(3)(D);
(iv) the percentage of students who
are meeting or exceeding the State
student academic achievement standards
or are achieving sufficient academic
growth as described in section
1111(a)(3)(B)(iii); and
(v) school gains.
(B) Noneligibility for blue ribbon
status.--A school identified under subsection
(c) or (d) of section 1116 for a year shall not
be eligible for blue ribbon school status for
the same year.
(c) Rewards.--
(1) In general.--Each State that defines and
identifies blue ribbon schools under subsection (b)(1)
for a school year may--
(A) provide each blue ribbon school in the
State with increased autonomy over the school's
budget, staffing, and time;
(B) allow each blue ribbon school to have
flexibility in the use of any funds provided to
the school under this Act for any purpose
allowed under this Act (notwithstanding any
other provision of this Act), as long as such
use is consistent with the Civil Rights Act of
1964 (42 U.S.C. 2000a et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and part B of the Individuals with
Disabilities Education Act; and
(C) reserve not more than .5 percent of the
funds allotted to the State under subpart 2 and
use such reserved amounts to distribute
rewards, on a competitive basis, to local
educational agencies that serve 1 or more blue
ribbon schools identified under subsection (b)
that receive funds under subpart 2 to enable
the local educational agencies to provide
awards to such blue ribbon schools that receive
funds under such subpart.
(2) Use of rewards.--As a condition of receiving an
award from a local educational agency under this
subsection, a blue ribbon school shall agree to use the
award funds to--
(A) improve student achievement; and
(B) provide technical assistance to the
lowest-achieving schools in the closest
geographic region of the State to the blue
ribbon school, in accordance with the State
plan under section 1111(b)(1)(E).
SEC. 1132. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
(a) Definition of Eligible Early Childhood Education
Program.--In this section, the term ``eligible early childhood
education program'' means an early childhood education program
that--
(1) serves young children from households that
would be eligible to receive a free or reduced price
lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.); and
(2) is nominated, by the Governor of the State in
which the program is located and through a competitive
selection process, to be a center of excellence in
early childhood under this section.
(b) Program Authorized.--
(1) In general.--The Secretary of Education, acting
jointly with the Secretary of Health and Human Services
as provided in paragraph (2), shall, subject to the
availability of funds under section 3(a)(4), establish
a program under which the Secretary shall--
(A) designate exemplary eligible early
childhood education programs as centers of
excellence in early childhood for the purposes
of sharing best practices among early childhood
education programs and to support or recognize
the centers of excellence to improve the
quality of care in programs in their local
region; and
(B) award bonus grants to each center of
excellence in early childhood, to enable the
center to carry out the activities described in
subsection (e).
(2) Federal administration.--
(A) In general.--With respect to this
section, the Secretary shall bear
responsibility for obligating and disbursing
funds and ensuring compliance with applicable
laws and administrative requirements, subject
to subparagraph (B).
(B) Interagency agreement.--The Secretary
of Education and the Secretary of Health and
Human Services shall jointly administer
activities supported under this section on such
terms as the Secretaries shall set forth in an
interagency agreement.
(c) Application.--
(1) In general.--In order to be eligible to be
designated as a center of excellence in early childhood
under subsection (b), an eligible early childhood
education program shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require.
(2) Contents.--At a minimum, the application shall
include--
(A) evidence that the eligible early
childhood education program has significantly
improved the school readiness, as determined by
the Secretaries, of young children who have
participated in the program;
(B) evidence that the eligible early
childhood education program demonstrates
improved child outcomes across all the
essential domains of school readiness;
(C) evidence that the eligible early
childhood education program has high staff
qualifications that are designed to promote the
social, emotional, physical, and cognitive
development of children;
(D) an assurance that the eligible early
childhood education program will develop a
collaborative partnership with other providers
of early childhood education in the local
community involved to conduct activities under
subsection (e);
(E) a nomination letter, from the Governor
of the State in which the eligible early
childhood education program is located,
demonstrating the eligible early childhood
education program's ability to--
(i) provide the coordination,
transition, and training services of
the activities proposed to be carried
out under the bonus grant, including
the coordination of such activities
with State and local agencies that
provide early childhood education and
development to young children and
families in the community served by the
eligible early childhood education
program; and
(ii) carry out the activities
described in subsection (e)(1); and
(F) a description of how the early
childhood program, in order to expand
accessibility and continuity of quality early
childhood education and development services
and programs, will coordinate activities under
subsection (e) with--
(i) programs serving children
assisted under the Child Care and
Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.);
(ii) the temporary assistance for
needy families program funded under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
(iii) the block grants to States
for social services program funded
under subtitle A of title XX of the
Social Security Act (42 U.S.C. 1397 et
seq.);
(iv) child care programs supported
directly through the Community Services
Block Grant;
(v) the Head Start and Early Head
Start programs carried out under the
Head Start Act;
(vi) programs supported by grants
under part I of title IV;
(vii) other preschool programs
supported under this title;
(viii) programs carried out under
section 619 and part C of the
Individuals with Disabilities Education
Act;
(ix) State prekindergarten
programs;
(x) programs that support parent
and family engagement, including
programs funded under section 1118 or,
if applicable, grantees supported
through parent and family information
and resource center grants under part H
of title IV; and
(xi) other programs of early
childhood education and development;
and
(G) a description of how the early
childhood education program, if selected as a
center for excellence in early childhood, will
work with the local educational agency of the
area in which the program is located, to--
(i) provide for effective
transitions between the program and
elementary schools; and
(ii) facilitate ongoing
communication between the program and
elementary school teachers concerning
young children participating in the
program to improve the teachers'
ability to work effectively with low-
income, at-risk young children and
their families.
(d) Designation and Bonus Grants.--
(1) In general.--For each 5-year term described in
paragraph (2), the Secretary shall--
(A) select and designate, as centers of
excellence in early childhood, not less than 1
early childhood education program from each of
the several States of the United States, the
District of Columbia, Commonwealth of Puerto
Rico, and each of the outlying areas from which
the Secretary has received applications; and
(B) award each center of excellence in
early childhood a bonus grant for the 5-year
term, subject to paragraph (2)(B).
(2) Term of designation.--
(A) In general.--Subject to subparagraph
(B), the Secretary shall designate each early
childhood education program as a center of
excellence in early childhood under paragraph
(1) for a 5-year term. During the period of
that designation, the program shall receive a
bonus grant under this subsection.
(B) Revocation.--The Secretary may revoke a
program's grant and designation under
subparagraph (A) if the Secretary determines
that the program has not made substantial
progress in meeting the goals and objectives of
the grant.
(3) Bonus grant amount.--
(A) Minimum amount of bonus grant.--Subject
to the availability of appropriations, each
bonus grant awarded under this subsection shall
be in an amount of not less than $200,000 per
year.
(B) Priority for increased bonus grant
funding.--In determining the amount of the
bonus grant for a center of excellence in early
childhood under this section, and subject to
the requirements of subparagraph (A), the
Secretary--
(i) shall give priority to centers
that, through their applications,
demonstrate that their programs are of
exceptional quality and would serve as
exemplary models for programs in the
same geographic region; and
(ii) may give consideration to--
(I) the populations served
by the centers, such as centers
that serve large proportions of
young children who are English
learners, children who are
infants or toddlers with
disabilities, as defined in
section 632 of the Individuals
with Disabilities Education
Act, children with disabilities
who are eligible for services
under section 619 of such Act,
homeless children, foster
children, or children who
receive child protective
services, or young children of
other underserved populations;
and
(II) centers that do an
exceptional job meeting the
needs of young children in such
populations.
(e) Use of Bonus Grant Funds.--A center of excellence in
early childhood that receives a bonus grant under subsection
(d) shall--
(1) use not less than 15 percent of the funds made
available through the grant to disseminate to other
early childhood education programs in the State
involved (including to early childhood education
programs who serve young children who live on tribal
lands or come from families who engage in seasonal or
migrant work), best practices for achieving early
academic success, including best practices for--
(A) achieving school readiness, including
developing early literacy and mathematics
skills;
(B) achieving the acquisition of the
English language for English learners, if
appropriate to the population served;
(C) providing high-quality comprehensive
services, if applicable, for participating
young children and their families; and
(D) facilitating the social and emotional
development of children and young children; and
(2) use the remainder of such funds for not less
than 2 of the following activities:
(A) In the case of a center of excellence
that is a Head Start program, providing Head
Start services to additional eligible young
children.
(B) Extending the services of the center of
excellence to provide full-day, full-week, or
full-year care to young children served by the
program, if appropriate to better meet the
needs of working families in the community
served by the center.
(C) Further coordinating early childhood
education programs and services and social
services available in the community served by
the center for at-risk young children, their
families, and pregnant women.
(D) Providing professional development for
program instructional and support staff,
including joint training for with child care
providers, public preschool and elementary
school teachers and school leaders, and other
providers of early childhood education and
development programs.
(E) Developing or maintaining partnerships
with institutions of higher education and
nonprofit organizations, including community-
based organizations, that recruit, train,
place, and support postsecondary education
students to serve as mentors and reading
partners to preschool children in centers that
serve such children.
(F) Carrying out other activities
determined by the center to improve the overall
quality of the center's early childhood
education program and for which there is
evidence that the activities will lead to
improved safety, development, well-being, or
school readiness of the young children served
by the program.
(G) Sharing best practices concerning the
transition of children into elementary school.
(f) Reports to the Secretary.--Each center of excellence in
early childhood that receives bonus grant funds under this
section shall submit an annual report to the Secretary, at such
time and in such manner as the Secretary may require, that
contains a description of the activities the center carried out
with funds received under this section, including a description
of how such funds improved services for young children and
families.
(g) Research and Technical Assistance.--From the funds made
available to carry out this section, the Secretary may reserve
not more than 1 percent of such funds to carry out the
following activities:
(1) Supporting a research collaborative among the
Institute of Education Sciences, the National Institute
of Child Health and Human Development, the Office of
Planning, Research, and Evaluation within the
Administration for Children and Families of the
Department of Health and Human Services, and, as
appropriate, other Federal entities, to support
research on early learning that can inform improved
State and other standards and licensing requirements
and improved outcomes for young children, which
collaborative shall--
(A) biennially prepare and publish for
public comment a detailed research plan;
(B) support early learning research
activities that could include determining--
(i) the characteristics of early
learning programs that produce positive
developmental outcomes for young
children;
(ii) the effects of program quality
standards on child outcomes;
(iii) the relationships between
specific interventions and types of
child and family outcomes;
(iv) the effectiveness of early
learning provider training in raising
program quality and improving child
outcomes;
(v) the effectiveness of
professional development strategies in
raising program quality and improving
child outcomes; and
(vi) how to improve the school
readiness outcomes of young children
who are English learners, children with
special needs, and homeless children,
including evaluation of professional
development programs for working with
such children; and
(C) disseminate relevant research findings
and best practices.
(2) Evaluating barriers to improving the quality of
early learning programs serving low-income young
children, including evaluating barriers to successful
interagency collaboration and coordination, by
conducting a review of the statewide strategic reports
developed by State Advisory Councils on Early Childhood
Education and Care and other relevant reports,
reporting the findings of such review to Congress, and
disseminating relevant research findings and best
practices.
SEC. 1133. GREEN RIBBON SCHOOLS.
The Secretary is authorized to identify and recognize
exemplary schools, programs, and individuals. Such recognitions
may include--
(1) a Green Ribbon Schools program, such as the
Green Ribbons School program carried out by the
Secretary under section 5411(b)(5) as of the day before
the date of enactment of the Strengthening America's
Schools Act of 2013, that recognizes excellence in
reducing environmental impact, increasing health and
wellness, and providing sustainability education; and
(2) an award program recognizing excellence
exhibited by classified school employees in the public
school system.
Subpart 4--Grants for State Assessments and Related Activities
SEC. 1141. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
(a) Grants for State Assessments.--From amounts made
available under subsection (c)(1) to carry out this subsection,
the Secretary shall make grants to States--
(1) to enable States to pay the costs of
developing, improving, or administering State
assessments and standards consistent with section
1111(a), which may include the cost of working in
voluntary partnerships with other States, at the sole
discretion of each such State; and
(2) in the case of States that have developed the
assessments and standards consistent with the
requirements of section 1111(a), to enable each such
State--
(A) to administer such assessments; or
(B) to carry out other activities described
in this section, which may include--
(i) developing college and career
ready State academic content and
student academic achievement standards
and aligned assessments in academic
subjects for which standards and
assessments are not required under
section 1111(a);
(ii) developing or improving
assessments of English language
proficiency necessary to comply with
section 1111(a)(2)(D);
(iii) developing multiple measures
of student academic achievement,
including measures that assess higher-
order thinking skills and
understanding, and elicit complex
student demonstrations or applications
of knowledge and skills to increase the
reliability and validity of State
assessment systems;
(iv) developing, enhancing, or
administering, in publicly funded early
childhood education programs and
elementary schools, early learning
assessments (including accommodations
to provide access for young children
with disabilities) to improve
instruction for young children;
(v) strengthening the capacity of
local educational agencies and schools
to provide all students with the
opportunity to increase educational
achievement, including carrying out
professional development activities
aligned with State student academic
achievement standards and assessments;
(vi) expanding the range, and
improving the quality, of
accommodations available to English
learners and students with disabilities
to improve the use of such
accommodations, including professional
development activities;
(vii) improving the dissemination
of information about student
achievement and school performance to
parents and families, including the
development of information and
reporting systems designed to--
(I) identify best
educational practices based on
scientifically valid research;
or
(II) assist in linking
records of student achievement,
length of enrollment, and
graduation over time;
(viii) providing instructional
supports, which may include formative
assessments;
(ix) developing computer adaptive
assessments that meet the requirements
of section 1111(a);
(x) developing alternate
assessments, as described in section
1111(a)(2)(E), aligned to alternate
achievement standards; and
(xi) providing professional
development to local educational agency
staff to transition between assessment
systems, including technology for that
purpose.
(b) Grants for Enhanced Assessment Systems.--
(1) Grant program authorized.--From amounts made
available under subsection (c)(3) to carry out this
subsection, the Secretary shall award, on a competitive
basis, grants to State educational agencies to enable
the State educational agencies to carry out the
activities described in paragraph (3).
(2) Application.--Each State educational agency
desiring 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.
(3) Authorized activities.--Each State educational
agency that receives a grant under this section shall
use the grant funds to--
(A) enable States, or a consortia of
States, to collaborate with institutions of
higher education or other organizations or
agencies to improve the quality, validity, and
reliability of State academic assessments
beyond the requirements for such assessments
described in section 1111(a)(2);
(B) measure student academic achievement
using multiple measures of student academic
achievement from multiple sources, including
measures that assess higher-order thinking
skills and understanding;
(C) chart student progress over time; or
(D) evaluate student academic achievement
through the development of comprehensive
academic assessment instruments.
(c) Allotment of Appropriated Funds.--
(1) In general.--Except as provided in paragraph
(2), for each fiscal year, the Secretary shall use the
amount of funds made available for this section for
such year or $400,000,000 of such funds, whichever is
less, to--
(A) reserve one-half of 1 percent for the
Bureau of Indian Education;
(B) reserve one-half of 1 percent for the
outlying areas; and
(C) from the amounts remaining after the
application of subparagraphs (A) and (B),
allocate to each State, for the purposes of
carrying out the activities under subsection
(a), 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) Special rule for fiscal year 2014.--For fiscal
year 2014, the Secretary shall use not less than
$800,000,000 or, if a lesser amount is made available
for this section for such year, such entire lesser
amount, to carry out the requirements of paragraph (1).
(3) Remainder.--Any amounts remaining for a fiscal
year after the Secretary carries out paragraph (1)
shall be made available to award funds to States under
subsection (b) according to the quality, needs, and
scope of the State application under this section. In
determining the grant amount, 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.
(4) Definition of state.--In this section, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
[PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]
[Subpart 1--Reading First
[SEC. 1201. PURPOSES.
[The purposes of this subpart are as follows:
[(1) To provide assistance to State educational
agencies and local educational agencies in establishing
reading programs for students in kindergarten through
grade 3 that are based on scientifically based reading
research, to ensure that every student can read at
grade level or above not later than the end of grade 3.
[(2) To provide assistance to State educational
agencies and local educational agencies in preparing
teachers, including special education teachers, through
professional development and other support, so the
teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
[(3) To provide assistance to State educational
agencies and local educational agencies in selecting or
administering screening, diagnostic, and classroom-
based instructional reading assessments.
[(4) To provide assistance to State educational
agencies and local educational agencies in selecting or
developing effective instructional materials (including
classroom-based materials to assist teachers in
implementing the essential components of reading
instruction), programs, learning systems, and
strategies to implement methods that have been proven
to prevent or remediate reading failure within a State.
[(5) To strengthen coordination among schools,
early literacy programs, and family literacy programs
to improve reading achievement for all children.
[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) In General.--
[(1) Authorization to make grants.--In the case of
each State educational agency that in accordance with
section 1203 submits to the Secretary an application
for a 6-year period, the Secretary, from amounts
appropriated under section 1002(b)(1) and subject to
the application's approval, shall make a grant to the
State educational agency for the uses specified in
subsections (c) and (d). For each fiscal year, the
funds provided under the grant shall equal the
allotment determined for the State educational agency
under subsection (b).
[(2) Duration of grants.--Subject to subsection
(e)(3), a grant under this section shall be awarded for
a period of not more than 6 years.
[(b) Determination of Amount of Allotments.--
[(1) Reservations from appropriations.--From the
total amount made available to carry out this subpart
for a fiscal year, the Secretary--
[(A) shall reserve one-half of 1 percent
for allotments for the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
to be distributed among these outlying areas on
the basis of their relative need, as determined
by the Secretary in accordance with the
purposes of this subpart;
[(B) shall reserve one-half of 1 percent
for the Secretary of the Interior for programs
under this subpart in schools operated or
funded by the Bureau of Indian Affairs;
[(C) may reserve not more than 2\1/2\
percent or $25,000,000, whichever is less, to
carry out section 1205 (relating to external
evaluation) and section 1206 (relating to
national activities);
[(D) shall reserve $5,000,000 to carry out
sections 1207 and 1224 (relating to information
dissemination); and
[(E) for any fiscal year, beginning with
fiscal year 2004, for which the amount
appropriated to carry out this subpart exceeds
the amount appropriated for fiscal year 2003,
shall reserve, to carry out section 1204, the
lesser of--
[(i) $90,000,000; or
[(ii) 10 percent of such excess
amount.
[(2) State allotments.--In accordance with
paragraph (3), the Secretary shall allot among each of
the States the total amount made available to carry out
this subpart for any fiscal year and not reserved under
paragraph (1).
[(3) Determination of state allotment amounts.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall allot the amount made
available under paragraph (2) for a fiscal year
among the States in proportion to the number of
children, aged 5 to 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 individuals who
reside in all such States for that fiscal year.
[(B) Exceptions.--
[(i) Minimum grant amount.--Subject
to clause (ii), no State receiving an
allotment under subparagraph (A) may
receive less than one-fourth of 1
percent of the total amount allotted
under such subparagraph.
[(ii) Puerto rico.--The percentage
of the amount allotted under
subparagraph (A) that is allotted to
the Commonwealth of Puerto Rico for a
fiscal year may not exceed the
percentage that was received by the
Commonwealth of Puerto Rico of the
funds allocated to all States under
subpart 2 of part A for the preceding
fiscal year.
[(4) Distribution of subgrants.--The Secretary may
make a grant to a State educational agency only if the
State educational agency agrees to expend at least 80
percent of the amount of the funds provided under the
grant for the purpose of making, in accordance with
subsection (c), competitive subgrants to eligible local
educational agencies.
[(5) Reallotment.--If a State educational agency
described in paragraph (2) does not apply for an
allotment under this section for any fiscal year, or if
the State educational agency's application is not
approved, the Secretary shall reallot such amount to
the remaining State educational agencies in accordance
with paragraph (3).
[(6) Definition of state.--For purposes of this
subsection, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[(c) Subgrants to Local Educational Agencies.--
[(1) Authorization to make subgrants.--In
accordance with paragraph (2), a State educational
agency that receives a grant under this section shall
make competitive subgrants to eligible local
educational agencies.
[(2) Allocation.--
[(A) Minimum subgrant amount.--In making
subgrants under paragraph (1), a State
educational agency shall allocate to each
eligible local educational agency that receives
such a subgrant, at a minimum, an amount that
bears the same relation to the funds made
available under subsection (b)(4) as the amount
the eligible local educational agency received
under part A for the preceding fiscal year
bears to the amount all the local educational
agencies in the State received under part A for
the preceding fiscal year.
[(B) Priority.--In making subgrants under
paragraph (1), a State educational agency shall
give priority to eligible local educational
agencies in which at least--
[(i) 15 percent of the children
served by the eligible local
educational agency are from families
with incomes below the poverty line; or
[(ii) 6,500 children served by the
eligible local educational agency are
from families with incomes below the
poverty line.
[(3) Notice.--A State educational agency receiving
a grant under this section shall provide notice to all
eligible local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(4) Local application.--To be eligible to receive
a subgrant under this subsection, an eligible local
educational agency 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 reasonably require.
[(5) State requirement.--In distributing subgrant
funds to eligible local educational agencies under this
subsection, a State educational agency shall--
[(A) provide funds in sufficient size and
scope to enable the eligible local educational
agencies to improve reading instruction; and
[(B) provide the funds in amounts related
to the number or percentage of students in
kindergarten through grade 3 who are reading
below grade level.
