[House Report 114-29]
[From the U.S. Government Publishing Office]
114th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 114-29
_______________________________________________________________________
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT
STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND
LOCAL AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN'S
SCHOOLS, AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON RULES
to accompany
H. Res. 125
February 25, 2015.--Referred to the House Calendar and ordered to be
printed
114th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 114-29
======================================================================
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT
STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT STATE AND
LOCAL AUTHORITY, INFORM PARENTS OF THE PERFORMANCE OF THEIR CHILDREN'S
SCHOOLS, AND FOR OTHER PURPOSES
_______
February 25, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 125]
The Committee on Rules, having had under consideration
House Resolution 125, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for further consideration of H.R.
5, the Student Success Act, under a structured rule. The
resolution provides no additional general debate. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 114-
8, modified by the amendment printed in part A of this report,
shall be considered as adopted and the bill, as amended, shall
be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The
resolution makes in order only those further amendments printed
in part B of this report. Each such amendment may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, may be withdrawn by its proponent at any time before
action thereon, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in part B of
this report. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
provisions in the bill, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 27
Motion by Mr. Hastings of Florida to report an open rule.
Defeated: 2-5
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... ............
Mr. Cole........................................ ............ Mr. McGovern...................... ............
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... ............
Mr. Collins..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 28
Motion by Mr. Polis to make in order and provide the
appropriate waivers for amendment #60, offered by Rep. Roybal-
Allard (CA) and Rep. Polis (CO), which adds a requirement that
40% of funding used for blended learning be targeted for
professional development to train teachers on technology. It
also requires states to give funding preference to districts
with high-need schools; amendment #115, offered by Rep. Polis
(CO), which encourages the State to work with charter schools
to promote access for students, including addressing any
barriers based on the transportation needs of the student;
amendment #116, offered by Rep. Polis (CO), which ensures that
the enactment of the Student Success Act would not result in a
lowering of academic standards for students with disabilities
through an overreliance on alternate assessments aligned to
alternate achievement standards; and amendment #123, offered by
Rep. Polis (CO) and Rep. Maloney (NY) and Rep. Pocan (WI) and
Rep. Cicilline (RI) and Rep. Takano (CA) and Rep. Sinema (AZ)
and Rep. Scott (VA), which prohibits discrimination on the
basis of sexual orientation or gender identity in public
schools. Defeated: 2-5
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... ............
Mr. Cole........................................ ............ Mr. McGovern...................... ............
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... ............
Mr. Collins..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED
Kline (MN): Makes technical and clarifying amendments,
including language to clarify the obligation of the Secretary
to ensure student privacy is protected by grantees and to
ensure protection of states' rights when a state accepts
federal funds, and further modifications.
SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER
1. Kennedy (MA), McGovern (MA), Moulton (MA), Capuano (MA),
Neal (MA), Keating (MA), Lynch (MA), Wilson (FL): Authorizes
the STEM Gateways grant program as an allowable use of flexible
funding received by state educational agencies. States could
award grants to LEAs and qualified partner organizations to
support the success of women, minorities, and low-income
students in rigorous STEM academics. (10 minutes)
2. Grothman (WI): Shortens authorization from 2021 to 2018.
(10 minutes)
3. Meeks (NY): Would require that the annual, statewide
assessments measure student growth and require that student
growth be a component of achievement within the accountability
system established by a given state. (10 minutes)
4. Lawrence (MI): Requires that the Secretary of Education
disapprove of any State plan that fails to, in consultation
with State and local education agencies to demonstrate that
there is a separate reporting of academic assessments for
foster youth. (10 minutes)
5. Goodlatte (VA): Would provide flexibility to localities
by providing States with the authority to allow local
educational agencies to administer their own, locally designed
academic assessment system, in place of the State-designed
academic system. The same requirements as laid out by this Act
for State-designed academic assessments would also apply to any
locally designed academic assessment. (10 minutes)
6. Castro (TX): Appoints a neutral Ombudsman within the
Department of Education to ensure K-12 textbooks are held to
high academic standards. (10 minutes)
7. Langevin (RI), Thompson, Glenn (PA): Requires states
applying for funds under title I to show how they would use the
funds to provide apprenticeships that offer academic credit,
and how they would use the funds to provide comprehensive
career counseling to the students. (10 minutes)
8. Barletta (PA): States that if school districts use Title
I money for after school, before school, or summer school
activities, would require them to describe those activities in
their local plans. (10 minutes)
9. Quigley (IL), McKinley (WV), Serrano (NY): Restores the
paraprofessional qualifications that are in place under current
law, which helped stop school districts from hiring
paraprofessionals with little experience in education and no
professional training. Since all districts are in compliance,
and have been since 2006, this amendment would present no new
burden. (10 minutes)
10. Fudge (OH): Ensures continued state investment in
educating students by requiring states to demonstrate that the
level of state and local funding remains constant from year to
year. (10 minutes)
11. DeSaulnier (CA): Requires LEAs to develop agreements
with Head Start and other agencies to carry out early childhood
education activities. (10 minutes)
12. Davis, Rodney (IL), Joyce (OH): Gives certainty to
local and state entitles that currently collective bargaining
agreements must remain in place. A clause currently exists
within Title I of the existing Elementary and Secondary
Education Act to ensure that nothing in federal law can be
construed to upending a state or local's collective bargaining
law, memorandum of understanding and other agreements. This
amendment does not expand any collective bargaining rights that
have been in current law and the provision has been in
existence for twenty years. (10 minutes)
13. Moore, Gwen (WI), Davis, Danny K. (IL), Wilson (FL):
Delays implementation of new Title II formula until the
Secretary of Education determines that the implementation will
not reduce funding for schools serving high percentages of
students in poverty. (10 minutes)
14. McKinley (WV): Establishes a state-led definition of
``workforce critical subjects'', and requires states to provide
an explanation of the subjects they identify as ``workforce
critical''. (10 minutes)
15. Delaney (MD), Young (IN), Polis (CO): Makes Pay For
Success initiatives an allowable use of funds for States and
Local Educational Agencies to improve outcomes and save money
by training and supporting teachers. (10 minutes)
16. Jeffries (NY): Ensures that teachers, parents and other
educational professionals receive education on the harms of
copyright piracy in order to further educate students to that
end. (10 minutes)
17. Clark, Katherine (MA): Clarifies that early childhood
education-focused professional development is an acceptable use
of funds. (10 minutes)
18. Cohen (TN): Allows for Title II funds to be used for
restorative justice and conflict resolution training. (10
minutes)
19. Duffy (WI), Wilson (FL): Requires school districts to
be transparent in providing information to parents at the
beginning of the school year on mandated assessments the
student will have to take during the school year and any school
district policy on assessment participation (10 minutes)
20. Messer, Luke (IN), Polis (CO): Expresses the sense of
Congress that charter schools are a critical part of our
education system in this Nation and that Congress must support
opening more quality charter schools to help students succeed
in their future. (10 minutes)
21. Polis (CO), Rokita (IN): Encourages collaboration and
sharing of best practices between charter schools and local
education agencies. (10 minutes)
22. Kelly, Robin (IL): Requires Statewide Family Engagement
Centers to conduct training programs in the community to
improve adult literacy, including financial literacy. (10
minutes)
23. Bonamici (OR), Costello (PA): Allows State educational
agencies and eligible entities to use Local Academic Flexible
Grant funds to audit and streamline assessment systems,
eliminates unnecessary assessments, and improves the use of
assessments. (10 minutes)
24. Polis (CO): Allows grants to be used for the creation
and distribution of open access textbooks and open educational
resources. (10 minutes)
25. Jackson Lee (TX): Supports accountability-based
programs and activities that are designed to enhance school
safety, which may include research-based bullying prevention,
cyberbullying prevention, disruption of recruitment activity by
groups or individuals involved in violent extremism, and gang
prevention programs as well as intervention programs regarding
bullying. (10 minutes)
26. Wilson (FL): Provides for Intensive Care Reading Labs
and for specialization of school staffing for the purposes of
basic skills in language arts, mathematics, and science in
grades 1-3 as allowable uses in block grant funding. (10
minutes)
27. Courtney (CT): Amends 20 U.S.C. 7703 to increase weight
of non-connected children residing in public-private venture
(PPV) housing located on military property for the purposes of
Impact Aid basic support payment calculations. (10 minutes)
28. Nolan (MN), McCollum (MN), Kirkpatrick (AZ), Lujaan
(NM), Ruiz (CA): Amends the current stated policy of the United
States with respect to the education of Indian children to
ensure that Indian children do not attend school in buildings
that are dilapidated or deteriorating, as part of the unique
and continuing trust relationship with, and responsibility to,
the Indian people. (10 minutes)
29. Davis, Susan (CA), Dold (IL), Polis (CO): Clarifies the
definition of `school leader' such that it explicitly refers to
a school principal as opposed to an off-site administrator. (10
minutes)
30. Zeldin (NY): Allows a State to withdraw from the Common
Core Standards or any other specific standards. (10 minutes)
31. Hurd (TX): Expresses the sense of Congress that
students' personally identifiable information is important to
protect as applied to current law and this act. (10 minutes)
32. Grayson (FL): Requires the Secretary of Education to
conduct an assessment of the impact of school start times on
student health, well-being, and performance. (10 minutes)
33. Wilson (FL): Provides for school dropout prevention and
reentry and provides grants to raise academic achievement
levels for all students. (10 minutes)
34. Castro (TX), Stivers (OH): Improves college and career
readiness for homeless youth by requiring the State to include
in the State Plan a description of how such youth would receive
assistance from counselors to advise, prepare, and improve
college readiness. (10 minutes)
35. Carson (IN): Advances assessments of student
achievement and instructional practices, effective teacher
preparation and continuing professional development, education
administration, and international comparisons. The amendment
supports development of a national research strategy to ensure
that students, particularly at risk students, have effective
teachers and are being prepared for the future. (10 minutes)
36. Collins, Doug (GA): Improves accountability and ensures
proper oversight of taxpayer funds authorized by this
legislation. (10 minutes)
37. Dold (IL): Ensures that federal education dollars go
toward their intended use for student benefit in the classroom
by clarifying that funds received under the Elementary and
Secondary Education Act shall not be diverted by the states to
fill prior unfunded liability shortfalls in teacher pension
programs. When a state receives funds under ESEA and
distributes those funds to LEAs, this amendment prohibits the
state from requiring LEAs to make a contribution to a pension
program that is in excess of the ``normal cost'' of that
teacher's participation in the pension program. (10 minutes)
38. Flores (TX): Reaffirms students', teachers' and school
administrators' right to exercise religion. In addition, it is
the sense of Congress that schools examine their policies to
ensure students and teachers are fully able to participate in
activities on school grounds related to their religious
freedom. (10 minutes)
39. Brownley (CA): Creates a grant program for states to
create or expand biliteracy seal programs to recognize student
proficiency in speaking, reading, and writing in both English
and a second language for graduating high school seniors. (10
minutes)
40. Loebsack (IA): Supports the expansion of the use of
digital learning through competitive grants to partnerships to
implement and evaluate the results of technology-based learning
practices, strategies, tools, or programs at rural schools. (10
minutes)
41. Meng (NY): Authorizes--but does not appropriate funds--
for the Secretary of Education to provide grants for: early-
childhood education scholarships, professional development and
licensing credentials, or increased compensation for educators
who have attained specific qualifications.
Requires each state that desires a grant to include a
description of its comprehensive early childhood professional
development system in its application, and grant recipients
must maintain their fiscal effort for the activities supported
by the grant funds for a fiscal year at levels equal to or
greater than their fiscal effort for such activities during the
preceding fiscal year. (10 minutes)
42. Schrader (OR), Polis (CO): Establishes a pilot program
to award competitive grants to local education agencies to
support career and technical education programs that were
impacted or eliminated due to recent economic events. (10
minutes)
43. Thompson, Bennie (MS): Requires that The Student
Success Act shall not go into effect until the Secretary of
Education determines that its enactment will not reduce the
college and career readiness of racial or ethnic minority
students, students with disabilities, English learners, and
low-income students and provides written notification to
Congress on such determination. (10 minutes)
44. Scott, Bobby (VA): This amendment repeals H.R. 5 and
replaces the bill text with a substitute amendment that
provides robust funding levels, replaces the outdated, rigid
mandates of No Child Left Behind, and maintains civil rights
and equity protections that ensure all students graduate from
high school college- and career-ready. (20 minutes)
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
Page 31, line 20, insert ``, on an annual and subject-by-
subject basis,'' after ``determining''.
Page 31, line 25, strike ``are informed'' and insert ``are
clearly informed, as part of the process for developing the
Individualized Education Program (as defined in section
614(d)(1)(A) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(A)),''.
Page 32, line 8, insert ``as defined in section 6101(36)(A)''
after ``diploma''.
Page 32, after line 8, insert the following (and redesignate
provisions accordingly):
``(iiii) ensures that students with
the most significant cognitive
disabilities who take an alternate
assessment based on alternate academic
achievement standards are not precluded
from attempting to complete the
requirements for a regular secondary
school diploma, as determined by the
State;
Page 45, after line 2, insert the following:
``(6) Rule of construction.--A State plan shall be
presumed approved upon submission unless the Secretary
finds that the plan does not meet one of the required
elements, but in no case shall a deficiency be found
due to the content of the material submitted.''
Page 47, after line 13, insert the following (and redesignate
provisions accordingly):
``(iv) the number, percentage, and
disability category of students with
significant cognitive disabilities
participating in the alternate
assessments described in subsection
(b)(2)(C) (except that such reporting
shall not be required in a case in
which the results would reveal
personally identifiable information
about an individual student);
Page 85, strike lines 20 through 23, and insert the
following:
``(K) at what time and where services will be
provided; and
Page 231, after line 3, insert the following:
``(7) A description of how the State will establish,
implement, or improve policies and procedures on
background checks for school employees and contractors
who have direct unsupervised access to students, which
may be conducted and administered by the State or local
educational agencies, including by--
``(A) expanding the registries or
repositories searched when conducting
background checks, including--
``(i) the State criminal registry or
repository of the State in which the
school employee resides;
``(ii) the State-based child abuse
and neglect registries and databases of
the State in which the school employee
resides;
``(iii) the Federal Bureau of
Investigation fingerprint check using
the Integrated Automated Fingerprint
Identification System;
``(iv) the National Sex Offender
Registry established under the Adam
Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16901 et seq.); and
``(v) the National Crime Information
Center;
``(B) establishing, implementing, or
improving policies and procedures that prohibit
employing as a school employee an individual
who--
``(i) refuses to consent to a
background check;
``(ii) makes false statements in
connection with a background check;
``(iii) has been convicted of a
felony, consisting of--
``(I) homicide;
``(II) child abuse or
neglect;
``(III) a crime against
children, including child
pornography;
``(IV) domestic violence;
``(V) a crime involving rape
or sexual assault;
``(VI) kidnaping;
``(VII) arson; or
``(VIII) physical assault,
battery, or a drug-related
offense, committed on or after
the date that is 5 years before
the date of the individual's
criminal background check;
``(iv) has been convicted of any
other crimes, as determined by the
State; or
``(v) is registered or required to be
registered on a State sex offender
registry or the National Sex Offender
Registry established under the Adam
Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16901 et seq.);
``(C) establishing, implementing, or
improving policies and procedures for States,
local educational agencies, or schools to
provide the results of background checks to--
``(i) individuals subject to the
background checks in a statement that
indicates whether the individual is
ineligible for such employment due to
the background check and includes
information related to each
disqualifying crime;
``(ii) the employer in a statement
that indicates whether a school
employee is eligible or ineligible for
employment, without revealing any
disqualifying crime or other related
information regarding the individual;
``(iii) another employer in the same
State or another State, as permitted
under State law, without revealing any
disqualifying crime or other related
information regarding the individual;
and
``(iv) another local educational
agency in the same State or another
State that is considering such school
employee for employment, as permitted
under State law, without revealing any
disqualifying crime or other related
information regarding the individual;
and
``(D) developing, implementing, or improving
mechanisms to assist local educational agencies
and schools in effectively recognizing and
quickly responding to incidents of child abuse
by school employees.
Page 234, line 17, strike ``teachers and school leaders'''
and insert ``teachers, school leaders, and if appropriate,
specialized instructional support personnel''.
Page 239, beginning on line 8, strike ``teachers and school
leaders''' and insert ``teachers, school leaders, and if
appropriate, specialized instructional support personnel''.
Page 243, line 6, strike the final quotation marks and period
at the end.
Page 243, after line 6, insert the following:
``SEC. 2134. EMPLOYEE TRANSFERS.
``A local educational agency or State educational agency
shall be ineligible for funds under this Act if such agency
knowingly facilitates the transfer of any employee if the
agency knows, or has probable cause to believe, that the
employee engaged in sexual misconduct with a student.''.
Page 262, line 22, strike ``and'' at the end
Page 263, line 2, strike the period at the end and insert ``;
and''.
Page 263, after line 2, insert the following:
``(C) has a timely and efficient approval
process to approve or disapprove a teacher or
school leader preparation academy.
Page 345, line 4, strike ``(I) or (III)'' and insert ``(I),
(II), or (IV)''.
Page 348, after line 9, insert the following (and redesignate
provisions accordingly):
``(II) educational service
agency;
Page 348, line 12, strike ``(I) or (II)'' and insert ``(I),
(II), or (III)''.
Beginning on page 381, strike line 24 through page 383, line
4, and insert the following:
(e) Hold Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is
amended to read as follows:
``(e) Hold Harmless.--The maximum amount that a local
educational agency is eligible to receive, as calculated under
paragraph (1)(C), (2)(C), or (2)(D) of subsection (b), shall
not be less than 90 percent of the calculated maximum amount
that was used to determine the local educational agency's
payment for subsection (b)(1) or (b)(2) in the previous fiscal
year for a period not to exceed 3 consecutive fiscal years, if
such agency meets the eligibility requirements of paragraph
(1)(B) or (2)(B) of subsection (b).''.
Page 563, after line 15, insert the following:
``SEC. 6532. SCHOOLCHILDREN'S PROTECTION FROM ABORTION PROVIDERS.
``(a) Limitation on Funding.--Notwithstanding section 6102,
no funds under this Act may be used by any State educational
agency or local educational agency that enters into a contract
or other agreement with a school-based health center relating
to the provision of health services to students served by the
agency unless such center certifies that--
``(1) the center will not perform an abortion; and
``(2) the center will not provide abortion-related
materials, referrals, or directions for abortion
services to any such student.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prevent a school-based health center from
providing non-abortion health services to pregnant students.
``(c) School-based Health Center.--In this section, the term
`school-based health center' has the meaning given such term in
section 2110(c)(9) of the Social Security Act (42 U.S.C.
1397jj(c)(9)).''.
Beginning on page 570, strike line 1 through page 572, line
24 (and redesignate provisions accordingly).
Page 574, beginning on line 19, strike ``AND PARENTAL RIGHTS
OVER THE EDUCATION OF THEIR CHILDREN''.
Page 574, line 24, strike ``No'' and insert ``In order to
ensure local control over the acceptance of federal funds,
no''.
Page 575, line 6, strike ``have waived'' through
``assistance'' on line 9, and insert ``have affirmatively
agreed to abide by the conditions attached to the receipt of
such funds'''.
Page 575, line 23, strike ``waiving the State's rights''
through ``assistance'' on line 25 and insert ``has
affirmatively agreed to abide by the conditions attached to the
receipt of such funds'''.
Page 576, after line 21, insert the following (and
redesignate provisions accordingly):
``(e) Rule of Construction.--Nothing in this section shall be
construed to allow the Secretary to condition the receipt of
any grant funds under this Act on the adoption of any specific
standards, including the Common Core State Standards,
assessments, or curriculum.
Page 577, after line 25, insert the following:
``SEC. 6565. PRIVACY.
``The Secretary shall ensure each grantee receiving funds
under this Act understands the importance of privacy
protections for students and is aware of their responsibilities
under section 444 of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the `Family Education Rights
and Privacy Act of 1974').
Page 620, after line 8, add the following:
SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.
To ensure any misuse of taxpayer funds is stopped or
prevented before it occurs, the Secretary of Education--
(1) shall ensure that each recipient of a grant or
subgrant under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) prominently
displays the Department of Education Office of
Inspector General hotline contact information so any
individual who observes, detects, or suspects improper
use of taxpayer funds can easily report such improper
use;
(2) annually shall notify employees of the Department
of Education of their responsibility to report fraud;
and
(3) shall ensure that applicants for grants or
subgrants under such Act are aware of their requirement
to submit truthful and accurate information when
applying for grants or subgrants and responding to
monitoring and compliance reviews.
----------
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Kennedy of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 11, after line 2, insert the following new subparagraph:
``(F) Section 152 of the Student Success
Act.''.
Page 225, after line 17, insert the following new section:
SEC. 152. STEM GATEWAY GRANT PROGRAM.
(a) Program Authorized.--A State educational agency shall
award grants to eligible entities, on a competitive basis, to
enable such eligible entities to carry out programs described
in subsection (d) to achieve, with respect to women and girls,
underrepresented minorities, and individuals from all economic
backgrounds (including economically disadvantaged individuals
and individuals living in economically distressed areas), 1 or
more of the following goals:
(1) Encourage interest in the STEM fields at the
elementary school or secondary school levels.
(2) Motivate engagement in STEM fields by providing
relevant hands-on learning opportunities at the
elementary school and secondary school levels.
(3) Support classroom success in STEM disciplines at
the elementary school or secondary school levels.
(4) Support workforce training and career preparation
in STEM fields at the secondary school level.
(5) Improve access to career and continuing education
opportunities in STEM fields at the secondary school
level.
(b) Limitation.--A State educational agency may award grants
under this section for not longer than a 5-year period.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an
application to the State educational agency at such
time, in such manner, and containing such information
as the State educational agency may reasonably require.
(2) Contents.--An application submitted under
paragraph (1) shall contain--
(A) in the case of an eligible entity that
plans to use the grant funds at the elementary
school level--
(i) a description of the programs the
eligible entity will carry out to
achieve 1 or more of the goals
described in paragraphs (1) through (3)
of subsection (a) at the elementary
school level, including the content of
the programs and research and models
used to design the programs; and
(ii) a description of how the
programs described in clause (i) will
support the success of women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) in STEM education,
such as--
(I) recruiting women and
girls, underrepresented
minorities, and individuals
from all economic backgrounds
(including economically
disadvantaged individuals and
individuals living in
economically distressed areas)
to participate in the programs;
(II) supporting educators who
will lead the programs, and
participants in the programs;
(III) encouraging
partnerships between in-school
and out-of-school educators,
such as afterschool providers,
science centers, and museums;
(IV) identifying public and
private partners that are able
to support the programs; and
(V) planning for sustaining
the programs financially beyond
the grant period; and
(B) in the case of an eligible entity that
plans to use the grant funds at the secondary
school level--
(i) a description of the programs the
eligible entity will carry out to
achieve 1 or more of the goals
described in paragraphs (1) through (5)
of subsection (a) at the secondary
school level, including the content of
the programs and research and models
used to design the programs;
(ii) a description of how the
programs described in clause (i) will
support the success of women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) in STEM education and
workforce training that prepares such
individuals to take advantage of
employment opportunities in STEM
fields, such as--
(I) recruiting women and
girls, underrepresented
minorities, and individuals
from all economic backgrounds
(including economically
disadvantaged individuals and
individuals living in
economically distressed areas)
to participate in the programs;
(II) supporting educators who
will lead such programs, and
participants in the programs;
(III) identifying public and
private partners that are able
to support the programs;
(IV) partnering with
institutions of higher
education or institutions
providing informal science
education, such as afterschool
programs and science centers
and museums;
(V) partnering with
institutions of higher
education; and
(VI) planning for sustaining
the programs financially beyond
the grant period;
(iii) a review of the industry and
business workforce needs, including the
demand for workers with knowledge or
training in a STEM field; and
(iv) an analysis of job openings that
require knowledge or training in a STEM
field.
(d) Funds.--
(1) Required use of funds.--An eligible entity that
receives a grant under this section shall use such
grant funds to carry out programs to achieve 1 or more
of the goals described in subsection (a) at the
elementary school or secondary school levels, with
respect to women and girls, underrepresented
minorities, and students from all economic backgrounds
(including economically disadvantaged individuals and
students living in economically distressed areas).
(2) Authorized use of funds.--The programs described
in paragraph (1) may include any of the following
activities, with respect to the individuals described
in paragraph (1):
(A) Carrying out the activities described in
subparagraph(A)(ii) or B)(ii) of subsection
(c)(2), as appropriate.
(B) Providing professional development for
teachers, afterschool providers, and other
school personnel in elementary schools or
secondary schools, including professional
development to encourage, through academic
instruction and support, such individuals to
pursue advanced classes and careers in STEM
fields.
(C) Providing tutoring and mentoring programs
in STEM fields.
(D) Establishing partnerships with
institutions of higher education, potential
employers, and other industry stakeholders that
expose such individuals to professionals in
STEM fields, or providing opportunities for
postsecondary academic credits or credentials.
(E) Providing after-school activities and
other informal learning opportunities designed
to encourage interest and develop skills in
STEM fields.
(F) Providing summer programs to extend
learning time and to deepen the skills and
interest in STEM fields of such individuals.
(G) Purchasing and utilizing--
(i) educational or instructional
materials that are designed to improve
educational outcomes in STEM fields,
and will serve to deepen the skills and
interest in STEM fields of such
individuals; or
(ii) equipment, instrumentation, or
hardware used to teach and encourage
interest in STEM fields.
(H) Internships or opportunities for
experiential learning in STEM fields.
(e) Report.--
(1) Eligible entities.--Each eligible entity
receiving a grant under this section shall, on an
annual basis, submit a report to the State educational
agency on the use of funds and the number of students
who participated in the programs carried out with the
grant funds.
(2) State educational agency.--Each State educational
agency shall, on an annual basis, submit to the
Secretary a report on the use of funds and the number
of students who participated in the programs carried
out in the State with the grant funds.
(3) Secretary.--The Secretary shall, on an annual
basis, and using the reports received under paragraph
(2), report to Congress on the overall impact and
effectiveness of the grant program under this section.
(f) Definitions.--In this section:
(1) ESEA definitions.--The terms ``educational
service agency'', ``elementary school'', ``local
educational agency'', ``institution of higher
education'', ``secondary school'', ``Secretary'', and
``State'' have the meanings given the terms in section
6101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community
college'' has the meaning given the term ``junior or
community college'' in section 312 of the Higher
Education Act of 1965 (20 U.S.C. 1058).
(3) Economically disadvantaged individual.--The term
``economically disadvantaged individual'' has the
meaning given the term in section 400.4 of title 34,
Code of Federal Regulations, as such section is in
effect on the date of enactment of this Act.
(4) Economically distressed area.--The term
``economically distressed area'' means a county or
equivalent division of local government of a State in
which, according to the most recently available data
from the Bureau of the Census, 40 percent or more of
the residents have an annual income that is at or below
the poverty level.
(5) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency;
(B) an educational service agency serving
more than 1 local educational agency;
(C) a consortium of local educational
agencies;
(D) a nonprofit organization that--
(i) works with elementary schools,
secondary schools, or institutions of
higher education; and
(ii) has demonstrated a commitment to
achieving the goals described in
paragraphs (1) through (4) of
subsection (a); or
(E) a community college working in
partnership with secondary schools to create
opportunities for dual enrollment, credit
transfer, or accelerated postsecondary
credentialing.
(6) Partners.--The term ``partners'' means
organizations that employ workers in STEM-related
careers or organizations with demonstrated expertise in
identifying, scaling, and implementing successful
practices in STEM education and workforce development.
(7) STEM.--The term ``STEM'' means--
(A) science, technology, engineering, and
mathematics; and
(B) other academic subjects that build on the
subjects described in subparagraph (A), such as
computer science.
(8) Underrepresented minority.--The term
``underrepresented minority'' has the meaning given the
term ``minority'' in section 637.4(b) of title 34, Code
of Federal Regulations, as such section is in effect on
the date of enactment of this Act.
----------
2. An Amendment To Be Offered by Representative Grothman of Wisconsin
or His Designee, Debatable for 10 Minutes
Page 5, lines 4, 7, 16, 20, and 24, strike ``2021'' and
insert ``2018''.
Page 6, lines 4, 10, 16, 21, and 25, strike ``2021'' and
insert ``2018''.
Page 7, line 4, strike ``2021'' and insert ``2018''.
Page 450, lines 19 and 23, strike ``2021'' and insert
``2018''.
Page 461, line 17, strike ``2021'' and insert ``2018''.
Page 484, line 11, strike ``2021'' and insert ``2018''.
Page 619, line 7, strike ``2021'' and insert ``2018''.
----------
3. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Page 27, beginning on line 10, strike ``, at the State's
discretion,''.
Page 35, line 24, strike ``may'' and insert ``shall''.
----------
4. An Amendment To Be Offered by Representative Lawrence of Michigan or
Her Designee, Debatable for 10 Minutes
Page 30, line 14, after the second comma, insert ``by status
as a student in foster care,''.
----------
5. An Amendment To Be Offered by Representative Goodlatte of Virginia
or His Designee, Debatable for 10 Minutes
Page 35, after line 7, insert the following:
``(G) Locally designed assessment system.--
Nothing in this paragraph shall be construed to
prohibit a local educational agency from
administering its own assessments in lieu of
the State-designed academic assessment system
under this paragraph, if--
``(i) the local educational agency
obtains approval from the State to
administer a locally designed academic
assessment system;
``(ii) such assessments provide data
that is comparable among all local
educational agencies within the State;
and
``(iii) the locally designed academic
assessment system meets the
requirements for the assessments under
subparagraph (B), except the
requirement under clause (ii) of such
subparagraph.