[(6) Limitation to certain schools.--In
distributing subgrant funds under this subsection, an
eligible local educational agency shall provide funds
only to schools that both--
[(A) are among the schools served by that
eligible local educational agency with the
highest percentages or numbers of students in
kindergarten through grade 3 reading below
grade level, based on the most currently
available data; and
[(B)(i) are identified for school
improvement under section 1116(b); or
[(ii) have the highest percentages or
numbers of children counted under section
1124(c).
[(7) Local uses of funds.--
[(A) Required uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection shall
use the funds provided under the subgrant to
carry out the following activities:
[(i) Selecting and administering
screening, diagnostic, and classroom-
based instructional reading
assessments.
[(ii) Selecting and implementing a
learning system or program of reading
instruction based on scientifically
based reading research that--
[(I) includes the essential
components of reading
instruction; and
[(II) provides such
instruction to the children in
kindergarten through grade 3 in
the schools served by the
eligible local educational
agency, including children
who--
[(aa) may have
reading difficulties;
[(bb) are at risk
of being referred to
special education based
on these difficulties;
[(cc) have been
evaluated under section
614 of the Individuals
with Disabilities
Education Act but, in
accordance with section
614(b)(5) of that Act,
have not been
identified as being a
child with a disability
(as defined in section
602 of that Act);
[(dd) are being
served under such Act
primarily due to being
identified as being a
child with a specific
learning disability (as
defined in section 602
of that Act) related to
reading;
[(ee) are deficient
in the essential
components of reading
skills, as listed in
subparagraphs (A)
through (E) of section
1208(3); or
[(ff) are
identified as having
limited English
proficiency.
[(iii) Procuring and implementing
instructional materials, including
education technology such as software
and other digital curricula, that are
based on scientifically based reading
research.
[(iv) Providing professional
development for teachers of
kindergarten through grade 3, and
special education teachers of
kindergarten through grade 12, that--
[(I) will prepare these
teachers in all of the
essential components of reading
instruction;
[(II) shall include--
[(aa) information
on instructional
materials, programs,
strategies, and
approaches based on
scientifically based
reading research,
including early
intervention, classroom
reading materials, and
remedial programs and
approaches; and
[(bb) instruction
in the use of
screening, diagnostic,
and classroom-based
instructional reading
assessments and other
procedures that
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading;
[(III) shall be provided by
eligible professional
development providers; and
[(IV) will assist teachers
in becoming highly qualified in
reading instruction in
accordance with the
requirements of section 1119.
[(v) Collecting and summarizing
data--
[(I) to document the
effectiveness of activities
carried out under this subpart
in individual schools and in
the local educational agency as
a whole; and
[(II) to stimulate and
accelerate improvement by
identifying the schools that
produce significant gains in
reading achievement.
[(vi) Reporting data for all
students and categories of students
described in section
1111(b)(2)(C)(v)(II).
[(vii) Promoting reading and
library programs that provide access to
engaging reading material, including
coordination with programs funded
through grants received under subpart
4, where applicable.
[(B) Additional uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection may
use the funds provided under the subgrant to
carry out the following activities:
[(i) Humanities-based family
literacy programs (which may be
referred to as ``Prime Time Family
Reading Time'') that bond families
around the acts of reading and using
public libraries.
[(ii) Providing training in the
essential components of reading
instruction to a parent or other
individual who volunteers to be a
student's reading tutor, to enable such
parent or individual to support
instructional practices that are based
on scientifically based reading
research and are being used by the
student's teacher.
[(iii) Assisting parents, through
the use of materials and reading
programs, strategies, and approaches
(including family literacy services)
that are based on scientifically based
reading research, to encourage reading
and support their child's reading
development.
[(8) Local planning and administration.--An
eligible local educational agency that receives a
subgrant under this subsection may use not more than
3.5 percent of the funds provided under the subgrant
for planning and administration.
[(d) State Uses of Funds.--
[(1) In general.--A State educational agency that
receives a grant under this section may expend not more
than a total of 20 percent of the grant funds to carry
out the activities described in paragraphs (3), (4),
and (5).
[(2) Priority.--A State educational agency shall
give priority to carrying out the activities described
in paragraphs (3), (4), and (5) for schools described
in subsection (c)(6).
[(3) Professional inservice and preservice
development and review.--A State educational agency may
expend not more than 65 percent of the amount of the
funds made available under paragraph (1)--
[(A) to develop and implement a program of
professional development for teachers,
including special education teachers, of
kindergarten through grade 3 that--
[(i) will prepare these teachers in
all the essential components of reading
instruction;
[(ii) shall include--
[(I) information on
instructional materials,
programs, strategies, and
approaches based on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
[(II) instruction in the
use of screening, diagnostic,
and classroom-based
instructional reading
assessments and other
scientifically based procedures
that effectively identify
students who may be at risk for
reading failure or who are
having difficulty reading; and
[(iii) shall be provided by
eligible professional development
providers;
[(B) to strengthen and enhance preservice
courses for students preparing, at all public
institutions of higher education in the State,
to teach kindergarten through grade 3 by--
[(i) reviewing such courses to
determine whether the courses' content
is consistent with the findings of the
most current scientifically based
reading research, including findings on
the essential components of reading
instruction;
[(ii) following up such reviews
with recommendations to ensure that
such institutions offer courses that
meet the highest standards; and
[(iii) preparing a report on the
results of such reviews, submitting the
report to the reading and literacy
partnership for the State established
under section 1203(d), and making the
report available for public review by
means of the Internet; and
[(C) to make recommendations on how the
State licensure and certification standards in
the area of reading might be improved.
[(4) Technical assistance for local educational
agencies and schools.--A State educational agency may
expend not more than 25 percent of the amount of the
funds made available under paragraph (1) for one or
more of the following:
[(A) Assisting local educational agencies
in accomplishing the tasks required to design
and implement a program under this subpart,
including--
[(i) selecting and implementing a
program or programs of reading
instruction based on scientifically
based reading research;
[(ii) selecting screening,
diagnostic, and classroom-based
instructional reading assessments; and
[(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in clauses (i)
and (ii).
[(B) Providing expanded opportunities to
students in kindergarten through grade 3 who
are served by eligible local educational
agencies for receiving reading assistance from
alternative providers that includes--
[(i) screening, diagnostic, and
classroom-based instructional reading
assessments; and
[(ii) as need is indicated by the
assessments under clause (i),
instruction based on scientifically
based reading research that includes
the essential components of reading
instruction.
[(5) Planning, administration, and reporting.--
[(A) Expenditure of funds.--A State
educational agency may expend not more than 10
percent of the amount of funds made available
under paragraph (1) for the activities
described in this paragraph.
[(B) Planning and administration.--A State
educational agency that receives a grant under
this section may expend funds made available
under subparagraph (A) for planning and
administration relating to the State uses of
funds authorized under this subpart, including
the following:
[(i) Administering the distribution
of competitive subgrants to eligible
local educational agencies under
subsection (c) and section 1204(d).
[(ii) Assessing and evaluating, on
a regular basis, eligible local
educational agency activities assisted
under this subpart, with respect to
whether they have been effective in
increasing the number of children in
grades 1, 2, and 3 served under this
subpart who can read at or above grade
level.
[(C) Annual reporting.--
[(i) In general.--A State
educational agency that receives a
grant under this section shall expend
funds made available under subparagraph
(A) to provide the Secretary annually
with a report on the implementation of
this subpart.
[(ii) Information included.--Each
report under this subparagraph shall
include information on the following:
[(I) Evidence that the
State educational agency is
fulfilling its obligations
under this subpart.
[(II) Specific
identification of those schools
and local educational agencies
that report the largest gains
in reading achievement.
[(III) The progress the
State educational agency and
local educational agencies
within the State are making in
reducing the number of students
served under this subpart in
grades 1, 2, and 3 who are
reading below grade level, as
demonstrated by such
information as teacher reports
and school evaluations of
mastery of the essential
components of reading
instruction.
[(IV) Evidence on whether
the State educational agency
and local educational agencies
within the State have
significantly increased the
number of students reading at
grade level or above,
significantly increased the
percentages of students
described in section
1111(b)(2)(C)(v)(II) who are
reading at grade level or
above, and successfully
implemented this subpart.
[(iii) Privacy protection.--Data in
the report shall be reported in a
manner that protects the privacy of
individuals.
[(iv) Contract.--To the extent
practicable, a State educational agency
shall enter into a contract with an
entity that conducts scientifically
based reading research, under which
contract the entity will assist the
State educational agency in producing
the reports required to be submitted
under this subparagraph.
[(e) Review.--
[(1) Progress report.--
[(A) Submission.--Not later than 60 days
after the termination of the third year of the
grant period, each State educational agency
receiving a grant under this section shall
submit a progress report to the Secretary.
[(B) Information included.--The progress
report shall include information on the
progress the State educational agency and local
educational agencies within the State are
making in reducing the number of students
served under this subpart in grades 1, 2, and 3
who are reading below grade level (as
demonstrated by such information as teacher
reports and school evaluations of mastery of
the essential components of reading
instruction). The report shall also include
evidence from the State educational agency and
local educational agencies within the State
that the State educational agency and the local
educational agencies have significantly
increased the number of students reading at
grade level or above, significantly increased
the percentages of students described in
section 1111(b)(2)(C)(v)(II) who are reading at
grade level or above, and successfully
implemented this subpart.
[(2) Peer review.--The progress report described in
paragraph (1) shall be reviewed by the peer review
panel convened under section 1203(c)(2).
[(3) Consequences of insufficient progress.--After
submission of the progress report described in
paragraph (1), if the Secretary determines that the
State educational agency is not making significant
progress in meeting the purposes of this subpart, the
Secretary may withhold from the State educational
agency, in whole or in part, further payments under
this section in accordance with section 455 of the
General Education Provisions Act or take such other
action authorized by law as the Secretary determines
necessary, including providing technical assistance
upon request of the State educational agency.
[(f) Funds not Used for State Level Activities.--Any
portion of funds described in subsection (d)(1) that a State
educational agency does not expend in accordance with
subsection (d)(1) shall be expended for the purpose of making
subgrants in accordance with subsection (c).
[(g) Supplement, not Supplant.--A State or local
educational agency shall use funds received under this subpart
only to supplement the level of non-Federal funds that, in the
absence of funds under this subpart, would be expended for
activities authorized under this subpart, and not to supplant
those non-Federal funds.
[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.
[(a) Applications.--
[(1) In general.--A State educational agency that
desires to receive a grant under section 1202 shall
submit an application to the Secretary at such time and
in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
[(2) Special application provisions.--For those
State educational agencies that have received a grant
under part C of title II (as such part was in effect on
the day before the date of enactment of the No Child
Left Behind Act of 2001), the Secretary shall establish
a modified set of requirements for an application under
this section that takes into account the information
already submitted and approved under that program and
minimizes the duplication of effort on the part of such
State educational agencies.
[(b) Contents.--An application under this section shall
contain the following:
[(1) An assurance that the Governor of the State,
in consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
[(A) coordinated the development of the
application; and
[(B) will assist in the oversight and
evaluation of the State educational agency's
activities under this subpart.
[(2) A description, if applicable, of the State's
strategy to expand, continue, or modify activities
authorized under part C of title II (as such part was
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001).
[(3) An assurance that the State educational
agency, and any local educational agencies receiving a
subgrant from that State educational agency under
section 1202, will, if requested, participate in the
external evaluation under section 1205.
[(4) A State educational agency plan containing a
description of the following:
[(A) How the State educational agency will
assist local educational agencies in
identifying screening, diagnostic, and
classroom-based instructional reading
assessments.
[(B) How the State educational agency will
assist local educational agencies in
identifying instructional materials, programs,
strategies, and approaches, based on
scientifically based reading research,
including early intervention and reading
remediation materials, programs, and
approaches.
[(C) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided
under section 1202 are--
[(i) coordinated with other
Federal, State, and local level funds,
and used effectively to improve
instructional practices for reading;
and
[(ii) based on scientifically based
reading research.
[(D) How the activities assisted under
section 1202 will address the needs of teachers
and other instructional staff in implementing
the essential components of reading
instruction.
[(E) How subgrants made by the State
educational agency under section 1202 will meet
the requirements of section 1202, including how
the State educational agency will ensure that
eligible local educational agencies receiving
subgrants under section 1202 will use practices
based on scientifically based reading research.
[(F) How the State educational agency will,
to the extent practicable, make grants to
eligible local educational agencies in both
rural and urban areas.
[(G) How the State educational agency will
build on, and promote coordination among
literacy programs in the State (including
federally funded programs such as programs
under the Adult Education and Family Literacy
Act, the Individuals with Disabilities
Education Act, and subpart 2), to increase the
effectiveness of the programs in improving
reading for adults and children and to avoid
duplication of the efforts of the program.
[(H) How the State educational agency will
assess and evaluate, on a regular basis,
eligible local educational agency activities
assisted under section 1202, with respect to
whether the activities have been effective in
achieving the purposes of section 1202.
[(I) Any other information that the
Secretary may reasonably require.
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only if such application meets the requirements
of this section.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) three individuals selected by
the Secretary;
[(ii) three individuals selected by
the National Institute for Literacy;
[(iii) three individuals selected
by the National Research Council of the
National Academy of Sciences; and
[(iv) three individuals selected by
the Eunice Kennedy Shriver National
Institute of Child Health and Human
Development.
[(B) Experts.--The panel shall include--
[(i) experts who are competent, by
virtue of their training, expertise, or
experience, to evaluate applications
under this section;
[(ii) experts who provide
professional development to individuals
who teach reading to children and
adults based on scientifically based
reading research;
[(iii) experts who provide
professional development to other
instructional staff based on
scientifically based reading research;
and
[(iv) an individual who has
expertise in screening, diagnostic, and
classroom-based instructional reading
assessments.
[(C) Recommendations.--The panel shall
recommend grant applications from State
educational agencies under this section to the
Secretary for funding or for disapproval.
[(d) Reading and Literacy Partnerships.--
[(1) In general.--For a State educational agency to
receive a grant under section 1202, the Governor of the
State, in consultation with the State educational
agency, shall establish a reading and literacy
partnership.
[(2) Required participants.--The reading and
literacy partnership shall include the following
participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one eligible local
educational agency.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component, selected jointly by the Governor and
the chief State school officer.
[(G) A parent of a public or private school
student or a parent who educates the parent's
child in the parent's home, selected jointly by
the Governor and the chief State school
officer.
[(H) A teacher, who may be a special
education teacher, who successfully teaches
reading, and another instructional staff
member, selected jointly by the Governor and
the chief State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
State school officer.
[(3) Optional participants.--The reading and
literacy partnership may include additional
participants, who shall be selected jointly by the
Governor and the chief State school officer, and who
may include a representative of--
[(A) an institution of higher education
operating a program of teacher preparation in
the State that is based on scientifically based
reading research;
[(B) a local educational agency;
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(4) Preexisting partnership.--If, before the date
of enactment of the No Child Left Behind Act of 2001, a
State educational agency established a consortium,
partnership, or any other similar body that was
considered a reading and literacy partnership for
purposes of part C of title II of this Act (as such
part was in effect on the day before the date of
enactment of No Child Left Behind Act of 2001), that
consortium, partnership, or body may be considered a
reading and literacy partnership for purposes of this
subsection consistent with the provisions of this
subpart.
[SEC. 1204. TARGETED ASSISTANCE GRANTS.
[(a) Eligibility Criteria for Awarding Targeted Assistance
Grants to States.--Beginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall
make grants, on a competitive basis, to those State educational
agencies that--
[(1) for each of 2 consecutive years, demonstrate
that an increasing percentage of third graders in each
of the groups described in section 1111(b)(2)(C)(v)(II)
in the schools served by the local educational agencies
receiving funds under section 1202 are reaching the
proficient level in reading; and
[(2) for each of the same such consecutive 2 years,
demonstrate that schools receiving funds under section
1202 are improving the reading skills of students in
grades 1, 2, and 3 based on screening, diagnostic, and
classroom-based instructional reading assessments.
[(b) Continuation of Performance Awards.--For any State
educational agency that receives a competitive grant under this
section, the Secretary shall make an award for each of the
succeeding years that the State educational agency demonstrates
it is continuing to meet the criteria described in subsection
(a).
[(c) Distribution of Targeted Assistance Grants.--
[(1) In general.--The Secretary shall make a grant
to each State educational agency with an application
approved under this section in an amount that bears the
same relation to the amount made available to carry out
this section for a fiscal year as the number of
children counted under section 1124(c) for the State
bears to the number of such children so counted for all
States with applications approved for that year.
[(2) Peer review.--The peer review panel convened
under section 1203(c)(2) shall review the applications
submitted under this subsection. The panel shall
recommend such applications to the Secretary for
funding or for disapproval.
[(3) Application contents.--A State educational
agency that desires to receive a grant under this
section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may require. Each such
application shall include the following:
[(A) Evidence that the State educational
agency has carried out its obligations under
section 1203.
[(B) Evidence that the State educational
agency has met the criteria described in
subsection (a).
[(C) The amount of funds requested by the
State educational agency and a description of
the criteria the State educational agency
intends to use in distributing subgrants to
eligible local educational agencies under this
section to continue or expand activities under
subsection (d)(5).
[(D) Evidence that the State educational
agency has increased significantly the
percentage of students reading at grade level
or above.
[(E) Any additional evidence that
demonstrates success in the implementation of
this section.
[(d) Subgrants to Eligible Local Educational Agencies.--
[(1) In general.--The Secretary may make a grant to
a State educational agency under this section only if
the State educational agency agrees to expend 100
percent of the amount of the funds provided under the
grant for the purpose of making competitive subgrants
in accordance with this subsection to eligible local
educational agencies.
[(2) Notice.--A State educational agency receiving
a grant under this section shall provide notice to all
local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(3) Application.--To be eligible to receive a
subgrant under this subsection, an eligible local
educational agency 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 reasonably require.
[(4) Distribution.--
[(A) In general.--A State educational
agency shall distribute subgrants under this
section through a competitive process based on
relative need of eligible local educational
agencies and the evidence described in this
paragraph.
[(B) Evidence used in all years.--For all
fiscal years, a State educational agency shall
distribute subgrants under this section based
on evidence that an eligible local educational
agency--
[(i) satisfies the requirements of
section 1202(c)(4);
[(ii) will carry out its
obligations under this subpart;
[(iii) will work with other local
educational agencies in the State that
have not received a subgrant under this
subsection to assist such nonreceiving
agencies in increasing the reading
achievement of students; and
[(iv) is meeting the criteria
described in subsection (a).
[(5) Local uses of funds.--An eligible local
educational agency that receives a subgrant under this
subsection--
[(A) shall use the funds provided under the
subgrant to carry out the activities described
in section 1202(c)(7)(A); and
[(B) may use such funds to carry out the
activities described in section 1202(c)(7)(B).
[SEC. 1205. EXTERNAL EVALUATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(C), the Secretary shall contract with an independent
organization outside of the Department for a 5-year, rigorous,
scientifically valid, quantitative evaluation of this subpart.
[(b) Process.--The evaluation under subsection (a) shall be
conducted by an organization that is capable of designing and
carrying out an independent evaluation that identifies the
effects of specific activities carried out by State educational
agencies and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall take into
account factors influencing student performance that are not
controlled by teachers or education administrators.
[(c) Analysis.--The evaluation under subsection (a) shall
include the following:
[(1) An analysis of the relationship between each
of the essential components of reading instruction and
overall reading proficiency.
[(2) An analysis of whether assessment tools used
by State educational agencies and local educational
agencies measure the essential components of reading.
[(3) An analysis of how State reading standards
correlate with the essential components of reading
instruction.
[(4) An analysis of whether the receipt of a
targeted assistance grant under section 1204 results in
an increase in the number of children who read
proficiently.
[(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
[(6) A measurement of the extent to which specific
screening, diagnostic, and classroom-based
instructional reading assessments assist teachers in
identifying specific reading deficiencies.
[(7) A measurement of the extent to which
professional development programs implemented by State
educational agencies using funds received under this
subpart improve reading instruction.
[(8) A measurement of how well students preparing
to enter the teaching profession are prepared to teach
the essential components of reading instruction.
[(9) An analysis of changes in students' interest
in reading and time spent reading outside of school.
[(10) Any other analysis or measurement pertinent
to this subpart that is determined to be appropriate by
the Secretary.
[(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to State
educational agencies and local educational agencies on a
periodic basis for use in program improvement.
[SEC. 1206. NATIONAL ACTIVITIES.
[From funds reserved under section 1202(b)(1)(C), the
Secretary--
[(1) may provide technical assistance in achieving
the purposes of this subpart to State educational
agencies, local educational agencies, and schools
requesting such assistance;
[(2) shall, at a minimum, evaluate the impact of
services provided to children under this subpart with
respect to their referral to, and eligibility for,
special education services under the Individuals with
Disabilities Education Act (based on their difficulties
learning to read); and
(3) shall carry out the external evaluation as
described in section 1205.
[SEC. 1207. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(D), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary of
Health and Human Services, and the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development shall--
[(1) disseminate information on scientifically
based reading research pertaining to children, youth,
and adults;
[(2) identify and disseminate information about
schools, local educational agencies, and State
educational agencies that have effectively developed
and implemented classroom reading programs that meet
the requirements of this subpart, including those State
educational agencies, local educational agencies, and
schools that have been identified as effective through
the evaluation and peer review provisions of this
subpart; and
[(3) support the continued identification and
dissemination of information on reading programs that
contain the essential components of reading instruction
as supported by scientifically based reading research,
that can lead to improved reading outcomes for
children, youth, and adults.
[(b) Dissemination and Coordination.--At a minimum, the
National Institute for Literacy shall disseminate the
information described in subsection (a) to--
[(1) recipients of Federal financial assistance
under this title, title III, the Head Start Act, the
Individuals with Disabilities Education Act, and the
Adult Education and Family Literacy Act; and
[(2) each Bureau funded school (as defined in
section 1141 of the Education Amendments of 1978).
[(c) Use of Existing Networks.--In carrying out this
section, the National Institute for Literacy shall, to the
extent practicable, use existing information and dissemination
networks developed and maintained through other public and
private entities including through the Department and the
National Center for Family Literacy.
[(d) National Institute for Literacy.--For purposes of
funds reserved under section 1202(b)(1)(D) to carry out this
section, the National Institute for Literacy shall administer
such funds in accordance with section 242(b) of Public Law 105-
220 (relating to the establishment and administration of the
National Institute for Literacy).
[SEC. 1208. DEFINITIONS.
In this subpart:
[(1) Eligible local educational agency.--The term
``eligible local educational agency'' means a local
educational agency that--
[(A) is among the local educational
agencies in the State with the highest numbers
or percentages of students in kindergarten
through grade 3 reading below grade level,
based on the most currently available data; and
[(B) has--
[(i) jurisdiction over a geographic
area that includes an area designated
as an empowerment zone, or an
enterprise community, under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986;
[(ii) jurisdiction over a
significant number or percentage of
schools that are identified for school
improvement under section 1116(b); or
[(iii) the highest numbers or
percentages of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State.
[(2) Eligible professional development provider.--
The term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers, including special education
teachers, that is based on scientifically based reading
research.
[(3) Essential components of reading instruction.--
The term ``essential components of reading
instruction'' means explicit and systematic instruction
in--
[(A) phonemic awareness;
[(B) phonics;
[(C) vocabulary development;
[(D) reading fluency, including oral
reading skills; and
[(E) reading comprehension strategies.
[(4) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(5) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar
words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(6) Scientifically based reading research.--The
term ``scientifically based reading research'' means
research that--
[(A) applies rigorous, systematic, and
objective procedures to obtain valid knowledge
relevant to reading development, reading
instruction, and reading difficulties; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data
analyses that are adequate to test the
stated hypotheses and justify the
general conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(7) Screening, diagnostic, and classroom-based
instructional reading assessments.--
[(A) In general.--The term ``screening,
diagnostic, and classroom-based instructional
reading assessments'' means--
[(i) screening reading assessments;
[(ii) diagnostic reading
assessments; and
[(iii) classroom-based
instructional reading assessments.
[(B) Screening reading assessment.--The
term ``screening reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) a brief 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 their need
for special services or additional
reading instruction.
[(C) Diagnostic reading assessment.--The
term ``diagnostic reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) used for the purpose of--
[(I) identifying a child's
specific areas of strengths and
weaknesses so that the child
has learned to read by the end
of grade 3;
[(II) determining any
difficulties that a child may
have in learning to read and
the potential cause of such
difficulties; and
[(III) helping to determine
possible reading intervention
strategies and related special
needs.
[(D) Classroom-based instructional reading
assessment.--The term ``classroom-based
instructional reading assessment'' means an
assessment that--
[(i) evaluates children's learning
based on systematic observations by
teachers of children performing
academic tasks that are part of their
daily classroom experience; and
[(ii) is used to improve
instruction in reading, including
classroom instruction.
[Subpart 2--Early Reading First
[SEC. 1221. PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this subpart are as
follows:
[(1) To support local efforts to enhance the early
language, literacy, and prereading development of
preschool age children, particularly those from low-
income families, through strategies and professional
development that are based on scientifically based
reading research.
[(2) To provide preschool age children with
cognitive learning opportunities in high-quality
language and literature-rich environments, so that the
children can attain the fundamental knowledge and
skills necessary for optimal reading development in
kindergarten and beyond.
[(3) To demonstrate language and literacy
activities based on scientifically based reading
research that supports the age-appropriate development
of--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet;
[(B) knowledge of letter sounds, the
blending of sounds, and the use of increasingly
complex vocabulary;
[(C) an understanding that written language
is composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(D) spoken language, including vocabulary
and oral comprehension abilities; and
[(E) knowledge of the purposes and
conventions of print.
[(4) To use screening assessments to effectively
identify preschool age children who may be at risk for
reading failure.
[(5) To integrate such scientific reading research-
based instructional materials and literacy activities
with existing programs of preschools, child care
agencies and programs, Head Start centers, and family
literacy services.
[(b) Definitions.--For purposes of this subpart:
[(1) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) one or more local educational agencies
that are eligible to receive a subgrant under
subpart 1;
[(B) one or more public or private
organizations or agencies, acting on behalf of
one or more programs that serve preschool age
children (such as a program at a Head Start
center, a child care program, or a family
literacy program), which organizations or
agencies shall be located in a community served
by a local educational agency described in
subparagraph (A); or
[(C) one or more local educational agencies
described in subparagraph (A) in collaboration
with one or more organizations or agencies
described in subparagraph (B).
[(2) Scientifically based reading research.--The
term ``scientifically based reading research'' has the
same meaning given to that term in section 1208.
[(3) Screening reading assessment.--The term
``screening reading assessment'' has the same meaning
given to that term in section 1208.
[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
[(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a
competitive basis, for periods of not more than 6 years, to
eligible applicants to enable the eligible applicants to carry
out the authorized activities described in subsection (d).
[(b) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary, which shall include a description of--
[(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the preschool age children enrolled in
the programs;
[(2) how the proposed project will enhance the
school readiness of preschool age children in high-
quality oral language and literature-rich environments;
[(3) how the proposed project will prepare and
provide ongoing assistance to staff in the programs,
through professional development and other support, to
provide high-quality language, literacy, and prereading
activities using scientifically based reading research,
for preschool age children;
[(4) how the proposed project will provide services
and use instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
[(5) how the proposed project will help staff in
the programs to meet more effectively the diverse needs
of preschool age children in the community, including
such children with limited English proficiency,
disabilities, or other special needs;
[(6) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
[(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
[(8) if the eligible applicant has received a
subgrant under subpart 1, how the activities conducted
under this subpart will be coordinated with the
eligible applicant's activities under subpart 1 at the
kindergarten through grade 3 level;
[(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language, literacy, and
prereading development of preschool age children served
by the project; and
[(10) such other information as the Secretary may
require.
[(c) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of a peer
review panel convened under section 1203(c)(2), that includes,
at a minimum, three individuals, selected from the entities
described in clauses (ii), (iii), and (iv) of section
1203(c)(2)(A), who are experts in early reading development and
early childhood development.
[(d) Authorized Activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
[(1) Providing preschool age children with high-
quality oral language and literature-rich environments
in which to acquire language and prereading skills.
[(2) Providing professional development that is
based on scientifically based reading research
knowledge of early language and reading development for
the staff of the eligible applicant and that will
assist in developing the preschool age children's--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet,
knowledge of letters, sounds, blending of
letter sounds, and increasingly complex
vocabulary;
[(B) understanding that written language is
composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(C) spoken language, including vocabulary
and oral comprehension abilities; and
[(D) knowledge of the purposes and
conventions of print.
[(3) Identifying and providing activities and
instructional materials that are based on
scientifically based reading research for use in
developing the skills and abilities described in
paragraph (2).
[(4) Acquiring, providing training for, and
implementing screening reading assessments or other
appropriate measures that are based on scientifically
based reading research to determine whether preschool
age children are developing the skills described in
this subsection.
[(5) Integrating such instructional materials,
activities, tools, and measures into the programs
offered by the eligible applicant.
[(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
[SEC. 1223. FEDERAL ADMINISTRATION.
[The Secretary shall consult with the Secretary of Health
and Human Services to coordinate the activities under this
subpart with preschool age programs administered by the
Department of Health and Human Services.
[SEC. 1224. INFORMATION DISSEMINATION.
[From the funds the National Institute for Literacy
receives under section 1202(b)(1)(D), the National Institute
for Literacy, in consultation with the Secretary, shall
disseminate information regarding projects assisted under this
subpart that have proven effective.
[SEC. 1225. REPORTING REQUIREMENTS.
[Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart. Such report shall include, at a minimum, a
description of--
[(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
[(2) the types of programs funded under the grant
and the ages of children served by such programs;
[(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
[(4) the results of the evaluation described in
section 1222(b)(9).
[SEC. 1226. EVALUATION.
[(a) In General.--From the total amount made available
under section 1002(b)(2) for the period beginning October 1,
2002, and ending September 30, 2006, the Secretary shall
reserve not more than $3,000,000 to conduct an independent
evaluation of the effectiveness of this subpart.
[(b) Reports.--
[(1) Interim report.--Not later than October 1,
2004, the Secretary shall submit an interim report 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.
[(2) Final report.--Not later than September 30,
2006, the Secretary shall submit a final report to the
committees described in paragraph (1).
[(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
[(1) How the grant recipients under this subpart
are improving the prereading skills of preschool
children.
[(2) The effectiveness of the professional
development program assisted under this subpart.
[(3) How early childhood teachers are being
prepared with scientifically based reading research on
early reading development.
[(4) What activities and instructional practices
are most effective.
[(5) How prereading instructional materials and
literacy activities based on scientifically based
reading research are being integrated into preschools,
child care agencies and programs, programs carried out
under the Head Start Act, and family literacy programs.
[(6) Any recommendations on strengthening or
modifying this subpart.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs]
[SEC. 1231. STATEMENT OF PURPOSE.
[It is the purpose of this subpart to help break the cycle
of poverty and illiteracy by--
[(1) improving the educational opportunities of the
Nation's low-income families by integrating early
childhood education, adult literacy or adult basic
education, and parenting education into a unified
family literacy program, to be referred to as ``Even
Start''; and
[(2) establishing a program that shall--
[(A) be implemented through cooperative
projects that build on high-quality existing
community resources to create a new range of
services;
[(B) promote the academic achievement of
children and adults;
[(C) assist children and adults from low-
income families to achieve to challenging State
content standards and challenging State student
achievement standards; and
[(D) use instructional programs based on
scientifically based reading research and
addressing the prevention of reading
difficulties for children and adults, to the
extent such research is available.
[SEC. 1232. PROGRAM AUTHORIZED.
[(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
[(1) In general.--For each fiscal year, the
Secretary shall reserve 5 percent of the amount
appropriated under section 1002(b)(3) (or, if such
appropriated amount exceeds $200,000,000, 6 percent of
such amount) for programs, under such terms and
conditions as the Secretary shall establish, that are
consistent with the purpose of this subpart, and
according to their relative needs, for--
[(A) children of migratory workers;
[(B) the outlying areas; and
[(C) Indian tribes and tribal
organizations.
[(2) Special rule.--After December 21, 2000, the
Secretary shall award a grant, on a competitive basis,
of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and
their preschool age children and that has the
capability of developing a program of high quality.
[(3) Coordination of programs for american
indians.--The Secretary shall ensure that programs
under paragraph (1)(C) are coordinated with family
literacy programs operated by the Bureau of Indian
Affairs in order to avoid duplication and to encourage
the dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--
[(1) Evaluation, technical assistance, program
improvement, and replication activities.--Subject to
paragraph (2), from amounts appropriated under section
1002(b)(3), the Secretary may reserve not more than 3
percent of such amounts for purposes of--
[(A) carrying out the evaluation required
by section 1239; and
[(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
[(2) Research.--In any fiscal year, if the amount
appropriated under section 1002(b)(3) for such year--
[(A) is equal to or less than the amount
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multi-year
activities carried out pursuant to section
1241(b) that began during or prior to the
fiscal year preceding the fiscal year for which
the determination is made; or
[(B) exceeds the amount appropriated for
the preceding fiscal year, then the Secretary
shall reserve from such excess amount
$2,000,000 or 50 percent, whichever is less, to
carry out section 1241(b).
[(c) Reservation for Grants.--
[(1) Grants authorized.--
[(A) In general.--For any fiscal year for
which at least one State educational agency
applies and submits an application that meets
the requirements and goals of this subsection
and for which the amount appropriated under
section 1002(b)(3) exceeds the amount
appropriated under that section for the
preceding fiscal year, the Secretary shall
reserve, from the amount of the excess
remaining after the application of subsection
(b)(2), the amount of the remainder or
$1,000,000, whichever is less, to award grants,
on a competitive basis, to State educational
agencies to enable them to plan and implement
statewide family literacy initiatives to
coordinate and, where appropriate, integrate
existing Federal, State, and local literacy
resources consistent with the purposes of this
subpart.
[(B) Coordination and integration.--The
coordination and integration described in
subparagraph (A) shall include coordination and
integration of funds available under the Adult
Education and Family Literacy Act, the Head
Start Act, this subpart, part A of this title,
and part A of title IV of the Social Security
Act.
[(C) Restriction.--No State educational
agency may receive more than one grant under
this subsection.
[(2) Consortia.--
[(A) Establishment.--To receive a grant
under this subsection, a State educational
agency shall establish a consortium of State-
level programs under the following provisions
of laws:
[(i) This title (other than part
D).
[(ii) The Head Start Act.
[(iii) The Adult Education and
Family Literacy Act.
[(iv) All other State-funded
preschool programs and programs
providing literacy services to adults.
[(B) Plan.--To receive a grant under this
subsection, the consortium established by a
State educational agency shall create a plan to
use a portion of the State educational agency's
resources, derived from the programs referred
to in subparagraph (A), to strengthen and
expand family literacy services in the State.
[(C) Coordination with subpart 1.--The
consortium shall coordinate its activities
under this paragraph with the activities of the
reading and literacy partnership for the State
educational agency established under section
1203(d), if the State educational agency
receives a grant under section 1202.
[(3) Reading instruction.--Statewide family
literacy initiatives implemented under this subsection
shall base reading instruction on scientifically based
reading research.
[(4) Technical assistance.--The Secretary shall
provide, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to State educational agencies
receiving a grant under this subsection.
[(5) Matching requirement.--The Secretary shall not
make a grant to a State educational agency under this
subsection unless the State educational agency agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for
which the grant was awarded, the State educational
agency will make available non-Federal contributions in
an amount equal to not less than the Federal funds
provided under the grant.
[(d) State Educational Agency Allocation.--
[(1) In general.--From amounts appropriated under
section 1002(b)(3) and not reserved under subsection
(a), (b), or (c), the Secretary shall make grants to
State educational agencies from allocations under
paragraph (2).
[(2) Allocations.--Except as provided in paragraph
(3), from the total amount available under paragraph
(1) for allocation to State educational agencies in any
fiscal year, each State educational agency shall be
eligible to receive a grant under paragraph (1) in an
amount that bears the same ratio to the total amount as
the amount allocated under part A to that State
educational agency bears to the total amount allocated
under that part to all State educational agencies.
[(3) Minimum.--No State educational agency shall
receive a grant under paragraph (1) in any fiscal year
in an amount that is less than $250,000, or one-half of
1 percent of the amount appropriated under section
1002(b)(3) and not reserved under subsections (a), (b),
and (c) for such year, whichever is greater.
[(e) Definitions.--For the purpose of this subpart--
[(1) the term ``eligible entity'' means a
partnership composed of--
[(A) a local educational agency; and
[(B) a nonprofit community-based
organization, a public agency other than a
local educational agency, an institution of
higher education, or a public or private
nonprofit organization other than a local
educational agency, of demonstrated quality;
[(2) the term ``eligible organization'' means any
public or private nonprofit organization with a record
of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
[(3) the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given those terms in
section 4 of the Indian Self-Determination and
Education Assistance Act;
[(4) the term ``scientifically based reading
research'' has the meaning given that term in section
1208; and
[(5) the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.
[(a) State Educational Agency Level Activities.--Each State
educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of--
[(1) administration, which amount shall not exceed
half of the total;
[(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
[(3) carrying out sections 1240 and 1234(c).
[(b) Subgrants for Local Programs.--
[(1) In general.--Each State educational agency
shall use the grant funds received under section
1232(d)(1) and not reserved under subsection (a) to
award subgrants to eligible entities to carry out Even
Start programs.
[(2) Minimum subgrant amounts.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), no State educational
agency shall award a subgrant under paragraph
(1) in an amount less than $75,000.
[(B) Subgrantees in ninth and succeeding
years.--No State educational agency shall award
a subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program
that is receiving assistance under this subpart
or its predecessor authority for the ninth (or
any subsequent) fiscal year.
[(C) Exception for single subgrant.--A
State educational agency may award one subgrant
in each fiscal year of sufficient size, scope,
and quality to be effective in an amount less
than $75,000 if, after awarding subgrants under
paragraph (1) for that fiscal year in
accordance with subparagraphs (A) and (B), less
than $75,000 is available to the State
educational agency to award those subgrants.
[SEC. 1234. USES OF FUNDS.
[(a) In General.--In carrying out an Even Start program
under this subpart, a recipient of funds under this subpart
shall use those funds to pay the Federal share of the cost of
providing intensive family literacy services that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in the
education of their children and to assist children in reaching
their full potential as learners.
[(b) Federal Share Limitation.--
[(1) In general.--
[(A) Federal share.--Except as provided in
paragraph (2), the Federal share under this
subpart may not exceed--
[(i) 90 percent of the total cost
of the program in the first year that
the program receives assistance under
this subpart or its predecessor
authority;
[(ii) 80 percent in the second
year;
[(iii) 70 percent in the third
year;
[(iv) 60 percent in the fourth
year;
[(v) 50 percent in the fifth,
sixth, seventh, and eighth such years;
and
[(vi) 35 percent in any subsequent
year.
[(B) Remaining cost.--The remaining cost of
a program assisted under this subpart may be
provided in cash or in kind, fairly evaluated,
and may be obtained from any source, including
other Federal funds under this Act.
[(2) Waiver.--The State educational agency may
waive, in whole or in part, the Federal share described
in paragraph (1) for an eligible entity if the entity--
[(A) demonstrates that it otherwise would
not be able to participate in the program
assisted under this subpart; and
[(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
[(3) Prohibition.--Federal funds provided under
this subpart may not be used for the indirect costs of
a program assisted under this subpart, except that the
Secretary may waive this paragraph if an eligible
recipient of funds reserved under section 1232(a)(1)(C)
demonstrates to the Secretary's satisfaction that the
recipient otherwise would not be able to participate in
the program assisted under this subpart.
[(c) Use of Funds for Family Literacy Services.--
[(1) In general.--A State educational agency may
use a portion of funds reserved under section 1233(a),
to assist eligible entities receiving a subgrant under
section 1233(b) in improving the quality of family
literacy services provided under Even Start programs
under this subpart, except that in no case may a State
educational agency's use of funds for this purpose for
a fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
[(2) Priority.--In carrying out paragraph (1), a
State educational agency shall give priority to
programs that were of low quality, as evaluated based
on the indicators of program quality developed by the
State educational agency under section 1240.
[(3) Technical assistance to help local programs
raise additional funds.--In carrying out paragraph (1),
a State educational agency may use the funds referred
to in that paragraph to provide technical assistance to
help local programs of demonstrated effectiveness to
access and leverage additional funds for the purpose of
expanding services and reducing waiting lists,
including requesting and applying for non-Federal
resources.
[(4) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State
educational agency through a grant, contract, or
cooperative agreement with an entity that has
experience in offering high-quality training and
technical assistance to family literacy providers.
[SEC. 1235. PROGRAM ELEMENTS.
[Each program assisted under this subpart shall--
[(1) include the identification and recruitment of
families most in need of services provided under this
subpart, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-
related indicators;
[(2) include screening and preparation of parents,
including teenage parents, and children to enable those
parents and children to participate fully in the
activities and services provided under this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
[(3) be designed to accommodate the participants'
work schedule and other responsibilities, including the
provision of support services, when those services are
unavailable from other sources, necessary for
participation in the activities assisted under this
subpart, such as--
[(A) scheduling and locating of services to
allow joint participation by parents and
children;
[(B) child care for the period that parents
are involved in the program provided under this
subpart; and
[(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
subpart;
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;
[(5) with respect to the qualifications of staff
the cost of whose salaries are paid, in whole or in
part, with Federal funds provided under this subpart,
ensure that--
[(A) not later than December 21, 2004--
[(i) a majority of the individuals
providing academic instruction--
[(I) shall have obtained an
associate's, bachelor's, or
graduate degree in a field
related to early childhood
education, elementary school or
secondary school education, or
adult education; and
[(II) if applicable, shall
meet qualifications established
by the State for early
childhood education, elementary
school or secondary school
education, or adult education
provided as part of an Even
Start program or another family
literacy program;
[(ii) the individual responsible
for administration of family literacy
services under this subpart has
received training in the operation of a
family literacy program; and
[(iii) paraprofessionals who
provide support for academic
instruction have a secondary school
diploma or its recognized equivalent;
and
[(B) all new personnel hired to provide
academic instruction--
[(i) have obtained an associate's,
bachelor's, or graduate degree in a
field related to early childhood
education, elementary school or
secondary school education, or adult
education; and
[(ii) if applicable, meet
qualifications established by the State
for early childhood education,
elementary school or secondary school
education, or adult education provided
as part of an Even Start program or
another family literacy program;
[(6) include special training of staff, including
child-care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this subpart;
[(7) provide and monitor integrated instructional
services to participating parents and children through
home-based programs;
[(8) operate on a year-round basis, including the
provision of some program services, including
instructional and enrichment services, during the
summer months;
[(9) be coordinated with--
[(A) other programs assisted under this
Act;
[(B) any relevant programs under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and title I of the Workforce Investment Act of
1998; and
[(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
[(10) use instructional programs based on
scientifically based reading research for children and
adults, to the extent that research is available;
[(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
[(12) include reading-readiness activities for
preschool children based on scientifically based
reading research, to the extent available, to ensure
that children enter school ready to learn to read;
[(13) if applicable, promote the continuity of
family literacy to ensure that individuals retain and
improve their educational outcomes;
[(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this subpart; and
[(15) provide for an independent evaluation of the
program, to be used for program improvement.