----------
6. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Page 40, after line 3, insert the following:
``(8) Ombudsman for textbook standards.--The
Secretary shall appoint an ombudsman who is dedicated
to overseeing and resolving State disputes on textbooks
standards for K-12 grade levels in order to ensure that
States are held accountable for upholding the highest
academic standards for K-12 textbooks.''.
----------
7. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Page 58, strikes lines 12 through 14 and insert the
following:
``(B) work-based learning opportunities that
provide students in-depth interaction with
industry professionals for the purposes of
gaining experience and, if appropriate,
academic credit;''.
Page 58, line 19, strike the period and insert ``; and''.
Page 58, after line 19, insert the following:
``(16) if appropriate, how the local educational
agency will use funds under this subpart to train
school counselors to effectively provide students
relevant information regarding their individual career
and postsecondary education goals.''.
----------
8. An Amendment To Be Offered by Representative Barletta of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 58, line 14, strike ``and''.
Page 58, line 19, strike the period and insert ``; and''.
Page 58, after line 19, insert the following:
``(16) if appropriate, how the local educational
agency will use funds under this subpart to support
activities that coordinate and integrate before-school
and after-school programs, and summer school programs.
----------
9. An Amendment To Be Offered by Representative Quigley of Illinois or
His Designee, Debatable for 10 Minutes
Strike section 119 and insert the following new section:
SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS.
Section 1119 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6319) is amended--
(1) by striking subsections (a), (b), (d), (i), (j),
(k), and (l);
(2) by redesignating subsection (c) as subsection
(a);
(3) by redesignating subsections (e) through (h) as
subsections (b) through (e), respectively;
(4) in subsection (a), as redesignated by paragraph
(2), by striking ``hired after the date of enactment of
the No Child Left Behind Act of 2001 and'';
(5) in subsection (b), as redesignated by paragraph
(3), by striking ``Subsections (c) and (d)'' and
inserting ``Subsection (a)''; and
(6) in the section heading, by striking ``TEACHERS
AND''.
----------
10. An Amendment To Be Offered by Representative Fudge of Ohio or Her
Designee, Debatable for 10 Minutes
Page 92, strike lines 8 through 14 and insert the following:
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended by striking
``part'' each place such term appears and inserting
``subpart''.
Page 563, after line 16, insert the following (and
redesignate provisions accordingly):
``SEC. 6541. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of the agency
and the State with respect to the provision of free public
education by the agency for the preceding fiscal year was not
less than 90 percent of the combined fiscal effort or aggregate
expenditures for the second preceding fiscal year.
``(b) Reduction in Case of Failure to Meet.--
``(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion by which a local educational agency fails to
meet the requirement of subsection (a) of this section
by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using
the measure most favorable to the local agency).
``(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) of this section for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would be
equitable due to--
``(1) exceptional or uncontrollable circumstances,
such as a natural disaster; or
``(2) a precipitous decline in the financial
resources of the local educational agency.''.
----------
11. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes
Page 92, strike lines 19 and 20 and insert the following:
(2) in subsection (a)--
(A) by striking ``such as the Early Reading
First program''; and
(B) by adding at the end the following new
sentence: ``Each local educational agency shall
develop agreements with such Head Start
agencies and other entities to carry out such
activities.''; and
----------
12. An Amendment To Be Offered by Representative Davis of Illinois or
His Designee, Debatable for 10 Minutes
Page 225, line 17, strike the final quotation marks and
period at the end.
Page 225, after line 17, insert the following:
``SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded
to school or local educational agency employees under Federal,
State, or local laws (including applicable regulations or court
orders) or under the terms of collective bargaining agreements,
memoranda of understanding, or other agreements between such
employers and their employees.''.
----------
13. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 229, line 1, after ``the Secretary'' insert ``makes a
determination in writing to Congress for that fiscal year that
the level and quality of educational services to individuals
age 5 through 17 from families with incomes below the poverty
line has not decreased since the date of enactment of the
Student Success Act and''
----------
14. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
Page 231, after line 3, insert the following:
``(7) A description of any subjects the State has
identified as being workforce critical subjects
pursuant to section 2234(6).''.
Page 266, line 20, strike the closing quotation marks and the
last period.
Page 266, after line 20, insert the following:
``(6) Workforce critical subject.--The term
`workforce critical subject' means an academic subject
of urgent importance to the current and future
workforce needs of the State, including science,
technology, engineering, math, and any other subject
that has been identified by the State, in consultation
with employer, workforce, community, educator, parent
and professional stakeholders.''.
----------
15. An Amendment To Be Offered by Representative Delaney of Maryland or
His Designee, Debatable for 10 Minutes
Page 235, line 4, strike ``and'' at the end.
Page 235, line 9, strike the period at the end and insert ``;
and''.
Page 235, after line 9, insert the following:
``(F) Support State or local pay for success
initiatives that meet the purposes of this
part.''.
Page 241, line 4, strike ``or'' at the end.
Page 241, line 7, strike the period at the end and insert ``;
or''.
Page 241, after line 7, insert the following:
``(10) carrying out activities related to pay for
success initiatives that meet the purposes of this
part.''.
Page 250, after line 20, insert the following:
``(ix) Supporting State or local pay
for success initiatives that meet the
purposes of this part.''.
Page 257, line 25, strike ``and'' at the end.
Page 258, line 3, strike the period at the end and insert ``;
and''.
Page 258, after line 3, insert the following:
``(I) carrying out activities related to pay
for success initiatives that meet the purposes
of this part.''.
Page 508, after line 17, insert the following (and
redesignate the succeeding provisions accordingly):
``(34) Pay for success initiatives.--The term `pay
for success initiatives' means initiatives--
``(A) that produce a measurable, clearly
defined outcome that results in social benefit
and direct cost savings to the local, State, or
Federal Government;
``(B) except as provided in subparagraph
(D)(i), that make payments only when agreed-
upon outcomes are achieved;
``(C) for which a feasibility study is
conducted on the initiative describing how the
proposed intervention is based on strong or
moderate evidence of effectiveness and how the
initiative will meet the requirements of
subparagraph (A); and
``(D) for which--
``(i) an evaluation, which may be
paid for out of funding for the pay for
success initiative without respect to a
successful outcome, is included that
uses experimental designs using random
assignment or other research
methodologies that allow for the
strongest possible causal inferences
when random assignment is not feasible
by an independent evaluator to
determine whether the initiative has
met the outcomes described in
subparagraph (A); and
``(ii) the State or local educational
agency produces an annual, publicly
available report on the progress of the
initiative in meeting the requirements
of subparagraph (A), as appropriate.''.
----------
16. An Amendment To Be Offered by Representative Jeffries of New York
or His Designee, Debatable for 10 Minutes
Page 240, line 14, strike ``technology,'' and insert
``technology (including education about the harms of copyright
piracy),''.
Page 338, line 5, strike ``technology,'' and insert
``technology (including education about the harms of copyright
piracy),''.
Page 355, line 4, strike ``technology,'' and insert
``technology (including education about the harms of copyright
piracy),''.
Page 511, line 6, strike ``technology,'' and insert
``technology (including education about the harms of copyright
piracy),''.
----------
17. An Amendment To Be Offered by Representative Clark of Massachusetts
or Her Designee, Debatable for 10 Minutes
Page 240, line 15, strike ``or'' at the end.
Page 240, insert the following after line 20:
``(I) professional development for teachers,
principals and other school administrators in
early elementary grades that includes
specialized knowledge about child development
and learning, developmentally-appropriate
curricula and teaching practices, meaningful
family engagement and collaboration with early
care and education programs;
``(J) professional development, including
through joint professional development
opportunities, for early childhood educators,
teachers, principals, specialized instructional
support personnel, and other school leaders; or
``(K) training on child development,
improving instruction, and closing achievement
gaps;''
----------
18. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Page 240, line 15, strike ``or'' at the end.
Page 240, line 20, add ``or'' at the end.
Page 240, insert the following after line 20:
``(I) professional development on restorative
justice and conflict resolution;''
----------
19. An Amendment To Be Offered by Representative Duffy of Wisconsin or
His Designee, Debatable for 10 Minutes
Page 268, line 9, before the period insert ``any assessments
mandated by the State educational agency or local educational
agency for the student for that school year, and any local
educational agency policy regarding student participation in
such assessments''.
----------
20. An Amendment To Be Offered by Representative Messer of Indiana or
His Designee, Debatable for 10 Minutes
Page 270, line 6, amend the section header for section 3101
so that it reads ``SENSE OF CONGRESS; PURPOSE''.
Page 270, after line 6, insert the following:
``(a) Sense of Congress.--
``(1) Findings.--The Congress finds the following:
``(A) The number of public charter schools
has dramatically increased in recent years.
Between the 2008-2009 school year and the 2013-
2014 school year, there was a 77 percent
increase in the number of students attending
public charter schools and a 39 percent
increase in the number of schools.
``(B) Charter schools serve a very diverse
population of students. Nationally, 57 percent
of students enrolled in charter schools are
minority students, while only 39 percent of
students in non-charter public schools are
minority students.
``(C) For the 2014-2015 school year, there
are more than 6700 public charter schools
serving about 2.9 million students. This
represents a 4 percent growth in the number of
open charter schools, and a 14 percent increase
in student enrollment from the 2013-2014 school
year.
``(D) There are more than one million student
names on charter school waiting lists.
``(E) Charter schools are open in areas where
students need better education options,
including areas that serve economically
disadvantaged kids. Almost 50 percent of the
students attending charter schools qualify for
free or reduced priced lunch, a slightly larger
percentage than non-charter public schools.
``(F) Charter schools serve students in all
areas, from urban cities to rural towns through
traditional brick and mortar schools, blended
learning models, and online programs, giving
parents across the Nation options to find the
best learning environment for their children.
``(G) Charter schools give parents the
opportunity to find the right place for their
child to learn. Whether they are looking for
digital learning, Montessori, or a more
structured environment, charter schools provide
a variety of education options for families.
``(H) Charter schools have strong
accountability to parents and the community
because they have to meet the same State
academic accountability requirements as all
other public schools, satisfy the terms of
their charter with their authorizing authority,
and satisfy parents who have selected the
school for their children.
``(2) Sense of congress.--It is the sense of the
Congress that charter schools are a critical part of
our education system in this Nation and the Congress
believes we must support opening more quality charter
schools to help students succeed in their future.
Page 270, line 7, strike ``It'' and insert the following:
``(b) Purpose.--It
----------
21. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Page 284, line 8, strike ``and''.
Page 284, line 14, insert ``and'' after the semicolon.
Page 284, after line 14, insert the following:
``(iii) is working to develop or
strengthen a cohesive strategy to
encourage collaboration between charter
schools and local educational agencies
on the sharing of best practices;''.
----------
22. An Amendment To Be Offered by Representative Kelly of Illinois or
Her Designee, Debatable for 10 Minutes
Page 336, after line 20, insert the following:
``(7) An assurance that the applicant will conduct
training programs in the community to improve adult
literacy, including financial literacy.''.
----------
23. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee, Debatable for 10 Minutes
Beginning on page 342, strike line 13 through page 343, line
24, and insert the following:
``(3) State activities and state administration.--A
State educational agency may reserve not more than 17
percent of the amount allotted to the State under
subsection (b) for each fiscal year for the following:
``(A) Not more than 5 percent of such amount
for each fiscal year for--
``(i) the administrative costs of
carrying out its responsibilities under
this part;
``(ii) monitoring and evaluation of
programs and activities assisted under
this part;
``(iii) providing training and
technical assistance under this part;
``(iv) statewide academic focused
programs; or
``(v) sharing evidence-based and
other effective strategies with
eligible entities.
``(B) To do one or more of the following:
``(i) To pay the costs of developing
the State assessments and standards
required under section 1111(b), which
may include the costs of working, at
the sole discretion of the State, in
voluntary partnerships with other
States to develop such assessments and
standards.
``(ii) If the State has developed the
assessments and standards required
under section 1111(b), to administer
those assessments or carry out other
activities related to ensuring that the
State's schools and local educational
agencies are helping students meet the
State's academic standards under such
section.
``(iii) To conduct an audit of State
assessments and report, in a publicly
available format, the findings of such
audit, which may include assessment
purposes, costs, schedule of
administration and dissemination of
results, description of alignment with
the State's academic standards, and
description of policies for inclusion
of all students.
``(iv) To develop and implement a
plan to improve the State assessment
system, which may include efforts, if
appropriate as determined by the
State--
``(I) to reduce the number of
assessments administered;
``(II) to provide
professional development on
assessment and data literacy;
``(III) to ensure the
quality, validity, and
reliability of assessments; or
``(IV) to improve the use of
assessments by decreasing the
time between administering
assessments and releasing
assessment data.
``(C) Not more than 5 percent of such amount
for each fiscal year for awarding blended
learning projects under paragraph (4).''.
Page 355, after line 15, insert the following (and
redesignate succeeding provisions accordingly):
``(2) Streamlining assessment systems.--An eligible
entity that receives an award under this part may use
such funds--
``(A) to conduct an audit of the local
assessments administered by the local
educational agency and report, in a publicly
available format, the findings of such audit,
which may include such findings as described
under section 3202(c)(3)(B)(iii); and
``(B) to develop and implement a plan, in
collaboration with local stakeholders, which
may include efforts, if appropriate as
determined by the eligible entity, as described
under section 3202(c)(3)(B)(iv).''.
----------
24. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Page 343, after line 24, insert the following new
subparagraph:
``(H) Awarding grants for the creation and
distribution of open access textbooks and open
educational resources.''.
----------
25. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 354, line 19, strike ``two'' and insert ``three''.
Page 355, after line 15, insert the following:
``(iii) Accountability-based programs
and activities that are designed to
enhance school safety, which may
include research-based bullying
prevention, cyberbullying prevention,
disruption of recruitment activity by
groups or individuals involved in
violent extremism, and gang prevention
programs, as well as intervention
programs regarding bullying.''.
----------
26. An Amendment To Be Offered by Representative Wilson of Florida or
Her Designee, Debatable for 10 Minutes
Page 354, line 19, strike ``two categories'' and insert
``four categories''.
Page 355, after line 15, insert the following:
``(iii) Establishing, expanding, or
maintaining intensive care reading
laboratories to assist elementary
school students who are reading at
below grade level.
``(iv) Enabling elementary schools to
provide instruction in language arts,
mathematics, and science in grades 1
through 3 through teachers who are
specialized in language arts,
mathematics, or science, respectively.
----------
27. An Amendment To Be Offered by Representative Courtney of
Connecticut or His Designee, Debatable for 10 Minutes
Page 366, line 5, strike ``and''.
Page 366, after line 5, insert the following:
(2) in paragraph (1)(E)--
(A) by striking ``(E)'' and inserting
``(E)(i)'';
(B) by striking the semicolon and inserting
``; or''; and
(C) by adding at the end the following:
``(ii) resided on Federal property under
lease under subchapter IV of chapter 169 of
title 10, United States Code;''; and
Page 366, line 6, strike ``(2)'' and insert ``(3)''.
----------
28. An Amendment To Be Offered by Representative Nolan of Minnesota or
His Designee, Debatable for 10 Minutes
Page 391, line 19, add at the end after the period the
following: ``It is further the policy of the United States to
ensure that Indian children do not attend school in buildings
that are dilapidated or deteriorating, which may negatively
affect the academic success of such children.''.
----------
29. An Amendment To Be Offered by Representative Davis of California or
Her Designee, Debatable for 10 Minutes
Page 514, line 9, strike ``of the school'' and insert ``in
the school building''.
----------
30. An Amendment To Be Offered by Representative Zeldin of New York or
His Designee, Debatable for 10 Minutes
Page 563, after line 15, insert the following:
``SEC. 6532. STATE CONTROL OVER STANDARDS.
``(a) In General.--Nothing in this Act shall be construed to
prohibit a State from withdrawing from the Common Core State
Standards or any other specific standards.
``(b) Prohibition.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants,
contracts or other cooperative agreements, through waiver
granted under section 6401 or through any other authority, take
any action against a State that exercises its rights under
subsection (a).''.
----------
31. An Amendment To Be Offered by Representative Hurd of Texas or His
Designee, Debatable for 10 Minutes
Page 574, after line 17, insert the following:
``SEC. 6552. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.
``(a) Findings.--The Congress finds as follows:
``(1) Students' personally identifiable information
is important to protect.
``(2) Students' information should not be shared with
individuals other than school officials in charge of
educating those students without clear notice to
parents.
``(3) With the use of more technology, and more
research about student learning, the responsibility to
protect students' personally identifiable information
is more important than ever.
``(4) Regulations allowing more access to students'
personal information could allow that information to be
shared or sold by individuals who do not have the best
interest of the students in mind.
``(5) The Secretary has the responsibility to ensure
every entity that receives funding under this Act holds
any personally identifiable information in strict
confidence.
``(b) Sense of Congress.--It is the sense of the Congress
that the Secretary should review all regulations addressing
issues of student privacy, including those under this Act, and
ensure that students' personally identifiable information is
protected.
----------
32. An Amendment To Be Offered by Representative Grayson of Florida or
His Designee, Debatable for 10 Minutes
Page 574, after line 17, insert the following:
``SEC. 6552. STUDY ON SCHOOL START TIMES.
``The Secretary shall conduct an assessment of the impact of
school start times on student health, well-being, and
performance.''.
----------
33. An Amendment To Be Offered by Representative Wilson of Florida or
Her Designee, Debatable for 10 Minutes
In title VI of the Elementary and Secondary Education Act of
1965, as proposed to be amended by section 601(a) of the bill--
(1) redesignate part F as part G (and redesignate
provisions accordingly); and
(2) insert after part E the following:
``PART F--SCHOOL DROPOUT PREVENTION
``SEC. 6571. SHORT TITLE.
``This part may be cited as the `Dropout Prevention Act'.
``SEC. 6572. PURPOSE.
``The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants that--
``(1) challenge all children to attain their highest
academic potential; and
``(2) ensure that all students have substantial and
ongoing opportunities to attain their highest academic
potential through schoolwide programs proven effective
in school dropout prevention and reentry.
``SEC. 6573. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $125,000,000 for fiscal year 2016
and such sums as may be necessary for each of the 5 succeeding
fiscal years, of which--
``(1) 10 percent shall be available to carry out
subpart 1 for each fiscal year; and
``(2) 90 percent shall be available to carry out
subpart 2 for each fiscal year.
``Subpart 1--Coordinated National Strategy
``SEC. 6581. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary is authorized--
``(1) to collect systematic data on the effectiveness
of the programs assisted under this part in reducing
school dropout rates and increasing school reentry and
secondary school graduation rates;
``(2) to establish a national clearinghouse of
information on effective school dropout prevention and
reentry programs that shall disseminate to State
educational agencies, local educational agencies, and
schools--
``(A) the results of research on school
dropout prevention and reentry; and
``(B) information on effective programs, best
practices, and Federal resources to--
``(i) reduce annual school dropout
rates;
``(ii) increase school reentry; and
``(iii) increase secondary school
graduation rates;
``(3) to provide technical assistance to State
educational agencies, local educational agencies, and
schools in designing and implementing programs and
securing resources to implement effective school
dropout prevention and reentry programs;
``(4) to establish and consult with an interagency
working group that shall--
``(A) address inter- and intra-agency program
coordination issues at the Federal level with
respect to school dropout prevention and
reentry, and assess the targeting of existing
Federal services to students who are most at
risk of dropping out of school, and the cost-
effectiveness of various programs and
approaches used to address school dropout
prevention and reentry;
``(B) describe the ways in which State
educational agencies and local educational
agencies can implement effective school dropout
prevention and reentry programs using funds
from a variety of Federal programs, including
the programs under this part; and
``(C) examine Federal programs that may have
a positive impact on secondary school
graduation or school reentry;
``(5) to carry out a national recognition program in
accordance with subsection (b) that recognizes schools
that have made extraordinary progress in lowering
school dropout rates; and
``(6) to use funds made available for this subpart to
carry out the evaluation required under section
1830(c).
``(b) Recognition Program.--
``(1) Establishment.--The Secretary shall--
``(A) establish a national recognition
program; and
``(B) develop uniform national guidelines for
the recognition program that shall be used to
recognize eligible schools from nominations
submitted by State educational agencies.
``(2) Recognition.--The Secretary shall recognize,
under the recognition program established under
paragraph (1), eligible schools.
``(3) Support.--The Secretary may make monetary
awards to an eligible school recognized under this
subsection in amounts determined appropriate by the
Secretary that shall be used for dissemination
activities within the eligible school district or
nationally.
``(4) Definition of eligible school.--In this
subsection, the term `eligible school' means a public
middle school or secondary school, including a charter
school, that has implemented comprehensive reforms that
have been effective in lowering school dropout rates--
``(A) for all students in that secondary
school or charter school;
``(B) For students in one or more of the
subgroups described in section
1111(b)(2)(B)(xii); or
``(C) in the case of a middle school, for all
students or for students in one or more of the
subgroups described in section
1111(b)(2)(B)(xii) with a higher than average
dropout rate in the secondary school that the
middle school feeds students into.
``(c) Capacity Building.--
``(1) In general.--The Secretary, through a contract
with one or more non-Federal entities, may conduct a
capacity building and design initiative in order to
increase the types of proven strategies for school
dropout prevention and reentry that address the needs
of an entire school population rather than a subset of
students.
``(2) Number and duration.--
``(A) Number.--The Secretary may award not
more than five contracts under this subsection.
``(B) Duration.--The Secretary may award a
contract under this subsection for a period of
not more than 5 years.
``(d) Support for Existing Reform Networks.--
``(1) In general.--The Secretary may provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials,
development, and staff assistance to schools assisted
under this part.
``(2) Definition of eligible entity.--In this
subsection, the term `eligible entity' means an entity
that, prior to the date of enactment of the Dropout
Prevention Act--
``(A) provided training, technical
assistance, and materials related to school
dropout prevention or reentry to 100 or more
elementary schools or secondary schools; and
``(B) developed and published a specific
educational program or design related to school
dropout prevention or reentry for use by the
schools.
``Subpart 2--School Dropout Prevention Initiative
``SEC. 6591. DEFINITIONS.
``In this subpart:
``(1) Low-income student.--The term `low-income
student' means a student who is determined by a local
educational agency to be from a low-income family using
the measures described in section 1113(c).
``(2) State.--The term `State' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Bureau of Indian Affairs for purposes of serving
schools funded by the Bureau.
``SEC. 6592. PROGRAM AUTHORIZED.
``(a) Grants to State Educational Agencies and Local
Educational Agencies.--
``(1) Amount less than $75,000,000.--
``(A) In general.--If the amount appropriated
under section 6573 for a fiscal year equals or
is less than $75,000,000, then the Secretary
shall use such amount to award grants, on a
competitive basis, to--
``(i) State educational agencies to
support activities--
``(I) in schools that--
``(aa) serve students
in grades 6 through 12;
and
``(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
``(II) in the middle schools
that feed students into the
schools described in subclause
(I); or
``(ii) local educational agencies
that operate--
``(I) schools that--
``(aa) serve students
in grades 6 through 12;
and
``(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
``(II) middle schools that
feed students into the schools
described in subclause (I).
``(B) Use of grant funds.--Grant funds
awarded under this paragraph shall be used to
fund effective, sustainable, and coordinated
school dropout prevention and reentry programs
that may include the activities described in
subsection (b)(2), in--
``(i) schools serving students in
grades 6 through 12 that have annual
school dropout rates that are above the
State average annual school dropout
rate; or
``(ii) the middle schools that feed
students into the schools described in
clause (i).
``(2) Amount less than $250,000,000 but more than
$75,000,000.--If the amount appropriated under section
6573 for a fiscal year is less than $250,000,000 but
more than $75,000,000, then the Secretary shall use
such amount to award grants, on a competitive basis, to
State educational agencies to enable the State
educational agencies to award subgrants under
subsection (b).
``(3) Amount equal to or exceeds $250,000,000.--If
the amount appropriated under section 6573 for a fiscal
year equals or exceeds $250,000,000, then the Secretary
shall use such amount to award a grant to each State
educational agency in an amount that bears the same
relation to such appropriated amount as the amount the
State educational agency received under part A for the
preceding fiscal year bears to the amount received by
all State educational agencies under such part for the
preceding fiscal year, to enable the State educational
agency to award subgrants under subsection (b).
``(b) Subgrants to Local Educational Agencies.--
``(1) In general.--From amounts made available to a
State educational agency under paragraph (2) or (3) of
subsection (a), the State educational agency shall
award subgrants, on a competitive basis, to local
educational agencies that operate public schools that
serve students in grades 6 through 12 and that have
annual school dropout rates that are above the State
average annual school dropout rate, to enable those
schools, or the middle schools that feed students into
those schools, to implement effective, sustainable, and
coordinated school dropout prevention and reentry
programs that involve activities such as--
``(A) professional development;
``(B) obtaining curricular materials;
``(C) release time for professional staff to
obtain professional development;
``(D) planning and research, including the
development of early warning indicator systems
in middle schools designed to identify students
who are at risk of dropping out of high school
and to guide preventative and recuperative
school improvement strategies, including--
``(i) identifying and analyzing the
academic risk factors that most
reliable predict dropouts by using
longitudinal data of past cohorts of
students;
``(ii) identifying specific
indicators of student progress and
performance, such as attendance,
academic performance in core courses,
and credit accumulation, to guide
decision making;
``(iii) identifying or developing a
mechanism for regularly collecting and
analyzing data about the impact of
interventions on the indicators of
student progress and performance; and
``(iv) analyzing academic indicators
to determine whether students are on
track to graduate secondary school in
the standard number of years;
``(E) remedial education;
``(F) reduction in pupil-to-teacher ratios;
``(G) efforts to meet State student academic
achievement standards;
``(H) counseling and mentoring for at-risk
students, including the creation of
individualized student success plans;
``(I) implementing comprehensive school
reform models, such as creating smaller
learning communities; and
``(J) school reentry activities.
``(2) Amount.--Subject to paragraph (3), a subgrant
under this subpart shall be awarded--
``(A) in the first year that a local
educational agency receives a subgrant payment
under this subpart, in an amount that is based
on factors such as--
``(i) the size of schools operated by
the local educational agency;
``(ii) costs of the model or set of
prevention and reentry strategies being
implemented; and
``(iii) local cost factors such as
poverty rates;
``(B) in the second year, in an amount that
is not less than 75 percent of the amount the
local educational agency received under this
subpart in the first such year;
``(C) in the third year, in an amount that is
not less than 50 percent of the amount the
local educational agency received under this
subpart in the first such year; and
``(D) in each succeeding year, in an amount
that is not less than 30 percent of the amount
the local educational agency received under
this subpart in the first year.
``(3) Duration.--A subgrant under this subpart shall
be awarded for a period of 3 years, and may be
continued for a period of 2 additional years if the
State educational agency determines, based on the
annual reports described in section 1830(a), that
significant progress has been made in lowering the
annual school dropout rate for secondary schools
participating in the program assisted under this
subpart.
``SEC. 6593. APPLICATIONS.
``(a) In General.--To receive--
``(1) a grant under this subpart, a State educational
agency or local educational agency shall submit an
application and plan to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require; and
``(2) a subgrant under this subpart, a local
educational agency shall submit an application and plan
to the State educational agency at such time, in such
manner, and accompanied by such information as the
State educational agency may reasonably require.
``(b) Contents.--
``(1) State educational agency and local educational
agency.--Each application and plan submitted under
subsection (a) shall--
``(A) include an outline--
``(i) of the State educational
agency's or local educational agency's
strategy for reducing the State
educational agency or local educational
agency's annual school dropout rate;
``(ii) for targeting secondary
schools, and the middle schools that
feed students into those secondary
schools, that have the highest annual
school dropout rates; and
``(iii) for assessing the
effectiveness of the efforts described
in the plan;
``(B) contain an identification of the
schools in the State or operated by the local
educational agency that have annual school
dropout rates that are greater than the average
annual school dropout rate for the State;
``(C) describe the instructional strategies
to be implemented, how the strategies will
serve all students, and the effectiveness of
the strategies;
``(D) describe a budget and timeline for
implementing the strategies;
``(E) contain evidence of coordination with
existing resources;
``(F) provide an assurance that funds
provided under this subpart will supplement,
and not supplant, other State and local funds
available for school dropout prevention and
reentry programs; and
``(G) describe how the activities to be
assisted conform with research knowledge and
evidence-based school dropout prevention and
reentry programs.
``(2) Local educational agency.--Each application and
plan submitted under subsection (a) by a local
educational agency shall contain, in addition to the
requirements of paragraph (1)--
``(A) an assurance that the local educational
agency is committed to providing ongoing
operational support for such schools to address
the problem of school dropouts for a period of
5 years; and
``(B) an assurance that the local educational
agency will support the plan, including--
``(i) provision of release time for
teacher training;
``(ii) efforts to coordinate
activities for secondary schools and
the middle schools that feed students
into those secondary schools; and
``(iii) encouraging other schools
served by the local educational agency
to participate in the plan.
``SEC. 6594. STATE RESERVATION.
``A State educational agency that receives a grant under
paragraph (2) or (3) of section 1822(a) may reserve not more
than 5 percent of the grant funds for administrative costs and
State activities related to school dropout prevention and
reentry activities, of which not more than 2 percent of the
grant funds may be used for administrative costs.
``SEC. 6595. STRATEGIES AND CAPACITY BUILDING.
``Each local educational agency receiving a grant or subgrant
under this subpart and each State educational agency receiving
a grant under this subpart shall implement scientifically
based, sustainable, and widely replicated strategies for school
dropout prevention and reentry. The strategies may include--
``(1) specific strategies for targeted purposes, such
as--
``(A) effective early intervention programs
designed to identify at-risk students;
``(B) effective programs serving at-risk
students, including racial and ethnic
minorities and pregnant and parenting
teenagers, designed to prevent such students
from dropping out of school; and
``(C) effective programs to identify and
encourage youth who have already dropped out of
school to reenter school and complete their
secondary education; and
``(2) approaches such as breaking larger schools down
into smaller learning communities and other
comprehensive reform approaches, creating alternative
school programs, and developing clear linkages to
career skills and employment.
``SEC. 6596. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.
``(a) State Educational Agency Review and Award.--The State
educational agency shall review applications submitted under
section 1823(a)(2) and award subgrants to local educational
agencies with the assistance and advice of a panel of experts
on school dropout prevention and reentry.
``(b) Eligibility.--A local educational agency is eligible to
receive a subgrant under this subpart if the local educational
agency operates a public school (including a public alternative
school)--
``(1) that is eligible to receive assistance under
part A; and
``(2)(A) that serves students 50 percent or more of
whom are low-income students; or
``(B) in which a majority of the students come from
feeder schools that serve students 50 percent or more
of whom are low-income students.
``SEC. 6597. COMMUNITY BASED ORGANIZATIONS.
``A local educational agency that receives a grant or
subgrant under this subpart and a State educational agency that
receives a grant under this subpart may use the funds to secure
necessary services from a community-based organization or other
government agency if the funds are used to provide school
dropout prevention and reentry activities related to schoolwide
efforts.
``SEC. 6598. TECHNICAL ASSISTANCE.
``Notwithstanding any other provision of law, each local
educational agency that receives funds under this subpart shall
use the funds to provide technical assistance to secondary
schools served by the agency that have not made progress toward
lowering annual school dropout rates after receiving assistance
under this subpart for 2 fiscal years.
``SEC. 6599. SCHOOL DROPOUT RATE CALCULATION.
``For purposes of calculating an annual school dropout rate
under this subpart, a school shall use the annual event school
dropout rate for students leaving a school in a single year
determined in accordance with the National Center for Education
Statistics' Common Core of Data.
``SEC. 6600. REPORTING AND ACCOUNTABILITY.
``(a) Local Educational Agency Reports.--
``(1) In general.--To receive funds under this
subpart for a fiscal year after the first fiscal year
that a local educational agency receives funds under
this subpart, the local educational agency shall
provide, on an annual basis, a report regarding the
status of the implementation of activities funded under
this subpart, and the dropout data for students at
schools assisted under this subpart, disaggregated by
each subgroup described in section 1111(b)(2)(B)(xii),
to the--
``(A) Secretary, if the local educational
agency receives a grant under section
1822(a)(1); or
``(B) State educational agency, if the local
educational agency receives a subgrant under
paragraph (2) or (3) of section 1822(a).
``(2) Dropout data.--The dropout data under paragraph
(1) shall include annual school dropout rates for each
fiscal year, starting with the 2 fiscal years before
the local educational agency received funds under this
subpart.
``(b) State Report on Program Activities.--Each State
educational agency receiving funds under this subpart shall
provide to the Secretary, at such time and in such format as
the Secretary may require, information on the status of the
implementation of activities funded under this subpart and
outcome data for students in schools assisted under this
subpart.
``(c) Accountability.--The Secretary shall evaluate the
effect of the activities assisted under this subpart on school
dropout prevention compared, if feasible, to a control group
using control procedures. The Secretary may use funds
appropriated for subpart 1 to carry out this evaluation.
``SEC. 6601. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) the development, establishment, implementation,
or enforcement of zero-tolerance school discipline
policies unless otherwise required by Federal law; or
``(2) law enforcement agencies or local police
departments serving a school or local educational
agency--
``(A) with substantial documented excesses or
racial disparities in the use of exclusionary
discipline;
``(B) operating under an open school
desegregation order, whether court-ordered or
voluntary;
``(C) operating under a pattern or practice
or practice consent decree for civil rights
violations; or
``(D) already receiving substantial Federal
funds for the placement of law enforcement in
schools.''.
----------
34. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Page 596, after line 15, insert the following:
``(K) A description of how such youths will
receive assistance from counselors to advise,
prepare, and improve the readiness of such
youths for college.
----------
35. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
At the end of title VI, add the following new section:
SEC. 605. DEVELOPMENT OF A NATIONAL RESEARCH STRATEGY.
Not later than 180 days after the date of the enactment of
the Student Success Act, the Secretary of Education shall
develop a national research strategy with respect to elementary
and secondary education that includes advancing--
(1) an annual measure of student learning, including
a system of assessments;
(2) effective teacher preparation and continuing
professional development;
(3) education administration; and
(4) international comparisons of education.
----------
36. An Amendment To Be Offered by Representative Collins of Georgia or
His Designee, Debatable for 10 Minutes
Page 620, after line 8, add the following (and amend the
table of contents accordingly):
SEC. 802. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING AND OVERSIGHT.
To ensure better monitoring and oversight of taxpayer funds
authorized to be appropriated under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and
to deter and prohibit waste, fraud, and abuse of such funds,
the Secretary of Education--
(1) shall ensure that each recipient of a grant or
subgrant under such Act is aware of--
(A) their responsibility to comply with all
monitoring requirements under the applicable
program or programs;
(B) their further responsibility to monitor
properly any sub-grantee under the applicable
program or programs; and
(C) the Secretary's schedule for monitoring
and any other compliance reviews to ensure
proper use of Federal funds;
(2) shall review and analyze the results of
monitoring and compliance reviews--
(A) to understand trends and identify common
issues; and
(B) to issue guidance to help grantees
address these issues before the loss or misuse
of taxpayer funding occurs;
(3) shall publically report the work undertaken by
the Secretary to prevent fraud, waste, and abuse,
including specific cases where the Secretary found and
prevented the misuse of taxpayer funds; and
(4) shall work with the Office of Inspector General
in the Department of Education as needed to help ensure
that employees of such department understand how to
monitor grantees properly and to help grantees monitor
any sub-grantees properly.
----------
37. An Amendment To Be Offered by Representative Dold of Illinois or
His Designee, Debatable for 10 Minutes
Add at the end of title VIII the following:
SEC. 8__. PROHIBITION OF USING EDUCATION FUNDS FOR EXCESS PAYMENTS TO
CERTAIN RETIREMENT OR PENSION SYSTEMS.
(a) In General.--No State receiving funds authorized under
this Act or the amendments made by this Act may require any
local educational agency using funds authorized under this Act
to hire or pay the salary of teachers to use such funds to make
contributions to a teacher retirement or pension system for a
plan year in excess of the normal cost of pension benefits for
such plan year for which the employing local educational agency
has responsibility.
(b) Normal Cost Defined.--For purposes of this section, the
term ``normal cost'' means the portion of the cost of projected
benefits allocated to the current plan year, not including any
unfunded liabilities the teacher retirement or pension system
has accrued.
----------
38. An Amendment To Be Offered by Representative Flores of Texas or His
Designee, Debatable for 10 Minutes
Add at the end the following:
SEC. 802. SENSE OF CONGRESS ON THE FREE EXERCISE OF RELIGION.
It is the sense of Congress that--
(1) a student, teacher, or school administrator
retains their rights under the First Amendment,
including the right to free exercise of religion,
during the school day or while on elementary and
secondary school grounds; and
(2) elementary and secondary schools should examine
their policies to ensure that, in a manner consistent
with the Constitution, law, and court decisions,
students, teachers, and school administrators are able
to fully participate in activities on elementary and
secondary school grounds related to their religious
freedom.
----------
39. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, add the following new
section:
SEC. 802. STATE SEAL OF BILITERACY PROGRAM.
(a) Establishment.--The Secretary of Education shall award
grants to States to establish or improve a Seal of Biliteracy
program to recognize student proficiency in speaking, reading,
and writing in both English and a second language.
(b) Grant Application.--In order to receive a grant under
this section, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require,
including--
(1) a description of the criteria a student must meet
to demonstrate proficiency in speaking, reading, and
writing in both English and a second language;
(2) assurances that a student who meets the
requirements under paragraph (1)--
(A) receives a permanent seal or other marker
on the student's secondary school diploma or
its equivalent; and
(B) receives documentation of proficiency in
the student's official academic transcript; and
(3) assurances that a student is not charged a fee
for submitting an application under subsection (c).
(c) Student Participation in a Seal of Biliteracy Program.--
To participate in a Seal of Biliteracy program, a student must
submit an application to the State that serves the student at
such time, in such manner, and containing such information and
assurances as the State may require, including assurances that
the student--
(1) will receive a secondary school diploma or its
equivalent in the year the student submits an
application; and
(2) has met the criteria established by the State
under subsection (b)(1).
(d) Student Eligibility for Application.--A student who
gained proficiency in a second language outside of school may
apply to participate in a Seal of Biliteracy program under
subsection (c).
(e) Use of Funds.--Grant funds made available under this
section shall be used for administrative costs of establishing
or improving and carrying out a Seal of Biliteracy program and
for public outreach and education about that program.
(f) Grant Terms.--
(1) Duration.--A grant awarded under this section
shall be for a period of 2 years, and may be renewed at
the discretion of the Secretary.
(2) Renewal.--At the end of a grant term, the
recipient of such grant may reapply for a grant under
this section.
(3) Limitations.--A grant recipient under this
section shall not have more than 1 grant under this
section at anytime.
(4) Return of unspent grant funds.--Not later than 6
months after the date on which a grant term ends, a
recipient of a grant under this section shall return
any unspent grant funds to the Secretary.
(g) Report.--Not later than 9 months after receiving a grant
under this section, a grant recipient shall issue a report to
the Secretary describing the implementation of the Seal of
Biliteracy program.
(h) Definitions.--In this section:
(1) ESEA definitions.--The terms ``secondary
school'', ``Secretary'', and ``State'' have the
meanings given those terms in section 6101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Second language.--The term ``second language''
means any language other than English, including
Braille and American Sign Language.
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program established
under this section.
(i) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary $10,000,000 for each of fiscal
years 2016 through 2021 to carry out this section.
----------
40. An Amendment To Be Offered by Representative Loebsack of Iowa or
His Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
TITLE IX--SCHOOLS OF THE FUTURE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Schools of the Future Act''.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) Digital learning technology holds the promise of
transforming rural education by removing barriers of
distance and increasing school capacity.
(2) While many large urban local educational agencies
are at the forefront of implementing new digital
learning innovations, it is often harder for smaller
and more rural local educational agencies to access
these tools. Smaller local educational agencies with
less capacity may also find it more difficult to
provide the training needed to effectively implement
new digital learning technologies.
(3) Despite the potential of digital learning in
rural areas, these advancements risk bypassing rural
areas without support for their implementation. Rather
than having schools and local educational agencies
apply digital learning innovations designed for urban
environments to rural areas, it is important that
digital learning technologies be developed and
implemented in ways that reflect the unique needs of
rural areas.
(4) Digital learning is rapidly expanding, and new
tools for improving teaching and learning are being
developed every day. A growing demand for digital
learning tools and products has made rigorous
evaluation of their effectiveness increasingly
important, as this information would allow school and
local educational agency leaders to make informed
choices about how best to use these tools to improve
student achievement and educational outcomes.
(5) High-quality digital learning increases student
access to courses that may not have been available to
students in rural communities, increasing their college
and career readiness.
SEC. 903. PROGRAM AUTHORIZED.
(a) Grants to Eligible Partnerships.--From the amounts
appropriated to carry out this title, the Secretary of
Education is authorized to award grants, on a competitive
basis, to eligible partnerships to carry out the activities
described in section 906.
(b) Duration of Grant.--A grant under subsection (a) shall be
awarded for not less than a 3-year and not longer than a 5-year
period.
(c) Fiscal Agent.--If an eligible partnership receives a
grant under this title, a school partner in the partnership
shall serve as the fiscal agent for the partnership.
SEC. 904. APPLICATION.
An eligible partnership desiring a grant under this title
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require, which shall include the following:
(1) A description of the eligible partnership,
including the name of each of the partners and their
respective roles and responsibilities.
(2) A description of the technology-based learning
practice, tool, strategy, or course that the eligible
partnership proposes to develop or implement using the
grant funds.
(3) An assurance that all teachers of record hold the
relevant license and are otherwise qualified to
implement any technology-based practice, tool,
strategy, or course using the grant funds.
(4) An assurance that all students in a class or
school implementing a practice, tool, strategy or
course using the grant funds will have access to any
equipment necessary to participate on a full and
equitable basis.
(5) An assurance that the proposed uses of
smartphones, laptops, tablets, or other devices
susceptible to inappropriate use have the informed
consent of parents or guardians and are not
inconsistent with any policies of the local educational
agency on the use of such devices.
(6) Information relevant to the selection criteria
under section 905(c).
(7) A description of the evaluation to be undertaken
by the eligible partnership, including--
(A) how the school partner and the evaluation
partner will work together to implement the
practice, tool, strategy, or course in such a
way that permits the use of a rigorous,
independent evaluation design that meets the
standards of the What Works Clearinghouse of
the Institute of Education Sciences; and
(B) a description of the evaluation design
that meets such standards, which will be used
to measure any significant effects on the
outcomes described in paragraphs (1) through
(3) of section 907(a).
(8) An estimate of the number of students to be
reached through the grant and evidence of its capacity
to reach the proposed number of students during the
course of the grant.
(9) Any other information the Secretary may require.
SEC. 905. APPLICATION REVIEW AND AWARD BASIS.
(a) Peer Review.--The Secretary shall use a peer review
process to review applications for grants under this title. The
Secretary shall appoint individuals to the peer review process
who have relevant expertise in digital learning, research and
evaluation, standards quality and alignment, and rural
education.
(b) Award Basis.--In awarding grants under this title, the
Secretary shall ensure, to the extent practicable, diversity in
the type of activities funded under the grants.
(c) Selection Criteria.--In evaluating an eligible
partnership's application for a grant under this title, the
Secretary shall consider--
(1) the need for the proposed technology-based
learning practice, tool, strategy, or course;
(2) the quality of the design of the proposed
practice, tool, strategy, or course;
(3) the strength of the existing research evidence
with respect to such practice, tool, strategy, or
course;
(4) the experience of the eligible partnership; and
(5) the quality of the evaluation proposed by the
eligible partnership.
(d) Dedicated Funding for Fringe Rural, Distant Rural, and
Remote Rural Schools.--Not less than 50 percent of the grant
funds awarded under this title shall be awarded to eligible
partnerships that provides assurances that the school partners
in the eligible partnership will ensure that each school to be
served by the grant is designated with a school locale code of
Fringe Rural, Distant Rural, or Remote Rural, as determined by
the Secretary.
SEC. 906. USE OF FUNDS.
(a) Required Use of Funds.--
(1) In general.--An eligible partnership receiving a
grant under this title shall use such funds to
implement and evaluate the results of technology-based
learning practices, strategies, tools, or courses,
including the practices, strategies, tools, or courses
identified under paragraphs (2) through (6).
(2) Tools and courses designed to personalize the
learning experience.--Technology-based tools and
courses identified under this paragraph include the
following types of tools and courses designed to
personalize the learning experience:
(A) Technology-based personalized
instructional systems.
(B) Adaptive software, games, or tools, that
can be used to personalize learning.
(C) Computer-based tutoring courses to help
struggling students.
(D) Games, digital tools, and smartphone or
tablet applications to improve students'
engagement, focus, and time on task.
(E) Other tools and courses designed to
personalize the learning experience.
(3) Practices and strategies designed to aid and
inform instruction.--Technology-based practices and
strategies identified under this paragraph include the
following types of practices and strategies designed to
aid and inform instruction:
(A) Adaptive software, games, or tools that
can be used for the purpose of formative
assessment.
(B) Web resources that provide teachers and
their students access to instructional and
curricular materials that are--
(i) aligned with high-quality
standards; and
(ii) designed to prepare students for
college and a career, such as a
repository of primary historical
sources for use in history and civics
courses or examples of developmentally
appropriate science experiments.
(C) Online professional development
opportunities, teacher mentoring opportunities,
and professional learning communities.
(D) Tools or web resources designed to
address specific instructional problems.
(E) Other practices and strategies designed
to personalize the learning experience.
(4) Tools, courses, and strategies designed to
improve the achievement of students with specific
educational needs.--Technology-based tools, courses,
and strategies identified under this paragraph include
the following types of tools, courses, and strategies
designed to meet the needs of students with specific
educational needs:
(A) Digital tools specifically designed to
meet the needs of students with a particular
disability.
(B) Online courses that give students who are
not on track to graduate or have already
dropped out of school the opportunity for
accelerated credit recovery.
(C) Language instruction courses, games, or
software designed to meet the needs of English
language learners.
(D) Other tools, courses, and strategies
designed to personalize the learning
experience.
(5) Tools, courses, and strategies designed to help
students develop 21st century skills.--Technology-based
tools, courses, and strategies identified under this
paragraph include peer-to-peer virtual learning
opportunities to be used for the purposes of project-
based learning, deeper learning, and collaborative
learning, and other tools, courses, and strategies
designed to help students develop 21st century skills,
such as the ability to think critically and solve
problems, be effective communicators, collaborate with
others, and learn to create and innovate.
(6) Technology-based or online courses that allow
students to take courses that they would not otherwise
have access to.--Technology-based or online courses
identified under this paragraph include courses or
collections of courses approved by the applicable local
educational agency or State educational agency that
provide students with access to courses that they would
not otherwise have access to, such as the following:
(A) An online repository of elective courses.
(B) Online or software-based courses in
foreign languages, especially in languages
identified as critical or in schools where a
teacher is not available to teach the language
or course level a student requires.
(C) Online advanced or college-level courses
that can be taken for credit.
(b) Authorized Use of Funds.--An eligible partnership
receiving a grant under this title may use grant funds to--
(1) develop or implement the technology for
technology-based learning strategies, practices,
courses, or tools to be carried out under the grant;
(2) purchase hardware or software needed to carry out
such strategies, practices, courses, or tools under the
grant, except that such purchases may not exceed 50
percent of total grant funds;
(3) address the particular needs of student
subgroups, including students with disabilities and
English-language learners;
(4) provide technology-based professional development
or professional development on how to maximize the
utility of technology; and
(5) address issues of cost and capacity in rural
areas and shortage subjects.
(c) Supplementation.--An eligible partnership that receives a
grant under this title shall use the grant funds to supplement,
not supplant, the work of teachers with students, and may not
use such funds to reduce staffing levels for the school
partners in the eligible partnership.
(d) Teacher of Record.--For each student in a class or school
implementing a practice, tool, strategy, or course using grant
funds provided under this title, there shall be a teacher of
record, holding the relevant certification or license, and
otherwise qualified to implement any digitally-based practice,
tool, strategy or course using the grant funds. An eligible
partnership shall use grant funds provided under this title,
and shall determine the extent and nature of pedagogical uses
of digital tools, in a manner that is consistent with the
judgments of teachers of record about what is developmentally
appropriate for students.
SEC. 907. DATA COLLECTION AND EVALUATION.
(a) In General.--Each eligible partnership receiving a grant
under this title shall require its evaluation partner to
complete an independent, comprehensive, well-designed, and
well-implemented evaluation that meets the standards of the
What Works Clearinghouse after the third year of implementation
of the grant to measure the effect of the practice, tool,
strategy, or course on--
(1) growth in student achievement, as measured by
high quality assessments that provide objective, valid,
reliable measures of student academic growth and
information on whether a student is on-track to
graduate ready for college and career;
(2) costs and savings to the school partner; and
(3) at least one of the following:
(A) Student achievement gaps.
(B) Graduation and dropout rates.
(C) College enrollment.
(D) College persistence.
(E) College completion.
(F) Placement in a living-wage job.
(G) Enhanced teacher or principal
effectiveness as measured by valid, reliable,
and multiple measures of student achievement
and other appropriate measures.
(b) Evaluation.--The Secretary shall--
(1) acting through the Director of the Institute of
Education Sciences--
(A) evaluate the implementation and impact of
the activities supported under the grant
program authorized under this section; and
(B) identify best practices; and
(2) disseminate, in consultation with the 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, research on best
practices in school leadership.
(c) Implementation Evaluation.--An evaluation partner may use
funds under this title to carry out an implementation
evaluation designed to provide information that may be useful
for schools, local educational agencies, States, consortia of
schools, and charter school networks seeking to implement
similar practices, tools, strategies, or courses in the future.
(d) Publication of Results.--Upon completion of an evaluation
described in subsection (a), (b), or (c) the evaluation partner
shall--
(1) submit a report of the results of the evaluation
to the Secretary; and
(2) make publicly available such results.
SEC. 908. DEFINITIONS.
In this title:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes a
school partner and not less than 1--
(A) digital learning partner, except that in
a case in which a school partner or evaluation
partner demonstrates expertise in digital
learning to the Secretary; and
(B) evaluation partner.
(2) School partner.--The term ``school partner''
means a--
(A) local educational agency;
(B) a charter school network that does not
include virtual schools;
(C) a consortium of public elementary schools
or secondary schools;
(D) a regional educational service agency or
similar regional educational service provider;
or
(E) a consortium of the entities described in
subparagraphs (A) through (D).
(3) Digital learning partner.--The term ``digital
learning partner'' means an organization with expertise
in the technology required to develop or implement the
digital learning practices, tools, strategies, or
courses proposed by the school partner with which the
digital learning partner will partner or has partnered
under this title, such as--
(A) an institution of higher education;
(B) a nonprofit organization; or
(C) an organization with school development
or turnaround experience.
(4) Evaluation partner.--The term ``evaluation
partner'' means a partner that has the expertise and
ability to carry out the evaluation of a grant received
under this title, such as--
(A) an institution of higher education;
(B) a nonprofit organization with expertise
in evaluation; or
(C) an evaluation firm.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(6) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(7) Secretary.--The term ``Secretary'' means the
Secretary of Education.
----------
41. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE IX--EARLY CHILDHOOD EDUCATION PROFESSIONAL IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Early Childhood Education
Professional Improvement Act of 2015''.
SEC. 902. PURPOSE.
The purpose of this title is to provide assistance to States
to improve the knowledge, credentials, compensation, and
professional development of early childhood educators working
with children in early childhood education programs.
SEC. 903. DEFINITIONS.
In this title:
(1) The term ``early childhood education program''
means a Head Start Program carried out under the Head
Start Act (42 U.S.C. 9831 et seq.), a State-funded
prekindergarten program, a licensed child care serving
prekindergarten children, and special education
preschool.
(2) The term ``institution of higher education'' has
the meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 904. PROGRAM AUTHORIZED.
The Secretary of Education, in consultation with the
Secretary of Health and Human Services, is authorized to award
grants to States to implement and administer the activities
described in section 906.
SEC. 905. APPLICATIONS.
(a) In General.--Each State desiring a grant under this title
shall submit an application to the Secretary of Education at
such time, in such manner, and accompanied by such information
as the Secretary may reasonably require.
(b) Contents.--Each application submitted under subsection
(a) shall include a description of the State's comprehensive
early childhood professional development system, including the
following:
(1) A description of how the State's system was
developed in collaboration with the State Advisory
Council on Early Childhood Education and Care
designated or established under section 642B of the
Head Start Act, the State agency responsible for
administering childcare, the State Head Start
collaboration director, the State educational agency,
institutions of higher education, organizations that
represent early childhood educators, and credible early
childhood education professional organizations.
(2) A designation of a State agency to administer the
grant program.
(3) A description of how the State's system
provides--
(A) an oversight structure for the system;
(B) professional standards and competencies;
(C) a career lattice;
(D) coordination with State higher education
agencies, higher education accrediting bodies,
and accredited two- and four-year institutions
of higher education;
(E) encouragement of articulation agreements
between two- and four-year institutions of
higher education and credit-bearing
opportunities and articulation agreements that
recognize prior learning and expertise;
(F) more accessible higher education for
working learners through offering of college
courses at accessible time and locations, with
particular attention to rural areas;
(G) support to adult learners who are dual
language learners, or come from low-income or
minority communities;
(H) use of workforce data to assess the
State's workforce needs; and
(I) its financing over time.
SEC. 906. STATE USE OF FUNDS.
A State that receives a grant under this title shall ensure
that grant funds are used to carry out the following:
(1) To provide scholarships to cover the costs of
tuition, fees, materials, transportation, paid
substitutes, and release time for preschool teachers
employed in an early childhood education program to
pursue a bachelor's degree in early childhood education
or a closely related field.
(2) To support preschool teachers employed in an
early childhood education program, and who have
obtained a bachelor's degree in a field other than
early childhood education or a closely related field,
to attain a credential, licensure, or endorsement that
demonstrates competence in early childhood education.
(3) To increase compensation for teachers who are
enrolled and making progress toward a degree in early
childhood education and to provide parity of
compensation upon completion of such degree and
retention in the early childhood education program.
(4) To provide ongoing professional development
opportunities to preschool teachers and teacher
assistants employed in an early childhood education
program that address--
(A) all areas of child development and
learning (cognitive, social, emotional, and
physical);
(B) teacher-child interaction;
(C) family engagement; and
(D) cultural competence for working with a
diversity of children (including children with
special needs and dual language learners) and
families.
SEC. 907. SUPPLEMENT NOT SUPPLANT.
Grant funds provided under this title shall supplement, and
not supplant, other Federal, State, and local funds that are
available for early childhood educator preparation and
professional development.
SEC. 908. MAINTENANCE OF EFFORT.
A State that receives funds under this title for a fiscal
year shall maintain the fiscal effort provided by the State for
the activities supported by the funds under this title at a
level equal to or greater than the level of such fiscal effort
for the preceding fiscal year.
SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal years 2016
through 2021.
----------
42. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 802. PILOT GRANT PROGRAM TO SUPPORT CAREER AND TECHNICAL EDUCATION
EXPLORATION PROGRAM IN MIDDLE SCHOOLS AND HIGH
SCHOOLS.
(a) Purposes.--The purposes of this section are the
following:
(1) To provide students with opportunities to
participate in career and technical education
exploration programs and to provide information on
available career and technical education programs and
their impact on college and career readiness.
(2) To expand professional growth of, and career
opportunities for, students through career and
technical education exploration programs.
(3) To enhance collaboration between education
providers and employers.
(4) To develop or enhance career and technical
education exploration programs with ties to a career
and technical education program of study.
(5) To evaluate students' participation in
coordinated middle school and high school career and
technical education exploration programs.
(b) Definitions.--In this section:
(1) Career and technical education exploration
program.--The term ``career and technical education
exploration program'' means a course or series of
courses that provides experiential learning
opportunities in 1 or more programs of study (including
after school and during the summer), as appropriate,
and the opportunity to connect experiential learning to
education and career pathways that is offered to middle
school students or high school students, or both.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(c) Authorization of Grant Program.--
(1) In general.--The Secretary shall award grants to
local educational agencies to support career and
technical education exploration programs.
(2) Grant duration.--Grants awarded under this
section shall be 2 years in duration.
(3) District capacity taken into account.--In
awarding grants under paragraph (1), the Secretary
shall take into account the resources and capacity of
each local educational agency that applies for a grant.
(d) Applications.--A local 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.
(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to grant proposals that--
(1) demonstrate--
(A) that a partnership among the local
educational agency and business, industry,
labor, or institutions of higher education,
where appropriate to the grant project, exists
and will participate in carrying out grant
activities under this section;
(B) innovative and sustainable design;
(C) a curriculum aligned with State diploma
requirements;
(D) a focus on preparing students, including
special populations and nontraditional
students, with opportunities to explore careers
and skills required for jobs in their State and
that provide high wages and are in demand;
(E) a method of evaluating success; and
(F) that the programs to be assisted with
grant funds are not receiving assistance under
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
and
(2) include an assurance that--
(A) the local educational agency will fund
the operational costs of the activities
described in this section after the grant
period expires; and
(B) if the local educational agency charges a
fee to participate in the after school and
summer components of the career and technical
education exploration program to be carried out
by the agency, the agency will implement such
fee on a sliding scale according to income and
established in a manner that makes
participation financially feasible for all
students.
(f) Uses of Funds.--
(1) In general.--A local educational agency that
receives a grant under this section shall use the grant
funds to carry out any of the following:
(A) Leasing, purchasing, upgrading, or
adapting equipment related to the content of
career and technical education exploration
program activities.
(B) Program director, instructor, or other
staff expenses to coordinate or implement
program activities.
(C) Consultation services with a direct
alignment to the program goals.
(D) Support of professional development
programs aligned to the program goals.
(E) Minor remodeling, if any, necessary to
accommodate new equipment obtained pursuant to
subparagraph (A).
(F) Evaluating the access to career and
technical education exploration programs and
the impact such programs have on the transition
to career and technical programs of study (as
described in section 122(c)(1)(A) of the Carl
D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2342(c)(1)(A))), or other
postsecondary programs of study, high school
completion, and the number of students who earn
an industry-recognized credential, associate's
degree, bachelor's degree, or other career and
technical education related postsecondary
credit in addition to a high school diploma.
(2) Use and ownership of materials or equipment.--Any
materials or equipment purchased with grant funds
awarded under this section shall be the property of the
local educational agency.
(3) Administrative costs.--A local educational agency
that receives a grant under this section may use not
more than 5 percent of the grant funds for
administrative costs associated with carrying out
activities under this section.
(g) Evaluations.--
(1) In general.--A local educational agency that
receives a grant under this section shall develop an
evaluation plan of grant activities that shall include
an evaluation of specific outcomes, described in
paragraph (2), and progress toward meeting such
outcomes within the timeline of the grant that shall be
measurable through collection of appropriate data or
documented through other records. Such evaluation shall
reflect the resources and capacity of the local
educational agency.
(2) Outcomes.--The specific outcomes shall clearly
address the following areas:
(A) The extent of student participation in
career and technical education exploration
programs.