[SEC. 1236. ELIGIBLE PARTICIPANTS.
[(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
[(1) a parent or parents--
[(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
[(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this subpart, or who are
attending secondary school; and
[(2) the child or children, from birth through age
7, of any individual described in paragraph (1).
[(b) Eligibility for Certain Other Participants.--
[(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this subpart, when appropriate to serve the purpose of
this subpart.
[(2) Special rule.--Any family participating in a
program assisted under this subpart that becomes
ineligible to participate as a result of one or more
members of the family becoming ineligible to
participate may continue to participate in the program
until all members of the family become ineligible to
participate, which--
[(A) in the case of a family in which
ineligibility was due to the child or children
of the family attaining the age of 8, shall be
in 2 years or when the parent or parents become
ineligible due to educational advancement,
whichever occurs first; and
[(B) in the case of a family in which
ineligibility was due to the educational
advancement of the parent or parents of the
family, shall be when all children in the
family attain the age of 8.
[(3) Children 8 years of age or older.--If an Even
Start program assisted under this subpart collaborates
with a program under part A, and funds received under
the part A program contribute to paying the cost of
providing programs under this subpart to children 8
years of age or older, the Even Start program may,
notwithstanding subsection (a)(2), permit the
participation of children 8 years of age or older if
the focus of the program continues to remain on
families with young children.
[SEC. 1237. APPLICATIONS.
[(a) Submission.--To be eligible to receive a subgrant
under this subpart, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
[(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
[(1) to develop, administer, and implement an Even
Start program under this subpart; and
[(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
[(c) Plan.--
[(1) In general.--The application shall also
include a plan of operation and continuous improvement
for the program, that includes--
[(A) a description of the program
objectives, strategies to meet those
objectives, and how those strategies and
objectives are consistent with the program
indicators established by the State;
[(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section 1235;
[(C) a description of the population to be
served and an estimate of the number of
participants to be served;
[(D) as appropriate, a description of the
applicant's collaborative efforts with
institutions of higher education, community-
based organizations, the State educational
agency, private elementary schools, or other
eligible organizations in carrying out the
program for which assistance is sought;
[(E) a statement of the methods that will
be used--
[(i) to ensure that the programs
will serve families most in need of the
activities and services provided by
this subpart;
[(ii) to provide services under
this subpart to individuals with
special needs, such as individuals with
limited English proficiency and
individuals with disabilities; and
[(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
[(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate; and
[(G) a description of how the plan provides
for rigorous and objective evaluation of
progress toward the program objectives
described in subparagraph (A) and for
continuing use of evaluation data for program
improvement.
[(2) Duration of the plan.--Each plan submitted
under paragraph (1) shall--
[(A) remain in effect for the duration of
the eligible entity's participation under this
subpart; and
[(B) be periodically reviewed and revised
by the eligible entity as necessary.
[(d) Consolidated Application.--The plan described in
subsection (c)(1) may be submitted as part of a consolidated
application under section 9305.
[SEC. 1238. AWARD OF SUBGRANTS.
[(a) Selection Process.--
[(1) In general.--The State educational agency
shall establish a review panel in accordance with
paragraph (3) that will approve applications that--
[(A) are most likely to be successful in--
[(i) meeting the purpose of this
subpart; and
[(ii) effectively implementing the
program elements required under section
1235;
[(B) demonstrate that the area to be served
by the program has a high percentage or a large
number of children and families who are in need
of those services as indicated by high levels
of poverty, illiteracy, unemployment, limited
English proficiency, or other need-related
indicators, such as a high percentage of
children to be served by the program who reside
in a school attendance area served by a local
educational agency eligible for participation
in programs under part A, a high number or
percentage of parents who have been victims of
domestic violence, or a high number or
percentage of parents who are receiving
assistance under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
[(C) provide services for at least a 3-year
age range, which may begin at birth;
[(D) demonstrate the greatest possible
cooperation and coordination between a variety
of relevant service providers in all phases of
the program;
[(E) include cost-effective budgets, given
the scope of the application;
[(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section 1234(b);
[(G) are representative of urban and rural
regions of the State; and
[(H) show the greatest promise for
providing models that may be adopted by other
family literacy projects and other local
educational agencies.
[(2) Priority for subgrants.--The State educational
agency shall give priority for subgrants under this
subsection to applications that--
[(A) target services primarily to families
described in paragraph (1)(B); or
[(B) are located in areas designated as
empowerment zones or enterprise communities.
[(3) Review panel.--A review panel shall consist of
at least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs,
and may include other individuals, such as one or more
of the following:
[(A) A representative of a parent-child
education organization.
[(B) A representative of a community-based
literacy organization.
[(C) A member of a local board of
education.
[(D) A representative of business and
industry with a commitment to education.
[(E) An individual who has been involved in
the implementation of programs under this title
in the State.
[(b) Duration.--
[(1) In general.--Subgrants under this subpart may
be awarded for a period not to exceed 4 years.
[(2) Startup period.--The State educational agency
may provide subgrant funds to an eligible recipient, at
the recipient's request, for a 3- to 6-month start-up
period during the first year of the 4-year grant
period, which may include staff recruitment and
training, and the coordination of services, before
requiring full implementation of the program.
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this subpart after
the first year, the State educational agency shall
review the progress of each eligible entity in meeting
the objectives of the program referred to in section
1237(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1240.
[(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds to an
eligible entity if the agency finds that the eligible
entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of
program quality developed by the State under section
1240, after--
[(A) providing technical assistance to the
eligible entity; and
[(B) affording the eligible entity notice
and an opportunity for a hearing.
[(5) Grant renewal.--(A) An eligible entity that
has previously received a subgrant under this subpart
may reapply under this subpart for additional
subgrants.
[(B) The Federal share of any subgrant renewed
under subparagraph (A) shall be limited in accordance
with section 1234(b).
[SEC. 1239. EVALUATION.
[From funds reserved under section 1232(b)(1), the
Secretary shall provide for an independent evaluation of
programs assisted under this subpart--
[(1) to determine the performance and effectiveness
of programs assisted under this subpart;
[(2) to identify effective Even Start programs
assisted under this subpart that can be duplicated and
used in providing technical assistance to Federal,
State, and local programs; and
[(3) to provide State educational agencies and
eligible entities receiving a subgrant under this
subpart, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate
information on the effectiveness of programs assisted
under this subpart.
[SEC. 1240. INDICATORS OF PROGRAM QUALITY.
[Each State educational agency receiving funds under this
subpart shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under this subpart. The indicators shall be used to
monitor, evaluate, and improve those programs within the State.
The indicators shall include the following:
[(1) With respect to eligible participants in a
program who are adults--
[(A) achievement in the areas of reading,
writing, English-language acquisition, problem
solving, and numeracy;
[(B) receipt of a secondary school diploma
or a general equivalency diploma (GED);
[(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
[(D) such other indicators as the State may
develop.
[(2) With respect to eligible participants in a
program who are children--
[(A) improvement in ability to read on
grade level or reading readiness;
[(B) school attendance;
[(C) grade retention and promotion; and
[(D) such other indicators as the State may
develop.
[SEC. 1241. RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components of successful
family literacy services, in order to--
[(1) improve the quality of existing programs
assisted under this subpart or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Scientifically Based Research on Family Literacy.--
[(1) In general.--From amounts reserved under
section 1232(b)(2), the National Institute for
Literacy, in consultation with the Secretary, shall
carry out research that--
[(A) is scientifically based reading
research; and
[(B) determines--
[(i) the most effective ways of
improving the literacy skills of adults
with reading difficulties; and
[(ii) how family literacy services
can best provide parents with the
knowledge and skills the parents need
to support their children's literacy
development.
[(2) Use of expert entity.--The National Institute
for Literacy, in consultation with the Secretary, shall
carry out the research under paragraph (1) through an
entity, including a Federal agency, that has expertise
in carrying out longitudinal studies of the development
of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.
[(c) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 1207, the results of the
research described in subsections (a) and (b) to State
educational agencies and recipients of subgrants under this
subpart.
[SEC. 1242. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 4--Improving Literacy Through School Libraries
[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
[(a) Purposes.--The purpose of this subpart is to improve
literacy skills and academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists.
[(b) Reservation.--From the funds appropriated under
section 1002(b)(4) for a fiscal year, the Secretary shall
reserve--
[(1) one-half of 1 percent to award assistance
under this section to the Bureau of Indian Affairs to
carry out activities consistent with the purpose of
this subpart; and
[(2) one-half of 1 percent to award assistance
under this section to the outlying areas according to
their respective needs for assistance under this
subpart.
[(c) Grants.--
[(1) Competitive grants to eligible local
educational agencies.--If the amount of funds
appropriated under section 1002(b)(4) for a fiscal year
is less than $100,000,000, then the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies under subsection (e).
[(2) Formula grants to states.--If the amount of
funds appropriated under section 1002(b)(4) for a
fiscal year equals or exceeds $100,000,000, then the
Secretary shall award grants to State educational
agencies from allotments under subsection (d).
[(3) Definition of eligible local educational
agency.--In this section the term ``eligible local
educational agency'' means--
[(A) in the case of a local educational
agency receiving assistance made available
under paragraph (1), a local educational agency
in which 20 percent of the students served by
the local educational agency are from families
with incomes below the poverty line; and
[(B) in the case of a local educational
agency receiving assistance from State
allocations made available under paragraph (2),
a local educational agency in which--
[(i) 15 percent of the students who
are served by the local educational
agency are from such families; or
[(ii) the percentage of students
from such families who are served by
the local educational agency is greater
than the statewide percentage of
children from such families.
[(d) State Grants.--
[(1) Allotments.--From funds made available under
subsection (c)(2) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
allot to each State educational agency having an
application approved under subsection (f)(1) an amount
that bears the same relation to the funds as the amount
the State educational agency received under part A for
the preceding fiscal year bears to the amount all such
State educational agencies received under part A for
the preceding fiscal year, to increase literacy and
reading skills by improving school libraries.
[(2) Competitive grants to eligible local
educational agencies.--Each State educational agency
receiving an allotment under paragraph (1) for a fiscal
year--
[(A) may reserve not more than 3 percent of
the allotted funds to provide technical
assistance, disseminate information about
school library media programs that are
effective and based on scientifically based
research, and pay administrative costs related
to activities under this section; and
[(B) shall use the allotted funds that
remain after making the reservation under
subparagraph (A) to award grants, for a period
of 1 year, on a competitive basis, to eligible
local educational agencies in the State that
have an application approved under subsection
(f)(2) for activities described in subsection
(g).
[(3) Reallotment.--If a State educational agency
does not apply for an allotment under this section for
any fiscal year, or if the State educational agency's
application is not approved, the Secretary shall
reallot the amount of the State educational agency's
allotment to the remaining State educational agencies
in accordance with paragraph (1).
[(e) Direct Competitive Grants to Eligible Local
Educational Agencies.--
[(1) In general.--From amounts made available under
subsection (c)(1) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies that have applications approved
under subsection (f)(2) for activities described in
subsection (g).
[(2) Duration.--The Secretary shall award grants
under this subsection for a period of 1 year.
[(3) Distribution.--The Secretary shall ensure that
grants under this subsection are equitably distributed
among the different geographic regions of the United
States, and among local educational agencies serving
urban and rural areas.
[(f) Applications.--
[(1) State educational agency.--Each State
educational agency desiring assistance under this
section shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary shall require. The
application shall contain a description of--
[(A) how the State educational agency will
assist eligible local educational agencies in
meeting the requirements of this section and in
using scientifically based research to
implement effective school library media
programs; and
[(B) the standards and techniques the State
educational agency will use to evaluate the
quality and impact of activities carried out
under this section by eligible local
educational agencies to determine the need for
technical assistance and whether to continue to
provide additional funding to the agencies
under this section.
[(2) Eligible local educational agency.--Each
eligible local educational agency desiring assistance
under this section shall submit to the Secretary or
State educational agency, as appropriate, an
application at such time, in such manner, and
containing such information as the Secretary or State
educational agency, respectively, shall require. The
application shall contain a description of--
[(A) a needs assessment relating to the
need for school library media improvement,
based on the age and condition of school
library media resources, including book
collections, access of school library media
centers to advanced technology, and the
availability of well-trained, professionally
certified school library media specialists, in
schools served by the eligible local
educational agency;
[(B) the manner in which the eligible local
educational agency will use the funds made
available through the grant to carry out the
activities described in subsection (g);
[(C) how the eligible local educational
agency will extensively involve school library
media specialists, teachers, administrators,
and parents in the activities assisted under
this section, and the manner in which the
eligible local educational agency will carry
out the activities described in subsection (g)
using programs and materials that are grounded
in scientifically based research;
[(D) the manner in which the eligible local
educational agency will effectively coordinate
the funds and activities provided under this
section with Federal, State, and local funds
and activities under this subpart and other
literacy, library, technology, and professional
development funds and activities; and
[(E) the manner in which the eligible local
educational agency will collect and analyze
data on the quality and impact of activities
carried out under this section by schools
served by the eligible local educational
agency.
[(g) Local Activities.--Funds under this section may be
used to--
[(1) acquire up-to-date school library media
resources, including books;
[(2) acquire and use advanced technology,
incorporated into the curricula of the school, to
develop and enhance the information literacy,
information retrieval, and critical thinking skills of
students;
[(3) facilitate Internet links and other resource-
sharing networks among schools and school library media
centers, and public and academic libraries, where
possible;
[(4) provide professional development described in
section 1222(d)(2) for school library media
specialists, and activities that foster increased
collaboration between school library media specialists,
teachers, and administrators; and
[(5) provide students with access to school
libraries during nonschool hours, including the hours
before and after school, during weekends, and during
summer vacation periods.
[(h) Accountability and Reporting.--
[(1) Local reports.--Each eligible local
educational agency that receives funds under this
section for a fiscal year shall report to the Secretary
or State educational agency, as appropriate, on how the
funding was used and the extent to which the
availability of, the access to, and the use of, up-to-
date school library media resources in the elementary
schools and secondary schools served by the eligible
local educational agency was increased.
[(2) State report.--Each State educational agency
that receives funds under this section shall compile
the reports received under paragraph (1) and submit the
compiled reports to the Secretary.
[(i) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
[(j) National Activities.--
[(1) Evaluations.--From the funds appropriated
under section 1002(b)(4) for each fiscal year, the
Secretary shall reserve not more than 1 percent for
annual, independent, national evaluations of the
activities assisted under this section and their impact
on improving the reading skills of students. The
evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind
Act of 2001, and biennially thereafter.
[(2) Report to congress.--The Secretary shall
transmit the State reports received under subsection
(h)(2) and the evaluations conducted under paragraph
(1) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.]
PART B--PATHWAYS TO COLLEGE
Subpart 1--Improving Secondary Schools
SEC. 1201. SECONDARY SCHOOL REFORM.
(a) Purposes.--The purposes of this section are to ensure
students graduate from secondary school college and career
ready and to increase graduation rates by providing grants to
eligible entities to provide schools with the necessary
resources to implement innovative and effective secondary
school reform strategies.
(b) Definitions.--In this section:
(1) Applied learning.--The term ``applied
learning'' means a strategy that--
(A) engages students in opportunities to
apply rigorous academic content aligned with
college-level expectations to real world
experience, through such means as work
experience, work-based learning, problem-based
learning, or service-learning; and
(B) develops students' cognitive
competencies and pertinent employability
skills.
(2) Chronic absenteeism.--The term ``chronic
absenteeism'' means a student misses--
(A) 10 percent of the school days per
school year; or
(B) not less than 20 school days per school
year.
(3) Competency-based learning model.--The term
``competency-based learning model'' means an education
model in which educators use explicit measurable
learning objectives to assist students to advance upon
mastery of objectives as determined through relevant
assessments.
(4) Effective secondary school reform strategies.--
The term ``effective secondary school reform
strategies'' means a set of programs, interventions,
and activities with demonstrated effectiveness in
improving the academic achievement of struggling
students or dropouts.
(5) Eligible entity.--The term ``eligible entity''
means a high-need local educational agency, or a
consortium of such local educational agencies, in
partnership with--
(A) 1 or more institutions of higher
education;
(B) 1 or more employers or industry-related
organizations; and
(C) 1 or more external partners or
qualified intermediaries.
(6) Eligible secondary school.--The term ``eligible
secondary school'' means a high school that--
(A) is eligible for funds under part A;
(B) has a graduation rate below 75 percent;
(C) does not receive grant funds under
section 1116(d); and
(D) is identified as low performing based
on the State's accountability system.
(7) External partner.--The term ``external
partner'' means a public or private nonprofit
organization or a nonprofit charter management
organization, with a demonstrated record of successful
secondary school reform.
(8) Feeder middle school.--The term ``feeder middle
school'' means an elementary school or secondary school
from which a majority of students go on to attend an
eligible secondary school.
(9) Qualified intermediary.--The term ``qualified
intermediary'' means an entity that has demonstrated
expertise to build and sustain partnerships with
entities such as employers, schools, community-based
organizations, postsecondary educational institutions,
social service agencies, economic development
organizations, and workforce investment systems, to
broker services, resources, and supports for youth and
the organizations and systems designed to serve them.
(10) Struggling student.--The term ``struggling
student'' means a student who--
(A) is at an increased risk for low
academic achievement and is unlikely to
graduate high school within 4 years; or
(B) has dropped out of school.
(c) Grants Authorized.--
(1) In general.--
(A) Reservation.--From the total amount of
funds appropriated to carry out this section
for a fiscal year, the Secretary shall
reserve--
(i) not more than 2.5 percent for
national activities, which the
Secretary shall use for technical
assistance, data collection and
dissemination, and evaluation and
reporting activities; and
(ii) not less than one-half of 1
percent for the Bureau of Indian
Education for activities consistent
with the purposes of this section.
(B) Grants.--From the total amount of funds
appropriated to carry out this section for a
fiscal year and not reserved under subparagraph
(A), the Secretary shall award grants, on a
competitive basis, to eligible entities, based
on the quality of the applications submitted,
of which--
(i) not more than 25 percent of
grant funds shall be used for
activities described in subsection
(e)(1); and
(ii) not less than 75 percent of
grant funds shall be used for
activities described in paragraphs (2)
and (3) of subsection (e) and
subsection (f).
(2) Grant duration.--Grants awarded under this
section shall be for a period of 5 years, conditional
after 3 years on satisfactory progress on the
performance indicators described in subsection
(d)(2)(G), as determined by the Secretary.
(3) Grant considerations.--In awarding grants under
this section, the Secretary shall give special
consideration to applications from eligible entities--
(A) serving high-need areas, such as high-
poverty or rural local educational agencies; or
(B) that demonstrate partnerships with
employers to provide students at participating
schools with career-related experience or
assistance in attaining career-related
credentials.
(4) Annual report.--Each eligible entity that
receives a grant under this section shall submit to the
Secretary an annual report including data on the
entity's progress on the performance indicators
described in subsection (d)(2)(G).
(d) Application.--
(1) In general.--An eligible entity that desires a
grant under this section shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted under
paragraph (1) shall include, at a minimum, a
description of the following:
(A) How the eligible entity will use funds
awarded under this section to carry out the
activities described in subsection (e)(1).
(B) The role of each entity that comprises
the eligible entity in meeting the purposes of
this section, including the external partner's
capacity and record of success in secondary
school reform.
(C) How the eligible entity will sustain
the activities proposed, including the
availability of funds from non-Federal sources
and coordination with other Federal, State, and
local funds.
(D) How the eligible entity conducted a
comprehensive needs analysis and capacity
assessment of the eligible secondary schools
served by the eligible entity to identify
secondary schools proposed to be served by the
grant. The needs analysis and capacity
assessment shall include the following:
(i) An examination of each
secondary school's data in the
aggregate, and disaggregated by each of
the subgroups of students described in
section 1111(a)(2)(B)(x), on the
following:
(I) Graduation rates and
characteristics of those
students who are not
graduating, including such
students' attendance, behavior,
expulsion rates, suspension
rates, course performance, and
credit accumulation rates.
(II) Rates of dropout
recovery (re-entry).
(III) Rates of enrollment
and remediation in institutions
of higher education, in
accordance with section
1111(d)(3)(B)(viii).
(IV) The percentage of
students who are 2 or more
years over-aged or under-
credited for their grade level.
(ii) An examination of each
eligible secondary school and feeder
middle school's data in the aggregate,
and disaggregated by each of the
subgroups of students described in
section 1111(a)(2)(B)(x), as
applicable, on the following:
(I) Student academic
achievement, including the
percentage of students who have
on-time credit accumulation at
the end of each grade and the
percentage of students failing
a core, credit-bearing, reading
or language arts, science, or
mathematics course, or failing
2 or more of any courses.
(II) The percentage of
students who have an attendance
rate lower than 90 percent.
(III) Annual rates of
expulsions, suspensions, school
violence, harassment, and
bullying, as defined under
State or local laws or
policies.
(IV) Annual, average credit
accumulation.
(V) Annual, average
attendance rates.
(VI) Annual rates of
students who move in and out of
the school within a school
year.
(VII) Annual, average rates
of enrollment in and completion
of advanced coursework,
including opportunities to earn
postsecondary credit while in
high school, such as Advanced
Placement and International
Baccalaureate courses and
exams, dual enrollment, and
early college.
(VIII) Curriculum alignment
with college and career ready
standards across all grade
levels.
(IX) The nonacademic
barriers that impact student
achievement and the available
support services to address
such barriers.