(B) Improved rigor in technical or academic
content aligned to diploma requirements and
industry recognized technical standards.
(C) Improved alignment between career and
technical education and other courses,
including core academic subjects.
(D) The impact such programs have on the
transition to career and technical programs of
study (as described in section 122(c)(1)(A) of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C.
2342(c)(1)(A))) and other postsecondary
programs of study.
(3) Submission to the department.--A local
educational agency that receives a grant under this
section shall submit evaluations conducted under this
subsection to the Secretary.
(h) Supplement Not Supplant.--Funds received under this
section shall be used to supplement, and not supplant, funds
that would otherwise be used for activities authorized under
this section.
(i) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $20,000,000.
----------
43. An Amendment To Be Offered by Representative Thompson of
Mississippi or His Designee, Debatable for 10 Minutes
Page 620, after line 8, insert the following:
SEC. 802. DELAY OF EFFECTIVE DATE.
Notwithstanding any other provision of this Act or the
amendments made by this Act, this Act, and the amendments made
by this Act, shall not take effect until the Secretary of
Education--
(1) determines that the enactment of this Act, and
the amendments made by this Act, will not decrease the
college and career readiness of students who are racial
or ethnic minority, students with disabilities, English
learners, and low-income students; and
(2) provides written notification to Congress on such
determination.
----------
44. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 20 Minutes
Strike the text and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Table of contents.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. State plans.
Sec. 104. Eligible school attendance areas.
Sec. 105. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 106. Parental involvement.
Sec. 107. Paraprofessionals.
Sec. 108. Comparable allocation of expenditures.
Sec. 109. Coordination requirements.
Sec. 110. Treatment of the outlying areas and Bureau of Indian Education
Schools.
Sec. 111. Support for high-quality assessments.
Sec. 112. State agency programs.
Sec. 113. Foster Youth.
Sec. 114. School dropout prevention.
TITLE II--TEACHERS AND LEADERS
Sec. 201. Great teachers and leaders.
Sec. 202. HEA conforming amendments.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
Sec. 301. Language instruction.
TITLE IV--21ST CENTURY SCHOOLS
Sec. 401. 21st Century schools.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
Sec. 501. Subpart heading; Purpose.
Sec. 502. Program authorized.
Sec. 503. Grants to support high-quality charter schools.
Sec. 504. Facilities Financing Assistance.
Sec. 505. National activities.
Sec. 506. Records transfer.
Sec. 507. Definitions.
Sec. 508. Authorization of appropriations.
Sec. 509. Conforming amendments.
Subtitle B--Magnet Schools
Sec. 510. Duration of award; accountability.
Sec. 511. Authorization of appropriations; reservation.
Subtitle C--Fund for the Improvement of Education
Sec. 512. Fund for the Improvement of Education.
Subtitle D--Family Engagement in Education Programs
Sec. 521. Family engagement in education programs.
Subtitle E--Fast Track to College
Sec. 531. Short title.
Sec. 532. Purpose.
Sec. 533. Definitions.
Sec. 534. Authorization of appropriations; reservations.
Sec. 535. Authorized program.
Sec. 536. Uses of funds.
Sec. 537. Application.
Sec. 538. Peer review.
Sec. 539. Grants to States.
Sec. 540. Reporting and oversight.
Sec. 541. Rules of construction.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
Sec. 601. Flexibility and accountability.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 701. In general.
Subtitle A--Indian Education
Sec. 711. Purpose.
Part 1--Formula Grants to Local Educational Agencies
Sec. 721. Formula grant purpose.
Sec. 722. Grants to local educational agencies, tribes, and indian
organizations.
Sec. 723. Amount of grants.
Sec. 724. Applications.
Sec. 725. Authorized services and activities.
Sec. 726. Student eligibility forms.
Sec. 727. Technical assistance.
Sec. 728. Improvement of educational opportunities for Indian children.
Part 2--Special Programs and Projects to Improve Educational
Opportunities for Indian Children
Sec. 731. Professional development for teachers and education
professionals.
Part 3--National Activities
Sec. 741. National activities.
Sec. 742. Improvement of academic success for students through Native
American language.
Subtitle B--Native Hawaiian Education; Alaska Native Education
Sec. 751. Native Hawaiian education and Alaska Native education.
Sec. 752. Findings.
Sec. 753. Purposes.
Sec. 754. Native Hawaiian Education Council grant.
Sec. 755. Grant program authorized.
Sec. 756. Administrative provisions; authorization of appropriations.
Sec. 757. Definitions.
Sec. 758. Alaska Native education.
TITLE VIII--IMPACT AID
Sec. 801. Purpose.
Sec. 802. Payments relating to Federal acquisition of real property.
Sec. 803. Payments for eligible federally connected children.
Sec. 804. Policies and procedures relating to children residing on
Indian lands.
Sec. 805. Application for payments under sections 8002 and 8003.
Sec. 806. Construction.
Sec. 807. Facilities.
Sec. 808. State consideration of payments providing State aid.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Definitions.
Sec. 811. Authorization of appropriations.
Sec. 812. Conforming amendments.
TITLE IX--GENERAL PROVISIONS
Sec. 900. General amendments.
Subtitle A--Protecting Students From Sexual and Violent Predators
Sec. 901. Background checks.
Sec. 902. Conforming amendment.
Subtitle B--Evaluation Authority
Sec. 911. Evaluation authority.
Subtitle C--Keeping All Students Safe
Sec. 911. Keeping All Students Safe.
Subtitle D--Protecting Student Athletes From Concussions
Sec. 931. Protecting Student Athletes from Concussions.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
Sec. 1001. Education for Homeless Children and Youths.
TITLE XI--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
Sec. 1111. Purposes.
Sec. 1112. Definitions.
Sec. 1113. Program authorization.
Sec. 1114. Allotments and reservations of funds.
Sec. 1115. State eligibility criteria.
Sec. 1116. State applications.
Sec. 1117. State use of funds.
Sec. 1118. Additional prekindergarten services.
Sec. 1119. Performance measures and targets.
Sec. 1120. Matching requirements.
Sec. 1121. Eligible local entity applications.
Sec. 1122. Required subgrant activities.
Sec. 1123. Report and evaluation.
Sec. 1124. Prohibition of required participation or use of funds for
assessments.
Sec. 1125. Coordination with Head Start programs.
Sec. 1126. Technical assistance in program administration.
Sec. 1127. Authorization of appropriations.
Subtitle B--Prekindergarten Development Grants
Sec. 1151. Prekindergarten development grants.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
SEC. 101. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to ensure that all children
have a fair, equal, and significant opportunity to obtain a
high-quality education and to graduate ready to succeed in
college and the workforce by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
English learners, migrant children, children with
disabilities, Indian children, and neglected or
delinquent children;
``(2) ensuring high-quality college and career ready
standards, academic assessments, accountability
systems, teacher and school leader preparation and
training, curriculum, and instructional materials are
developed and implemented to prepare students to
compete in the global economy;
``(3) closing the achievement gap between high- and
low-performing children, especially between minority
and nonminority students and between disadvantaged
children and their more advantaged peers;
``(4) holding schools, local educational agencies,
and States accountable for improving the academic
achievement for all students including the mastery of
content knowledge and the ability to think critically,
solve problems, and communicate effectively, ensuring
all students graduate ready to succeed in college and
the workforce;
``(5) distributing and targeting resources to support
local educational agencies and schools with the
greatest needs to close the educational opportunity gap
between low-income students and their more affluent
peers;
``(6) improving and maintaining accountability for
student achievement, graduation rates, and resource
equity while increasing local flexibility and authority
to improve schools; and
``(7) ensuring parents have substantial and
meaningful opportunities to participate in the
education of their children.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated
$30,000,000,000 for fiscal year 2016 and such sums as may be
necessary for each of the 5 succeeding fiscal years.'';
(2) in subsection (c)--
(A) by striking ``$410,000,000'' and
inserting ``$500,000,000''; and
(B) by striking ``2002'' and inserting
``2016''; and
(3) in subsection (d)--
(A) by striking ``$50,000,000'' and inserting
``$55,000,000''; and
(B) by striking ``2002'' and inserting
``2016''.
SEC. 103. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLAN.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive
a grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with
representatives of local educational agencies,
teachers, school leaders, specialized instructional
support personnel, early childhood education providers,
parents, community organizations, communities
representing underserved populations, and Indian
tribes, that satisfies the requirements of this
section, and that is coordinated with other programs of
this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Career and Technical Education
Act of 2006, the Head Start Act, the Adult Education
and Family Literacy Act, and the McKinney-Vento
Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as a part of a
consolidated plan under section 9302.
``(b) College and Career Ready Content Standards,
Assessments, and Achievement Standards.--
``(1) General requirements.--Each State plan shall
include evidence that the State's college and career
ready content standards, assessments, and achievement
standards under this subsection are--
``(A) vertically aligned from kindergarten
through grade 12; and
``(B) developed and implemented to ensure
that proficiency in the content standards will
signify that a student is on-track to graduate
prepared for--
``(i) according to written
affirmation from the State's public
institutions of higher education,
placement in credit-bearing,
nonremedial courses at the 2-and 4-year
public institutions of higher education
in the State; and
``(ii) success on relevant State
career and technical education
standards.
``(2) College and career ready content standards.--
``(A) In general.--Each State plan shall
demonstrate that, not later than the 2015-2016
school year the State educational agency will
adopt and implement high-quality, college and
career ready content standards that comply with
this paragraph.
``(B) Subjects.--The State educational agency
shall have such high-quality, academic content
standards for students in kindergarten through
grade 12 for, at a minimum, English language
arts, math, and science.
``(C) Elements.--College and career ready
content standards under this paragraph shall--
``(i) be developed through
participation in a State-led process
that engages--
``(I) kindergarten through-
grade-12 education experts
(including teachers and school
leaders); and
``(II) representatives of
institutions of higher
education, the business
community, and the early
learning community;
``(ii) be rigorous, internationally
benchmarked, and evidence-based,
requiring students to demonstrate the
ability to think critically, solve
problems, and communicate effectively;
``(iii) be either--
``(I) validated, including
through written affirmation
from the State's public
institutions of higher
education, to ensure that
proficiency in the content
standards will signify that a
student is on-track to graduate
prepared for--
``(aa) placement in
credit-bearing,
nonremedial courses at
the 2-and 4-year public
institutions of higher
education in the State;
and
``(bb) success on
relevant State career
and technical education
standards; or
``(II) State-developed and
voluntarily adopted by a
significant number of States;
``(iv) for standards from
kindergarten through grade 3, reflect
progression in how children develop and
learn the requisite skills and content
from earlier grades (including
preschool) to later grades; and
``(v) apply to all schools and
students in the State.
``(D) English language proficiency
standards.--Each State educational agency shall
develop and implement statewide, high-quality
English language proficiency standards that--
``(i) are aligned with the State's
academic content standards;
``(ii) reflect the academic language
that is required for success on the
State educational agency's academic
content assessments;
``(iii) predict success on the
applicable grade level English language
arts content assessment;
``(iv) ensure proficiency in each of
the domains of speaking, listening,
reading, and writing in the appropriate
amount of time; and
``(v) address the different
proficiency levels of English learners.
``(E) Early learning standards.--The State
educational agency shall, in collaboration with
the State agencies responsible for overseeing
early care and education programs and the State
early care and education advisory council,
develop and implement early learning standards
across all major domains of development for
preschoolers that--
``(i) demonstrate alignment with the
State academic content standards;
``(ii) are implemented through
dissemination, training, and other
means to applicable early care and
education programs;
``(iii) reflect research and
evidence-based developmental and
learning expectations;
``(iv) inform teaching practices and
professional development and services;
and
``(v) for preschool age children,
appropriately assist in the transition
to kindergarten.
``(F) Assurance.--Each State plan shall
include an assurance that the State has
implemented the same content standards for all
students in the same grade and does not have a
policy of using different content standards for
any student subgroup.
``(3) High-quality assessments.--
``(A) In general.--Each State plan shall
demonstrate that the State educational agency
will adopt and implement high-quality
assessments in English language arts, math, and
science not later than the 2016-2017 school
year that comply with this paragraph.
``(B) Elements.--Such assessments shall--
``(i) be valid, reliable,
appropriate, and of adequate technical
quality for each purpose required under
this Act, and be consistent with
relevant, nationally recognized
professional and technical standards;
``(ii) measure the knowledge and
skills necessary to demonstrate
proficiency in the academic content
standards under paragraph (2) for the
grade in which the student is enrolled;
``(iii) be developed as part of a
system of assessments providing data
(including individual student
achievement data and individual student
growth data), that shall be used to
improve teaching, learning, and program
outcomes;
``(iv) be used in determining the
performance of each local educational
agency and school in the State in
accordance with the State's
accountability system under subsection
(c);
``(v) provide an accurate measure
of--
``(I) student achievement at
all levels of student
performance; and
``(II) student academic
growth;
``(vi) allow for complex
demonstrations or applications of
knowledge and skills including the
ability to think critically, solve
problems, and communicate effectively;
``(vii) be accessible for all
students, including students with
disabilities and English learners, by--
``(I) incorporating
principles of universal design
as defined by section 3(a) of
the Assistive Technology Act of
1998 (29 U.S.C. 3002(a)); and
``(II) being interoperable
when using any digital
assessment, such as computer-
based and online assessments;
``(viii) provide for accommodations,
including for computer-based and online
assessments, for students with
disabilities and English learners to
provide a valid and reliable measure of
such students' achievement;
``(ix) produce individual student
interpretive, descriptive, and
diagnostic reports that allow parents,
teachers, and school leaders to
understand and address the specific
academic needs of students, and include
information regarding achievement on
academic assessments, and that are
provided to parents, teachers, and
school leaders, as soon as is
practicable after the assessment is
given, in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand; and
``(x) may be partially delivered in
the form of portfolios, projects, or
extended performance tasks as long as
such assessments meet the requirements
of this subsection.
``(C) Administration.--Such assessments
shall--
``(i) be administered to all
students, including all subgroups
described in subsection (c)(3)(A), in
the same grade level for each content
area assessed, except as provided under
subparagraph (E), through--
``(I) a single summative
assessment each school year; or
``(II) multiple statewide
assessments over the course of
the school year that result in
a single summative score that
provides valid, reliable, and
transparent information on
student achievement for each
tested content area in each
grade level;
``(ii) for English language arts and
math--
``(I) be administered
annually, at a minimum, for
students in grade 3 through
grade 8; and
``(II) be administered at
least once, but not earlier
than 11th grade for students in
grades 9 through grade 12; and
``(iii) for science, be administered
at least once during grades 3 through
5, grades 6 through 8, and grades 9
through 12.
``(D) Native language assessments.--Each
State educational agency with at least 10,000
English learners, at least 25 percent of which
speak the same language that is not English,
shall adopt and implement native language
assessments for that language consistent with
State law. Such assessments shall be for
students--
``(i) for whom the academic
assessment in the student's native
language would likely yield more
accurate and reliable information about
such student's content knowledge;
``(ii) who are literate in the native
language and have received formal
education in such language; or
``(iii) who are enrolled in a
bilingual or dual language program and
the native language assessment is
consistent with such program's language
of instruction.
``(E) Alternate assessments for students with
the most significant cognitive disabilities.--
In the case of a State educational agency that
adopts alternate achievement standards for
students with the most significant cognitive
disabilities described in paragraph (4)(D), the
State shall adopt and implement high-quality
statewide alternate assessments aligned to such
alternate achievement standards that meet the
requirements of subparagraphs (B) and (C), so
long as the State ensures that in the State the
total number of students in each grade level
assessed in each subject does not exceed the
cap established under subsection
(c)(3)(E)(iii)(II).
``(F) English language proficiency
assessments.--Each State educational agency
shall adopt and implement statewide English
language proficiency assessments that--
``(i) are administered annually and
aligned with the State's English
language proficiency standards and
academic content standards;
``(ii) are accessible, valid, and
reliable;
``(iii) measure proficiency in
reading, listening, speaking, and
writing in English both individually
and collectively;
``(iv) assess progress and growth on
language and content acquisition; and
``(v) allow for the local educational
agency to retest a student in the
individual domain areas that the
student did not pass, unless the
student is newly entering a school in
the State, or is in the third, fifth,
or eighth grades.
``(G) Special rule with respect to bureau
funded schools.--In determining the assessments
to be used by each school operated or funded by
the Department of the Interior's Bureau of
Indian Education receiving funds under this
part, the following shall apply:
``(i) Each such school that is
accredited by the State in which it is
operating shall use the assessments the
State has developed and implemented to
meet the requirements of this section,
or such other appropriate assessment as
approved by the Secretary of the
Interior.
``(ii) Each such school that is
accredited by a regional accrediting
organization shall adopt an appropriate
assessment, in consultation with and
with the approval of, the Secretary of
the Interior and consistent with
assessments adopted by other schools in
the same State or region, that meets
the requirements of this section.
``(iii) Each such school that is
accredited by a tribal accrediting
agency or tribal division of education
shall use an assessment developed by
such agency or division, except that
the Secretary of the Interior shall
ensure that such assessment meets the
requirements of this section.
``(H) Assurance.--Each State plan shall
include an assurance that the State educational
agency will take steps to ensure that the State
assessment system, which includes all statewide
assessments and local assessments is
coordinated and streamlined to eliminate
duplication of assessment purposes, practices,
and use.
``(I) Accommodations.--Each State plan
shall--
``(i) describe the accommodations for
English learners and students with
disabilities on the assessments used by
the State which may include
accommodations such as text-to-speech
technology or read aloud, braille,
large print, calculator, speech-to-text
technology or scribe, extended time,
and frequent breaks;
``(ii) include evidence of the
effectiveness of such accommodations in
maintaining valid results for the
appropriate population; and
``(iii) include evidence that such
accommodations do not change the
construct intended to be measured by
the assessment or the meaning of the
resulting scores.
``(J) Adaptive assessments.--In the case of a
State educational agency that develops and
administers computer adaptive assessments, such
assessments shall meet the requirements of this
paragraph, and must measure, at a minimum, each
student's academic proficiency against the
State's content standards as described in
paragraph (2) for the grade in which the
student is enrolled.
``(4) College and career ready achievement and growth
standards.--
``(A) In general.--Each State plan shall
demonstrate that the State will adopt and
implement college and career ready achievement
standards in English language arts, math, and
science by the 2015-2016 school year that
comply with this paragraph.
``(B) Elements.--Such academic achievement
standards shall establish at a minimum, 3
levels of student achievement that describe how
well a student is demonstrating proficiency in
the State's academic content standards that
differentiate levels of performance to--
``(i) describe 2 levels of high
achievement (on-target and advanced)
that indicate, at a minimum, that a
student is proficient in the academic
content standards under paragraph (2)
as measured by the performance on
assessments under paragraph (3); and
``(ii) describe a third level of
achievement (catch-up) that provides
information about the progress of a
student toward becoming proficient in
the academic content standards under
paragraph (2) as measured by the
performance on assessments under
paragraph (3).
``(C) Vertical alignment.--Such achievement
standards are vertically aligned to ensure a
student who achieves at the on-target or
advanced levels under subparagraph (B)(i)
signifies that student is on-track to graduate
prepared for--
``(i) placement in credit-bearing,
nonremedial courses at the 2- and 4-
year public institutions of higher
education in the State; and
``(ii) success on relevant State
career and technical education
standards.
``(D) Alternate achievement standards.--If a
State educational agency adopts alternate
achievement standards for students with the
most significant cognitive disabilities, such
academic achievement standards shall establish,
at a minimum, 3 levels of student achievement
that describe how well a student is
demonstrating proficiency in the State's
academic content standards that--
``(i) are aligned to the State's
college and career ready content
standards under paragraph (2);
``(ii) are vertically aligned to
ensure that a student who achieves at
the on-target or advanced level under
clause (v)(I) signifies that the
student is on-track to access a
postsecondary education or competitive
integrated employment;
``(ii) reflect concepts and skills
that students should know and
understand for each grade;
``(iv) are supported by evidence-
based learning progressions to age and
grade-level performance; and
``(v) establish, at a minimum--
``(I) 2 levels of high
achievement (on-target and
advanced) that indicate, at a
minimum, that a student with
the most significant cognitive
disabilities is proficient in
the academic content standards
under paragraph (2) as measured
by the performance on
assessments under paragraph
(3)(E); and
``(II) a third level of
achievement (catch-up) that
provides information about the
progress of a student with the
most significant cognitive
disabilities toward becoming
proficient in the academic
content standards under
paragraph (2) as measured by
the performance on assessments
under paragraph (3)(E).
``(E) Student growth standards.--Each State
plan shall demonstrate that the State will
adopt and implement student growth standards
for students in the assessed grades that comply
with this subparagraph, as follows:
``(i) On-target and advanced
levels.--For a student who is achieving
at the on-target or advanced level of
achievement, the student growth
standard is not less than the rate of
academic growth necessary for the
student to remain at that level of
student achievement for not less than 3
years.
``(ii) Catch-up level.--For a student
who is achieving at the catch-up level
of achievement, the student growth
standard is not less than the rate of
academic growth necessary for the
student to achieve an on-target level
of achievement within 3 or 4 years, as
determined by the State.
``(F) Prohibition.--A State may not establish
alternate or modified achievement standards for
any subgroup of students, except as provided
under subparagraph (D).
``(5) Rule of construction.--Nothing in paragraph (3)
shall be construed to prescribe the use of the academic
assessments established pursuant to such paragraph for
student promotion or graduation purposes.
``(c) Accountability and School Improvement System.--The
State plan shall demonstrate that not later than the 2016 -
2017 school year, the State educational agency, in consultation
with representatives of local educational agencies, teachers,
school leaders, parents, community organizations, communities
representing underserved populations and Indian tribes, has
developed a single statewide accountability and school
improvement system (in this subsection known as the
`accountability system') that ensures all students have the
knowledge and skills to successfully enter the workforce or
postsecondary education without the need for remediation by
complying with this subsection as follows:
``(1) Elements.--Each State accountability system
shall, at a minimum--
``(A) annually measure academic achievement
for all students, including each subgroup
described in paragraph (3)(A), in each public
school, including each charter school, in the
State, including--
``(i) student academic achievement in
accordance with the academic
achievement standards described in
subsection (b)(4);
``(ii) student growth in accordance
with the student growth standards
described in subsection (b)(4)(E); and
``(iii) graduation rates in diploma
granting schools;
``(B) set clear performance and growth
targets in accordance with paragraph (2) to
improve the academic achievement of all
students as measured under subparagraph (A) of
this paragraph and to close achievement gaps so
that all students graduate ready for
postsecondary education and the workforce;
``(C) establish equity indicators to diagnose
school challenges and measure school progress
within the improvement system described in
section 1116, including factors to measure, for
all students and each subgroup described in
paragraph (3)(A)--
``(i) academic learning, such as--
``(I) percentage of students
successfully completing
rigorous coursework that aligns
with college and career ready
standards described under
subsection (b)(2) such as dual
enrollment, Advanced Placement
(AP) or International
Baccalaureate (IB) courses;
``(II) percentage of students
enrolled in music and the arts
courses;
``(III) student success on
State or local educational
agency end-of course
examinations; and
``(IV) student success on
performance-based assessments
that are valid, reliable and
comparable across a local
educational agency and meet the
requirements of paragraph
(3)(B);
``(ii) student engagement, such as--
``(I) student attendance
rates;
``(II) student discipline
data, including suspension and
expulsion rates;
``(III) incidents of bullying
and harassment; and
``(IV) surveys of student
engagement and satisfaction;
``(iii) student advancement, such
as--
``(I) student on-time
promotion rates;
``(II) on-time credit
accumulation rates;
``(III) course failure rates;
and
``(IV) post-secondary and
workforce entry rates;
``(iv) student health and wellness;
``(v) student access to instructional
quality, such as--
``(I) number of qualified
teachers and paraprofessionals;
``(II) number of specialized
instructional support
personnel;
``(III) instructional
personnel attendance,
vacancies, and turnover; and
``(IV) rates of effective
teachers and principals, as
determined by the State or
local educational agency;
``(vi) school climate and conditions
for student success, such as--
``(I) the availability of up-
to-date instructional
materials, technology, and
supplies;
``(II) measures of school
safety; and
``(III) the condition of
school facilities; including
accounting for well-equipped
instructional spaces; and
``(vii) family and community
engagement in education;
``(D) annually differentiate all public
schools, including public charter schools,
based on--
``(i) the achievement measured under
subparagraph (A);
``(ii) whether the school meets the
performance and growth targets set
under paragraph (2); and
``(iii) to a lesser extent than each
of the factors described in clauses (i)
and (ii), data on the State-established
equity indicators, as described in
subparagraph (C); and
``(E) identify, after using the
differentiation described in subparagraph (D),
for the purposes under section 1116--
``(i) high priority schools that--
``(I) according to the State-
established parameters
described in 1116(a)(2), have
the lowest performance in the
local educational agency and
the State using current and
prior year academic
achievement, growth, and
graduation rate data as
described in subparagraph (A)
and data on the state-
established equity indicators
described in subparagraph (C);
or
``(II) as of the date of
enactment of the Student
Success Act, have been
identified under 1003(g); and
``(ii) schools in need of support
that--
``(I) have not met one or
more of the performance targets
set under paragraph (2) for any
subgroup described in paragraph
(3)(A) in the same grade level
and subject, for two
consecutive years; or
``(II) at the discretion of
the State, are identified for
support using data on equity
indicators established under
paragraph (1)(C); and
``(iii) distinguished schools that
have--
``(I) the highest performance
in the State for all students
and student subgroups described
in paragraph (3)(A); or
``(II) made the most progress
over at least the most recent
2-year period in the State in
increasing student academic
achievement and graduation
rates for all students and
student subgroups described in
paragraph (3)(A); and
``(III) made significant
progress in overcoming school
challenges identified using the
State-established equity
indicators, as described in
subparagraph (C).
``(2) Goals and targets.--
``(A) In general.--Each State educational
agency shall establish goals and targets for
the State accountability and school improvement
system that comply with this paragraph. Such
targets shall be established separately for all
elementary school and secondary school
students, economically disadvantaged students,
students from major racial and ethnic groups,
students with disabilities, and English
learners and expect accelerated academic gains
from subgroups who are the farthest away from
college and career-readiness as determined by
annual academic achievement measures described
in paragraph (1)(A).
``(B) Achievement goals.--Each State
educational agency shall set multi-year goals
that are consistent with the academic and
growth achievement standards under subsection
(b)(4) to ensure that all students graduate
prepared to enter the workforce or
postsecondary education without the need for
remediation.
``(C) Performance targets.--Each State
educational agency shall set ambitious, but
achievable annual performance targets
separately for each subgroup of students
described in paragraph (3)(A), for local
educational agencies and schools, for each
grade level and in English language arts and
math that reflect the progress required for all
students and each subgroup of students
described in paragraph (3)(A) to meet the
State-determined goals as required under
subparagraph (B), as approved by the Secretary.
``(D) Growth targets.--Each State educational
agency shall set ambitious but achievable
growth targets that--
``(i) assist the State in achieving
the academic achievement goals
described in subparagraph (B); and
``(ii) include targets that ensure
all students, including subgroups of
students described in paragraph (3)(A),
meet the growth standards described in
subsection (b)(4)(E).
``(E) Graduation rate goals and targets.--
``(i) Graduation rate goals.--Each
State educational agency shall set a
graduation rate goal of not less than
90 percent.
``(ii) Graduation rate targets.--Each
State educational agency shall
establish graduation rate targets which
shall not be less rigorous than the
targets approved under section 200.19
of title 34, Code of Federal
Regulations (or a successor regulation)
and shall be designed to meet the goal
described in clause (i).
``(iii) Extended-year graduation rate
targets.--In the case of a State that
chooses to use an extended year
graduation rate in the accountability
and school improvement system described
under this subsection, the State shall
set extended year graduation rate
targets that are more rigorous than the
targets set under clause (ii) and, if
applicable, are not less rigorous than
the targets approved under section
200.19 of title 34, Code of Federal
Regulations (or a successor
regulation).
``(3) Fair accountability.--Each State educational
agency shall establish fair and appropriate policies
and practices, as a component of the accountability
system established under this subsection, to measure
school, local educational agency, and State performance
under the accountability system that, at a minimum,
comply with this paragraph as follows:
``(A) Disaggregate.--Each State educational
agency shall disaggregate student achievement
data in a manner that complies with the State's
group size requirements under subparagraph (B)
for the school's, local educational agency's,
and the State's performance on its goals and
performance targets established under paragraph
(2), by each content area and each grade level
for which such goals and targets are
established, and, if applicable, by improvement
indicators described in paragraph (1)(D) for
each of the following groups:
``(i) All public elementary and
secondary school students.
``(ii) Economically disadvantaged
students.
``(iii) Students from major racial
and ethnic groups.
``(iv) Students with disabilities.
``(v) English learners.
``(B) Subgroup size.--Each State educational
agency shall establish group size requirements
for performance measurement and reporting under
the accountability system that--
``(i) is the same for all subgroups
described in subparagraph (A);
``(ii) does not exceed 15 students;
``(iii) yields statistically reliable
information; and
``(iv) does not reveal personally
identifiable information about an
individual student.
``(C) Participation.--Each State educational
agency shall ensure that--
``(i) not less than 95 percent of the
students in each subgroup described
subparagraph (A) take the State's
assessments under subsection (b)(2);
and
``(ii) any school or local
educational agency that does not comply
with the requirement described in
clause (i) of this subparagraph may not
be considered to have met its goals or
performance targets under paragraph
(2).
``(D) Averaging.--Each State educational
agency may average achievement data with the
year immediately preceding that school year for
the purpose of determining whether schools,
local educational agencies, and the State have
met their performance targets under paragraph
(2).
``(E) Students with the most significant
cognitive disabilities.--
``(i) In general.--In calculating the
percentage of students scoring at the
on-target levels of achievement and the
graduation rate for the purpose of
determining whether schools, local
educational agencies, and the State
have met their performance targets
under paragraph (2), a State shall
include all students with disabilities,
even those students with the most
significant cognitive disabilities,
and--
``(I) may include the on-
target and advanced scores of
students with the most
significant cognitive
disabilities taking alternate
assessments under subsection
(b)(3)(E) provided that the
number and percentage of such
students who score at the on-
target or advanced level on
such alternate assessments at
the local educational agency
and the State levels,
respectively, does not exceed
the cap established by the
Secretary under clause (iii) in
the grades assessed and
subjects used under the
accountability system
established under this
subsection; and
``(II) solely for the
purposes of calculating
graduation rates, may include
students with the most
significant cognitive
disabilities, who are assessed
using alternate assessments
described in subsection
(b)(3)(E) and who receive a
State-defined standards-based
alternate diploma aligned with
the State requirements for
regular secondary school
diploma and who have completed
a free and appropriate public
education under the Individuals
with Disabilities Education
Act, as graduating with a
regular secondary school
diploma, provided that the
number and percentage of those
students who receive such a
State-defined standards-based
alternate diploma at the local
educational agency and the
State levels, respectively,
does not exceed the cap
established by the Secretary
under clause (iii).
``(ii) State requirements.--If the
number and percentage of students
taking alternate assessments or
receiving a State-defined standards-
based alternate diploma exceeds the cap
under clause (iii) at the local
educational agency or State level, the
State educational agency, in
determining whether the local
educational agency or State,
respectively, has met its performance
targets under paragraph (2), shall--
``(I) include all students
with the most significant
cognitive disabilities;
``(II) count at the catch-up
level of achievement or as not
graduating such students who
exceed the cap;
``(III) include such students
at the catch-up level of
achievement or as not
graduating in each applicable
subgroup at the school, local
educational agency, and State
level; and
``(IV) ensure that parents
are informed of the actual
academic achievement levels and
graduation status of their
children with the most
significant cognitive
disabilities.
``(iii) Secretarial duties.--The
Secretary shall establish a cap for the
purposes of this subparagraph which--
``(I) shall be based on the
most recently available data
on--
``(aa) the incidence
of students with the
most significant
cognitive disabilities;
``(bb) the
participation rates,
including by disability
category, on alternate
assessments using
alternate achievement
standards pursuant to
subsection (b)(3)(E);
``(cc) the percentage
of students, including
by disability category,
scoring at each
achievement level on
such alternate
assessments; and
``(dd) other factors
the Secretary deems
necessary; and
``(II) may not exceed 1
percent of all students in the
combined grades assessed.
``(4) Transition provisions.--
``(A) In general.--The Secretary shall take
such steps as necessary to provide for the
orderly transition to the new accountability
and school improvement systems required under
this subsection from prior accountability and
school improvement systems in existence on the
day before the date of enactment of the Student
Success Act.
``(B) Transition.--To enable the successful
transition described in this paragraph, each
State educational agency receiving funds under
this part shall--
``(i) administer assessments that
were in existence on the day before the
date of enactment of the Student
Success Act and beginning not later
than the 2016-2017 school year,
administer high-quality assessments
described in subsection (b)(3);
``(ii) report student performance on
the assessments described in
subparagraph (I), consistent with the
requirements under this title;
``(iii) set a new baseline for
performance targets, as described in
paragraph (2)(C) and (2)(D), once new
high-quality assessments described in
subsection (b)(3) are implemented;
``(iv) implement the accountability
and school improvement requirements of
sections 1111 and 1116, except--
``(I) the State shall not be
required to identify new
persistently low achieving
schools or schools in need of
improvement under section 1116
for 1 year after high-quality
assessments described in
subsection (b)(3) have been
implemented; and
``(II) shall continue to
implement school improvement
requirements of section 1116 in
persistently low achieving
schools and schools in need of
improvement that were
identified as such in the year
prior to implementation of new
high-quality assessments; and
``(v) assist local educational
agencies in providing training and
professional development on the
implementation of new college and
career ready standards and high-quality
assessments.
``(C) End of transition.--The transition
described in this paragraph shall be completed
by no later than 2 years from the date of
enactment of the Student Success Act.
``(d) Other Provisions to Support Teaching and Learning.--
Each State plan shall contain the following:
``(1) Descriptions.--A description of--
``(A) how the State educational agency will
carry out the responsibilities of the State
under section 1116;
``(B) a plan to identify and reduce
inequities in the allocation of State and local
resources, including nonpersonnel and personnel
resources consistent with the requirements of
section 1120A, between schools that are
receiving funds under this title and schools
that are not receiving such funds under this
title, including--
``(i) a description of how the State
will support local educational agencies
in meeting the requirements of section
1120A; and
``(ii) a description of how the State
will support local educational agencies
to align plans under subparagraph (A),
efforts to improve educator supports
and working conditions described in
section 2112(b)(3), and efforts to
improve the equitable distribution of
teachers and principals described in
section 2112(b)(5), with efforts to
improve the equitable allocation of
resources as described in this
subsection;
``(C) how the State educational agency will
ensure that the results of the State
assessments described in subsection (b)(3) and
the school identifications described in
subsection (c)(1), respectively, will be
provided to local educational agencies,
schools, teachers, and parents promptly, but
not later than before the beginning of the
school year following the school year in which
such assessments, other indicators, or
evaluations are taken or completed, and in a
manner that is clear and easy to understand;
``(D) how the State educational agency will
meet the diverse learning needs of students
by--
``(i) identifying and addressing
State-level barriers to implementation
of universal design for learning, as
described in section 5429(b)(21), and
multi-tier system of supports; and
``(ii) developing and making
available to local educational agencies
technical assistance for implementing
universal design for learning, as
described in section 5429(b)(21), and
multi-tier system of supports;
``(E) for a State educational agency that
adopts alternate achievement standards for
students with the most significant cognitive
disabilities under subsection (b)(4)(D)--
``(i) the clear and appropriate
guidelines for individualized education
program teams to apply in determining
when a student's significant cognitive
disability justifies alternate
assessment based on alternate
achievement standards, which shall
include guidelines to ensure--
``(I) students with the most
significant cognitive
disabilities have access to the
general education curriculum
for the grade in which the
student is enrolled;
``(II) participation in an
alternate assessment does not
influence a student's placement
in the least restrictive
environment;
``(III) determinations are
made separately for each
subject and are re-determined
each year during the annual
individualized education
program team meeting;
``(IV) the student's mode of
communication has been
identified to the extent
possible and accommodated; and
``(V) parents of such
students--
``(aa) give informed
consent that their
child's achievement be
measured against
alternate achievement
standards; and
``(bb) are informed
of any effects of State
and local policies on
the student's education
resulting from
participating in this
alternate assessment;
and
``(VI) students with the most
significant cognitive
disabilities are not precluded
from attempting to complete the
requirements for a regular
secondary school diploma; and
``(ii) the procedures the State
educational agency will use to ensure
and monitor that individualized
education program teams implement the
requirements of clause (i); and
``(iii) the plan to disseminate
information on and promote use of
appropriate accommodations to increase
the number of students with the most
significant cognitive disabilities who
are assessed using achievement
standards described in subparagraphs
(B) and (C) of subsection (b)(4);
``(F) how the State educational agency will
meet the needs of English learners, including--
``(i) the method for identifying an
English learner that shall be used by
all local educational agencies in the
State;
``(ii) the entrance and exit
requirements for students enrolled in
limited English proficient classes,
which shall--
``(I) be based on rigorous
English language standards; and
``(II) prepare such students
to successfully complete the
State's assessments; and
``(iii) timelines and targets for
moving students from the lowest levels
of English language proficiency to the
State-defined English proficient level,
including an assurance that--
``(I) such targets will be
based on student's initial
language proficiency level when
first identified as limited
English proficient and grade;
and
``(II) such timelines will
ensure students achieve English
proficiency by 18 years of age,
unless the State has obtained
prior approval by the
Secretary;
``(G) how the State educational agency will
assist local educational agencies in improving
instruction in all core academic subjects;
``(H) how the State educational agency will
develop and improve the capacity of local
educational agencies to use technology to
improve instruction; and
``(I) how any State educational agency with a
charter school law will support high-quality
public charter schools that receive funds under
this title by--
``(i) ensuring the quality of the
authorized public chartering agencies
in the State by establishing--
``(I) a system of periodic
evaluation and certification of
public chartering agencies
using nationally-recognized
professional standards; or
``(II) a statewide,
independent chartering agency
that meets nationally-
recognized professional
standards;
``(ii) including in the procedure
established pursuant to clause (i)
requirements for--
``(I) the annual filing and
public reporting of
independently audited financial
statements including disclosure
of amount and duration of any
nonpublic financial and in-kind
contributions of support, by
each public chartering agency,
for each school authorized by
such agency, and by each local
educational agency and the
State;
``(II) the adoption and
enforcement of school employee
compensation and conflict of
interest guidelines for all
schools authorized, which shall
include disclosure of executive
pay and affiliated parties with
financial interest in the
management operations, or
contractual obligations of the
school;
``(III) a legally binding
charter or performance contract
between each charter school and
the school's authorized public
chartering agency that--
``(aa) describes the
rights, duties, and
remedies of the school
and the public
chartering agency; and
``(bb) bases charter
renewal and revocation
decisions on an agreed-
to school
accountability plan
which includes
financial and
organizational
indicators, with
significant weight
given to the student
achievement on the
achievement goals,
performance targets,
and growth targets
established pursuant to
subparagraphs (B), (C),
and (D) of subsection
(c)(2), respectively,
for each student
subgroup described in
subsection (c)(3)(A),
as well as
``(iii) developing and implementing,
in consultation and coordination with
local educational agencies, a system of
intervention, revocation, or closure
for charter schools and public
chartering agencies failing to meet the
requirements and standards described in
clauses (i) and (ii), which, at a
minimum provides for--
``(I) initial and regular
review, no less than once every
3 years, of each public
chartering agency; and
``(II) intervention,
revocation, or closure of any
charter school identified for
school improvement under
section 1116.
``(2) Assurances.--Assurances that--
``(A) the State educational agency will
participate in biennial State academic
assessments of 4th, 8th, and 12th grade
reading, mathematics, and science under the
National Assessment of Educational Progress
carried out under section 303(b)(2) of the
National Assessment of Educational Progress
Authorization Act, if the Secretary pays the
costs of administering such assessments;
``(B) the State educational agency will--
``(i) notify local educational
agencies and the public of the content
and student academic achievement
standards and academic assessments
developed under this section, and of
the authority to operate schoolwide
programs; and
``(ii) fulfill the State educational
agency's responsibilities regarding
local educational agency and school
improvement under section 1116;
``(C) the State educational agency will
encourage local educational agencies to
consolidate funds from other Federal, State,
and local sources for school improvement
activities under 1116 and for schoolwide
programs under section 1114;
``(D) the State educational agency has
modified or eliminated State fiscal and
accounting barriers so that schools can easily
consolidate funds from other Federal, State,
and local sources for schoolwide programs under
section 1114;
``(E) that State educational agency will
coordinate data collection efforts to fulfill
the requirements of this Act and reduce the
duplication of data collection to the extent
practicable;
``(F) the State educational agency will
provide the least restrictive and burdensome
regulations for local educational agencies and
individual schools participating in a program
assisted under this part;
``(G) the State educational agency will
inform local educational agencies in the State
of the local educational agency's authority--
``(i) to transfer funds under title
VI;
``(ii) to obtain waivers under part D
of title IX; and
``(iii) if the State is an Ed-Flex
Partnership State, to obtain waivers
under the Education Flexibility
Partnership Act of 1999;
``(H) the State educational agency will work
with other agencies, including educational
service agencies or other local consortia and
comprehensive centers established under the
Educational Technical Assistance Act of 2002,
and institutions to provide professional
development and technical assistance to local
educational agencies and schools;
``(I) the State educational agency will
ensure that local educational agencies in the
State comply with the requirements of subtitle
B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. lll17); and
``(J) the State educational agency has
engaged in timely and meaningful consultation
with representatives of Indian tribes located
in the State in the development of the State
plan to serve local educational agencies under
its jurisdiction in order to--
``(i) improve the coordination of
activities under this Act;
``(ii) meet the purpose of this
title; and
``(iii) meet the unique cultural,
language, and educational needs of
Indian students.
``(e) Family Engagement.--Each State plan shall include a
plan for strengthening family engagement in education. Each
such plan shall, at a minimum, include--
``(1) a description of the State's criteria and
schedule for review and approval of local educational
agency engagement policies and practices pursuant to
section 1112(e)(3);
``(2) a description of the State's system and process
for assessing local educational agency implementation
of section 1118 responsibilities;
``(3) a description of the State's criteria for
identifying local educational agencies that would
benefit from training and support related to family
engagement in education;
``(4) a description of the State's statewide system
of capacity-building and technical assistance for local
educational agencies and schools on effectively
implementing family engagement in education practices
and policies to increase student achievement;
``(5) an assurance that the State will refer to
Statewide Family Engagement Centers, as described in
section 5702, those local educational agencies that
would benefit from training and support related to
family engagement in education; and
``(6) a description of the relationship between the
State educational agency and Statewide Family
Engagement Centers, parent training and information
centers, and community parent resource centers in the
State established under sections 671 and 672 of the
Individuals with Disabilities Education Act.
``(f) Peer Review and Secretarial Approval.--
``(1) Secretarial duties.--The Secretary shall--
``(A) establish a peer-review process to
assist in the review of State plans;
``(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, local
educational agencies, and experts and who are
familiar with educational standards,
assessments, accountability, the needs of low-
performing schools, and other educational needs
of students;
``(C) approve a State plan within 120 days of
its submission unless the Secretary determines
that the plan does not meet the requirements of
this section;
``(D) if the Secretary determines that the
State plan does not meet the requirements of
this section immediately notify the State of
such determination and the reasons for such
determination;
``(E) not decline to approve a State's plan
before--
``(i) offering the State an
opportunity to revise its plan;
``(ii) providing technical assistance
in order to assist the State to meet
the requirements of this section; and
``(iii) providing a hearing; and
``(F) have the authority to disapprove a
State plan for not meeting the requirements of
this part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic content standards or to use
specific academic assessment instruments or
items.
``(2) State revisions.--A State plan shall be revised
by the State educational agency if the revision is
necessary to satisfy the requirements of this section.
``(3) Public review.--Notifications under this
subsection shall be made available to the public
through the website of the Department, including--
``(A) State plans submitted or resubmitted by
a State;
``(B) peer review comments;
``(C) State plan determinations by the
Secretary, including approvals or disapprovals;
``(D) amendments or changes to State plans;
and
``(E) hearings.
``(g) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of
the State's participation under this part or 4
years, whichever is shorter; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part, including information
on the progress the State has made in
fulfilling the requirements of this section.
``(2) Renewal.--A State educational agency that
desires to continue participation under this part shall
submit a renewed plan every 4 years, including
information on progress the State has made in--
``(A) implementing college- and career-ready
content and achievement standards and high-
quality assessments described in paragraph (b);
``(B) meeting its goals and performance
targets described in subsection (c)(2); and
``(C) improving the capacity and skills of
teachers and school leaders as described in
section 2112.
``(2) Additional information.--If significant changes
are made to a State's plan, such as the adoption of new
State academic content standards and State student
achievement standards, new academic assessments, or new
performance goals or target, growth goals or targets,
or graduation rate goals or targets, such information
shall be submitted to the Secretary for approval.
``(h) Failure to Meet Requirements.--If a State fails to meet
any of the requirements of this section, the Secretary may
withhold funds for State administration under this part until
the Secretary determines that the State has fulfilled those
requirements.
``(i) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives
assistance under this part shall prepare and
disseminate an annual State report card. Such
dissemination shall include, at a minimum,
publicly posting the report card on the home
page of the State educational agency's website.
``(B) Implementation.--The State report card
shall be--
``(i) concise; and
``(ii) presented in an understandable
and uniform format and, to the extent
practicable, provided in a language
that the parents can understand.
``(C) Required information.--The State shall
include in its annual State report card--
``(i) information, in the aggregate,
and disaggregated and cross-tabulated
by the same major groups as the
decennial census of the population,
ethnicity, gender, disability status,
migrant status, English proficiency,
and status as economically
disadvantaged, except that such
disaggregation and cross-tabulation
shall not be required in a case in
which the number of students in a
category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student on--
``(I) student achievement at
each achievement level on the
State academic assessments
described in subsection (b)(3),
including the most recent 2-
year trend;
``(II) student growth on the
State academic assessments
described in subsection (b)(3),
including the most-recent 2-
year trend;
``(III) the four-year
adjusted cohort rate, the
extended-year graduation rate
(where applicable), and the
graduation rate by type of
diploma, including the most
recent 2-year trend;
``(IV) data on the State
established equity indicators
under subsection (c)(1)(C);
``(V) the percentage of
students who did not take the
State assessments; and
``(VI) the most recent 2-year
trend in student achievement
and student growth in each
subject area and for each grade
level, for which assessments
under this section are
required;
``(ii) information that provides a
comparison between the actual
achievement levels and growth of each
group of students described in
subsection (c)(3)(A) and the
performance targets and growth targets
in subsection (c)(2) for each such
group of students on each of the
academic assessments and for graduation
rates required under this part;
``(iii) if a State adopts alternate
achievement standards for students with
the most significant cognitive
disabilities, the number and percentage
of students taking the alternate
assessments and information on student
achievement at each achievement level
and student growth, by grade and
subject;
``(iv) the number of students who are
English learners, and the performance
of such students, on the State's
English language proficiency
assessments, including the students'
attainment of, and progress toward,
higher levels of English language
proficiency;
``(v) information on the performance
of local educational agencies in the
State regarding school improvement,
including the number and names of each
school identified for school
improvement under section 1116 and
information on the outcomes of the
equity indicators outlined in section
1111(c)(1)(C);
``(vi) the professional
qualifications of teachers in the
State, the percentage of such teachers
teaching with emergency or provisional
credentials, and the percentage of
classes in the State not taught by
qualified teachers, in the aggregate
and disaggregated by high-poverty
compared to low-poverty schools which,
for the purpose of this clause, means
schools in the top quartile of poverty
and the bottom quartile of poverty in
the State;
``(vii) information on teacher
effectiveness, as determined by the
State, in the aggregate and
disaggregated by high-poverty compared
to low-poverty schools which, for the
purpose of this clause, means schools
in the top quartile of poverty and the
bottom quartile of poverty in the
State;
``(viii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State educational agency evaluates
school performance consistent with
subsection (c), and the criteria that
the State educational agency has
established, consistent with section
1116(a), to determine the status of
schools with respect to school
improvement; and
``(ix) outcomes related to quality
charter authorizing standards as
described in subsection (d)(1)(I),
including, at a minimum, annual filing
as described in subsection
(d)(1)(I)(ii)(I).
``(2) Annual local educational agency report cards.--
``(A) Report cards.--A local educational
agency that receives assistance under this part
shall prepare and disseminate an annual local
educational agency report card.
``(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
``(i) in the case of a local
educational agency--
``(I) the number and
percentage of schools
identified for school
improvement under section 1116
and how long the schools have
been so identified; and
``(II) information that shows
how students served by the
local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole;
``(III) per-pupil
expenditures from Federal,
State, and local sources,
including personnel and
nonpersonnel resources, for
each school in the local
educational agency, consistent
with the requirements under
section 1120A;
``(IV) the number and
percentage of secondary school
students who have been removed
from the 4-year adjusted cohort
by leaver code, and the number
and percentage of students from
each adjusted cohort that have
been enrolled in high school
for more than 4 years but have
not graduated with a regular
diploma; and
``(V) information on the
number of military-connected
students (students who are a
dependent of a member of the
Armed Forces, including reserve
components thereof) served by
the local educational agency
and how such military-dependent
students achieved on the
statewide academic assessment
compared to all students served
by the local educational
agency; and
``(ii) in the case of a school--
``(I) whether the school has
been identified for school
improvement; and
``(II) information that shows
how the school's students
achievement on the statewide
academic assessments and other
improvement indicators compared
to students in the local
educational agency and the
State as a whole.
``(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
``(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
``(E) Public dissemination.--The local
educational agency shall publicly disseminate
the report cards described in this paragraph to
all schools in the school district served by
the local educational agency and to all parents
of students attending those schools in an
accessible, understandable, and uniform format
and, to the extent practicable, provided in a
language that the parents can understand, and
make the information widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies.
``(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the date of enactment of the Student Success Act may
use those report cards for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection.
``(4) Cost reduction.--Each State educational agency
and local educational agency receiving assistance under
this part shall, wherever possible, take steps to
reduce data collection costs and duplication of effort
by obtaining the information required under this
subsection through existing data collection efforts.
``(5) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
``(A) information on the State's progress in
developing and implementing
``(i) the college and career ready
standards described in subsection
(b)(2);
``(ii) the academic assessments
described in subsection (b)(3); and
``(iii) the accountability and school
improvement system described in
subsection (c); and
``(B) the annual State report card under
paragraph (1).
``(6) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(5).
``(7) Parents right-to-know.--
``(A) Achievement information.--At the
beginning of each school year, a school that
receives funds under this subpart shall provide
to each individual parent--
``(i) information on the level of
achievement and growth of the parent's
child on each of the State academic
assessments and, as appropriate, other
improvement indicators adopted in
accordance with this subpart; and
``(ii) timely notice that the
parent's child has been assigned, or
has been taught for four or more
consecutive weeks by, a teacher who is
not qualified or has been found to be
ineffective, as determined by the State
or local educational agency.
``(B) Qualifications.--At the beginning of
each school year, a local educational agency
that receives funds under this part shall
notify the parents of each student attending
any school receiving funds under this part,
information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
``(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
``(ii) Whether the teacher is
teaching under emergency or other
provisional status through which State
qualification or licensing criteria
have been waived.
``(iii) Whether the teacher is
currently enrolled in an alternative
certification program.
``(iv) Whether the child is provided
services by paraprofessionals or
specialized instructional support
personnel and, if so, their
qualifications.
``(C) Access to educational resources.--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, of information regarding
whether and to what extent schools are meeting
the equity indicators described in subsection
(c)(1)(C), including whether such schools are
meeting the needs of subgroups of students.
``(D) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
``(j) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
``(k) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of college and career ready standards, high-
quality academic assessments, and goals and targets that are
valid and reliable, and other relevant areas.
``(l) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section.
``(m) Definitions.--In this section:
``(1) Adjusted cohort; extended-year; entering
cohort; transferred into; transferred out.--
``(A) Adjusted cohort.--Subject to
subparagraph (D)(ii) through (G), the term
`adjusted cohort' means the difference of--
``(i) the sum of--
``(I) the entering cohort;
plus
``(II) any students that
transferred into the cohort in
any of grades 9 through 12;
minus
``(ii) any students that are removed
from the cohort as described in
subparagraph (E).
``(B) Extended year.--The term `extended
year' when used with respect to a graduation
rate, means the fifth or sixth year after the
school year in which the entering cohort, as
described in subparagraph (C), is established
for the purpose of calculating the adjusted
cohort.
``(C) Entering cohort.--The term `entering
cohort' means the number of first-time 9th
graders enrolled in a secondary school 1 month
after the start of the secondary school's
academic year.
``(D) Transferred into.--The term
`transferred into' when used with respect to a
secondary school student, means a student who--
``(i) was a first-time 9th grader
during the same school year as the
entering cohort; and
``(ii) enrolls after the entering
cohort is calculated as described in
subparagraph (B).
``(E) Transferred out.--
``(i) In general.--The term
`transferred out' when used with
respect to a secondary school student,
means a student who the secondary
school or local educational agency has
confirmed has transferred to another--
``(I) school from which the
student is expected to receive
a regular secondary school
diploma; or
``(II) educational program
from which the student is
expected to receive a regular
secondary school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation
required.--The confirmation of
a student's transfer to another
school or educational program
described in clause (i)
requires documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
``(II) Lack of
confirmation.--A student who
was enrolled, but for whom
there is no confirmation of the
student having transferred out,
shall remain in the cohort as a
non-graduate for reporting and
accountability purposes under
this section.
``(iii) Programs not providing
credit.--A student enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular
secondary school diploma shall not be
considered transferred out.
``(F) Cohort removal.--To remove a student
from a cohort, a school or local educational
agency shall require documentation to confirm
that the student has transferred out, emigrated
to another country, or is deceased.
``(G) Treatment of other leavers and
withdrawals.--A student who was retained in a
grade, enrolled in a GED program, aged-out of a
secondary school or secondary school program,
or left secondary school for any other reason,
including expulsion, shall not be considered
transferred out, and shall remain in the
adjusted cohort.
``(H) Special rule.--For those secondary
schools that start after grade 9, the entering
cohort shall be calculated 1 month after the
start of the secondary school's academic year
in the earliest secondary school grade at the
secondary school.
``(2) 4-year adjusted cohort graduation rate.--The
term `4-year adjusted cohort graduation rate' means the
percent obtained by calculating the product of--
``(A) the result of--
``(i) the number of students who--
``(I) formed the adjusted
cohort 4 years earlier; and
``(II) graduate in 4 years or
less with a regular secondary
school diploma; divided by
``(ii) the number of students who
formed the adjusted cohort for that
year's graduating class 4 years
earlier; multiplied by
``(B) 100.
``(3) Extended-year graduation rate.--The term
`extended-year graduation rate' for a school year is
defined as the percent obtained by calculating the
product of the result of--
``(A) the sum of--
``(i) the number of students who--
``(I) form the adjusted
cohort for that year's
graduating class; and
``(II) graduate in an
extended year with a regular
secondary school diploma; or
``(III) graduate before
exceeding the age for
eligibility for a free
appropriate public education
(as defined in section 602 of
the Individuals with
Disabilities Education Act)
under State law; divided by
``(ii) the result of--
``(I) the number of students
who form the adjusted cohort
for that year's graduating
class; plus
``(II) the number of students
who transferred in during the
extended year defined in
paragraph (1)(B), minus
``(III) students who
transferred out, emigrated, or
died during the extended year
defined in paragraph (1)(B);
multiplied by
``(B) 100.
``(4) Leaver code.--The term `leaver code' means a
number or series of numbers and letters assigned to a
categorical reason for why a student left the high
school from which she or he is enrolled without having
earned a regular high school diploma, except that--
``(A) an individual student with either a
duplicative code or whom has not been assigned
a leaver code shall not be removed from the
cohort assigned for the purpose of calculating
the adjusted cohort graduation rate; and
``(B) the number of students with either a
duplicative leaver code or who have not been
assigned a leaver code shall be included in
reporting requirements for the leaver code.
``(5) Multi-tier system of supports.--The term
`multi-tier system of supports' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessment, and
research-based interventions matched to student needs,
and educational decision-making using student outcome
data.
``(6) Graduation rate.--The term `graduation rate'
means a 4-year adjusted cohort graduation rate and the
extended-year graduation rate.
``(7) Regular secondary school diploma.--
``(A) The term `regular secondary school
diploma' means standard secondary school
diploma awarded to the preponderance of
students in the State that is fully aligned
with the State's college and career ready
achievement standards as described under
subsection (b)(4), or a higher diploma. Such
term shall not include GED's, certificates of
attendance, or any lesser diploma awards.
``(B) If a State adopts different paths to
the regular secondary school diploma, such
different paths shall--
``(i) be available to all students in
the State;
``(ii) be equally rigorous in their
requirements; and
``(iii) signify that a student is
prepared for college or a career
without the need for remediation.''.
SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to read
as follows:
``(3) Reservation.--
``(A) In general.--A local educational agency
shall reserve such funds as are necessary under
this part to provide services comparable to
those provided to children in schools funded
under this part to serve--
``(i) homeless children who are
attending any public school served by
the local educational agency, including
providing educationally related support
services to children in shelters and
other locations where children may
live;
``(ii) children in local institutions
for neglected children;
``(iii) if appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day school
programs; and
``(iv) children in foster care (as
defined by section 1442(1)), including
providing points of contact (as
described in section 1441(d)) in local
educational aencies for child welfare
agencies and children in foster care.
``(B) Reservation of funds.--Notwithstanding
the requirements of subsections (b) and (c) of
section 1120A, funds reserved under
subparagraph (A) may be used to provide
homeless children and youths with services not
ordinarily provided to other students under
this part, including providing transportation
pursuant to section 722(g)(1)(J)(iii) of such
Act.
``(C) Amount reserved.--The amount of funds
reserved under subparagraph (A)(i) shall be
determined by an assessment of the numbers and
the needs of homeless children and youths in
the local educational agency.''.
SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
Section 1116 (20 U.S.C. 6316) is amended to read as follows:
``SEC. 1116. SCHOOL IMPROVEMENT.
``(a) Local Review.--
``(1) In general.--Each local educational agency
receiving funds under this part shall--
``(A) use the State academic assessments,
including measures of student growth and
graduation rates, and data on the state-
established equity indicators described in
section 1111(c)(1)(C) and the differentiation
described in section 1111(c)(1)(D) to review,
annually, the progress of each school served
under this part, and consistent with the
parameters described in paragraph (2), to
assist the State in determining whether the
school is--
``(i) meeting performance targets,
growth targets, and graduation rate
targets established under section
1111(c)(2); and
``(ii) making progress to address
school challenges identified using the
state- established equity indicators
described in section 1111(c)(1)(C);
``(B) based on the review conducted under
subparagraph (A), assist the State in
determining whether a school served under this
part is--
``(i) in need of support as described
under section 1111(c)(1)(E)(ii); or
``(ii) a high priority school that
meets the State-established parameters
under paragraph (2);
``(C) publicize and disseminate the results
of the local annual review described in
subparagraph (A) to parents, teachers,
principals, schools, and the community so that
the teachers, principals, other staff, and
schools can improve instruction to help all
children served under this part meet the
college and career ready achievement standards
established under section 1111(b); and
``(D) use the equity indicators established
under section 1111(c)(1)(C) to diagnose school
challenges and measure school progress in
carrying out the school improvement activities
under this section.