(X) The number and
percentage of students who do
not transition from grade 8 to
grade 9 and who have not
transferred to and enrolled in
a school outside of the local
educational agency within the
State or out of the State.
(iii) An examination, including a
description, of each eligible secondary
school's capacity to implement the
school reform activities described
under subsection (e)(3), including--
(I) the capacity and
experience levels of
administrative, instructional,
and noninstructional staff;
(II) the budget, including
how Federal, State, and local
funds are being spent (as of
the time of the assessment) and
can be better spent; and
(III) the technical
assistance, additional
resources, and staff necessary
to implement the activities
identified in subsection
(e)(3).
(iv) An assessment of the capacity
of the eligible entity to provide
technical assistance and resources to
implement the activities described in
subsection (e).
(E) The rationale for the strategies chosen
to be implemented under subsection (e),
including how such strategies will address the
needs identified through the needs analysis.
(F) How the eligible entity will
incorporate students with disabilities, English
learners, and struggling students into the
activities under subsection (e).
(G) The performance indicators and targets
the eligible entity will use to assess the
effectiveness of the activities implemented
under this section including--
(i) graduation rates;
(ii) dropout recovery (re-entry)
rates;
(iii) percentage of students with
less than a 90 percent attendance rate;
(iv) percentage of students who
have on-time credit accumulation at the
end of each grade and the percentage of
students failing a core subject course;
(v) rates of expulsions,
suspensions, school violence,
harassment, and bullying, as defined
under State or local laws or policies;
(vi) annual, average attendance
rates;
(vii) annual rates of student
mobility;
(viii) annual rates of student
transfers;
(ix) college remediation,
enrollment, persistence, and completion
rates; and
(x) percentage of students
successfully--
(I) completing Advanced
Placement or International
Baccalaureate courses;
(II) completing rigorous
postsecondary education courses
while attending a secondary
school; or
(III) enrolling in and
completing, career and
technical education, as defined
in section 3 of the Carl D.
Perkins Career and Technical
Education Act of 2006 (20
U.S.C. 2302) or a program that
leads to an apprenticeship
registered under the Act of
August 16, 1937 (commonly known
as the ``National
Apprenticeship Act''; 50 Stat.
664, chapter 663; 29 U.S.C. 50
et seq.).
(e) Required Uses of Funds.--
(1) In general.--An eligible entity that receives a
grant under this section shall use the grant funds to--
(A) implement an early warning indicator
system to help high schools and feeder middle
schools, served by the eligible entity's local
educational agency, to identify struggling
students and create a system of evidence-based
interventions, by--
(i) identifying and analyzing the
academic and non-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 and
chronic absenteeism, academic
performance in core courses, and credit
accumulation, to guide decisionmaking;
(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;
(iv) analyzing academic indicators
to determine whether students are
making sufficient academic growth to
graduate secondary school in the
standard numbers of years; and
(v) identifying and implementing
strategies for pairing academic support
with integrated student services and
case-management interventions for
students requiring intensive supports,
which may include partnerships with
other external partners;
(B) provide support and credit recovery
opportunities for struggling students,
including those who are over-aged and under-
credited, at secondary schools served by the
eligible entity by offering activities, such
as--
(i) a flexible school schedule;
(ii) competency-based learning
models and performance-based
assessments; and
(iii) the provision of support
services;
(C) provide dropout recovery or re-entry
programs to secondary schools that are designed
to encourage and support dropouts returning to
an educational system, program, or institution
following an extended absence in order to
graduate college and career ready;
(D) provide evidence-based grade and school
transition programs and supports, including
through curricula alignment; and
(E) provide school leaders, instructional
staff, noninstructional staff, students, and
families with high-quality, easily accessible
and timely information about--
(i) secondary school graduation
requirements;
(ii) postsecondary education
application processes;
(iii) postsecondary admissions
processes and requirements, including
public financial aid and other
available private scholarship and grant
aid opportunities;
(iv) current regional labor market
information on high-demand and
projected-growth industry areas and
occupations; and
(v) other programs and services for
increasing rates of college access and
success for students from low-income
families.
(2) Required use of funds in feeder middle
schools.--An eligible entity that receives a grant
under this section shall use the grant funds in feeder
middle schools to improve the academic achievement of
students and prepare students to graduate college and
career ready by--
(A) using early warning indicator and
intervention systems described in paragraph
(1)(A);
(B) creating a personalized learning
environment;
(C) implementing a transition strategy to
support the successful transition of students
between grades, including encouraging
collaboration among elementary, middle, and
secondary school grades;
(D) providing high-quality professional
development opportunities to school leaders,
teachers, and other school staff to prepare
staff to--
(i) address the academic challenges
of students in middle grades;
(ii) understand the developmental
needs of students in the middle grades
and how to address those needs in an
educational setting;
(iii) implement data-driven
interventions; and
(iv) provide academic guidance to
students so that students can graduate
college and career ready; and
(E) implementing organizational practices
and school schedules that allow for
collaborative staff participation, team
teaching, and common instructional planning
time.
(3) Required use of funds in eligible secondary
schools.--An eligible entity that receives a grant
under this section shall use the grant funds in
eligible secondary schools to implement a comprehensive
approach that will--
(A) personalize the school experience by
taking steps such as--
(i) creating opportunities for
struggling students to receive
personalized instruction, including
providing a personalized sequence of
instructional content and skills
development, and opportunities for
credit recovery;
(ii) implementing competency-based
learning models; and
(iii) providing ongoing evaluation
of student academic achievement and the
necessary supports so that students
graduate college and career ready;
(B) increase student engagement by
providing applied learning opportunities;
(C) provide school leaders with autonomy
through a flexible budget and staffing
authority;
(D) implement high-quality, evidence-based
professional development for teachers and
school leaders, provide increased opportunities
for teachers to work collaboratively, and
improve instruction;
(E) improve curriculum and instruction,
by--
(i) redesigning academic content
and instructional practices to align
with high academic standards for all
students, the criteria associated with
admission to and success in
postsecondary education, and the skills
necessary to be successful in the
workplace;
(ii) increasing rigor by providing
opportunities to earn postsecondary
credit while in high school, including
through Advanced Placement or
International Baccalaureate courses,
dual enrollment, and early college; and
(iii) implementing competency-based
learning models;
(F) strengthen the transition between high
school and postsecondary education through
activities such as--
(i) providing academic and career
counseling in student-to-counselor
ratios that allow students to make
informed decisions about academic and
career options;
(ii) providing high-quality college
and career exploration opportunities
including college campus visits;
(iii) coordinating secondary and
postsecondary support services, and
academic calendars, to allow students
to visit and take courses at
institutions of higher education; and
(iv) providing academic and support
services, including financial aid
counseling for postsecondary education;
and
(G) implement not less than 1 of the
following effective secondary school reform
strategies to prepare students for college and
a career, and to improve graduation rates:
(i) Graduation Promise Academies,
which include--
(I) grade 9 academies
taught by teams of teachers who
work with small groups of
students;
(II) career academies for
upper grades;
(III) extended learning
periods, such as block
scheduling, to reduce the
number of students for whom
teachers are responsible and
the number of courses students
are taking at any one time;
(IV) an after-hours credit
recovery program;
(V) curriculum coaches who
provide high-quality
professional development and
support;
(VI) partnerships among
parents, teachers,
administrators, community-based
organizations, and community
members focused on improving
student achievement; and
(VII) a college-going
culture, including student
supports and guidance.
(ii) Career academies, which
implement a college and career ready
curriculum that integrates rigorous
academics, career and technical
education, and experiential learning
for high school students in high-skill,
high-demand industries, in
collaboration with local and regional
employers.
(iii) Dual enrollment programs that
provide dual enrollment opportunities
with college credit-bearing courses,
including accelerated certificate
programs with community colleges or
other recognized postsecondary
credentials.
(iv) Early college high schools
that design curricula and sequences of
courses in collaboration with teachers
from the eligible secondary school and
faculty from the partner institution of
higher education so that students may
simultaneously earn credits towards a
high school diploma and either an
associate's degree or not less than 12
transferable postsecondary education
credits toward a postsecondary degree
at no cost to students or their
families.
(f) Allowable Uses of Funds.--An eligible entity that
receives a grant under this section may use grant funds to--
(1) improve parent and family engagement in the
educational attainment and achievement of struggling
students and dropouts to be college and career ready
by--
(A) leveraging community-based services and
opportunities; and
(B) providing parents and families with the
necessary information, including data on their
child's academic achievement and how to
navigate the public school system;
(2) provide extended learning opportunities, by
extending the school day, week, or year to increase the
total number of school hours to include additional time
for instruction in academic subjects and enrichment
activities that contribute to a well-rounded education;
(3) increase student supports through activities
such as student advisories, school counseling
opportunities, and one-to-one mentoring; and
(4) create smaller learning communities.
(g) Matching Funds.--
(1) In general.--An eligible entity that receives a
grant under this section shall provide matching funds,
from non-Federal sources, in an amount equal to not
less than 20 percent of the amount of grant funds
awarded in the first 3 years of the grant, not less
than 50 percent of the amount awarded in the fourth
year of the grant, and not less than 75 percent of the
amount awarded in the fifth year of the grant, as
applicable.
(2) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
a fiscal year for an eligible entity, on a case-by-case
basis, if the Secretary determines that applying the
matching requirement to such eligible entity would
result in serious hardship or an inability to carry out
the authorized activities described in subsection (e).
(h) Supplement Not Supplant.--An eligible entity shall use
Federal funds received under this section only to supplement
the funds that would, in the absence of such Federal funds, be
made available from other Federal and non-Federal sources for
the activities described in this section, and not to supplant
such funds.
Subpart 2--Accelerated Learning
SEC. 1221. PURPOSES.
The purposes of this subpart are--
(1) to raise student academic achievement by--
(A) increasing the number of teachers
serving high-need schools who are qualified to
teach Advanced Placement or International
Baccalaureate courses; and
(B) increasing the number of students
attending high-need schools who--
(i) enroll and succeed in Advanced
Placement or International
Baccalaureate courses; and
(ii) take Advanced Placement or
International Baccalaureate
examinations;
(2) to increase, and to support statewide and, as
applicable, districtwide, efforts to increase the
availability of, and enrollment in, Advanced Placement
or International Baccalaureate courses, and pre-
Advanced Placement or pre-International Baccalaureate
courses, in high-need schools; and
(3) to provide high-quality professional
development for teachers of Advanced Placement or
International Baccalaureate courses, and pre-Advanced
Placement or pre-International Baccalaureate courses,
in high-need schools.
SEC. 1222. FUNDING DISTRIBUTION RULE.
From amounts appropriated to carry out this subpart for a
fiscal year, the Secretary shall give priority to funding
activities under section 1223 and shall distribute any
remaining funds under section 1224.
SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE
EXAMINATION FEE PROGRAM.
(a) Grants Authorized.--From amounts made available to
carry out this subpart for a fiscal year, the Secretary shall
award grants to State educational agencies having applications
approved under this section to enable the State educational
agencies to pay, on behalf of low-income students, part or all
of the costs of Advanced Placement or International
Baccalaureate examination fees, if the low-income students--
(1) are enrolled in an Advanced Placement or
International Baccalaureate course; and
(2) plan to take an Advanced Placement or
International Baccalaureate examination.
(b) Award Basis.--In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all States.
(c) Information Dissemination.--A State educational agency
that is awarded a grant under this section shall make publicly
available information regarding the availability of Advanced
Placement or International Baccalaureate examination fee
payments under this section, and shall disseminate such
information to eligible secondary school students and parents,
including through secondary school teachers and counselors.
(d) Applications.--Each State educational agency desiring
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.
At a minimum, each State educational agency application shall--
(1) describe the Advanced Placement or
International Baccalaureate examination fees the State
educational agency will pay on behalf of low-income
students in the State from grant funds awarded under
this section;
(2) provide an assurance that any grant funds
awarded under this section shall be used only to pay
for Advanced Placement or International Baccalaureate
examination fees; and
(3) contain such information as the Secretary may
require to demonstrate that the State educational
agency will ensure that a student is eligible for
payments authorized under this section, including
ensuring that the student is a low-income student.
(e) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
(f) Report.--
(1) In general.--Each State educational agency
awarded a grant under this section shall, with respect
to each Advanced Placement or International
Baccalaureate course subject, annually report to the
Secretary the following data for the preceding year:
(A) The number of students in the State who
are taking an Advanced Placement or
International Baccalaureate course in such
subject.
(B) The number of Advanced Placement or
International Baccalaureate examinations taken
by students in the State who have taken an
Advanced Placement or International
Baccalaureate course in such subject.
(C) The number of students in the State
scoring at each level on Advanced Placement or
International Baccalaureate examinations in
such subject, disaggregated by each of the
subgroups of students described in section
1111(a)(2)(B)(x).
(D) Demographic information regarding
students in the State taking Advanced Placement
or International Baccalaureate courses and
Advanced Placement or International
Baccalaureate examinations in that subject,
disaggregated by race, ethnicity, sex, English
proficiency status, and socioeconomic status.
(2) Report to congress.--The Secretary shall
annually compile the information received from each
State educational agency under paragraph (1) and report
to the authorizing committees regarding the
information.
(g) Bureau of Indian Affairs as State Educational Agency.--
For purposes of this section, the Bureau of Indian Affairs
shall be treated as a State educational agency.
SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE INCENTIVE
PROGRAM GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts made available to
carry out this subpart for a fiscal year, the Secretary
shall award grants, on a competitive basis, to eligible
entities to enable such entities to carry out the
authorized activities described in subsection (e).
(2) Duration, renewal, and payments.--
(A) Duration.--The Secretary shall award a
grant under this section for a period of not
more than 3 years.
(B) Renewal.--The Secretary may renew a
grant awarded under this section for an
additional period of not more than 2 years, if
an eligible entity--
(i) is achieving the objectives of
the grant; and
(ii) has shown improvement against
baseline data on the performance
measures described in subparagraphs (A)
through (E) of subsection (g)(1).
(C) Payments.--The Secretary shall make
grant payments under this section on an annual
basis.
(b) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--
(1) a State educational agency;
(2) a high-need local educational agency; or
(3) a partnership consisting of--
(A) a national, regional, or statewide
public or nonprofit organization with expertise
and experience in providing Advanced Placement
or International Baccalaureate course services;
and
(B) a State educational agency or a high-
need local educational agency.
(c) Application.--
(1) In general.--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
require.
(2) Contents.--The application shall, at a minimum,
include a description of--
(A) the goals and objectives for the
project supported by the grant under this
section, including--
(i) increasing the number of
teachers serving high-need schools who
are qualified to teach Advanced
Placement or International
Baccalaureate courses;
(ii) increasing the number of
Advanced Placement or International
Baccalaureate courses that are offered
at high-need schools; and
(iii) increasing the number of
students attending a high-need school,
particularly low-income students, who
succeed in--
(I) Advanced Placement or
International Baccalaureate
courses; and
(II) if offered by the
school, pre-Advanced Placement
or pre-International
Baccalaureate courses;
(B) how the eligible entity will ensure
that students have access to courses, including
pre-Advanced Placement or pre-International
Baccalaureate courses, that will prepare
students to enroll and succeed in Advanced
Placement or International Baccalaureate
courses;
(C) how the eligible entity will provide
professional development for teachers that will
further the goals and objectives of the grant
project;
(D) how the eligible entity will ensure
that teachers serving high-need schools are
qualified to teach Advanced Placement or
International Baccalaureate courses;
(E) how the eligible entity will provide
for the involvement of business and community
organizations and other entities, including
institutions of higher education, in carrying
out the activities described in subsection (e);
(F) how the eligible entity will use funds
received under this section; and
(G) how the eligible entity will evaluate
the outcome of the grant project.
(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications from eligible
entities that--
(1) are part of a statewide or districtwide
strategy, as applicable, for increasing the
availability of Advanced Placement or International
Baccalaureate courses, and pre-Advanced Placement or
pre-International Baccalaureate courses, in high-need
schools;
(2) demonstrate a focus on increasing the
availability of Advanced Placement or International
Baccalaureate courses in core academic subjects; and
(3) propose to carry out activities that target
high-need schools.
(e) Authorized Activities.--
(1) In general.--Each eligible entity that receives
a grant under this section shall use the grant funds to
carry out activities designed to increase--
(A) the number of teachers serving high-
need schools who are qualified to teach
Advanced Placement or International
Baccalaureate courses; and
(B) the number of students attending high-
need schools who succeed in the examinations
for such courses, including through reimbursing
low-income students attending high-need schools
for part or all of the cost of Advanced
Placement or International Baccalaureate
examination fees.
(2) Allowable activities.--In addition to the
activities described in paragraph (1), an eligible
entity that receives a grant under this section may use
grant funds for--
(A) high-quality teacher professional
development, in order to expand the pool of
teachers in the participating State, high-need
local educational agency, or high-need school
who are qualified to teach Advanced Placement
or International Baccalaureate courses,
including through innovative models, such as
online academies and training institutes;
(B) pre-Advanced Placement or pre-
International Baccalaureate teacher and
counselor high-quality professional development
in secondary school to prepare students for
success in Advanced Placement or International
Baccalaureate courses and in institutions of
higher education;
(C) coordination and articulation between
grade levels to prepare students to succeed in
Advanced Placement or International
Baccalaureate courses;
(D) purchase of instructional materials for
Advanced Placement or International
Baccalaureate courses;
(E) activities to increase the availability
of, and participation in, online Advanced
Placement or International Baccalaureate
courses;
(F) carrying out the requirements of
subsection (g); and
(G) in the case of an eligible entity
described in subsection (b)(1), awarding
subgrants to high-need local educational
agencies to enable the high-need local
educational agencies to carry out authorized
activities described in subparagraphs (A)
through (F).
(f) Contracts.--An eligible entity that is awarded a grant
to provide online Advanced Placement or International
Baccalaureate courses under this subpart may enter into a
contract with an organization to provide the online Advanced
Placement or International Baccalaureate courses, including
contracting for necessary support services.
(g) Collecting and Reporting Requirements.--
(1) Report.--Each eligible entity receiving a grant
under this section shall collect and report to the
Secretary annually such data regarding the results of
the grant as the Secretary may reasonably require,
including--
(A) the number of students served by the
eligible entity enrolling in Advanced Placement
or International Baccalaureate courses, and
pre-Advanced Placement or pre-International
Baccalaureate courses, disaggregated by grade
level of the student, and the grades received
by such students in the courses;
(B) the number of students taking an
Advanced Placement or International
Baccalaureate examination and the distribution
of scores on those examinations, disaggregated
by the grade level of the student at the time
of examination;
(C) the number of teachers who are
currently, as of the date of the report,
receiving training to teach Advanced Placement
or International Baccalaureate courses and will
teach such courses in the next school year;
(D) the number of teachers becoming
qualified to teach Advanced Placement or
International Baccalaureate courses; and
(E) the number of qualified teachers who
are teaching Advanced Placement or
International Baccalaureate courses in high-
need schools served by the eligible entity.
(2) Reporting of data.--Each eligible entity
receiving a grant under this section shall report the
data required under paragraph (1)--
(A) disaggregated by subject area;
(B) in the case of student data,
disaggregated in the same manner as information
is disaggregated under section
1111(a)(2)(B)(x); and
(C) in a manner that allows for an
assessment of the effectiveness of the grant
program.
(h) Evaluation.--From the amount appropriated for this
subpart and reserved for evaluation activities in accordance
with section 9601(a), the Secretary, acting through the
Director of the Institute of Education Sciences, shall, in
consultation with the relevant program office at the
Department, evaluate the implementation and impact of the
activities supported under this section, consistent with
section 9601, including progress as measured by the performance
measures established under subparagraphs (A) through (E) of
subsection (g)(1).
(i) Matching Requirement.--
(1) In general.--Subject to paragraph (3), each
eligible entity that receives a grant under this
section shall provide toward the cost of the activities
assisted under the grant, from non-Federal sources, an
amount equal to 100 percent of the amount of the grant,
except that an eligible entity that is a high-need
local educational agency shall provide an amount equal
to not more than 50 percent of the amount of the grant.
(2) Matching funds.--The eligible entity may
provide the matching funds described in paragraph (1)
in cash or in-kind, fairly evaluated, but may not
provide more than 50 percent of the matching funds in-
kind. The eligible entity may provide the matching
funds from State, local, or private sources.
(3) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible entity described in
paragraph (1) or (2) of subsection (b), if the
Secretary determines that applying the matching
requirement to such eligible entity would result in
serious hardship or an inability to carry out the
authorized activities described in subsection (e).
SEC. 1225. SUPPLEMENT, NOT SUPPLANT.
Grant funds provided under this subpart shall supplement,
and not supplant, other non-Federal funds that are available to
assist low-income students to pay for the cost of Advanced
Placement or International Baccalaureate examination fees or to
expand access to Advanced Placement or International
Baccalaureate courses, and pre-Advanced Placement or pre-
International Baccalaureate courses.
SEC. 1226. DEFINITIONS.
In this subpart:
(1) High-need school.--The term ``high-need
school'' means a secondary school--
(A) with a demonstrated need for Advanced
Placement or International Baccalaureate
courses; and
(B) that--
(i) has a high concentration of
low-income students; or
(ii) is designated with a school
locale code of 33, 41, 42, or 43, as
determined by the Secretary.
(2) Low-income student.--The term ``low-income
student'' means a student who is eligible for free or
reduced-price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
PART C--EDUCATION OF MIGRATORY CHILDREN
[SEC. 1301. PROGRAM PURPOSE.