``(2) High priority schools.--The State educational
agency shall establish parameters to identify high
priority schools within the local educational agency
that--
``(A) for elementary schools--
``(i) shall use student achievement
on the assessments required under
section 1111(b)(3), including prior
year data;
``(ii) shall use student growth data
on the assessments under section
1111(b)(3), including prior year data;
and
``(iii) shall use, to a lesser extent
than each of the parameters established
in clauses (i) and (ii), data on the
equity indicators established under
section 1111(c)(1)(C); and
``(B) for secondary schools--
``(i) shall use student achievement
on the assessments required under
section 1111(b)(3), including prior
year data;
``(ii) shall use student growth data
on the assessments under section
1111(b)(3), including prior year data;
``(iii) shall use graduation rate
data, including prior year data; and
``(iv) shall use, to a lesser extent
than each of the parameters established
in clauses (i) through clause (iii),
data on the equity indicators
established under section
1111(c)(1)(C); or
``(v) shall include schools with 4-
year adjusted cohort graduation rates
below 67 percent as high priority
schools.
``(b) School Improvement.--
``(1) In general.--Each school served under this part
determined to be a school in need of support pursuant
to section 1111(c)(1)(C)(ii) or a high-priority school
pursuant to 1111(c)(1)(C)(i), shall form a school
improvement team described in paragraph (2) to develop
and implement a school improvement plan described in
paragraph (3) to improve educational outcomes for all
students and address existing resource inequities.
``(2) School improvement team.--
``(A) In general.--Each school described in
paragraph (1) shall form a school improvement
team, which shall include school leaders,
teachers, parents, community members, and
specialized instructional support personnel.
``(B) Schools in need of support.--Each
school improvement team for a school in need of
support may include an external partner and
representatives of the local educational agency
and the State educational agency.
``(C) High-priority schools.--Each school
improvement team for a high-priority school
shall include an external partner and
representatives of the local educational agency
and the State educational agency.
``(3) School improvement plan.--
``(A) In general.--A school improvement team
shall develop, implement, and make publicly
available a school improvement plan that uses
information available under the accountability
and school improvement system established under
section 1111(c), data available under the early
warning indicator system established under
subsection (c)(5), data on the improvement
indicators established under section
1111(c)(1)(D), and other relevant data to
identify--
``(i) each area in which the school
needs support for improvement;
``(ii) the type of support required;
``(iii) how the school plans to use
comprehensive, evidence-based
strategies to address such needs;
``(iv) how the school will measure
progress in addressing such needs using
the goals and targets and improvement
indicators established under paragraphs
(2) and (1)(D) of section 1111(c),
respectively, and identify which of the
goals and targets are not currently
being met by the school; and
``(v) how the school will review its
progress and make adjustments and
corrections to ensure continuous
improvement.
``(B) Planning period.--The school
improvement team may use a planning period,
which shall not be longer than one school year
to develop and prepare to implement the school
improvement plan.
``(C) Plan requirements.--Each school
improvement plan shall describe the following:
``(i) Planning and preparation.--The
activities during the planning period,
including--
``(I) the preparation
activities conducted to
effectively implement the
budgeting, staffing,
curriculum, and instruction
changes described in the plan;
and
``(II) how the school
improvement team engaged
parents and community
organizations.
``(ii) Targets.--The performance,
growth, and graduation rate targets
that contributed to the school's status
as a school in need of support or high-
priority school, and the school
challenges identified by the school
improvement indicators under section
1111(c)(1)(D).
``(iii) Evidence-based, school
improvement strategies.--Evidence-
based, school improvement strategies to
address the factors and challenges
described in clause (ii), to improve
instruction, including in all core
academic subjects, to improve the
achievement of all students and address
the needs of students identified at the
catch-up level of achievement.
``(iv) Needs and capacity analysis.--
A description and analysis of the
school's ability and the resources
necessary to implement the evidence-
based, school improvement strategies
identified under clause (iii),
including an analysis of--
``(I) staffing resources,
such as the number, experience,
training level, effectiveness
as determined by the State or
local educational agency,
responsibilities, and stability
of existing administrative,
instructional, and non-
instructional staff;
``(II) budget resources,
including how Federal, State,
and local funds are being spent
for instruction and operations
to determine how existing
resources can be aligned and
used to support improvement;
``(III) the school
curriculum;
``(IV) the use of time, such
as the school's schedule and
use of additional learning
time; and
``(V) any additional
resources and staff necessary
to effectively implement the
school improvement activities
identified in the school
improvement plan.
``(v) Identifying roles.--The roles
and responsibilities of the State
educational agency, the local
educational agency, the school and, if
applicable, the external partner in the
school improvement activities,
including providing interventions,
support, and resources necessary to
implement improvements.
``(vi) Plan for evaluation.--The plan
for continuous evaluation of the
evidence-based, school improvement
strategies, including implementation of
and fidelity to the school improvement
plan, that includes at least quarterly
reviews of the effectiveness of such
activities.
``(D) Additional requirements for high-
priority schools.--For a persistently-low
achieving school, the school improvement plan
shall, in addition to the requirements
described in subparagraph (B), describe how the
school will--
``(i) address school-wide factors to
improve student achievement,
including--
``(I) establishing high
expectations for all students,
which at a minimum, align with
the achievement standards and
growth standards under section
1111(b)(4);
``(II) improving school
climate, including student
attendance and school
discipline, through the use of
school-wide positive behavioral
supports and interventions and
other evidence based approaches
to improving school climate;
``(III) ensuring that the
staff charged with implementing
the school improvement plan are
engaged in the plan and the
school turnaround effort;
``(IV) establishing clear--
``(aa) benchmarks for
implementation of the
plan; and
``(bb) targets for
improvement on the
equity indicators under
section 1111(c)(1)(C);
``(ii) organize the school to improve
teaching and learning, including
through--
``(I) strategic use of time,
such as--
``(aa) establishing
common planning time
for teachers and
interdisciplinary teams
who share common groups
of students;
``(bb) redesigning
the school calendar
year or day, such as
through block
scheduling, summer
learning programs, or
increasing the number
of hours or days, in
order to create
additional learning
time; or
``(cc) creating a
flexible school period
to address specific
student academic needs
and interests such as
credit recovery,
electives, enrichment
activities, or service
learning; and
``(II) alignment of resources
to improvement goals, such as
through ensuring that students
in transition grades are taught
by teachers prepared to meet
their specific learning needs;
``(iii) increase teacher and school
leader effectiveness, as determined by
the State or local educational agency,
including through--
``(I) demonstrating the
principal has the skills,
capacity, and record of success
to significantly improve
student achievement and lead a
school turnaround, which may
include replacing the
principal;
``(II) improving the
recruitment and retention of
qualified and effective
teachers and school leaders, as
determined by the State or
local educational agency, to
work in the school;
``(III) professional
development activities that
respond to student and school-
wide needs aligned with the
school improvement plan, such
as--
``(aa) training
teachers, school
leaders, and other
administrators together
with staff from schools
making achievement
goals and performance
targets under the
accountability system
under section 1111(c)
that serve similar
populations and in such
schools;
``(bb) establishing
peer learning and
coaching among
teachers; or
``(cc) facilitating
collaboration,
including through
professional
communities across
subject area and
interdisciplinary
groups and similar
schools;
``(IV) appropriately
identifying teachers for each
grade and course; and
``(V) the development of
effective leadership
structures, supports, and clear
decision making processes, such
as through developing
distributive leadership and
leadership teams;
``(iv) improve curriculum and
instruction, including through--
``(I) demonstrating the
relevance of the curriculum and
learning for all students,
including instruction in all
core academic subjects, and may
include the use of online
course-work as long as such
course-work meets standards of
quality and best practices for
online education;
``(II) increasing access to
rigorous and advanced course-
work, including adoption and
implementation of a college-
and career-ready curriculum,
and evidence-based, engaging
instructional materials aligned
with such a curriculum, for all
students;
``(III) increasing access to
contextualized learning
opportunities aligned with
readiness for postsecondary
education and the workforce,
such as providing--
``(aa) work-based,
project-based, and
service-learning
opportunities; or
``(bb) a high-
quality, college
preparatory curriculum
in the context of a
rigorous career and
technical education
core;
``(IV) regularly collecting
and using data to inform
instruction, such as--
``(aa) through use of
formative assessments;
``(bb) creating and
using common grading
rubrics; or
``(cc) identifying
effective instructional
approaches to meet
student needs; and
``(V) emphasizing core skills
instruction, such as literacy,
across content areas;
``(v) provide students with academic
and social support to address
individual student learning needs,
including through--
``(I) ensuring access to
services and expertise of
specialized instructional
support personnel;
``(II) supporting students at
the catch-up level of
achievement who need intensive
intervention;
``(III) increasing
personalization of the school
experience through learning
structures that facilitate the
development of student and
staff relationships;
``(IV) offering extended-
learning, credit recovery,
mentoring, or tutoring options
of sufficient scale to meet
student needs;
``(V) providing evidence-
based, accelerated learning for
students with academic skill
levels below grade level;
``(VI) coordinating and
increasing access to integrated
services, such as providing
specialized instructional
support personnel;
``(VII) providing
transitional support between
grade-spans, including
postsecondary planning.
``(VIII) meeting the diverse
learning needs of all students
through strategies such as a
multi-tier system of supports
and universal design for
learning, as described in
section 5429(b)(21); and
``(IX) engaging families and
community partners, including
community-based organizations,
organizations representing
underserved populations, Indian
tribes (as appropriate),
organizations assisting parent
involvement, institutions of
higher education, and
businesses, in school
improvement activities through
evidence-based strategies.
``(E) Submission and approval.--The school
improvement team shall submit the school
improvement plan to the local educational
agency or the State educational agency, as
determined by the State educational agency
based on the local educational agency's ability
to effectively monitor and support the school
improvement activities. Upon receiving the
plan, the local educational agency or the State
educational agency, as appropriate, shall--
``(i) establish a peer review process
to assist with review of the school
improvement plan; and
``(ii) promptly review the plan, work
with the school improvement team as
necessary, and approve the plan if the
plan meets the requirements of this
paragraph.
``(F) Revision of plan.--A school improvement
team may revise the school improvement plan as
additional information and data is available.
``(G) Implementation.--A school with the
support and assistance of the local educational
agency shall implement the school improvement
plan expeditiously, but not later than the
beginning of the next full school year after
identification for improvement.
``(4) Evaluation of school improvement.--
``(A) In general.--
``(i) Review.--The State educational
agency or local educational agency, as
determined by the State in accordance
with paragraph (3)(D) shall, annually,
review data with respect to each school
in need of support and each high-
priority school to set clear benchmarks
for progress, to guide adjustments and
corrections, to evaluate whether the
supports and interventions identified
within the school improvement plan are
effective and the school is meeting the
targets for improvement established
under its such plan, and to specify
what actions ensue for schools not
making progress.
``(ii) Data.--In carrying out the
annual review under clause (i), the
school, the local educational agency,
or State educational agency shall
measure progress on--
``(I) student achievement,
student growth, and graduation
rates against the goals and
targets established under
section 1111(c)(2); and
``(II) equity indicators as
established under section
1111(c)(1)(C).
``(B) Schools in need of support.--If, after
3 years of implementing its school improvement
plan, a school in need of support does not meet
the goals and targets under section 1111(c)(2)
that were identified under the school
improvement plan as not being met by the school
and the equity indicators established under
section 1111(c)(1)(C), then--
``(i) the local educational agency
shall evaluate school performance and
other data, and provide intensive
assistance to that school in order to
improve the effectiveness of the
interventions; and
``(ii) the State educational agency
or the local educational agency, as
determined by the State, shall
determine whether the school shall
partner with an external partner--
``(I) to revise the school
improvement plan; and
``(II) to improve, and as
appropriate, revise, school
improvement strategies that
meet the requirements of
paragraph (3)(B)(iii).
``(C) High priority schools.--If, after 3
years of implementing its school improvement
plan, a high priority school does not
demonstrate progress on the goals and targets
under section 1111(c)(2) that were identified
under the school improvement plan as not being
met by the school or the equity indicators
established under section 1111(c)(1)(C), then
the local educational agency, in collaboration
with the State educational agency, will take
steps to ensure more rigorous evidence-based
interventions are implemented, which may
include partnering with an external partner
with demonstrated results improving schools.
``(D) High priority school.--If, after 5
years of implementing its school improvement
plan, a high priority school does not
demonstrate progress on the goals and targets
under section 1111(c)(2) that were identified
under the school improvement plan as not being
met by the school and the equity indicators
established under section 1111(c)(1)(C), then--
``(i) the local educational agency,
in collaboration with the State
educational agency, shall determine
actionable next steps which may include
school closure, replacement, or State
take-over of such school, shall provide
all students enrolled with new high-
quality educational options;
``(ii) the local educational agency,
and as appropriate the State
educational agency, shall develop and
implement a plan to assist with any
resulting transition of the school
under clause (i) that--
``(I) is developed in
consultation with parents and
the community;
``(II) addresses the needs of
the students at the school by
considering strategies such
as--
``(aa) opening a new
school;
``(bb) graduating out
current students and
closing the school in
stages; and
``(cc) enrolling the
students who attended
the school in other
schools in the local
educational agency that
are higher achieving,
provided the other
schools are within
reasonable proximity to
the closed school and
ensures receiving
schools have the
capacity to enroll
incoming students; and
``(III) provides information
about high-quality educational
options and transition and
support services to students
who attended that school and
their parents.
``(c) Local Educational Agency Responsibilities.--A local
educational agency served by this part, in supporting the
schools identified as a school in need of support or a high-
priority school served by the agency, shall--
``(1) address resource inequities to improve student
achievement by--
``(A) targeting resources and support to
those schools identified as high priority or as
in need of support, including additional
resources and staff necessary to implement the
school improvement plan, as described in
subsection (b)(3)(C)(iv)(V), and
``(B) ensuring the local educational agency
budget calendar is aligned with school staff
and budgeting needs;
``(2) address local educational agency-wide factors
to improve student achievement by--
``(A) supporting the use of data to improve
teaching and learning through--
``(i) improving longitudinal data
systems;
``(ii) regularly analyzing and
disseminating usable data to educators,
parents, and students;
``(iii) building the data and
assessment literacy of teachers and
principals; and
``(iv) evaluating at kindergarten
entry the kindergarten readiness of
children and addressing the educational
and development needs determined by
such evaluation;
``(B) addressing school transition needs of
the local educational agency by--
``(i) using kindergarten readiness
data to consider improving access to
high-quality early education
opportunities; and
``(ii) providing targeted research-
based interventions to middle schools
that feed into high schools identified
for school improvement under this
section;
``(C) supporting human capital systems that
ensure there is a sufficient pool of qualified
and effective teachers and school leaders, as
determined by the State or local educational
agency, to work in schools served by the local
educational agency;
``(D) developing support for school
improvement plans among key stakeholders such
as parents and families, community groups
representing underserved populations, Indian
tribes (as appropriate), educators, and
teachers;
``(E) carrying out administrative duties
under this section, including evaluation for
school improvement and technical assistance for
schools; and
``(F) coordinating activities under this
section with other relevant State and local
agencies, as appropriate;
``(3) supporting professional development activities
for teachers, school leaders, and specialized
instructional support personnel aligned to school
improvement activities;
``(4) address curriculum and instruction factors to
improve student achievement by--
``(A) ensuring curriculum alignment with the
State's early learning standards and
postsecondary education programs;
``(B) providing academically rigorous
education options such as--
``(i) effective dropout prevention,
credit and dropout recovery and
recuperative education programs for
disconnected youth and students who are
not making sufficient progress to
graduate high school in the standard
number of years or who have dropped out
of high school;
``(ii) providing students with
postsecondary learning opportunities,
such as through access to a relevant
curriculum or course of study that
enables a student to earn a secondary
school diploma and--
``(I) an associate's degree;
or
``(II) not more than 2 years
of transferable credit toward a
postsecondary degree or
credential;
``(iii) integrating rigorous academic
education with career training,
including training that leads to
postsecondary credentials for students;
``(iv) increasing access to Advanced
Placement or International
Baccalaureate courses and examinations;
or
``(v) developing and utilizing
innovative, high quality distance
learning strategies to improve student
academic achievement; and
``(C) considering how technology can be used
to support school improvement activities;
``(5) address student support factors to improve
student achievement by--
``(A) establishing an early warning indicator
system to identify students who are at risk of
dropping out of high school and to guide
preventive and recuperative school improvement
strategies, including--
``(i) identifying and analyzing the
academic risk factors that most
reliably predict dropouts by using
longitudinal data of past cohorts of
students;
``(ii) identifying specific
indicators of student progress and
performance, such as attendance,
academic performance in core courses,
and credit accumulation, to guide
decision making;
``(iii) identifying or developing a
mechanism for regularly collecting and
analyzing data about the impact of
interventions on the indicators of
student progress and performance; and
``(iv) analyzing academic indicators
to determine whether students are on
track to graduate secondary school in
the standard numbers of years; and
``(B) identifying and implementing strategies
for pairing academic support with integrated
student services and case-managed interventions
for students requiring intensive supports which
may include partnerships with other external
partners;
``(6) promote family outreach and engagement in
school improvement activities, including those required
by section 1118, to improve student achievement;
``(7) for each school identified for school
improvement, ensure the provision of technical
assistance as the school develops and implements the
school improvement plan throughout the plan's duration;
and
``(8) identify school improvement strategies that are
consistently improving student outcomes and disseminate
those strategies so that all schools can implement
them.
``(d) State Educational Agency Responsibilities.--A State
educational agency served by this part, in supporting schools
identified as a school in need of support or a high-priority
school and the local educational agencies serving such schools,
shall--
``(1) assess and address local capacity constraints
to ensure that its local educational agencies can meet
the requirements of this section;
``(2) target resources and support to those schools
in the State that are identified as a school in need of
support or a high-priority school and to local
educational agencies serving such schools, including
additional resources necessary to implement the school
improvement plan as described in subsection
(b)(3)(C)(iv)(V);
``(3) provide support and technical assistance,
including assistance to school leaders, teachers, and
other staff, to assist local educational agencies and
schools in using data to support school equity and in
addressing the equity indicators described in section
1111(c)(1)(C);
``(4) identify school improvement strategies that are
consistently improving student outcomes and disseminate
those strategies so that all schools can implement
them;
``(5) leverage resources from other funding sources,
such as school improvement funds, technology funds, and
professional development funds to support school
improvement activities;
``(6) provide a statewide system of support,
including regional support services, to improve
teaching, learning, and student outcomes;
``(7) assist local educational agencies in developing
early warning indicator systems;
``(8) with respect to schools that will work with
external partners to improve student achievement--
``(A) develop and apply objective criteria to
potential external partners that are based on a
demonstrated record of effectiveness in school
improvement;
``(B) maintain an updated list of approved
external partners across the State;
``(C) develop, implement, and publicly report
on standards and techniques for monitoring the
quality and effectiveness of the services
offered by approved external partners, and for
withdrawing approval from external partners
that fail to improve high-priority schools; and
``(D) may identify external partners as
approved, consistent with the requirements
under paragraph (7), who agree to provide
services on the basis of receiving payments
only when student achievement has increased at
an appropriate level as determined by the State
educational agency and school improvement team
under subsection (b)(2); and
``(9) carry out administrative duties under this
section, including providing monitoring and technical
assistance to local educational agencies and schools.
``(e) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to alter or otherwise affect the rights,
remedies, and procedures afforded school or local
educational agency employees under Federal, State, or
local laws (including applicable regulations or court
orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other
agreements between such employees and their employers;
``(2) to require a child to participate in an early
learning program; or
``(3) to deny entry to kindergarten for any
individual if the individual is legally eligible, as
defined by State or local law.
``(f) Definition.--In this section, the term `external
partner' means an entity--
``(1) that is an organization such as a nonprofit
organization, community-based organization, local
education fund, service organization, educational
service agency, or institution of higher education; and
``(2) that has demonstrated expertise, effectiveness,
and a record of success in providing evidence-based
strategies and targeted support such as data analysis,
professional development, or provision of nonacademic
support and integrated student services to local
educational agencies, schools, or students that leads
to improved teaching, learning, and outcomes for
students.''.
SEC. 106. PARENTAL INVOLVEMENT.
(a) Parental Involvement.--Section 1118 (20 U.S.C. 6318) is
amended--
(1) by redesignating subsections (a) through (h) as
subsections (b) through (i), respectively; and
(2) by inserting before subsection (b), as
redesignated by paragraph (1), the following:
``(a) In General.--Each local educational agency and each
school receiving funds under this part shall develop policies
and practices for family engagement in education that meet the
following principles and standards for family-school
partnerships:
``(1) Welcome all families to be active participants
in the life of the school, so that they feel valued and
connected to each other, school staff, and student
learning.
``(2) Communicate effectively by ensuring regular
two-way, meaningful communication between family
members and local educational agency and school staff
in a manner, language, and with technology that family
members can understand and access.
``(3) Support student success by fostering continuous
collaboration between family members and local
educational agency and school staff to support student
learning and healthy student development at school and
at home.
``(4) Speak up for every child and empower family
members to be advocates for all students within the
school.
``(5) Ensure that family members, local educational
agencies, and school staff are equal partners in family
engagement in education decisionmaking.
``(6) Collaborate with community organizations and
groups to turn the school into a hub of community life.
``(7) Create a continuum of family engagement in
education in student learning and development from
birth to young adulthood.
``(8) Train and support superintendents, principals,
teachers, and specialized instructional support
personnel to fully engage families in the education of
their children.''.
(b) Written Policy.--Section 1118(b)(2), as redesignated by
subsection (a), is amended--
(1) in subparagraph (C), by striking ``subsection
(e)'' and inserting ``subsection (f)'';
(2) in subparagraph (E), by striking ``and'' after
the semicolon;
(3) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following:
``(G) participate in evaluations of the
effectiveness of family engagement in education
strategies and policies; and
``(H) participate in developing
recommendations for creating a positive school
climate and safe and healthy schools.''.
(c) Reservation.--Section 1118(b)(3)(A), as redesignated by
subsection (a), is amended to read as follows:
``(A) In general.--Each local educational
agency shall reserve not less than 2 percent of
its allocation under subpart 2 to carry out
this section, except that this subparagraph
shall not apply if 2 percent is such agency's
allocation under subpart 2 for the fiscal year
for which the determination is made is $10,000
or less.''.
(d) Distribution.--Section 1118(b)(3)(C), as redesignated by
subsection (a), is amended to read as follows:
``(C) Distribution.--Not more than 20 percent
of the funds reserved under subparagraph (A)
shall be available for local educational agency
programming and technical assistance to schools
served under this part.''.
(e) Reserved Funds.--Section 1118(b)(3), as redesignated by
subsection (a), is amended--
(1) by redesignating subparagraphs (B) and (c) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the
following:
``(B) Use of funds.--Funds reserved under
subparagraph (A) may be used for the following:
``(i) Increasing capacity through
establishment of a dedicated office or
dedicated office or dedicated personnel
within the local educational agency or
at the school level for family
engagement in education.
``(ii) Supporting schools and
nonprofit organizations in providing
professional development on family
engagement in education for school
staff, parent leadership training,
family literacy and numeracy programs,
home visitation programs, family
volunteerism programs, and other
innovative programs that meaningfully
engage families.
``(iii) Providing technical
assistance and training to schools on
the implementation and assessment of
family engagement in education policies
and practices.
``(iv) Providing additional support
to schools that have been identified
for improvement under section 1116(b)
to assist in the implementation of
family engagement in education
programs.
``(v) Partnering with the Statewide
Family Engagement Center and local
community-based organizations to
identify community resources, services,
and supports to remove economic
obstacles to family engagement in
education by meeting families' needs.
``(vi) Supporting schools and
eligible entities in the development
and implementation of research-based
practices and programs that emphasize
the importance of family engagement in
academic success and positive
development by addressing factors such
as--
``(I) successful transitions
from early learning to
kindergarten through grade 12
settings;
``(II) improved understanding
of and shared responsibility
for student success;
``(III) improved
understanding and use of
student and school data;
``(IV) open, effective
communication between schools
and families;
``(V) early warning
indicators that a student is at
risk of not graduating on time;
``(VI) improved understanding
of State and local
accountability systems,
academic standards and student
assessments;
``(VII) parent and community
advocacy to increase parent
participation;
``(VIII) improved
understanding of the parents'
role in academic, social, and
financial preparation for
postsecondary education,
including career and technical
education.
``(vii) Assisting schools in the
development, implementation, and
assessment of family engagement in
education plans.
``(viii) Monitoring and evaluating
the family engagement in education in
education policies and practices funded
under this section.
``(ix) Supporting other activities
approved in the local educational
agency's plan for improving family
engagement in education.''.
(f) School Parental Involvement Policy.--Section 1118(c)(1),
as redesignated by subsection (a), is amended in the first
sentence by striking ``subsections (c) through (f)'' and
inserting ``subsections (d) through (g)''.
(g) Shared Responsibility for High Student Achievement.--
Section 1118(e), as redesignated by subsection (a), is
amended--
(1) in the matter preceding paragraph (1), by
striking ``subsection (b)'' and inserting ``subsection
(c)''; and
(2) by striking paragraph (1) and inserting the
following:
``(1) describe the school's responsibility to--
``(A) provide high-quality curriculum and
instruction in a supportive and effective
learning environment that enables the children
served under this part to meet the State's
student academic achievement standards, and the
ways in which parents and families will support
their children's learning, such as--
``(i) monitoring attendance and
homework completion;
``(ii) volunteering in their child's
classroom or school; and
``(iii) participating, as
appropriate, in decisions relating to
the education of their children and
positive use of extracurricular time;
and
``(B) engage families in the development of
recommendations for student attendance,
expectations, behavior, and school safety,
including the development of reasonable
disciplinary policies and interventions, such
as the implementation of school-wide positive
behavior interventions and supports and the
phase-out of out-of-school suspension and
expulsion and to address bullying and
harassment; and''.
SEC. 107. PARAPROFESSIONALS.
Section 1119 (20 U.S.C. 6319) is amended--
(1) by striking subsections (c) through (g) and
inserting the following:
``(c) Paraprofessionals.--
``(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals working in a program supported
with funds under this part shall have--
``(A) completed at least 2 years of study at
an institution of higher education;
``(B) obtained an associate's (or higher)
degree; or
``(C) met a rigorous standard of quality and
can demonstrate, through a formal State or
local academic assessment--
``(i) knowledge of, and the ability
to assist in instructing, reading,
writing, and mathematics; or
``(ii) knowledge of, and the ability
to assist in instructing, reading
readiness, writing readiness, and
mathematics readiness, as appropriate.
``(2) Clarification.--The receipt of a secondary
school diploma (or its recognized equivalent) shall be
necessary but not sufficient to satisfy the
requirements of paragraph (1)(C).
``(d) Exception for Translation and Parental Involvement
Activities.--Subsection (c) shall not apply to a
paraprofessional--
``(1) who is proficient in English and a language
other than English and who provides services primarily
to enhance the participation of children in programs
under this part by acting as a translator; or
``(2) whose duties consist solely of conducting
parental involvement activities consistent with section
1118.
``(e) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessionals' hiring date, have earned a secondary school
diploma or its recognized equivalent.
``(f) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
a paraprofessional working in a program supported with
funds under this part is not assigned a duty
inconsistent with this subsection.
``(2) Responsibilities paraprofessionals may be
assigned.--A paraprofessional described in paragraph
(1) may be assigned--
``(A) to provide one-on-one tutoring for
eligible students, if the tutoring is scheduled
at a time when a student would not otherwise
receive instruction from a teacher;
``(B) to assist with classroom management,
such as organizing instructional and other
materials;
``(C) to provide assistance in a computer
laboratory;
``(D) to conduct parental involvement
activities;
``(E) to provide support in a library or
media center;
``(F) to act as a translator; or
``(G) to provide instructional services to
students in accordance with paragraph (3).
``(3) Additional limitations.--A paraprofessional
described in paragraph (1)--
``(A) may not provide any instructional
service to a student unless the
paraprofessional is working under the direct
supervision of a teacher consistent with
section 1119; and
``(B) may assume limited duties that are
assigned to similar personnel who are not
working in a program supported with funds under
this part, including duties beyond classroom
instruction or that do not benefit
participating children, so long as the amount
of time spent on such duties is the same
proportion of total work time as prevails with
respect to similar personnel at the same
school.''.
SEC. 108. COMPARABLE ALLOCATION OF EXPENDITURES.
(a) Amendment.--Section 1120A(c) (20 U.S.C. 6321(c)) is
amended to read as follows:
``(c) Comparable Allocation of Expenditures.--
``(1) In general.--
``(A) Comparable funding.--Not later than 5
full school years after the date of enactment
the Student Success Act, except as provided in
paragraphs (5), (6), and (7), a local
educational agency may receive funds under this
part for a fiscal year only if, for the
preceding fiscal year, the combined expenditure
per pupil of State and local funds, including
personnel and nonpersonnel costs, in each
school served under this part was at least
comparable to the average combined expenditure
per pupil of State and local funds, including
personnel and nonpersonnel costs, across all
schools served by the local educational agency
that are not receiving funds under this part.