[It is the purpose of this part to assist States to--
[(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other problems
that result from repeated moves;
[(2) ensure that migratory children who move among
the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State academic content and student
academic achievement standards;
[(3) ensure that migratory children are provided
with appropriate educational services (including
supportive services) that address their special needs
in a coordinated and efficient manner;
[(4) ensure that migratory children receive full
and appropriate opportunities to meet the same
challenging State academic content and student academic
achievement standards that all children are expected to
meet;
[(5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment; and
[(6) ensure that migratory children benefit from
State and local systemic reforms.]
SEC. 1301. PROGRAM PURPOSE.
It is the purpose of this part to assist States in
providing high-quality and comprehensive educational programs
(including, as appropriate, instructional and educationally
related support services), during the regular school year and
summer or intersession periods, that address the unique
educational needs of migratory children arising from their
migratory lifestyle, in order to help such children--
(1) succeed in school;
(2) meet the same State college and career ready
academic content and student academic achievement
standards under section 1111(a)(1) that all children
are expected to meet;
(3) graduate high school ready for postsecondary
education and careers; and
(4) overcome educational disruption, cultural and
language barriers, social isolation, various health-
related problems, and other factors that inhibit the
ability of such children to succeed in school.
SEC. 1302. PROGRAM AUTHORIZED.
[In order to carry out the purpose of this part]From the
amounts made available under section 3(d) for a fiscal year to
carry out this part, the Secretary shall make grants to State
educational agencies, or [combinations]consortia of such
agencies, [to establish]to enable such agencies or consortia to
establish or improve, directly or through local operating
agencies, programs of education for migratory children in
accordance with this part.
SEC. 1303. STATE ALLOCATIONS.
[(a) State Allocations.--
[(1) Fiscal year 2002.--For fiscal year 2002, each
State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal
to--
[(A) the sum of the estimated number of
migratory children aged 3 through 21 who reside
in the State full time and the full-time
equivalent of the estimated number of migratory
children aged 3 through 21 who reside in the
State part time, as determined in accordance
with subsection (e); multiplied by
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Subsequent years.--
[(A) Base amount.--
[(i) In general.--Except as
provided in subsection (b) and clause
(ii), each State (other than the
Commonwealth of Puerto Rico) is
entitled to receive under this part,
for fiscal year 2003 and succeeding
fiscal years, an amount equal to--
[(I) the amount that such
State received under this part
for fiscal year 2002; plus
[(II) the amount allocated
to the State under subparagraph
(B).
[(ii) Nonparticipating states.--In
the case of a State (other than the
Commonwealth of Puerto Rico) that did
not receive any funds for fiscal year
2002 under this part, the State shall
receive, for fiscal year 2003 and
succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State would have received under
this part for fiscal year 2002
if its application under
section 1304 for the year had
been approved; plus
[(II) the amount allocated
to the State under subparagraph
(B).
[(B) Allocation of additional amount.--For
fiscal year 2003 and succeeding fiscal years,
the amount (if any) by which the funds
appropriated to carry out this part for the
year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State
receives an amount equal to--
[(i) the sum of--
[(I) the number of
identified eligible migratory
children, aged 3 through 21,
residing in the State during
the previous year; and
[(II) the number of
identified eligible migratory
children, aged 3 through 21,
who received services under
this part in summer or
intersession programs provided
by the State during such year;
multiplied by
[(ii) 40 percent of the average
per-pupil expenditure in the State,
except that the amount determined under
this clause may not be less than 32
percent, or more than 48 percent, of
the average per-pupil expenditure in
the United States.]
(a) State Allocations.--Except as provided in subsection
(b), the amount awarded to each State (other than the
Commonwealth of Puerto Rico) under this part for each fiscal
year shall be an amount equal to the product of--
(1) the sum of--
(A) the average number of identified
eligible migratory children aged 3 through 21,
residing in the State, based on data for the
preceding 3 years; and
(B) the number of identified eligible
migratory children, aged 3 through 21, who
received services under this part in summer or
intersession programs provided by the State
during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure
in the State, except that the amount calculated under
this paragraph shall not be less than 32 percent, or
more than 48 percent, of the average per-pupil
expenditure in the United States.
(b) Hold Harmless.--Notwithstanding subsection (a), for
each of fiscal years 2011 through 2013, no State receiving an
allocation under this section shall receive less than 90
percent of the State's allocation under this section for the
previous year.
[(b)](c) Allocation to [Puerto Rico.--
[(1) In general.--For each]Puerto Rico.--For each
fiscal year, the grant [which]that the Commonwealth of
Puerto Rico shall be eligible to receive under this
part shall be the amount determined by multiplying the
number of children who would be counted under
[subsection (a)(1)(A)]subsection (g) if such subsection
applied to the Commonwealth of Puerto Rico by the
product of--
[(A)]
(1) the percentage [which]that the average per-
pupil expenditure in the Commonwealth of Puerto Rico is
of the lowest average per-pupil expenditure of any of
the 50 States, except that the percentage calculated
under this paragraph shall not be less than 85 percent;
and
[(B)]
(2) 32 percent of the average per-pupil expenditure
in the United States.
[(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent;
and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
[(3) Limitation.--If the application of paragraph
(2) for any fiscal year would result in any of the 50
States or the District of Columbia receiving less under
this part than it received under this part for the
preceding fiscal year, then the percentage described in
paragraph (1)(A) that is used for the Commonwealth of
Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the
percentage in paragraph (1)(A) for such fiscal year or
the percentage used for the preceding fiscal year.]
[(c)](d) Ratable Reductions; Reallocations.--
(1) [In general.--(A) If, after the Secretary
reserves funds under section 1308(c), the amount
appropriated to carry out this part]In general.--
(A) Ratable reductions.--If the amount
available for allocations to States under this
part for any fiscal year is insufficient to pay
in full the amounts for which all States are
eligible, the Secretary shall ratably reduce
each such amount.
(B) [If additional]Reallocation.--If
additional funds become available for making
such payments for any fiscal year, the
Secretary shall allocate such funds to States
in amounts that the Secretary determines will
best carry out the purpose of this part.
(2) [Special rule.--(A) The]Special rule.--
(A) Further reductions.--The Secretary
shall further reduce the amount of any grant to
a State under this part for any fiscal year if
the Secretary determines, based on available
information on the numbers and needs of
migratory children in the State and the program
proposed by the State to address such needs,
that such amount exceeds the amount [required
under section 1304]needed to carry out the
approved activities in the application under
section 1304.
(B) [The Secretary shall]Reallocation.--The
Secretary shall reallocate such excess funds to
other States whose grants under this part would
otherwise be insufficient to provide an
appropriate level of services to migratory
children, in such amounts as the Secretary
determines are appropriate.
(C) Additional requirements.--The
Secretary--
(i) shall--
(I) develop and implement a
procedure for monitoring the
accuracy of the information
described in subparagraph (A);
and
(II) issue, through
regulations or guidance,
criteria for a system of State
quality control for the
accuracy of State counts of
eligible migratory children;
and
(ii) may not reduce the amount of a
State allocation under this paragraph
on the basis of unintentional errors in
such counts for States implementing a
system of State quality control that
meets the criteria described in clause
(i)(II), if the discrepancy between the
initial State count and any subsequent
revisions is minimal.
[(d)](e) Consortium Arrangements.--
(1) In general.--* * *
* * * * * * *
[(e)](f) Determining Numbers of Eligible Children.--In
order to best serve migratory children under this part and
determine the estimated number of migratory children residing
in each State for purposes of this section, the Secretary
shall--
(1) use [such information as the Secretary
finds]the most recent information that most accurately
reflects the actual number of migratory children;
(2) develop and implement a procedure for
monitoring the accuracy of such information, if such a
procedure does not create barriers to the families of
migratory children who are eligible for services under
this part;
[(2)](3) [develop and implement a procedure for
more accurately reflecting]update such procedure, and
implement the updated procedure, to more accurately
reflect the cost factors for different types of summer
and intersession program designs;
[(3)](4) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
(A) the special needs of those children
participating in special programs of high-
quality, sustained, and intensive education
services provided under this part that operate
during the summer and intersession periods; and
(B) the additional costs of operating such
programs; and
[(4)](5) conduct an analysis of the options for
adjusting the formula so as to better direct services
to [the child whose education has been
interrupted]migratory children.
(g) Nonparticipating States.--In the case of a State
desiring to receive an allocation under this part for a fiscal
year that did not receive an allocation for the previous fiscal
year or that has been participating for less than 3 consecutive
years, the Secretary shall calculate the State's number of
identified migratory children aged 3 through 21 for purposes of
subsection (a)(1)(A) by using the most recent data available
that identifies the migratory children residing in the State
until data is available to calculate the 3-year average number
of such children in accordance with such subsection.
SEC. 1304. STATE APPLICATIONS; SERVICES.
(a) Application Required.--* * *
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning,
implementing, and evaluating programs and projects
assisted under this part, the State and its local
operating agencies will ensure that the [special]unique
educational needs of migratory children, including
preschool migratory children and out of school
migratory children, are identified and addressed
through--
(A) * * *
(B) joint planning among local, State, and
Federal educational programs serving
[migrant]migratory children, including language
instruction educational programs under [part A
or B of title III]part A of title III;
* * * * * * *
(2) a description of the steps the State is taking
to provide all [migratory students]migratory children
with the opportunity to meet the [same challenging
State academic content standards and challenging State
student academic achievement standards that]same State
college and career ready academic content and student
academic achievement standards adopted under section
1111(a)(1) that all children are expected to meet;
(3) a description of how the State will meet the
requirements of section 1308(b) for the timely
electronic transfer of student records and how the
State will use such records transfer to meet the unique
educational needs of migratory students and remove
barriers to the proper enrollment and retention of
migratory children in schools;
[(3)](4) a description of how the State will use
funds received under this part to promote interstate
and intrastate coordination of services for migratory
children, including how, consistent with procedures the
Secretary may [require, the State]require and using the
linkage system described in section 1308(b), the State
and each of its local operating agencies will provide
for educational continuity through the timely transfer
of pertinent school records, including information on
health, when children move from one school to
[another]another or from one school district to
another, whether or not [such move]such a move occurs
during the regular school year;
[(4)](5) * * *
[(5)](6) * * *
[(6) such budgetary and other information as the
Secretary may require; and]
(7) a description of how the State will encourage
programs and projects assisted under this part to offer
[family literacy services]family literacy activities if
the [program or project serves]programs and projects
serve a substantial number of migratory children [who
have parents who]whose parents do not have a high
school diploma or its recognized equivalent or who have
low levels of literacy[.]; and
(8) such budgetary and other information as the
Secretary may require.
(c) Assurances.--* * *
(1) * * *
* * * * * * *
(2) such programs and projects will be carried out
in a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and [part
I]part F;
[(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parent advisory
councils for programs of 1 school year in duration, and
that all such programs and projects are carried out--
[(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under section 1118,
unless extraordinary circumstances make such
provision impractical; and
[(B) in a format and language
understandable to the parents;]
(3) in the planning and operation of programs and
projects at both the State and local agency operating
levels, there is consultation with parent advisory
councils for programs of not less than 1 school year in
duration, and that all such programs and projects are--
(A) conducted in a manner that provides for
the same parental involvement as is required
for programs and projects under section 1118,
including, to the extent practicable,
descriptions required for parental involvement
under section 1118(a)(3)(A), unless
extraordinary circumstances make such provision
impractical; and
(B) developed in a format and language
understandable to the parents;
(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children and migratory children who
are not attending school;
* * * * * * *
(6) * * *
(A) * * *
* * * * * * *
[(C) family literacy programs, including
such programs that use models developed under
Even Start;]
(C) family literacy programs that are
determined to be high quality;
* * * * * * *
[(7) the State will assist the Secretary in
determining the number of migratory children under
paragraphs (1)(A) and (2)(B)(i) of section 1303(a),
through such procedures as the Secretary may require.]
(7) the State has procedures in place to verify the
accuracy and completeness of any data regarding the
counting of migratory children that is submitted to the
Secretary under this part.
(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children [who are failing, or
most at risk of failing, to meet the State's challenging State
academic content standards and challenging State student
academic achievement standards, and whose education has been
interrupted during the regular school year.]who have made a
move within the previous 1-year period and who--
(1) are failing, or most at risk of failing, to
meet the State college and career ready academic
content standards and student academic achievement
standards adopted under section 1111(a)(1); or
(2) have dropped out of school.
(e) Continuation of Services.--* * *
(1) * * *
(2) a child who is no longer a migratory child may
continue to receive services for [1]one additional
school year, but only if comparable services are not
available through other programs; and
(3) [secondary school students]students who were
eligible for services in secondary school may continue
to be served through credit accrual programs until
graduation.
SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
(a) * * *
(b) Peer Review.--The Secretary [may]shall, to the extent
practicable, review any such application with the assistance
and advice of State officials and other individuals with
relevant expertise.
SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--Each State that receives
assistance under this part shall ensure that the State
and its local operating agencies identify and address
the [special]unique educational needs of migratory
children, consistent with the purposes of this part, in
accordance with a comprehensive State plan that--
(A) is integrated with other programs under
this Act or other Acts, as appropriate;
(B) addresses the unique educational needs
of migratory children;
(C) is developed in collaboration with
parents of migratory children;
(D) is not used to supplant State efforts
regarding, or administrative funding for, this
part;
[(B) may be submitted as a part of a
consolidated application under section 9302,
if--
[(i) the special needs of migratory
children are specifically addressed in
the comprehensive State plan;
[(ii) the comprehensive State plan
is developed in collaboration with
parents of migratory children; and
[(iii) the comprehensive State plan
is not used to supplant State efforts
regarding, or administrative funding
for, this part;]
[(C)](E) provides that migratory children
will have an opportunity to meet the [same
challenging State academic content standards
and challenging State student academic
achievement standards that]same State college
and career ready academic content and student
academic achievement standards adopted under
section 1111(a)(1) that all children are
expected to meet;
[(D)](F) * * *
[(E)](G) * * *
[(F)](H) is the product of joint planning
among such local, State, and Federal programs,
including programs under part A, [early
childhood programs,]early childhood education
programs, and language instruction educational
programs under [part A or B of title III]part A
of title III; and
[(G)](I) * * *
* * * * * * *
(b) Authorized Activities.--
(1) Flexibility.--In implementing the comprehensive
plan described in subsection (a), each State
educational agency, where applicable through its [local
educational]local operating agencies, shall have the
flexibility to determine the activities to be provided
with funds made available under this part, except that
such funds first shall be used to meet the identified
needs of migratory children that result from their
migratory lifestyle, and to permit these children to
participate effectively in school.
[(2) Unaddressed needs.--Funds provided under this
part shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under part A may receive those services through funds
provided under that part, or through funds under this
part that remain after the agency addresses the needs
described in paragraph (1).]
(2) Unmet needs.--Funds provided under this part
shall be used to meet the needs of migratory children
that are not met by services available from other
Federal or non-Federal programs, except that migratory
children who are eligible to receive services under
part A may receive those services through funds
provided under that part or through funds under this
part that remain after the agency meets the needs
described in paragraph (1).
* * * * * * *
(4) Special rule.--Notwithstanding section 1114, a
school that receives funds under this part shall
continue to address the identified needs described in
paragraph (1), and shall meet the [special
educational]unique educational needs of migratory
children before using funds under this part for
schoolwide programs under section 1114.
SEC. 1307. BYPASS.
The Secretary may use all or part of any State's allocation
under this part to [make arrangements with]award grants to, or
enter into contracts with, any public or private nonprofit
agency to carry out the purpose of this part in such State if
the Secretary determines that--
(1) * * *
* * * * * * *
SEC. 1308. [COORDINATION OF MIGRANT EDUCATION ACTIVITIES.]NATIONAL
ACTIVITIES.
(a) Improvement of Coordination.--
(1) In general.--The Secretary, in consultation
with the States, may make grants to, or enter into
contracts with, State educational agencies, local
educational agencies, institutions of higher education,
and other public and private [nonprofit entities to
improve]entities to--
(A) improve the interstate and intrastate
coordination among such agencies' educational
programs, including through the establishment
or improvement of programs for credit accrual
and exchange, available to migratory
students[.]; and
(B) improve the coordination between State
educational agencies, local operating agencies,
and their counterparts in other nations in
educating migratory children who move between
the United States and such nations.
(2) Duration.--Grants or contracts under this
subsection may be awarded for not more than 5 years.
(b) Student Records.--
[(1) Assistance.--The Secretary shall assist States
in developing effective methods for the electronic
transfer of student records and in determining the
number of migratory children in each State.]
(1) Assistance.--In order to determine the number
of migratory children in each State, the Secretary
shall assist each State in maintaining an effective
system for the electronic transfer of student records.
(2) Information system.--
(A) In general.--[The Secretary, in
consultation with the States, shall ensure the
linkage of migrant student record systems for
the purpose of electronically exchanging, among
the States, health and educational information
regarding all migratory students. The Secretary
shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the
States prior to, or developed after, the date
of enactment of the No Child Left Behind Act of
2001, and shall determine the minimum data
elements that each State receiving funds under
this part shall collect and maintain. Such
elements may include--]The Secretary, in
consultation with the States, shall continue to
ensure the linkage of migratory child record
systems for the purpose of electronically
exchanging, within and among the States, health
and educational information regarding all
migratory children eligible under this part.
The Secretary shall ensure such linkage occurs
in a cost-effective manner, utilizing systems
used by the State prior to, or developed after,
the date of enactment of the Strengthening
America's Schools Act of 2013. The Secretary
shall determine the minimum data elements that
each State receiving funds under this part
shall collect, maintain, and exchange, and the
requirements of the linkage system that States
shall meet for the timely submission of access
to such information. Such minimum data elements
may include--
(i) * * *
(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments required under
[section 1111(b)]section 1111(a)(2);
(iii) * * *
* * * * * * *
[(B) Notice and comment.--After consulting
with the States under subparagraph (A), the
Secretary shall publish a notice in the Federal
Register seeking public comment on the proposed
data elements that each State receiving funds
under this part shall be required to collect
for purposes of electronic transfer of
migratory student information and the
requirements that States shall meet for
immediate electronic access to such
information. Such publication shall occur not
later than 120 days after the date of enactment
of the No Child Left Behind Act of 2001.]
(B) Consultation.--The Secretary shall
maintain ongoing consultation with the States,
local educational agencies, and other migratory
student service providers on--
(i) the effectiveness of the system
of electronic records transfer
described in subparagraph (A); and
(ii) the ongoing improvement of
such system.
* * * * * * *
(4) Report to congress.--
(A) In general.--Not later than April 30,
[2003]2014, and every 2 years thereafter, the
Secretary shall report to [the Committee on
Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the
Workforce of the House of Representatives]the
authorizing committees the Secretary's findings
and recommendations regarding the maintenance
and transfer of health and educational
information for migratory students by the
States.
(B) Required contents.--The Secretary shall
include in such report--
(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
(ii) recommendations for [the
development and linkage of]maintaining
such systems; and
(iii) recommendations for [measures
that may be taken to ensure]improving
the continuity of services provided for
migratory students.
(c) Technical Assistance.--The Secretary may provide
technical assistance designed to support State efforts to meet
the needs of migratory children, which may include supporting
the attendance of State and local operating agency staff, and
other appropriate individuals, at special meetings convened by
the Secretary in order to carry out activities consistent with
this section.
(d) Incentive Grants.--From the amounts made available to
carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational
agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary
determines[, pursuant to criteria that the Secretary shall
establish,] will improve the delivery of services to migratory
children [whose education is interrupted]described in section
1304(d).
[(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.]
(e) Improvements and Coordination.--From any funds made
available under this section and remaining after carrying out
the requirements under subsections (b) and (d), the Secretary,
in consultation with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and
other public and private nonprofit entities to improve the
interstate and intrastate coordination among such agencies' and
entities' programs available to migratory students consistent
with this section, including the establishment or improvement
of programs for academic credit accrual and exchange.
[(c)](f) Availability of Funds.--For the purpose of
carrying out this section in any fiscal year, the Secretary
shall reserve not more than $10,000,000 of the amount
appropriated to carry out this part for such year.
SEC. 1309. PERFORMANCE DATA.
Consistent with section 1111(d)(3)(B), and in a manner
prescribed by the Secretary, each State that receives a grant
under this part shall annually submit to the Secretary, and
make public, data on--
(1) the academic achievement of migratory students,
as measured by the State assessments required under
section 1111(a)(2);
(2) such students' high school graduation rates and
rates of enrollment and persistence in, and completion
of a program of study at, institutions of higher
education; and
(3) the results of such other performance measures
and targets as the Secretary may prescribe.
SEC. 1310. EVALUATION AND STUDY.
(a) Program Evaluation.--From the amount reserved for
evaluation activities in accordance with section 9601(a), the
Secretary, acting through the Director of the Institute of
Education Sciences, shall, in consultation with the relevant
program office at the Department, evaluate the implementation
and impact of the activities supported under this part,
consistent with section 9601.
(b) Study.--The Secretary shall conduct a pilot study,
funded as part of the 2014 National Assessment of Educational
Progress, on the feasibility of using the National Assessment
of Educational Progress for assessing and reporting on the
academic achievement of migratory children in grades 4 and 8 in
reading and mathematics.
SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER OF MIGRATORY
CHILDREN.
Each State that desires to receive assistance under this
part shall assist the Secretary in determining the number of
migratory children in such State under paragraphs (1) and (2)
of subsection (a), and subsection (g), of section 1303 through
such procedures as the Secretary may require, except that the
Secretary shall not require additional information that is not
directly related to determining the migratory status of the
child or the administration of this part.
[SEC. 1309]SEC. 1312. DEFINITIONS.
As used in this part:
(1) Food processor.--The term ``food processor''
means a position working with a raw agricultural,
dairy, or fishing product and transforming the product
into a more refined product up to the point of an
initial commercial sale.
(2) Initial commercial sale.--The term ``initial
commercial sale'' means the first point of sale of an
agricultural, dairy, or fishing product--
(A) for refining to the next-stage
processor;
(B) to the wholesaler;
(C) to the retailer; or
(D) directly to the consumer.
[(1)](3) Local operating agency.--The term ``local
operating agency'' means--
(A) a local educational agency to which a
State educational agency makes a subgrant under
this part;
(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
(C) a State educational agency, if the
State educational agency operates the State's
migrant education program or projects directly.
(4) Migratory agricultural worker.--The term
``migratory agricultural worker'' means an individual
who--
(A) made a qualifying move in the preceding
36-month period; and
(B) after making such move, sought or
engaged in employment in agricultural work,
which may be dairy work or the initial
processing of raw agricultural products.
[[(2)](5) Migratory child.--The term ``migratory
child'' means a child who is, or whose parent or spouse
is, a migratory agricultural worker, including a
migratory dairy worker, or a migratory fisher, and who,
in the preceding 36 months, in order to obtain, or
accompany such parent or spouse, in order to obtain,
temporary or seasonal employment in agricultural or
fishing work--
[(A) has moved from one school district to
another;
[(B) in a State that is comprised of a
single school district, has moved from one
administrative area to another within such
district; or
[(C) resides in a school district of more
than 15,000 square miles, and migrates a
distance of 20 miles or more to a temporary
residence to engage in a fishing activity.]
(5) Migratory child.--The term ``migratory child''
means a child who--
(A) is, or whose parent or spouse is, a
migratory agricultural worker or migratory
fisher who is currently engaged in, or seeking
to obtain, temporary or seasonal employment,
usually for not longer than 15 months, in
agricultural or fishing work until the point of
the initial commercial sale (including
employment as a migratory dairy worker, a food
processor, or a migratory fisher); and
(B) in the preceding 36 months--
(i) has moved from 1 school
district to another;
(ii) in a State that is comprised
of a single school district, has moved
from 1 administrative area to another
within such district; or
(iii) resides in a school district
of more than 15,000 square miles, and
migrates a distance of 20 miles or more
to a temporary residence to engage in,
or to accompany a parent or spouse
engaging in, a fishing activity.
(6) Migratory fisher.--The term ``migratory
fisher'' means an individual who made a qualifying move
in the preceding 36 months and, after doing so, sought
or engaged in employment in fishing work.
(7) Qualifying move.--The term ``qualifying
move''--
(A) means--
(i) a move from 1 school district
to another, or from 1 administrative
area to another within a State that is
comprised of a single school district;
and
(ii) in the case of a migratory
fisher who resides in a school district
of more than 15,000 square miles,
includes migrating a distance of 20
miles or more to a temporary residence;
and
(B) with respect to a qualifying move for a
parent or spouse of a migratory child, means a
move described in subparagraph (A) that is
separated by not more than 1 year from the move
or migration described in paragraph (5)(B) of
the migratory child.
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT-RISK
SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.
(a) Purpose.--It is the purpose of this part--
(1) to improve educational services for children
and youth in local and State institutions for neglected
or delinquent children and youth so that such children
and youth have the opportunity to meet the same
[challenging State academic content standards and
challenging State student academic achievement
standards]college and career ready academic content
standards and student academic achievement standards
under section 1111(a)(1) that all children in the State
are expected to meet;
(2) * * *
(3) [to prevent at-risk youth from dropping out of
school, and] to provide dropouts, and children and
youth returning from correctional facilities or
institutions for neglected or delinquent children and
youth, with a support system to ensure their continued
education.
(b) Program Authorized.--In order to carry out the purpose
of this part and from amounts appropriated under section
[1002(d)]3(e), the Secretary shall make grants to State
educational agencies to enable such agencies to award subgrants
to State agencies and local educational agencies to establish
or improve programs of education for neglected, delinquent, or
at-risk children and youth.
SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
(a) Agency Subgrants.--* * *
* * * * * * *
(c) Reservation for the Secretary of the Interior.--From
the amount appropriated for this part in any fiscal year, the
Secretary shall reserve 0.5 percent to provide assistance to
the Secretary of the Interior to provide educational services
for at-risk Indian children, including Indian youth in
correctional facilities operated by the Secretary of the
Interior or by an Indian tribe.
* * * * * * *
SEC. 1412. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--* * *
(A) * * *
* * * * * * *
(b) Subgrants to State Agencies in Puerto Rico.--
(1) In general.--* * *
* * * * * * *
[(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent;
and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.]
(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than 85 percent.
* * * * * * *
SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--* * *
(A) * * *
(B) for assisting in the transition of
children and youth [from]between correctional
facilities [to]and locally operated programs;
and
(C) * * *
(2) Contents.--Each such State plan shall--
(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving the
[academic, vocational, and technical
skills]college and career readiness (as
determined based on the State college and
career ready academic content and student
academic achievement standards under section
1111(a)(1)) of children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State; [and]
(C) contain an assurance that the State
educational agency will--
(i) * * *
* * * * * * *
(iv) provide such other information
as the Secretary may reasonably
require[.]; and
(D) provide assurances that the State
educational agency has established--
(i) procedures to ensure that each
student who has been placed in the
juvenile justice system is promptly re-
enrolled in secondary school or placed
in a re-entry program that best meets
the educational and social needs of the
student;
(ii) procedures for facilitating
the transfer of credits that such
students earned during placement; and
(iii) opportunities for such
students to participate in higher
education or career pathways.
(3) Duration of the plan.--Each such State plan
shall--
(A) * * *
* * * * * * *
(c) State Agency Applications.--* * *
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess and
respond to the educational needs of the children to be
served under this subpart, including an assessment upon
entry into a correctional facility;
* * * * * * *
(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220,
[vocational]career and technical education programs,
State and local dropout prevention programs, and
special education programs;
(9) describes how the State agency will
[encourage]require, to the extent practicable,
correctional facilities receiving funds under this
subpart to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to and after
their incarceration to ensure that student assessments
and appropriate academic records are shared jointly
between the correctional facility and the local
educational agency or alternative education program and
that transition plans are in place;
* * * * * * *
(11) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the transition of such children and
youth [from]between such facility or [institution to
locally operated]institution and locally operated
education programs;
* * * * * * *
(16) provides an assurance that the State agency
will work with children and youth who dropped out of
school before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school and obtain a secondary school diploma once the
term of the incarceration is completed or provide the
child or youth with the skills necessary to gain
employment that leads to economic self-sufficiency,
continue the education of the child or youth, or
achieve a secondary school diploma or its recognized
equivalent if the child or youth does not intend to
return to school;
(17) provides an assurance that certified or
licensed teachers and other qualified staff are trained
to work with children and youth with disabilities and
other students with special needs taking into
consideration the unique needs of such students;
* * * * * * *
SEC. 1415. USE OF FUNDS.
(a) Uses.--
(1) In general.--* * *
(A) * * *
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, [vocational]career or technical
training, further education, or employment.
(2) Programs and projects.--Such programs and
projects--
(A) * * *
(B) shall be designed to support
educational services that--
(i) except for institution-wide
projects under section 1416, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's [challenging academic
content standards and student academic
achievement standards]college and
career ready academic content standards
and student academic achievement
standards under section 1111(a)(1);
(ii) * * *
(iii) afford such children and
youth an opportunity to meet
[challenging]such State academic
achievement standards;
(C) shall be carried out in a manner
consistent with section 1120A and [part I]part
F (as applied to programs and projects under
this part); [and]
(D) may include the costs of meeting the
evaluation requirements of section 9601[.]; and
(E) may include the costs of testing for
such children and youth for a recognized
equivalent of a secondary school diploma.
* * * * * * *
SEC. 1416. INSTITUTION-WIDE PROJECTS.
* * *
(1) * * *
* * * * * * *
(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet [challenging State
academic content standards and student academic
achievement standards]college and career ready academic
content standards and student academic achievement
standards under section 1111(a)(1) in order to improve
the likelihood that the children and youth will
complete secondary school, attain a secondary diploma
or its recognized equivalent, or find employment after
leaving the institution;
(4) describes the instructional program, [pupil
services]specialized instructional support services,
and procedures that will be used to meet the needs
described in paragraph (1), including, to the extent
feasible, the provision of mentors for the children and
youth described in paragraph (1) and the development
and implementation of transition plans;
* * * * * * *
(6) describes the measures and procedures that will
be used to assess and improve student progress;
* * * * * * *
SEC. 1418. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this subpart for any fiscal
year to support--
[(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or]
(1) projects that facilitate the transition of
children and youth between State-operated institutions,
or institutions in the State operated by the Secretary
of the Interior or Indian tribes, and schools served by
local educational agencies or schools funded by the
Bureau of Indian Education; or
(2) the successful reentry of youth offenders, who
are age 20 or younger and have received a secondary
school diploma or its recognized equivalent, into
postsecondary education, or [vocational]career and
technical training programs, through strategies
designed to expose the youth to, and prepare the youth
for, postsecondary education, or [vocational]career and
technical training programs, such as--
(A) preplacement programs that allow
adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through programs
provided in institutional settings;
(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to help
students make a successful transition to
postsecondary education and employment; and
(C) essential support services to ensure
the success of the youth, such as--
(i) personal, [vocational]career
and technical, and academic,
counseling;
* * * * * * *
[SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.
[The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal
year--
[(1) to develop a uniform model to evaluate the
effectiveness of programs assisted under this subpart;
and
[(2) to provide technical assistance to and support
the capacity building of State agency programs assisted
under this subpart.]
SEC. 1419. PROGRAM EVALUATION.
From the amount reserved for evaluation activities in
accordance with section 9601(a), the Secretary, acting through
the Director of the Institute for Education Sciences, shall, in
consultation with the relevant program office of the
Department, evaluate the implementation and impact of the
activities supported under this part, consistent with section
9601.
* * * * * * *
SEC. 1421. PURPOSE.
The purpose of this subpart is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities, including
correctional facilities in the State operated by the Secretary
of the Interior and Indian tribes--
(1) to carry out high quality education programs to
prepare children and youth for secondary school
completion[, training, employment, or further
education] and college and career readiness (as
determined based on the State college and career ready
academic content and student academic achievement
standards under section 1111(a)(1));
* * * * * * *
(3) to operate programs in local schools, including
schools funded by the Bureau of Indian Education, for
children and youth returning from correctional
facilities, and programs which may serve at-risk
children and youth.
* * * * * * *
SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--With funds made available under
section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of children and youth residing in locally operated
(including county operated) correctional facilities for
children and youth (including facilities involved in community
day programs), and including facilities in the State operated
by the Secretary of the Interior and Indian tribes.
* * * * * * *
(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to [meet the
transitional]meet the transitional needs (including the social
and emotional needs) and academic needs of students returning
to local educational agencies, schools funded by the Bureau of
Indian Education, or alternative education programs from
correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
[meeting the transitional]meeting such transitional and
academic needs of the students returning from correctional
facilities.
* * * * * * *
SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
* * *
(1) * * *
(2) a description of formal agreements, regarding
the program to be assisted, between--
(A) the local educational agency or, as
appropriate, an Indian tribe in the State; and
(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system,
including such facilities operated by the
Secretary of the Interior and Indian tribes;
(3) * * *
(4) a description of the process of consultation
and coordination with Indian tribes in the State
regarding services provided under the program to
children and youth who are Indian;
[(4)](5) * * *
[(5)](6) * * *
[(6)](7) as appropriate, a description of how
schools will coordinate with existing social, health,
and other services to meet the needs of students
returning from correctional facilities[, at-risk
children or youth, and other participating children or
youth,] and at-risk children or youth, including
prenatal health care and nutrition services related to
the health of the parent and the child or youth,
parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
[(7)](8) * * *
[(8)](9) as appropriate, a description of how the
program will involve parents and family members in
efforts to improve the educational achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
[(9)](10) a description of how the program under
this subpart will be coordinated with other Federal,
State, and local programs, such as programs under title
I of Public Law 105-220 and [vocational]career and
technical education programs serving at-risk children
and youth;
[(10)](11) * * *
[(11)](12) * * *
[(12)](13) a description of the efforts
participating schools will make to ensure correctional
facilities working with children and youth are aware of
a child's or youth's existing individualized education
program; [and]
[(13)](14) as appropriate, a description of the
steps participating schools will take to find
alternative placements for children and youth
interested in continuing their education but unable to
participate in a regular public school program[.]; and
(15) a description of the demographics of the
children and youth served and an assurance that the
activities under this subpart meet the cultural,
language, and academic needs of such children and
youth.
* * * * * * *
SEC. 1424. USES OF FUNDS.
* * *
(1) * * *
(2) dropout prevention programs which serve at-risk
children and youth[, including pregnant and parenting
teens, children and youth who have come in contact with
the juvenile justice system, children and youth at
least 1 year behind their expected grade level, migrant
youth, immigrant youth, students with limited English
proficiency, and gang members];
* * * * * * *
(4) special programs to meet the unique academic
needs of participating children and youth, including
[vocational and technical education]career and
technical education, costs associated with testing for
a recognized equivalent of a secondary school diploma,
special education, career counseling, curriculum-based
youth entrepreneurship education, and assistance in
securing student loans or grants for postsecondary
education; [and]
(5) programs providing mentoring and peer
mediation[.]; and
(6) programs for at-risk Indian children and youth,
including such children and youth in correctional
facilities in the area served by the local educational
agency that are operated by the Secretary of the
Interior or Indian tribes.
* * * * * * *
SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
* * *
(1) * * *
* * * * * * *
(9) coordinate funds received under this subpart
with other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and [vocational]career and technical
education funds;
(10) coordinate programs operated under this
subpart with activities funded under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable; [and]
(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth[.];
(12) develop an initial educational services and
transition plan for each child or youth served under
this subpart upon entry into the correctional facility,
in partnership with the child's or youth's family
members and the local educational agency that most
recently provided services to the child or youth (if
applicable), consistent with section 1414(a)(1); and
(13) consult with the local educational agency for
a period jointly determined necessary by the
correctional facility and local educational agency upon
discharge from that facility, to coordinate educational
services so as to minimize disruption to the child's or
youth's achievement.
* * * * * * *
[SEC. 1426. ACCOUNTABILITY.
[The State educational agency may--
[(1) reduce or terminate funding for projects under
this subpart if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
[(2) require correctional facilities or
institutions for neglected or delinquent children and
youth to demonstrate, after receiving assistance under
this subpart for 3 years, that there has been an
increase in the number of children and youth returning
to school, obtaining a secondary school diploma or its
recognized equivalent, or obtaining employment after
such children and youth are released.]
SEC. 1426. ACCOUNTABILITY.
The State educational agency--
(1) shall require correctional facilities or
institutions for delinquent children and youth to
annually report on the number of children and youth
released from the correctional facility or institution
who returned or did not return to school, the number of
children and youth obtaining a secondary school diploma
or its recognized equivalent, and the number of
children and youth obtaining employment; and
(2) may require correctional facilities or
institutions for delinquent children and youth to
demonstrate, after receiving assistance under this
subpart for 3 years, that there has been an increase in
the number of children and youth returning to school,
obtaining a secondary school diploma or its recognized
equivalent, or obtaining employment after such children
and youth are released.
* * * * * * *
Subpart 3--General Provisions
SEC. 1431. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each [State agency or local
educational agency]State agency, local educational agency, or
Indian tribe that conducts a program under subpart 1 or 2 shall
evaluate the program, disaggregating data on participation by
gender, race, ethnicity, and age, not less than once every 3
years, to determine the program's impact on the ability of
participants--
(1) to maintain and improve educational
achievement, including the ability to become college
and career ready, as determined under the State
academic content and student academic achievement
standards under section 1111(a)(1), and to graduate
high school in the standard number of years;
(2) * * *
(3) to make the transition to a regular program or
other education program operated by a local educational
agency or school funded by the Bureau of Indian
Education;
* * * * * * *
(b) Exception.--* * *
(c) Evaluation Measures.--In conducting each evaluation
under subsection (a), [a State agency or local educational
agency]a State agency, local educational agency, or Indian
tribe shall use multiple and appropriate measures of student
progress.
[(d) Evaluation Results.--Each State agency and local
educational agency shall--
[(1) submit evaluation results to the State
educational agency and the Secretary; and
[(2) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.]
(d) Evaluation Results.--
(1) In general.--Each State agency, local
educational agency, and Indian tribe shall--
(A) submit evaluation results to the State
educational agency and the Secretary; and
(B) use the results of evaluations under
this section to plan and improve subsequent
programs for participating children and youth.
(2) Results to the secretary of the interior.--Each
Indian tribe shall also submit evaluation results to
the Secretary of the Interior.
* * * * * * *
SEC. 1432. DEFINITIONS.
In this part:
(1) Adult correctional institution.--* * *
[(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school
aged individual who is at-risk of academic failure, has
a drug or alcohol problem, is pregnant or is a parent,
has come into contact with the juvenile justice system
in the past, is at least 1 year behind the expected
grade level for the age of the individual, has limited
English proficiency, is a gang member, has dropped out
of school in the past, or has a high absenteeism rate
at school.]
(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school-
aged individual who--
(A) is at risk of academic failure; and
(B) has a drug or alcohol problem, is
pregnant or is a parent, has come into contact
with the juvenile justice system or has been
determined to be neglected in the past, is a
gang member, or has dropped out of school in
the past.
* * * * * * *
[PART E--NATIONAL ASSESSMENT OF TITLE I]
[SEC. 1501. EVALUATIONS.
[(a) National Assessment of Title I.--
[(1) In general.--The Secretary shall conduct a
national assessment of the programs assisted under this
title and the impact of this title on States, local
educational agencies, schools, and students.
[(2) Issues to be examined.--In conducting the
assessment under this subsection, the Secretary shall
examine, at a minimum, the following:
[(A) The implementation of programs
assisted under this title and the impact of
such implementation on increasing student
academic achievement (particularly in schools
with high concentrations of children living in
poverty), relative to the goal of all students
reaching the proficient level of achievement
based on State academic assessments,
challenging State academic content standards,
and challenging State student academic
achievement standards under section 1111.
[(B) The types of programs and services
that have demonstrated the greatest likelihood
of helping students reach the proficient and
advanced levels of achievement based on State
student academic achievement standards and
State academic content standards.
[(C) The implementation of State academic
standards, assessments, and accountability
systems developed under this title, including--
[(i) the time and cost required for
the development of academic assessments
for students in grades 3 through 8;
[(ii) how well such State
assessments meet the requirements for
assessments described in this title;
and
[(iii) the impact of such
standards, assessments, and
accountability systems on educational
programs and instruction at the local
level.
[(D) Each State's definition of adequate
yearly progress, including--
[(i) the impact of applying this
definition to schools, local
educational agencies, and the State;
[(ii) the number of schools and
local educational agencies not meeting
this definition; and
[(iii) the changes in the
identification of schools in need of
improvement as a result of such
definition.
[(E) How schools, local educational
agencies, and States have--
[(i) publicized and disseminated
the local educational agency report
cards required under section 1111(h)(2)
to teachers, school staff, students,
parents, and the community;
[(ii) used funds made available
under this title to provide preschool
and family literacy services and the
impact of these services on students'
school readiness;
[(iii) implemented the provisions
of section 1118 and afforded parents
meaningful opportunities to be involved
in the education of their children;
[(iv) used Federal, State, and
local educational agency funds and
resources to support schools and
provide technical assistance to improve
the achievement of students in low-
performing schools, including the
impact of the technical assistance on
such achievement; and
[(v) used State educational agency
and local educational agency funds and
resources to help schools in which 50
percent or more of the students are
from families with incomes below the
poverty line meet the requirement
described in section 1119 of having all
teachers highly qualified not later
than the end of the 2005-2006 school
year.
[(F) The implementation of schoolwide
programs and targeted assistance programs under
this title and the impact of such programs on
improving student academic achievement,
including the extent to which schools meet the
requirements of such programs.
[(G) The extent to which varying models of
comprehensive school reform are funded and
implemented under this title, and the effect of
the implementation of such models on improving
achievement of disadvantaged students.
[(H) The costs as compared to the benefits
of the activities assisted under this title.
[(I) The extent to which actions authorized
under section 1116 are implemented by State
educational agencies and local educational
agencies to improve the academic achievement of
students in low-performing schools, and the
effectiveness of the implementation of such
actions, including the following:
[(i) The number of schools
identified for school improvement and
how many years the schools remain in
this status.
[(ii) The types of support provided
by the State educational agencies and
local educational agencies to schools
and local educational agencies
respectively identified as in need of
improvement, and the impact of such
support on student achievement.
[(iii) The number of parents who
take advantage of the public school
choice provisions of this title, the
costs (including transportation costs)
associated with implementing these
provisions, the implementation of these
provisions, and the impact of these
provisions (including the impact of
attending another school) on student
achievement.
[(iv) The number of parents who
choose to take advantage of the
supplemental educational services
option, the criteria used by the States
to determine the quality of providers,
the kinds of services that are
available and utilized, the costs
associated with implementing this
option, and the impact of receiving
supplemental educational services on
student achievement.
[(v) The implementation and impact
of actions that are taken with regard
to schools and local educational
agencies identified for corrective
action and restructuring.
[(J) The extent to which State and local
fiscal accounting requirements under this title
affect the flexibility of schoolwide programs.
[(K) The implementation and impact of the
professional development activities assisted
under this title and title II on instruction,
student academic achievement, and teacher
qualifications.
[(L) The extent to which the assistance
made available under this title, including
funds under section 1002, is targeted to
disadvantaged students, schools, and local
educational agencies with the greatest need.