``(B) Comparable funding among title i
schools.--In any case where all of the schools
served by a local educational agency receive
support under this part, such agency may
receive funds under this part only if, for the
preceding fiscal year, the combined expenditure
per pupil of State and local funds in each
higher poverty school is at least comparable to
the average combined expenditure per pupil of
State and local funds across all lower poverty
schools.
``(2) Equivalence.--A local educational agency shall
be considered to have met the requirements of paragraph
(1), and to be eligible to receive funds under this
part, if--
``(A) such agency has filed annually with the
State educational agency a school-by-school
listing of per-pupil expenditures of State and
local funds, as described in paragraph (1), for
each school served by the agency for the
preceding fiscal year; and
``(B) the listing described in subparagraph
(A) demonstrates comparable allocation of per-
pupil expenditures across schools as required
by subparagraph (A) or (B) of paragraph (1).
``(3) Basis.--A local educational agency may meet the
requirements of paragraphs (1) or (2) across all
schools or among schools serving a particular grade
span, if the local educational agency compares schools
within not more than three grade spans.
``(4) Requirements.--
``(A) Requirements of the secretary.--The
Secretary shall issue regulations concerning
the responsibilities of State educational
agencies and local educational agencies for
meeting the requirements of this subsection.
``(B) Requirements of states.--Each State
educational agency receiving funds under this
part shall--
``(i) create and distribute to local
educational agencies, and make
available to the public, regulations on
the responsibilities of local
educational agencies for meeting the
requirements of this subsection; and
``(ii) submit a plan to the
Secretary, required under section
1111(d)(1)(B).
``(C) Requirements of local educational
agencies.--Not later than 18 months after the
date of enactment of the Student Success Act,
each local educational agency receiving funds
under this part shall develop and submit to the
State educational agency a plan, which shall be
made available to the public, that will ensure
comparable allocation of resources as described
in paragraph (1) not later than 5 full school
years after the date of enactment of the
Student Success Act, including information on--
``(i) a timeline and annual
benchmarks for making progress toward
achieving comparable allocation of
resources; and
``(ii) how the local educational
agency is aligning school improvement
efforts described under section 1116(b)
and (c), efforts to improve educator
supports and working conditions
described in section 2112(b)(3), and
efforts to improve the equitable
distribution of teachers and principals
described in section 2112(b)(5), with
efforts to improve the comparable
allocation of resources as described in
this subsection;
``(5) Inapplicability.--This subsection shall not
apply to a local educational agency that does not have
more than one building for each grade span.
``(6) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational
agency--
``(A) shall exclude State and local funds
expended for the excess costs of providing
English language instruction for Limited
English Proficient students as determined by
the local educational agency;
``(B) shall exclude State and local funds
expended for the excess costs of providing
services to children with disabilities as
determined by the local educational agency;
``(C) may exclude capital expenditures; and
``(D) may exclude supplemental State or local
funds expended in any school attendance area or
school for programs that meet the intent and
purpose of this part.
``(7) Exclusions.--A local educational agency need
not include unpredictable or significant changes in
student enrollment or personnel assignments that occur
after the beginning of a school year in determining the
comparable allocation of expenditures under this
subsection.
``(8) Transitional compliance.--Beginning on the date
of enactment of Student Success Act, for no more than 5
full school years a local educational agency shall be
deemed to be in compliance with paragraph (1) and
paragraph (4)(C)(i) for any school year, if the
teachers hired to fill vacancies for individual schools
served under this part, and for the schools not served
under this part, improve the comparable allocation of
combined State and local per pupil expenditures
compared to the preceding school year.
``(9) Waiver.--A local educational agency may apply
to the Secretary to waive the requirement of paragraph
(1), for not more than 1 year at a time, if the
Secretary determines that the failure to comply with
such requirement is due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
agency's financial resources.
``(10) Rule of construction.--Nothing in this section
shall be construed to alter or otherwise affect the
rights, remedies, and procedures afforded school or
local educational agency employees under Federal,
State, or local laws (including applicable regulations
or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or
other agreements between such employees and their
employers.
``(11) No forced transfers.--Nothing in this
subsection shall be construed to require a local
educational agency to transfer school personnel in
order to comply with the requirements of this
subsection.''.
SEC. 109. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6321(c)) is amended to read as
follows:
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall--
``(1) coordinate, as feasible, with early childhood
programs to carry out the activities described in
subsection (b); and
``(2) develop agreements with Head Start agencies to
carry out the activities described in subsection (b).
``(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the local
educational agency and a Head Start agency and, if feasible,
other entities carrying out early childhood development
programs serving children who will attend the schools of the
local educational agency, including--
``(1) developing and implementing a systematic
procedure for receiving records regarding such
children, transferred with parental consent from a Head
Start program or, where applicable, another early
childhood development program;
``(2) establishing channels of communication between
school staff and in such Head Start agencies or other
entities carrying out early their counterparts
(including teachers, social workers, and health staff)
childhood development programs, as appropriate, to
facilitate coordination of programs;
``(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs, to discuss the
developmental and other needs of individual children;
``(4) organizing and participating in joint
transition-related training of school staff, Head Start
program staff, and, where appropriate, other early
childhood development program staff; and
``(5) linking the educational services provided by
such local educational agency with the services
provided by local Head Start agencies.
``(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations
promulgated under the Head Start Act.''.
SEC. 110. TREATMENT OF THE OUTLYING AREAS AND BUREAU OF INDIAN
EDUCATION SCHOOLS.
(a) In General.--Section 1121 (20 U.S.C. 6331) is amended--
(1) in the section heading, by striking ``THE
OUTLYING AREAS AND'';
(2) by amending subsection (a) to read as follows:
``(a) Reservation of Funds.--
``(1) In general.--From the amount appropriated for
payments to States for any fiscal year under sections
1002(a) and 1125A(f), the Secretary shall reserve--
``(A) for each fiscal year until the fiscal
year described in paragraph (2), .67 percent to
provide assistance to the Secretary of the
Interior in the amount necessary to make
payments pursuant to subsection (b); and
``(B) for the fiscal year described in
paragraph (2) and each succeeding fiscal year,
0.75 percent to provide assistance to the
Secretary of the Interior in the amount
necessary to make payments pursuant to such
subsection.
``(2) Description of fiscal year.--A fiscal year
described in this paragraph is a fiscal year for which
the total amount allocated under this part for each
State, after reserving funds in accordance with
paragraph (1)(B), would be an amount that is not less
than the total amount allocated under this part for
such State for fiscal year 2015.'';
(3) by striking subsections (b) and (c);
(4) by redesignating subsection (d) as subsection
(b); and
(5) in subsection (b), as so redesignated--
(A) by amending paragraph (1) to read as
follows:
``(1) In general.--The amount allotted for payments
to the Secretary of the Interior under subsection (a)
for any fiscal year shall be used to meet the special
educational needs of--
``(A) Indian children on reservations served
by elementary schools and secondary schools for
Indian children operated or supported by the
Department of the Interior; and
``(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the
Interior.''; and
(B) in paragraph (2), by striking
``subsection (a)(2)'' and inserting
``subsection (a)''.
(b) Allocations to States.--Section 1122 (20 U.S.C. 6332) is
amended by striking subsection (e).
(c) Basic Grants to Local Educational Agencies.--Section
1124(d) (20 U.S.C. 6333(d)) is amended--
(1) in paragraph (2), by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), respectively, and
indenting appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking ``Notwithstanding section 1122'' and
inserting the following:
``(1) In general.--Notwithstanding section 1122 and
except as provided in paragraph (2)'';
(4) in paragraph (1)(B)(i) (as so redesignated), by
striking ``calculated in paragraph (1)'' and inserting
``calculated in subparagraph (A)''; and
(5) by adding at the end the following new paragraph:
``(2) Exception.--American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands shall each receive one-
half of the lesser of the amounts calculated for each
such jurisdiction under subparagraphs (A) and (B) of
paragraph (1).''.
(d) Concentration Grants to Local Educational Agencies.--
Section 1124A(a)(1)(B) (20 U.S.C. 6334(a)(1)(B)) is amended--
(1) by inserting ``State minimum.--'' after the
subparagraph enumerator;
(2) in clause (ii)--
(A) in subclause (II), by redesignating items
(aa) and (bb) as subitems (AA) and (BB),
respectively, and indenting appropriately; and
(B) by redesignating subclauses (I) and (II)
as items (aa) and (bb), respectively, and
indenting appropriately;
(3) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and indenting
appropriately;
(4) by striking ``Notwithstanding section 1122'' and
inserting the following:
``(i) In general.--Notwithstanding
section 1122 and except as provided in
clause (ii)'';
(5) in clause (i)(II)(aa) (as so redesignated) by
striking ``calculated under clause (i)'' and inserting
``calculated under subclause (I)''; and
(6) by adding at the end the following new clause:
``(ii) Exception.--American Samoa,
Guam, the Commonwealth of the Northern
Mariana Islands, and the United States
Virgin Islands shall each receive one-
half of the lesser of the amounts
calculated for each such jurisdiction
under subclauses (I) and (II) of clause
(i).''.
(e) Targeted Grants to Local Educational Agencies.--Section
1125(e) (20 U.S.C. 6335(e)) is amended--
(1) in paragraph (2), by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), respectively, and
indenting appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) by striking ``Notwithstanding any other provision
of this section or section 1122'' and inserting the
following:
``(1) In general.--Notwithstanding section 1122 and
except as provided in paragraph (2)'';
(4) by adding at the end the following new paragraph:
``(2) Exception.--American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands shall each receive one-
half of the lesser of the amounts calculated for each
such jurisdiction under subparagraphs (A) and (B) of
paragraph (1).''.
(f) Education Finance Incentive Grant Program.--Section
1125A(b) (20 U.S.C. 6337(b)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by redesignating
subclauses (I) and (II) as items (aa) and (bb),
respectively, and indenting appropriately;
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and
indenting appropriately;
(C) by striking ``Notwithstanding any other
provision of this section or section 1122'' and
inserting the following:
``(i) In general.--Notwithstanding
section 1122 and except as provided in
clause (ii)''; and
(D) by adding at the end the following new
clause:
``(ii) Exception.--American Samoa,
Guam, the Commonwealth of the Northern
Mariana Islands, and the United States
Virgin Islands shall each receive one-
half of the lesser of the amounts
calculated for each such jurisdiction
under subclauses (I) and (II) of clause
(i).''; and
(2) in paragraph (2)(B)--
(A) in the subparagraph heading, by inserting
``and certain outlying areas'' before the
period at the end; and
(B) by adding after ``Commonwealth of Puerto
Rico'' the following: ``, American Samoa, Guam,
the Commonwealth of the Northern Mariana
Islands, and the United States Virgin
Islands''.
(g) Definition.--Section 9101(30) (20 U.S.C. 7801(30)) is
amended by striking ``section 1121(b) and any other'' and
inserting ``any''.
SEC. 111. SUPPORT FOR HIGH-QUALITY ASSESSMENTS.
(a) Amendment.--Part A of title I (20 U.S.C. 6311 et seq.) is
amended by adding at the end the following new subpart:
``Subpart 3--Support for High-Quality Assessments
``SEC. 1131. GRANTS TO IMPROVE DELIVERY OF HIGH-QUALITY ASSESSMENTS AND
FOR RELATED ACTIVITIES.
``(a) In General.--From the amount reserved under section
1134(b)(5) and subject to subparagraphs (A) and (B) of such
section, the Secretary shall make grants by allocating funds in
accordance with subsection (b) of this section to States to
enable the States to--
``(1) develop, administer, and further align State
assessments required by section 1111(b)(3) to State
content standards required by section 1111(b)(1);
``(2) ensure the provision of appropriate
accommodations as required by section 1111(b)(3) to
students with limited English proficiency and students
with disabilities to improve the rates of inclusion in
State assessments of such students;
``(3) develop State assessment systems aligned to the
State's content standards that support systems of
continuous improvement and meet the assurance of
coordination and alignment as described in section
1111(b)(3)(H);
``(4) support local educational agencies in
identifying uses of assessment data, which may include
appropriate use of student assessment data as one of
multiple measures of student learning for teacher and
school leader performance and evaluation, where
applicable; and
``(5) carry out the activities described in the
report required under subsection (c).
``(b) Allocation of Funds.--From the amount reserved under
section 1134(b)(5), each State shall receive an allocation for
each fiscal year in an amount equal to--
``(1) $4,000,000; and
``(2) with respect to any amounts remaining after the
allocation is made under paragraph (1), 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.
``(c) State Report.--Not later than 6 months after a State
receives a grant under this section, the State shall, in
consultation with education stakeholders, prepare and make
publically available a report, that explains how the State has
used, or will use, the grant to--
``(1) improve the quality and use of the State's
assessment system, including assessments not required
by section 1111(b)(3), and for related activities;
``(2) ensure that all summative assessments that are
used for accountability purposes, including
accountability described in section 1111(c) are valid
and reliable, and consistent with relevant, nationally
recognized professional and technical standards; and
``(3) improve the use of State assessment data by
school leaders, educators, and parents, and for related
activities, such as--
``(A) disseminating the assessment data in an
accessible and understandable format for
educators, parents, and families;
``(B) decreasing time between administering
such State assessments and releasing assessment
data;
``(C) supporting the dissemination of
promising practices from local educational
agencies that have successfully used assessment
data to improve individual student and overall
school performance;
``(D) identifying appropriate uses of
assessment data, which may include appropriate
use of student assessment data as one of
multiple measures of student learning for
teacher and school leader performance and
evaluation; and
``(E) providing professional development on
assessment and data literacy to teachers and
school leaders, including on the development
and effective use of formative and classroom-
based assessments aligned with State content
standards.
``SEC. 1132. GRANTS FOR ASSESSMENT SYSTEM ALIGNMENT, QUALITY, AND USE.
``(a) In General.--From the amount reserved under section
1134(b)(3), the Secretary shall make grants to States to--
``(1) in the case of a grant awarded under this
section to a State for the first time--
``(A) carry out an audit of the State
assessment system and ensure that local
educational agencies carry out audits of local
assessments under subsection (e)(1);
``(B) prepare and carry out the State plan
under subsection (e)(6); and
``(C) award subgrants under subsection (f);
and
``(2) in the case of a grant awarded under this
section to a State that has previously received a grant
under this section--
``(A) carry out the State plan on audit
findings under subsection (e)(6); and
``(B) award subgrants under subsection (f).
``(b) Minimum Amount.--Each State with an approved
application shall receive a grant amount of not less than
$2,000,000.
``(c) Reallocation.--If a State chooses not to apply to
receive a grant under this subsection, or if such State's
application under subsection (d) is disapproved by the
Secretary, the Secretary shall reallocate such grant amount to
other States with approved applications.
``(d) Application.--A State desiring to receive a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require.
``(e) Audits of State Assessment Systems and Local
Assessments.--
``(1) Audit requirements.--Not later than 1 year
after a State receives a grant under this section for
the first time, the State shall--
``(A) conduct an audit of the State
assessment system;
``(B) ensure that each local educational
agency under the State's jurisdiction and
receiving funds under this Act--
``(i) conducts an audit of each local
assessment administered by the local
educational agency; and
``(ii) submits the results of such
audit to the State; and
``(C) report the results of each State and
local educational agency audit conducted under
subparagraphs (A) and (B)--
``(i) in a publicly available format,
such as a widely accessible online
platform; and
``(ii) with appropriate accessibility
provisions for individuals with
disabilities and individuals with
limited English proficiency.
``(2) Resources for local educational agencies.--In
carrying out paragraph (1)(B), each State shall develop
and provide local educational agencies with resources,
such as guidelines and protocols, to assist the
agencies in conducting and reporting the results of the
audit required under such paragraph (1)(B).
``(3) State assessment system description.--An audit
of a State assessment system conducted under paragraph
(1) shall include a description of each State
assessment carried out in the State, including--
``(A) the grade and subject matter assessed;
``(B) whether the assessment is required
under section 1111(b)(3);
``(C) the annual cost to the State
educational agency involved in developing,
purchasing, administering, and scoring the
assessment;
``(D) the purpose for which the assessment
was designed and the purpose for which the
assessment is used, including assessments
designed to contribute to systems of continuous
improvement of teaching and learning;
``(E) the time for disseminating assessment
results;
``(F) a description of how the assessment is
aligned with the State's content standards;
``(G) a description of any State law or
regulation that established the requirement for
the assessment;
``(H) the schedule and calendar for all State
assessments given; and
``(I) a description of the State's policies
for inclusion of students with limited English
proficiency and students with disabilities.
``(4) Local assessment description.--An audit of a
local assessment conducted under paragraph (1) shall
include a description of the local assessment carried
out by the local educational agency, including--
``(A) the descriptions listed in
subparagraphs (A), (D), and (E) of paragraph
(3);
``(B) the annual cost to the local
educational agency of developing, purchasing,
administering, and scoring the assessment;
``(C) the extent to which the assessment is
aligned to the State's content standards;
``(D) a description of any State or local law
or regulation that establishes the requirement
for the assessment; and
``(E) in the case of a summative assessment
that is used for accountability purposes,
whether the assessment is valid and reliable
and consistent with nationally recognized
professional and technical standards.
``(5) Stakeholder feedback.--Each audit of a State
assessment system or local assessment system conducted
under subparagraph (A) or (B) of paragraph (1) shall
include feedback on such system from education
stakeholders, which shall cover information such as--
``(A) how educators and administrators use
assessment data to improve and differentiate
instruction;
``(B) the timing of release of assessment
data;
``(C) the extent to which assessment data is
presented in an accessible and understandable
format for educators, parents, students, if
appropriate, and the community;
``(D) the opportunities, resources, and
training educators and administrators are given
to review assessment results and make effective
use of assessment data;
``(E) the distribution of technological
resources and personnel necessary to administer
assessments;
``(F) the amount of time educators spend on
test preparation;
``(G) the assessments that administrators,
educators, parents, and students, if
appropriate, do and do not find useful;
``(H) the amount of time students spend
taking the assessments; and
``(I) other information as appropriate.
``(6) State plan on audit findings.--
``(A) Preparing the state plan on audit
findings.--Not later than 6 months after a
State conducts an audit under paragraph (1) and
based on the results of such audit, the State
shall, in coordination with the local
educational agencies under the jurisdiction of
the State, prepare and submit to the Secretary,
a plan to improve and streamline State
assessment systems and local assessment
systems, including through activities such as--
``(i) eliminating any assessments
that are not required by section
1111(b)(3) (such as by buying out the
remainder of procurement contracts with
assessment developers) and that--
``(I) are low-quality;
``(II) not aligned to the
State's content standards;
``(III) in the case of
summative assessments used for
accountability purposes, are
not valid or reliable and are
inconsistent with nationally
recognized professional and
technical standards;
``(IV) do not contribute to
systems of continuous
improvement for teaching and
learning; or
``(V) are redundant;
``(ii) supporting the dissemination
of promising practices from local
educational agencies or other States
that have successfully improved
assessment quality and efficiency to
improve teaching and learning;
``(iii) supporting local educational
agencies or consortia of local
educational agencies to carry out
efforts to streamline local assessment
systems and implementing a regular
process of review and evaluation of
assessment use in local educational
agencies;
``(iv) supporting appropriate uses of
assessment data, which may include
appropriate use of student assessment
data as one of multiple measures of
student learning for teacher and school
leader performance and evaluation; and
``(v) providing professional
development to teachers and school
leaders on selecting and implementing
formative assessments, designing
classroom-based assessments, and
assessment and data literacy.
``(B) Carry out the state plan on audit
findings.--A State shall carry out a State plan
on audit findings as soon as practicable after
the State prepares such State plan under
subparagraph (A) and during each grant period
of a grant described in subsection (a)(2) that
is awarded to the State.
``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--From the amount awarded to a State
under this section, the State shall reserve not less
than 20 percent of funds to make subgrants to local
educational agencies in the State, or a consortium of
such local educational agencies, based on demonstrated
need in the agency's or consortium's application to
improve assessment quality, use, and alignment with the
State's content standards.
``(2) Local educational agency application.--Each
local educational agency, or consortium of local
educational agencies, seeking a subgrant under this
subsection shall submit an application to the State at
such time, in such manner, and describing that agency's
or consortium's needs to improve assessment quality,
use, and alignment (as described in paragraph (1)), and
such other information as determined by the State.
``(3) Use of funds.--A subgrant awarded under this
subsection to a local educational agency or consortium
of such agencies may be used to--
``(A) conduct an audit of local assessments
under subsection (e)(1)(B);
``(B) eliminate any assessments identified
for elimination by such audit, such as by
buying out the remainder of procurement
contracts with assessment developers;
``(C) disseminate the promising practices
described in subsection (e)(6)(B);
``(D) improve the capacity of school leaders
and educators to disseminate assessment data in
an accessible and understandable format for
parents and families, including for individuals
with disabilities or individuals with limited
English proficiency;
``(E) support the appropriate use of
assessment data, which may include appropriate
use of student assessment data as one of
multiple measures of student learning for
teacher and school leader performance and
evaluation;
``(F) provide professional development to,
and time for teacher collaboration on designing
classroom-based assessments and improving
assessments and data literacy for, teachers and
school leaders, which may include providing
additional planning time to analyze student and
team data and designing instruction based on
data analysis;
``(G) improve assessment delivery systems and
schedules, including by increasing access to
technology and exam proctors, where
appropriate;
``(H) hire instructional coaches, or
promoting educators who may receive increased
compensation to serve as instructional coaches,
to support educators to develop classroom-based
assessments, interpret assessment data, and
design instruction; and
``(I) provide for appropriate assessment
accommodations to maximize inclusion of
students with disabilities and students with
limited English proficiency, including by
providing the assessments described in section
1111(b)(6).
``SEC. 1133. INNOVATIVE ASSESSMENT DEMONSTRATION AUTHORITY.
``(a) Definitions.--In this part:
``(1) College and career ready standards.--The term
`college and career ready standards' means the academic
content and student academic achievement standards
adopted by a State under section 1111(b).
``(2) Competency education.--The term `competency
education' is defined, (at a minimum), as a school-
level framework for learning that enables
personalization, with the goal of students becoming
proficient, in which--
``(A) students advance upon mastery;
``(B) competencies are transparent, aligned
to State academic standards, and include
explicit, measurable, and transferable learning
objectives;
``(C) assessment improves teaching and
learning in real time and validates when
students are ready to demonstrate mastery; and
``(D) students receive timely, differentiated
support based on their individual learning
needs.
Competencies emphasize growth towards higher order
skills, including the application and creation of
knowledge and social emotional skills.
``(3) Core indicators.--The term `core indicators'
means--
``(A) State academic assessments that meet
the requirements of section 1111(b)(3) and that
provide data that can be compared with data
regarding the State academic assessments
required under section 1111(b)(3); and
``(B) graduation rates.
``(4) Eligible entity.--The term `eligible entity'
means a State educational agency or consortium of State
educational agencies.
``(5) Mastery.--The term `mastery' means a level of
knowledge or skill development demonstrated by a
student signifying that the student has met a standard
and is prepared to progress to a subsequent standard.
``(6) Performance assessment.--The term `performance
assessment' means a multi-step assessment that--
``(A) includes complex activities with clear
criteria, expectations, and processes that
enable students to interact with meaningful
content; and
``(B) measures the depth at which students
learn content and apply complex skills to
create or refine an original product or
solution.
``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide eligible
entities, in accordance with paragraph (3), with the
authority to establish State assessment systems that
enable competency education to satisfy the requirements
under section 1111(c) and 1111(b)(3) and use results of
such competency education assessment system for the
purposes of section 1111(c) and section 1116 and in
accordance with an application approved under
subsection (c).
``(2) Demonstration period.--The initial award of
demonstration authority under this part shall be for a
period of 5 years. After such period, if the Secretary
has not withdrawn the demonstration authority from an
eligible entity, the eligible entity shall be permitted
to operate the assessment system approved under the
demonstration authority in lieu of the requirements
under section 1111(b)(3), except that the assessments
required under section 1111(b)(3) shall be administered
at a minimum of once in grades 3 through 56, once in
graades 6 through 8, and once in high school.
``(3) Initial demonstration authority; expansion;
renewal.--
``(A) Initial limit.--During the initial 3-
year period of demonstration authority under
this section, the Secretary may not provide
more than 5 eligible entities with the
authority described in paragraph (1).
``(B) Expansion of demonstration authority.--
After the end of the initial demonstration
period described in subparagraph (A), the
Secretary may provide additional eligible
entities with demonstration authority described
in paragraph (1), subject to each of the
requirements of this part as applicable, if the
Secretary determines that the demonstration
authority provided under this part during the
initial demonstration period has effectively
supported student progress on core indicators
among students served by the eligible entities,
including subgroups of students described in
section 1111(c)(3)(A).
``(c) Applications.--To be eligible to participate in the
demonstration under this part, an eligible entity shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
that describes the assessment system that will be used by the
eligible entity to enable competency education, including--
``(1) a description of the assessment system the
eligible entity will use (consistent with section
1111(b)(3)(B) and covering the subjects described in
section 1111(b)(3)(C)), including--
``(A) how the system will provide annual
summative student performance data gathered in
one of the following ways--
``(i) a statewide summative
assessment administered at least once
annually in each of grades 3 through 8
and once in grades 9 through 12;
``(ii) a statewide summative
instrument administered at least once
annually in each of grades 3 through 8
and once in grades 9 through 12
administered as multiple assessments
throughout the year; or
``(iii) a combination of a statewide
summative assessment and , or in lieu
of, local summative assessments
administered at least once annually in
each of grades 3 through 8 and once in
grades 9 through 12, so long as--
``(I) the assessments
provide, at a minimum, annual
information about student
performance to inform
determinations about
accountability and supports and
interventions;
``(II) the statewide
assessment occurs at a minimum
of once in elementary, once in
middle, and once in high
school;
``(III) the assessment items
are aligned to college- and
career-ready State academic
standards;
``(IV) the local assessment
instruments produce comparable
results across the State that
are of high technical quality,
reliability, and validity; and
``(V) the system of
assessments incorporates
multiple sources of evidence of
student learning, including
performance-based tasks; and
``(B) how the system will incorporate
formative, interim, and summative assessments,
including the use of performance assessments
and other sources of evidence of student
learning that determine mastery of college and
career ready standards and competencies.
``(d) Assurances.--The State educational agency will provide
assurances that--
``(1) the system is aligned to college and career
ready standards described in section 1111 and State-
approved competencies;
``(2) the system has been developed in collaboration
with stakeholders representing the interests of
students with disabilities, English learners, and civil
rights organizations in the State, as demonstrated
through modifications made to the assessments resulting
from such collaboration;
``(3) the system incorporates the principles of
universal design as defined in section 3(a) of the
Assistive Technology Act of 1998 (29 U.S.C.14 3002(a));
``(4) the system will allow students to demonstrate
progress toward mastery of such standards and State-
approved competencies;
``(5) the assessments will assess mastery of State-
approved competencies when students are ready to
demonstrate mastery of such standards and competencies;
``(6) the system will provide students with multiple
opportunities to demonstrate mastery of such standards
and competencies;
``(7) the system will engage and support teachers in
scoring assessments, including the use of high quality
professional development, standardized and calibrated
scoring rubrics, and other strategies to ensure inter-
rater reliability and comparability of determinations
of mastery across the State;
``(8) the system provides educators, students, and
parents with real-time data to inform instructional
practice and continuously improve student performance;
``(9) the system will provide instructional support
and targeted intervention to all students to ensure
every student is on-track to master the State approved
standards and competencies by graduation;
``(10) the system will only utilize a student's
individualized education program, as defined in section
602 of the Individuals with Disabilities Education Act,
for purposes specifically allowed under such Act;
``(11) a description of how the system will be used
to satisfy the accountability requirements of section
1111(c);
``(12) the State will administer the annual statewide
assessment required under section 1111(b)(3) until the
secretary removes such requirement as described under
subsection (b)(2);
``(13) the eligible entity's plan to--
``(A) ensure that all students, including
each student subgroup described in section
1111(c)(3)(A)--
``(i) are held to the same high
standard;
``(ii) demonstrate annually, at a
minimum, at least 1 year of academic
growth consistent with the requirement
in section 1111(b)(4)(E); and
``(iii) receive the instructional
support needed to attain mastery of
college and career ready standards and
State-approved competencies;
``(B) train local educational agency and
school staff to implement the assessments
described in paragraph (2)(A);
``(C) acclimate students to the new
assessment and accountability systems; and
``(D) ensure that each local educational
agency has the technological infrastructure to
operate the accountability and assessment
systems described in this section; and
``(14) a description of how instruction and
professional development will be enhanced to
personalize the educational experience for each student
to ensure all students graduate college and career
ready, as determined in accordance with State academic
achievement standards under section 1111(b); and
``(15) a description of the local educational
agencies within the State that will participate in the
polit.
``(e) Peer Review.--The Secretary shall--
``(1) implement a peer review process, which shall
include a review team comprised of practitioners and
experts who are knowledgeable about competency
education, to inform the awarding of the demonstration
authority under this part; and
``(2) make publicly available the applications
submitted under subsection (c) and the peer comments
and recommendations on such applications.
``(f) Demonstration Authority Withdrawn.--The Secretary may
withdraw the demonstration authority provided to an eligible
entity under this part if at any point after the 3 year
demonstration period described in subsection (b)(2), the
Secretary determines that student performance for all students
served by the eligible entity or any student subgroup described
under section 1111(c)(3)(A) has declined on core indicators;
``(g) Dissemination of Best Practices.--The Secretary shall
disseminate best practices on the implementation of
accountability and assessment systems that enable competency
education, including on--
``(1) strategies that States used to accelerate
mastery of State standards and aligned competencies to
close achievement gaps and increase readiness for
college and career;
``(2) the effective use of formative, interim, and
summative assessments to inform instruction; and
``(4) the development of standardized and calibrated
scoring rubrics, and other strategies to ensure inter-
rater reliability and comparability of determinations
of mastery across the State.