[(M) The effectiveness of Federal
administration assistance made available under
this title, including monitoring and technical
assistance.
[(N) The academic achievement of the groups
of students described in section
1111(b)(2)(C)(v)(II).
[(O) Such other issues as the Secretary
considers appropriate.
[(3) Sources of information.--In conducting the
assessment under this subsection, the Secretary shall
use information from a variety of sources, including
the National Assessment of Educational Progress
(carried out under section 303 of the National
Assessment of Educational Progress Authorization Act),
State evaluations, and other research studies.
[(4) Coordination.--In carrying out this
subsection, the Secretary shall--
[(A) coordinate the national assessment
under this subsection with the longitudinal
study described in subsection (c); and
[(B) ensure that the independent review
panel described in subsection (d) participates
in conducting the national assessment under
this subsection, including planning for and
reviewing the assessment.
[(5) Developmentally appropriate measures.--In
conducting the national assessment under this
subsection, the Secretary shall use developmentally
appropriate measures to assess student academic
achievement.
[(6) Reports.--
[(A) Interim report.--Not later than 3
years after the date of enactment of the No
Child Left Behind Act of 2001, the Secretary
shall transmit to the President, the Committee
on Education and the Workforce of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate an
interim report on the national assessment
conducted under this subsection.
[(B) Final report.--Not later than 5 years
after the date of enactment of the No Child
Left Behind Act of 2001, the Secretary shall
transmit to the President, 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
final report on the national assessment
conducted under this subsection.
[(b) Studies and Data Collection.--
[(1) In general.--In addition to other activities
described in this section, the Secretary may, directly
or through awarding grants to or entering into
contracts with appropriate entities--
[(A) assess the implementation and
effectiveness of programs under this title;
[(B) collect the data necessary to comply
with the Government Performance and Results Act
of 1993; and
[(C) provide guidance and technical
assistance to State educational agencies and
local educational agencies in developing and
maintaining management information systems
through which such agencies may develop program
performance indicators to improve services and
performance.
[(2) Minimum information.--In carrying out this
subsection, the Secretary shall collect, at a minimum,
trend information on the effect of each program
authorized under this title, which shall complement the
data collected and reported under subsections (a) and
(c).
[(c) National Longitudinal Study.--
[(1) In general.--The Secretary shall conduct a
longitudinal study of schools receiving assistance
under part A.
[(2) Issues to be examined.--In carrying out this
subsection, the Secretary shall ensure that the study
referred to in paragraph (1) provides Congress and
educators with each of the following:
[(A) An accurate description and analysis
of the short- and long-term effect of the
assistance made available under this title on
academic achievement.
[(B) Information that can be used to
improve the effectiveness of the assistance
made available under this title in enabling
students to meet challenging academic
achievement standards.
[(C) An analysis of educational practices
or model programs that are effective in
improving the achievement of disadvantaged
children.
[(D) An analysis of the costs as compared
to the benefits of the assistance made
available under this title in improving the
achievement of disadvantaged children.
[(E) An analysis of the effects of the
availability of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students
have transferred under such options.
[(F) Such other information as the
Secretary considers appropriate.
[(3) Scope.--In conducting the study referred to in
paragraph (1), the Secretary shall ensure that the
study--
[(A) bases its analysis on a nationally
representative sample of schools participating
in programs under this title;
[(B) to the extent practicable, includes in
its analysis students who transfer to different
schools during the course of the study; and
[(C) analyzes varying models or strategies
for delivering school services, including--
[(i) schoolwide and targeted
services; and
[(ii) comprehensive school reform
models.
[(d) Independent Review Panel.--
[(1) In general.--The Secretary shall establish an
independent review panel (in this subsection referred
to as the ``Review Panel'') to advise the Secretary on
methodological and other issues that arise in carrying
out subsections (a) and (c).
[(2) Appointment of members.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall appoint members of the
Review Panel from among qualified individuals
who are--
[(i) specialists in statistics,
evaluation, research, and assessment;
[(ii) education practitioners,
including teachers, principals, and
local and State superintendents;
[(iii) parents and members of local
school boards or other organizations
involved with the implementation and
operation of programs under this title;
and
[(iv) other individuals with
technical expertise who will contribute
to the overall rigor and quality of the
program evaluation.
[(B) Limitations.--In appointing members of
the Review Panel, the Secretary shall ensure
that--
[(i) in order to ensure diversity,
the Review Panel includes individuals
appointed under subparagraph (A)(i) who
represent disciplines or programs
outside the field of education; and
[(ii) the total number of the
individuals appointed under
subparagraph (A)(ii) or (A)(iv) does
not exceed one-fourth of the total
number of the individuals appointed
under this paragraph.
[(3) Functions.--The Review Panel shall consult
with and advise the Secretary--
[(A) to ensure that the assessment
conducted under subsection (a) and the study
conducted under subsection (c)--
[(i) adhere to the highest possible
standards of quality with respect to
research design, statistical analysis,
and the dissemination of findings; and
[(ii) use valid and reliable
measures to document program
implementation and impacts; and
[(B) to ensure--
[(i) that the final report
described in subsection (a)(6)(B) is
reviewed not later than 120 days after
its completion by not less than two
independent experts in program
evaluation (who may be from among the
members of the Review Panel appointed
under paragraph (2));
[(ii) that such experts evaluate
and comment on the degree to which the
report complies with subsection (a);
and
[(iii) that the comments of such
experts are transmitted with the report
under subsection (a)(6)(B).
[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
[(a) In General.--From the funds appropriated for any
fiscal year under section 1002(e)(1), the Secretary may award
grants to State educational agencies, local educational
agencies, other public agencies, nonprofit organizations,
public or private partnerships involving business and industry
organizations, and consortia of such entities to carry out
demonstration projects that show the most promise of enabling
children served under this title to meet challenging State
academic content standards and challenging State student
academic achievement standards.
[(b) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
[(c) Partnerships.--From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or
through grants or contracts, work in partnership with State
educational agencies, local educational agencies, other public
agencies, and nonprofit organizations to disseminate and use
the highest quality research and knowledge about effective
practices to improve the quality of teaching and learning in
schools assisted under this title.
[SEC. 1503. ASSESSMENT EVALUATION.
[(a) In General.--The Secretary shall conduct an
independent study of assessments used for State accountability
purposes and for making decisions about the promotion and
graduation of students. Such research shall be conducted over a
period not to exceed 5 years and shall address the components
described in subsection (d).
[(b) Contract Authorized.--The Secretary is authorized to
award a contract, through a peer review process, to an
organization or entity capable of conducting rigorous,
independent research. The Assistant Secretary of Educational
Research and Improvement shall appoint peer reviewers to
evaluate the applications for this contract.
[(c) Study.--The study shall--
[(1) synthesize and analyze existing research that
meets standards of quality and scientific rigor; and
[(2) evaluate academic assessment and
accountability systems in State educational agencies,
local educational agencies, and schools; and
[(3) make recommendations to the Department and to
the Committee on Education and the Workforce of the
United States House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the United States Senate, based on the findings of the
study.
[(d) Components of the Research Program.--The study
described in subsection (a) shall examine--
[(1) the effect of the assessment and
accountability systems described in section (c) on
students, teachers, parents, families, schools, school
districts, and States, including correlations between
such systems and--
[(A) student academic achievement, progress
to the State-defined level of proficiency, and
progress toward closing achievement gaps, based
on independent measures;
[(B) changes in course offerings, teaching
practices, course content, and instructional
material;
[(C) changes in turnover rates among
teachers, principals, and pupil-services
personnel;
[(D) changes in dropout, grade-retention,
and graduation rates for students; and
[(E) such other effects as may be
appropriate;
[(2) the effect of the academic assessments on
students with disabilities;
[(3) the effect of the academic assessments on low,
middle, and high socioeconomic status students, limited
and nonlimited English proficient students, racial and
ethnic minority students, and nonracial or nonethnic
minority students;
[(4) guidelines for assessing the validity,
reliability, and consistency of those systems using
nationally recognized professional and technical
standards;
[(5) the relationship between accountability
systems and the inclusion or exclusion of students from
the assessment system; and
[(6) such other factors as the Secretary finds
appropriate.
[(e) Reporting.--Not later than 3 years after the contract
described in subsection (b) is awarded, the organization or
entity conducting the study shall submit an interim report to
the Committee on Education and the Workforce of the United
States House of Representatives and the Committee on Health,
Education, Labor and Pensions of the United States Senate, and
to the President and the States, and shall make the report
widely available to the public. The organization or entity
shall submit a final report to the same recipients as soon as
possible after the completion of the study. Additional reports
may be periodically prepared and released as necessary.
[(f) Reservation of Funds.--The Secretary may reserve up to
15 percent of the funds authorized to be appropriated for this
part to carry out the study, except such reservation of funds
shall not exceed $1,500,000.
[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
[(a) Program for Middle School and Secondary School
Students.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
middle school and secondary school students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
programs described in subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by students pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made to
economically disadvantaged middle
school and secondary school students;
[(ii) every effort shall be made to
ensure the participation of students
from rural, small town, and urban
areas;
[(iii) in awarding the fellowships
to economically disadvantaged students,
special consideration shall be given to
the participation of those students
with special educational needs,
including students with disabilities,
ethnic minority students, and students
with migrant parents; and
[(iv) the funds received under this
subsection shall be properly disbursed.
[(b) Program for Middle School and Secondary School
Teachers.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of professional development for middle
school and secondary school teachers and its
programs to increase civic responsibility and
understanding of the Federal Government among
the teachers' students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to teachers who
participate in the programs described in
subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by teachers pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made
only to a teacher who has worked with
at least one student from such
teacher's school who participates in a
program described in subsection
(a)(1)(A);
[(ii) no teacher shall receive more
than one such fellowship in any fiscal
year; and
[(iii) the funds received under
this subsection shall be properly
disbursed.
[(c) Programs for New Americans.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
economically disadvantaged middle school and
secondary school recent immigrant students.
[(B) Definition.--In this subsection, the
term ``recent immigrant student'' means a
student who is a member of a family that
immigrated to the United States within 5 years
of the student's participation in such a
program.
[(C) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged recent immigrant students and
their teachers who participate in the programs
described in subparagraph (A).
[(D) Name of fellowships.--Financial
assistance received by students and teachers
pursuant to this subsection shall be known as
Close Up Fellowships for New Americans.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up Fellowships for New
Americans shall be made to economically
disadvantaged middle school and
secondary school recent immigrant
students;
[(ii) every effort shall be made to
ensure the participation of recent
immigrant students from rural, small
town, and urban areas;
[(iii) in awarding the fellowships
to economically disadvantaged recent
immigrant students, special
consideration shall be given to the
participation of those students with
special educational needs, including
students with disabilities, students
with migrant parents, and ethnic
minority students;
[(iv) fully describe the activities
to be carried out with the proceeds of
the grant made under paragraph (1); and
[(v) the funds received under this
subsection shall be properly disbursed.
[(d) General Provisions.--
[(1) Administrative provisions.--
[(A) Accountability.--In consultation with
the Secretary, the Close Up Foundation shall
devise and implement procedures to measure the
efficacy of the programs authorized in
subsections (a), (b), and (c) in attaining
objectives that include the following:
[(i) Providing young people with an
increased understanding of the Federal
Government.
[(ii) Heightening a sense of civic
responsibility among young people.
[(iii) Enhancing the skills of
educators in teaching young people
about civic responsibility, the Federal
Government, and attaining citizenship
competencies.
[(B) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayments or overpayments.
[(C) Audit rule.--The Comptroller General
of the United States or any of the Comptroller
General's duly authorized representatives shall
have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
[(2) Continuation of awards.--Notwithstanding any
other provision of this Act, any person or entity that
was awarded a grant under part G of title X before the
date of enactment of the No Child Left Behind Act of
2001 shall continue to receive funds in accordance with
the terms of such award until the date on which the
award period terminates under such terms.]
PART E--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE
SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.
(a) Obligations To Collaborate With Child Welfare
Agencies.--
(1) In general.--Each State educational agency
receiving assistance under part A shall collaborate
with the State agency responsible for administering the
State plans under parts B and E of title IV of the
Social Security Act (42 U.S.C. 621 et seq., 670 et
seq.) to develop and implement a plan to ensure that
the following occurs, for each child in the State, when
the child moves to a new school attendance area as a
result of being placed in foster care (as described in
section 1502(1)), changing foster care placements, or
leaving foster care:
(A) Attendance at a school of origin.--
(i) In general.--The child enrolls
or remains in the child's school of
origin, unless a determination is made
that it is in the child's best interest
to attend a different school.
(ii) Limitation.--A child who
leaves foster care shall only be
entitled to remain in the child's
school of origin for the remainder of
the school year.
(B) Immediate enrollment.--When a
determination is made regarding the school that
it is in the best interest of a child in foster
care to attend, the child shall be immediately
enrolled in such school, even if the child is
unable to produce records normally required for
enrollment, such as previous academic records,
immunization and medical records, a birth
certificate, guardianship records, proof of
residency, or other documentation.
(C) Records transfer.--Any records
ordinarily kept by a school, including records
of immunizations, health screenings, and other
required health records, academic records,
birth certificates, evaluations for special
services or programs, and any individualized
education programs (as defined in section 602
of the Individuals with Disabilities Education
Act (20 U.S.C. 1401)), regarding a child in
foster care shall be--
(i) maintained so that the records
involved are available, in a timely
fashion, when a child in foster care
enters a new school; and
(ii) immediately transferred to the
enrolling school, even if the child
owes fees or fines or was not withdrawn
from previous schools in conformance
with local withdrawal procedures.
(2) Implementation.--Each State educational agency
receiving assistance under part A shall ensure that the
plan described in paragraph (1) is implemented by the
local educational agencies in the State.
(b) Credit Transfer and Diplomas.--Each State that receives
assistance under part A shall have policies for ensuring that--
(1) a child in foster care who is changing schools
can transfer school credits and receive partial credits
for coursework satisfactorily completed while attending
a prior school or educational program;
(2) a child in foster care is afforded
opportunities to recover school credits lost due to
placement instability while in foster care; and
(3) a child in foster care who has changed
secondary schools can receive a secondary school
diploma either from one of the schools in which the
child was enrolled or through a State-issued secondary
school diploma system, consistent with State graduation
requirements.
(c) Transportation.--Not later than 1 year after the date
of enactment of the Strengthening America's Schools Act of
2013, the State educational agency shall enter into an
agreement with the State agency responsible for administering
the State plans under parts B and E of title IV of the Social
Security Act to ensure that children in foster care, and
children leaving foster care, who are attending their schools
of origin receive transportation to and from those schools, in
accordance with subsection (a)(1) and with section 475(1)(G) of
the Social Security Act (42 U.S.C. 675(1)(G)). The agreement
shall include a description of the following:
(1) How foster care maintenance payments will be
used to help fund the transportation of children in
foster care to their schools of origin.
(2) How children who leave foster care will receive
transportation to maintain their enrollment in their
schools of origin for the remainder of the academic
year, if remaining in their schools of origin is in
their best interests.
(d) Points of Contact.--
(1) Local educational agencies.--A State that
receives assistance under part A shall ensure that each
local educational agency in the State designates an
individual employed by the agency to serve as a point
of contact for the child welfare agencies responsible
for children in foster care enrolled in the local
educational agency and to oversee the implementation of
the local educational agency requirements under this
section. A local educational agency's point of contact
shall not be the individual designated as its local
educational agency liaison under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act, unless such individual has the
capacity, resources, and time to perform both roles.
(2) State educational agencies.--Each State
educational agency receiving assistance under part A
shall designate an individual to serve as a point of
contact for child welfare agencies and to oversee the
implementation of the State educational agency
requirements under this section. A State educational
agency's point of contact shall not be the individual
designated as the State's Coordinator for Education of
Homeless Children and Youths under section 722(d)(3) of
the McKinney-Vento Homeless Assistance Act, unless such
individual has the capacity, resources, and time to
perform both roles.
SEC. 1502. DEFINITIONS.
In this part:
(1) Child in foster care.--The term ``child in
foster care'' means a child whose care and placement is
the responsibility of the agency that administers a
State plan under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.),
without regard to whether foster care maintenance
payments are made under section 472 of the Social
Security Act (42 U.S.C. 672) on behalf of the child.
(2) School attendance area.--The term ``school
attendance area'' has the meaning given the term in
section 1113(a)(2).
(3) School of origin.--The term ``school of
origin'' means, with respect to a child in foster care,
any of the following:
(A) The public school in which the child
was enrolled prior to entry into foster care.
(B) The public school in which the child is
enrolled when a change in foster care placement
occurs.
(C) The public school the child attended
when last permanently housed, as such term is
used in section 722(g)(3)(G) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11432(g)(3)(G)), if such child was eligible for
assistance under such Act before the child
became a child in foster care.
* * * * * * *
[PART F--COMPREHENSIVE SCHOOL REFORM]
[SEC. 1601. PURPOSE.
[The purpose of this part is to provide financial
incentives for schools to develop comprehensive school reforms,
based upon scientifically based research and effective
practices that include an emphasis on basic academics and
parental involvement so that all children can meet challenging
State academic content and academic achievement standards.]
[SEC. 1602. PROGRAM AUTHORIZATION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to State educational agencies, from
allotments under paragraph (2), to enable the State
educational agencies to award subgrants to local
educational agencies to carry out the purpose described
in section 1601.
[(2) Allotments.--
[(A) Reservations.--Of the amount
appropriated under section 1002(f), the
Secretary may reserve--
[(i) not more than 1 percent for
each fiscal year to provide assistance
to schools supported by the Bureau of
Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands according to their
respective needs for assistance under
this part;
[(ii) not more than 1 percent for
each fiscal year to conduct national
evaluation activities described in
section 1607; and
[(iii) not more than 3 percent of
the amount appropriated in fiscal year
2002 to carry out this part, for
quality initiatives described in
section 1608.
[(B) In general.--Of the amount
appropriated under section 1002(f) that remains
after making the reservation under subparagraph
(A) for a fiscal year, the Secretary shall
allot to each State for the fiscal year an
amount that bears the same ratio to the
remainder for that fiscal year as the amount
made available under section 1124 to the State
for the preceding fiscal year bears to the
total amount made available under section 1124
to all States for that year.
[(C) Reallotment.--If a State does not
apply for funds under this section, the
Secretary shall reallot such funds to other
States that do apply in proportion to the
amount allotted to such other States under
subparagraph (B).]
[SEC. 1603. STATE APPLICATIONS.
[(a) In General.--Each State educational agency that
desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
[(b) Contents.--Each such application shall describe--
[(1) the process and selection criteria by which
the State educational agency, using expert review, will
select local educational agencies to receive subgrants
under this part;
[(2) how the State educational agency will ensure
that funds under this part are limited to comprehensive
school reform programs that--
[(A) include each of the components
described in section 1606(a);
[(B) have the capacity to improve the
academic achievement of all students in core
academic subjects within participating schools;
and
[(C) are supported by technical assistance
providers that have a successful track record,
financial stability, and the capacity to
deliver high quality materials, professional
development for school personnel, and on-site
support during the full implementation period
of the reforms;
[(3) how the State educational agency will
disseminate materials and information on comprehensive
school reforms that are based on scientifically based
research and effective practices;
[(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in
increased student academic achievement; and
[(5) how the State educational agency will provide
technical assistance to the local educational agency or
consortia of local educational agencies, and to
participating schools, in evaluating, developing, and
implementing comprehensive school reform.]
[SEC. 1604. STATE USE OF FUNDS.
[(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A, to support comprehensive school reforms in schools that are
eligible for funds under part A.
[(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
[(1) of sufficient size and scope to support the
initial costs of comprehensive school reforms selected
or designed by each school identified in the
application of the local educational agency or
consortium;
[(2) in an amount not less than $50,000--
[(A) for each participating school; or
[(B) for each participating consortium of
small schools (which for purposes of this
subparagraph means a consortium of small
schools serving a total of not more than 500
students); and
[(3) renewable for two additional 1-year subgrant
periods after the initial 1-year subgrant is made if
the school is or the schools are making substantial
progress in the implementation of reforms.
[(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
[(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
[(2) demonstrate a commitment to assist schools
with budget allocation, professional development, and
other strategies necessary to ensure the comprehensive
school reforms are properly implemented and are
sustained in the future.
[(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary and
secondary students.
[(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and
technical assistance expenses.
[(f) Supplement.--Funds made available under this part
shall be used to supplement, and not supplant, any other
Federal, State, or local funds that would otherwise be
available to carry out the activities assisted under this part.
[(g) Reporting.--Each State educational agency that
receives a grant under this part shall provide to the Secretary
such information as the Secretary may require, including the
names of local educational agencies and schools receiving
assistance under this part, the amount of the assistance, a
description of the comprehensive school reforms selected and
used, and a copy of the State's annual evaluation of the
implementation of comprehensive school reforms supported under
this part and the student achievement results.]
[SEC. 1605. LOCAL APPLICATIONS.
[(a) In General.--Each local educational agency or
consortium of local educational agencies desiring a subgrant
under this part 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 reasonably
require.
[(b) Contents.--Each such application shall--
[(1) identify the schools that are eligible for
assistance under part A and plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
[(2) describe the comprehensive school reforms
based on scientifically based research and effective
practices that such schools will implement;
[(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
comprehensive school reforms based on scientifically
based research and effective practices selected by such
schools; and
[(4) describe how the local educational agency or
consortium will evaluate the implementation of such
comprehensive school reforms and measure the results
achieved in improving student academic achievement.]
[SEC. 1606. LOCAL USE OF FUNDS