``SEC. 1134. FUNDING.
``(a) Authorization of Appropriations.--
``(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 $72,000,000 for
fiscal year 2016, and such sums as may be necessary for
each of the 5 succeeding fiscal years.
``(2) State assessments and related activities.--For
the purpose of carrying out this subpart, there are
authorized to be appropriated $600,000,000 for fiscal
year 2016, and such sums as may be necessary for each
of the 5 succeeding fiscal years.
``(b) Reservation of Appropriated Funds.--From amounts made
available for each fiscal year under subsection (a)(2), the
Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau of
Indian Affairs;
``(2) reserve one-half of 1 percent for the outlying
areas;
``(3) reserve 20 percent to carry out section 1132;
``(4) reserve 3 percent to carry out section 1133;
and
``(5) reserve the remainder (after reserving funds
under paragraphs (1) through (4)) to carry out section
1131, except that--
``(A) for any fiscal year for which the funds
appropriated under subsection (a)(2) of this
section are equal to or greater than
$450,000,000, each State that receives a grant
under section 1131 shall use the grant to carry
out paragraphs (1) through (5) of section
1131(a); and
``(B) for any fiscal year for which the funds
appropriated under subsection (a)(2) of this
section are less than $450,000,000, each State
that receives a grant under section 1131 shall
only be required to use the grant to carry out
paragraphs (1) through (3) of section 1131(a).
``SEC. 1135. STATE DEFINED.
``In this section, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.''.
(b) Conforming Amendment.--Subpart 1 of part A of title VI
(20 U.S.C. 7301 et seq.) is repealed.
SEC. 112. STATE AGENCY PROGRAMS.
Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) in section1414(a)(2)--
(A) in subparagraph (B), by striking ``and''
at the end;
(B) by redesignating subparagraph (C) as
subparagraph (F); and
(C) by inserting after subparagraph (B) the
following:
``(C) contain procedures to ensure that each
student who has been placed in the State's
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;
``(D) contain procedures for facilitating the
transfer of credits that such students earned
during placement;
``(E) provide that, to the extent feasible,
students will have the opportunity to
participate in higher education or career
pathways; and'';
(2) in section 1416--
(A) by redesignating paragraphs (3), (4),
(5), (6), (7) and (8) as paragraphs (4), (5),
(7), (8), (9), and (10), respectively;
(B) by inserting after paragraph (2) the
following:
``(3) includes the development of an initial
education services and transition plan for each child
or youth served under this subpart upon entry into the
correctional facility, in partnership with the child or
youth's family members and the local educational agency
that most recently provided services to the child or
youth;'';
(C) by inserting after paragraph (5), as so
redesignated by subparagraph (A), the
following:
``(6) describes how the program will consult with the
child or youth's local educational agency for a period
jointly determined necessary by the correctional
facility and the 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;'';
(D) in paragraph (9), as so redesignated, by
striking ``and'' at the end;
(E) in paragraph (10), as so redesignated, by
striking the period at the end and inserting
``; and''; and
(F) by adding at the end the following:
``(11) includes an assurance that the State agency
will report annually 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
(3) in section 1425--
(A) by redesignating paragraphs (10) and (11)
as paragraphs (11) and (12), respectively; and
(B) by inserting after paragraph (9) the
following:
``(10) where feasible, coordinate with agencies that
provide re-entry services to adjudicated youth;''.
SEC. 113. FOSTER YOUTH.
(a) Amendment.--Part D of title I is amended by adding at the
end the following:
``Subpart 4--Educational Stability of Children in Foster Care
``SEC. 1441. 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, in
consultation 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.), 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 1442 (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 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.--
``(1) In general.--The local educational agency and
State shall, in consultation with the local child
welfare agency, develop and within one year of
enactment of this act implement clear written
procedures governing how transportation to maintain
children in foster care in their school of origin when
in their best interest will be provided, arranged, and
funded for the duration of the time in foster care and
through the remainder of the school year in which the
children leave foster care. The procedures shall ensure
that children needing transportation to the school of
origin will promptly receive transportation in a cost
effective manner and in accordance with section
475(1)(G)of the Social Security Act (42 U.S.C.
675(1)(G).
``(2) COST OF TRANSPORTATION-Where the child in
foster care remains in the school of origin pursuant to
section 475(1)(G) of the Social Security Act (42 U.S.C.
675(1)(G)), and if there are additional costs incurred
in providing transportation to maintain children in
their schools of origin, the local educational agency
will provide transportation to their school of origin
if:
``(A) the local child welfare agency agrees
to reimburse the local educational agency for
the cost of such transportation;
``(B) the local educational agency agrees to
pay for the cost of such transportation; or
``(C) the local educational agency and the
local child welfare agency agree to share the
cost of such transportation; or
``(D) Transportation for the remainder of the
school year.--The local educational agency will
provide transportation for the remainder of the
academic year in which a child leaves foster
care if whomever the child is returned to by
the child welfare agency requests
transportation and remaining in the school of
origin is in the child's best interest.
``(d) Points of Contact.--
``(1) Local educational agencies.--A State that
receives assistance under part A shall:
``(A) advise each local educational agency in
the State of their option to designate 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
that they must designate such a point of
contact if any such local child welfare agency
provides written notice it has designated an
individual employed by that agency to serve as
a point of contact for the local educational
agency;
``(B) ensure that local educational agency
points of contact oversee the implementation of
the local educational agency requirements under
this section; and
``(C) ensure that high needs local
educational agencies do not designate the same
individual as the point of contact for children
in foster care and the local educational agency
liaison under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act.
``(2) State educational agencies.--
``(A) 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.
``(B) 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.
``SEC. 1442. DEFINITIONS.
``(a) Header.--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.''.''.
(b) Guidance.--Not later than 90 days after the date of
enactment of this Act, the Secretary is directed to issue
guidance on the implementation of part E of title I of this
Act, including how State and local agencies will work together
to ensure that transportation for children in foster care is
provided to the school of origin.
SEC. 114. SCHOOL DROPOUT PREVENTION.
(a) Authorization of Appropriations.--Section 1803 (20 U.S.C.
6553) is amended by striking ``2002'' and inserting ``2016''.
(b) National Activities.--Section 1811(b)(4) (20 U.S.C.
6555(b)(4)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``for all students'';
(2) in subparagraph (A)--
(A) by inserting ``for all students'' before
``in that''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (B) as subparagraph
(C);
(4) by inserting after subparagraph (A), as so
amended, the following:
``(B) for students in one or more of the
subgroups described in section 1111(c)(3)(A);
or''; and
(5) in subparagraph (C), as so amended, by inserting
``for all students or for students in one or more of
the subgroups described in section 1111(c)(3)(A) with a
higher than average dropout rate'' after ``middle
school,''.
(c) Subgrants to Local Educational Agencies.--Section
1822(b)(1) (20 U.S.C. 6561a(b)(1)) is amended--
(1) in subparagraph (D), by inserting before the
semicolon at the end the following: ``, including the
development of early warning indicator systems in
middle schools, as described in section
1116(c)(5)(A)''; and
(2) in subparagraph (H), by inserting before the
semicolon at the end the following: ``, including the
creation of individualized student success plans''.
(d) Applications.--Section 1823(b)(1)(G) (20 U.S.C.
6561b(b)(1)(G)) is amended--
(1) by striking ``about'' and inserting ``and
evidence-based''; and
(2) by striking ``reentry'' and inserting ``reentry
programs''.
(e) Reporting and Accountability.--Section 1830 (20 U.S.C.
6561i(a)(1)) by striking ``race and ethnicity'' and inserting
``each subgroup described in section 111(c)(3)(A)''.
(f) Prohibited Uses of Funds.--Subpart 2 of part H of title I
(20 U.S.C. 6561 et seq.) is amended by adding at the end the
following:
``SEC. 1831. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) the development, establishment, implementation,
or enforcement of zero-tolerance school discipline
policies unless otherwise required by Federal law; or
``(2) law enforcement agencies or local police
departments serving a school or local educational
agency--
``(A) with substantial documented excesses or
racial disparities in the use of exclusionary
discipline;
``(B) operating under an open school
desegregation order, whether court-ordered or
voluntary;
``(C) operating under a pattern or practice
or practice consent decree for civil rights
violations; or
``(D) already receiving substantial Federal
funds for the placement of law enforcement in
schools.''.
TITLE II--TEACHERS AND LEADERS
SEC. 201. GREAT TEACHERS AND LEADERS.
Title II (20 U.S.C. 6601 et seq.) is amended to read as
follows:
``TITLE II--GREAT TEACHERS AND LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to help States and local
educational agencies support teachers and school leaders to
improve student achievement for all students, including English
learners and students with disabilities, by--
``(1) promoting and enhancing the teaching
profession;
``(2) supporting the development of qualified and
effective of teachers and school leaders;
``(3) recruiting, rewarding, and retaining effective
teachers and other school leaders and fostering
excellent instructional teams, especially in high-need
local educational agencies, schools, fields, and
subjects;
``(4) providing teachers with the knowledge, skills,
data, support, and collaborative opportunities needed
to be effective in the classroom and to the meet the
diverse learning needs of their students;
``(5) providing all students with access to effective
teachers and school leaders; and
``(6) improving the management of the education
workforce in States and local educational agencies.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) Career ladders.--The term `career ladders'
means promotion and professional growth opportunities,
beyond moving into administration, for effective
teachers, as determined by the State or local
educational agency, including teacher leaders,
instructional or curriculum specialists, and teacher
mentors, who help improve teaching and learning in a
school or local educational agency.
``(2) High-need field.--The term `high-need field'
refers to the fields of special education, bilingual
education, and English language acquisition.
``(3) High-need subject.--The term `high-need
subject' means mathematics, science, and any other
content area that is designated by a State educational
agency or the Secretary as a teacher shortage area.
``(4) High-need local educational agency.--The term
`high-need local educational agency' means a local
educational agency--
``(A)(i) that serves not fewer than 10,000
children from families with incomes below the
poverty line; or
``(ii) for which not less than 20 percent of
the children served by the agency are from
families with incomes below the poverty line;
and
``(B)(i) for which there is a high percentage
of teachers not teaching in the academic
subjects or grade levels that the teachers were
trained to teach; or
``(ii) for which there is a high percentage
of teachers with emergency, provisional, or
temporary certification or licensing.
``(5) Qualified teacher.--The term `qualified
teacher' means a teacher who meets the minimum
qualifications to teach in a State and--
``(A) when used with respect to a middle
school or high school teacher who is entering
the profession in a State for the first time,
means that the teacher--
``(i) holds at least a bachelor's
degree;
``(ii) has demonstrated to the State,
content knowledge in the content area
that the teacher will teach as
determined--
``(I) by passing a rigorous
State assessment; or
``(II) by successful
completion of an academic
major, a graduate degree, or
coursework equivalent to an
undergraduate academic major in
the content area that the
teacher will teach;
``(iii) if required by the State to
demonstrate teaching skills by passing
a State teacher performance assessment,
has passed such assessment; and
``(iv) has successfully completed a
teacher preparation program; or
``(v) at the State's discretion, may
be enrolled in an alternative teacher
preparation program, and--
``(I) be on track to
successful completion of such
program; and
``(II) be supervised by a
mentor teacher;
``(B) when used with respect to an elementary
school teacher who is entering the profession
in a State for the first time, means that the
teacher--
``(i) holds at least a bachelor's
degree;
``(ii) has demonstrated to the State,
content knowledge and teaching skills
in reading, writing, mathematics,
science, and other areas of the
elementary school curriculum--
``(I) by passing a rigorous
State assessment or State-
required test in reading,
writing, mathematics, science,
and other areas of the basic
elementary school curriculum;
or
``(II) by successful
completion of an academic
major, a graduate degree, or
coursework equivalent to an
undergraduate academic major in
the content areas that the
teacher will teach;
``(iii) if required by the State to
demonstrate teaching skills by passing
a State teacher performance assessment,
has passed such assessment; and
``(iv) has successfully completed a
teacher preparation program; or
``(v) at the State's discretion, may
be enrolled in an alternative teacher
preparation program; and
``(I) be on track to
successful completion of such
program; and
``(II) be supervised by a
mentor teacher; and
``(C) means any teacher who is highly
qualified as defined in section 9101(23) or
section 602(10) of the Individuals with
Disabilities Education Act, as such section was
in effect on the day before the date of
enactment of the Student Success Act.
``(6) Induction.--The term `induction' means a
program for new teachers and new school leaders, as
appropriate, during at least their first 2 years of
practice, that is designed to increase effectiveness
and retention of new teachers and new school leaders,
and that includes--
``(A) high-quality mentoring;
``(B) development of skills and knowledge in
areas needed for new teachers, including,
content knowledge and pedagogy, instructional
strategies for teaching students with diverse
learning needs, classroom management (including
strategies that improve the school-wide climate
for learning, which may include positive
behavioral interventions and supports),
formative assessment of student learning, and
the analysis and use of student assessment data
to improve instruction;
``(C) frequent, structured time for
collaboration and professional development with
teachers and school leaders in the same field,
grade, or subject area, and opportunities to
draw directly on the expertise of other school
and local educational agency staff, staff of
high-performing pathways, and other
organizations that provide high-quality
induction supports;
``(D) regular and structured observation and
feedback by mentors, school leaders, or
effective teachers, as determined by the State
or local educational agency; and
``(E) where feasible, team teaching, reduced
teaching load and activities designed to ensure
that teachers have appropriate teaching tools
and instructional materials for their
classroom.
``(7) Mentoring.--The term `mentoring' means the
mentoring of new teachers and school leaders, as
appropriate, so as to increase the effectiveness and
retention of those teachers and school leaders through
a program that--
``(A) includes clear criteria for the
selection of teacher and school leaders mentors
that take into account a candidate's
effectiveness as a teacher or school leader and
that individual's ability to facilitate adult
learning;
``(B) provides high-quality training for the
mentors on how to support new teachers and
school leaders effectively;
``(C) provides regularly scheduled time for
collaboration and for examination of student
work and achievement data, and on-going
opportunities for mentors and mentees to
observe each other's practice; and
``(D) matches, when possible, each mentee
with a mentor who is in the same field, grade,
or subject area as the mentee.
``(8) Professional development.--The term
`professional development' means coordinated and
aligned activities with evidence of increasing
effectiveness of educators, which may include teachers,
principals, other school leaders, specialized
instructional support personnel, paraprofessionals,
early childhood educators, and other school staff
that--
``(A) fosters collective responsibility for
improved student performance;
``(B) is comprised of professional learning
that--
``(i) aligns with State academic
content and achievement standards and
early learning standards, as
appropriate, with local educational
agency and school improvement goals and
plans, including those identified under
section 1116, and with school
instructional materials;
``(ii) is aligned to a teacher and
school leader evaluation system, where
applicable;
``(iii) is conducted among educators
at the school and facilitated by
trained school leaders and school-based
professional development coaches,
mentors, master teachers, or other
teacher leaders;
``(iv) supports family engagement in
their children's education;
``(v) primarily occurs frequently and
during significant blocks of time among
established teams of teachers, school
leaders, and other instructional staff
members where the teams of educators
engage in a continuous cycle of
improvement that--
``(I) defines a clear set of
educator learning goals based
on the rigorous analysis of
data and improves content
knowledge, pedagogical skills,
and the ability to analyze and
use data;
``(II) achieves the educator
learning goals identified under
subclause (I) by implementing
coherent, sustained, and
evidence-based learning
strategies, such as lesson
study and the development of
formative assessments, that
improve instructional
effectiveness and student
achievement;
``(III) provides job-embedded
coaching or other forms of
assistance to support the
transfer of new knowledge and
skills to the classroom;
``(IV) regularly assesses the
effectiveness of the
professional development in
achieving identified learning
goals, improving teaching, and
assisting all students in
meeting challenging State
academic achievement standards;
``(V) informs ongoing
improvements in teaching and
student learning;
``(VI) may support joint
professional development
activities for school staff and
early childhood educators that
address the transition to
elementary school, including
issues related to school
readiness across all major
domains of early learning; and
``(VII) may be supported by
external assistance with
relevant expertise, including
content expertise; and
``(C) may be supplemented by activities such
as courses, workshops, institutes, networks,
and conferences that--
``(i) address the academic goals and
objectives established for professional
development by educators and school
leaders at the school level;
``(ii) advance the ongoing school-
based professional development; and
``(iii) are provided for by for-
profit and non-profit entities outside
the school such as universities,
education service agencies, technical
assistance providers, networks of
content-area specialists, and other
education organizations and
associations.
``(9) School leader.--The term `school leader' means
a principal, an assistant principal, administrator or
director, or an individual who is--
``(A) an employee or officer of a school; and
``(B) is responsible for managerial
operations, instructional leadership, or
interscholastic athletic programs of that
school.
``(10) School leadership team.--The term `school
leadership team' means a group that includes the
principal, other school leaders, and teachers at a
school who work together to develop school plans or
goals for the school.
``(11) State teacher performance assessment.--The
term `State-teacher performance assessment' means a
rigorous assessment used to measure teacher performance
that is developed and approved in collaboration with
teachers, and administered by the State and--
``(A) is based on professional teaching
standards;
``(B) are aligned to State academic content
and achievement and early learning standards;
``(C) is used to document the effectiveness
of a teacher's--
``(i) curriculum planning;
``(ii) instruction of students,
including appropriate supports for
students who are English learners and
students who are children with
disabilities; and
``(iii) assessment of students,
including analysis of evidence of
student learning;
``(D) is validated based on professional
assessment standards;
``(E) is regularly monitored to ensure the
quality, reliability, validity, fairness,
consistency, and objectivity of the evaluators'
determinations;
``(F) is reliably scored by trained
evaluators with appropriate oversight of the
process to ensure consistency; and
``(G) the results of which are used to
support continuous improvement of educator
practice.
``(12) Teaching residency program.--The term
`teaching residency program' means a school-based
teacher preparation program in which a prospective
teacher--
``(A) teaches alongside a mentor teacher, who
is the teacher of record, for at least one
year;
``(B) receives concurrent instruction in the
teaching of the content area in which the
teacher will become certified or licensed;
``(C) receives concurrent instruction in
effective teaching skills; and
``(D) attains full State teacher
certification or licensure, and becomes
qualified prior to, or upon, completion of the
program.
``(13) Evidence of classroom practice.--The term
`evidence of classroom practice' means evidence
gathered through multiple formats and from multiple
sources that demonstrate effective teaching skills
and--
``(A) shall include--
``(i) multiple classroom observations
based on rigorous teacher performance
standards or rubrics and conducted by
trained personnel;
``(ii) information on the teacher's
successful use of data to improve
instruction and demonstrate evidence of
student learning;
``(iii) student work, lesson plans,
feedback provided to students and
teacher developed classroom
assessments;
``(iv) demonstration of professional
responsibility; and
``(B) may include, but which shall have a
weight that is less than the weight assigned to
the requirements described in subparagraph
(A)--
``(i) videos of teacher practice;
``(ii) teacher portfolios; and
``(iii) parent, student, and peer
feedback.
``(14) Evidence of school leadership.--The term
`evidence of school leadership' means evidence gathered
through multiple formats and from multiple sources that
shall include an evaluation of--
``(A) data on student learning gains,
including evidence of student learning;
``(B) gains in student achievement, including
passage of required exams for course
progression, credit accumulation, completion of
promotion standards, and graduation rates;
``(C) increases in student attendance rates;
``(D) percentage of effective teachers on
staff;
``(E) retention rates of effective teachers
as determined by the State or local educational
agency;
``(F) evidence of successful alignment of
teacher evaluation with professional
development and teacher support;
``(G) demonstration of instructional
leadership, including use of data and
assessment to inform decision-making;
``(H) demonstration of effective fiscal
management, where applicable;
``(I) evidence of effective community and
parent engagement;
``(J) improved teacher attendance rates;
``(K) establishment of learning communities
where school leaders and teachers--
``(i) share a school mission and
goals with an explicit vision of
quality teaching and learning that
guides all instructional decisions;
``(ii) commit to improving student
outcomes and performances;
``(iii) set a continuous cycle of
collective inquiry and improvement;
``(iv) foster a culture of
collaboration where teachers and school
leaders work together on a regular
basis to analyze and improve teaching
and learning; and
``(v) support and share leadership;
and
``(L) develop and maintain a positive school
culture where students, teachers and other
staff are motivated to collaborate and work
together to achieve goals.
``(15) Evidence of student learning.--The term
`evidence of student learning' means data that shall be
based on multiple, valid and reliable indicators of
student academic growth towards State content and
achievement standards, which shall be based
significantly on--
``(A) student learning gains on the State
student academic assessments under section
1111(c) and, for grades and subjects not
covered by the State's student academic
assessments, another valid and reliable
assessment of student academic achievement, as
long as the assessment is used consistently by
the local educational agency for the grade or
class for which the assessment is administered;
and
``(B) other evidence of student learning that
is comparable across schools within an local
educational agency such as--
``(i) formative and summative
assessments;
``(ii) objective performance-based
assessments; and
``(iii) representative samples of
student work, including progress
towards performance standards and
evidence of student growth.
``(16) Mentor principal.--The term `mentor principal'
means an individual with--
``(A) Strong instructional leadership skills
in an elementary school or secondary school
setting;
``(B) Strong verbal and written communication
skills, which may be demonstrated by
performance on appropriate assessments; and
``(C) Knowledge and skills to--
``(i) establish and maintain a
professional learning community that
effectively utilizes data to improve
the school culture and personalize
instruction to increase student
achievement;
``(ii) create and maintain a learning
culture within the school that provides
a climate conducive to the development
of all members of the school community,
including one of continuous learning
for adults tied to student learning and
other school goals;
``(iii) engage in continuous
professional development, utilizing a
combination of academic study,
developmental simulation exercises,
self-reflection, mentorship and
internship;
``(iv) understand youth development
appropriate to the age level served by
the school and from this knowledge sets
high expectations and standards for the
academic, social, emotional and
physical development of all students;
and
``(v) actively engage the community
to create shared responsibility for
student academic performance and
successful development.
``PART A--EFFECTIVE TEACHER AND LEADER STATE GRANTS
``SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,500,000,000 for
fiscal year 2016, and such sums as may be necessary for each of
the 5 succeeding fiscal years, to carry out this part.
``Subpart 1--Grants to States
``SEC. 2111. ALLOCATIONS TO STATES.
``(a) Reservations.--From the amounts made available under
section 2101 for this subpart for each fiscal year, the
Secretary shall reserve--
``(1) one-half of one percent for the outlying areas,
to be distributed among the outlying areas on the basis
of their relative need, as determined by the Secretary,
for activities consistent with the purposes of this
title;
``(2) one-half of one percent for the Secretary of
the Interior, for activities, consistent with the
purposes of this title described in section 2001, in
schools operated by or funded by the Bureau of Indian
Education; and
``(3) one-half of one percent for a competitive grant
program to encourage consortia of States to develop
instructional supports aligned to new college- and
career-ready standards that are made widely available
to all States and local educational agencies.
``(b) Allotments to States, Reductions.--
``(1) In general.--From the amounts made available
under section 2101 for this subpart for each fiscal
year that remain after the Secretary reserves funds
under subsection (a) of this section, the Secretary
shall allot to each State with an approved application
under section 2112 the sum of--
``(A) an amount that bears the same
relationship to 35 percent of the remaining
amount as the number of individuals age five
through 17 in the State, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined; and
``(B) an amount that bears the same
relationship to 65 percent of the remaining
amount as the number of individuals age five
through 17 from families with incomes below the
poverty line, in the State, as determined by
the Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined.
``(2) Fiscal year 2016.--Notwithstanding paragraph
(1), for fiscal year 2016, no State shall receive less
than 90 percent of the State's allocation under this
part for fiscal year 2015, as such part was in effect
on the day before the date of enactment of the Student
Success Act.
``(3) Succeeding fiscal years.--Notwithstanding
paragraph (1), for fiscal year 2016 and each succeeding
fiscal year, no State shall receive an allotment under
paragraph (1) that is less than 90 percent of the
State's allotment under such paragraph for the
preceding fiscal year.
``(c) Ratable Reductions.--If the funds made available to
carry out paragraph (1) of subsection (b) are insufficient to
pay the full amounts that all States are eligible to receive
under subparagraph (2) or (3) of such subsection for any fiscal
year, the Secretary shall ratably reduce each such amount for
such fiscal year.
``(d) Reallotments.--If any State does not apply for an
allotment under this section, or has its application
disapproved by the Secretary, the Secretary shall reallot the
amount of that State's allotment to the remaining States that
have approved applications in accordance with this subpart.
``SEC. 2112. STATE APPLICATIONS.
``(a) In General.--For a State to be eligible to receive a
grant under this part, the State educational agency shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. The Secretary shall provide the State
educational agency with the opportunity to apply for funds
under this part and part B through a consolidated application.
``(b) Contents.--Each application submitted under this
section shall include the following--
``(1) descriptions of any systems of teacher and
principal evaluation in the State, including whether
each system--
``(A) is designed primarily to--
``(i) increase student learning and
improve instruction for students;
``(ii) inform professional
development for teachers and school
leaders and support interventions for
students; and
``(iii) provide on-going and timely,
individual and meaningful feedback, and
substantive support to the teacher or
school leader;
``(B) is developed, implemented, and adopted
in collaboration with teachers, school leaders,
and other education stakeholders;
``(C) includes--
``(i) multiple measures of teacher
and school leader performance,
including--
``(I) in the case of
teachers, evidence of classroom
practice; and
``(II) in the case of school
leaders, evidence of school
leadership and effective and
efficient school program
administration;
``(ii) evidence of student learning;
``(iii) contributions to student
growth including higher order thinking
skills, citizenship, and social and
emotional development; and
``(iv) differentiated levels of
teacher and school leader performance
that are clearly articulated;
``(D) provides results that are comparable
and consistent across all teachers and school
leaders within a local educational agency
consistent with section 2301 that reflect the
ages and grades being taught and consistent
within individual grade levels and subject
areas in each local educational agency;
``(E) evaluates, annually, each teacher and
school leader in the local educational agency
and takes into consideration the experience and
performance level of the teacher or school
leader;
``(F) uses evaluation results to inform--
``(i) professional improvement plans
for teachers and school leaders, which
shall be developed in collaboration
with teachers and school leaders, that
are appropriate to the level of the
individual being evaluated, including
support and timelines to carry out each
plan; and
``(ii) comprehensive support,
mentoring, interventions and timelines
to carry out each plan; and
``(G) establishes appropriate training for
evaluators and staff being evaluated
including--
``(i) a clear articulation of the
evaluation system and the process,
systems, ratings, and the implications
of the results provided to teachers and
school leaders;
``(ii) how the system provides
teachers and principals the opportunity
and assistance to improve consistent
with subparagraph (F)(i); and
``(iii) how to identify working
conditions that affect teaching and
learning, such as facilities and
resources, and school climate and
safety, and isolating educator impact
on student outcomes from these factors;
``(2) a description of how the State educational
agency will ensure that within 4 years of the date of
enactment of the Student Success Act, each local
educational agency in the State that receives a
subgrant under subpart 2 makes public the results of an
evaluation system if applicable;
``(3) a description of how, within 2 years of the
date of enactment of the Student Success Act, each
local educational agency in the State that receives a
subgrant under subpart 2 shall conduct an annual
assessment of educator support and working conditions
that--
``(A) evaluates supports for teachers,
leaders, and other school personnel, such as--
``(i) teacher and school leader
perceptions of availability of high-
quality professional development and
instructional materials and
opportunities for collaboration;
``(ii) timely availability of data on
student academic achievement and
growth;
``(iii) the presence of high-quality
instructional leadership; and
``(iv) opportunities for professional
growth such as career ladders and
mentoring and induction programs;
``(B) evaluates working conditions for
teachers, school leaders and other school
personnel, such as--
``(i) school climate;
``(ii) school safety;
``(iii) class size;
``(iv) availability and use of common
planning time and opportunities to
collaborate; and
``(v) family and community
engagement;
``(C) is developed with teachers, school
leaders and other school personnel, parents,
students, and the community;
``(D) develops and implements a plan with the
groups described in subparagraph (C) and with,
at a minimum, annual benchmarks to address the
results of the assessment carried described in
this paragraph; and
``(E) publicly reports on the results of the
evaluations described in subparagraph (A) and
(B) and the plan described in subparagraph (C);
``(4) a description of the educator supports the
State has developed to assist in the implementation of
new college- and career-ready standards, as described
in section 1111(b)(2), including the State's plan for
making those supports available to its local
educational agencies and for prioritizing the
introduction of those supports, in conjunction with the
appropriate local educational agency, into the State's
lowest performing schools;
``(5) a description of how a State will develop and
implement a plan for the equitable distribution of
teachers and principals that--
``(A) low-income and minority students are
not--
``(i) taught at higher rates than are
other students by teachers not deemed
qualified or who are rated in the
lowest evaluation categories, where
applicable; and
``(ii) assigned at higher rates than
are other students to schools
administered by principals who have
been rated in the lowest evaluation
rating categories, where applicable;
``(B) includes--
``(i) percentage of effective
teachers, as determined by the State or
local educational agency, for schools
in the top quartile of poverty against
the schools in the bottom quartile of
poverty;
``(ii) percentage of effective
teachers, as determined by the State or
local educational agency, for schools
in the top quartile in percentage of
minority students against the bottom
quartile of percentage of minority
students;
``(iii) specific and measurable goals
and strategies to close gaps identified
in the plan; and
``(C) uses a combined measure of indicators
such as a composite to carry out the plan
described in this paragraph that--
``(i) shall include--
``(I) the percentage of first
year teachers; and
``(II) the percentage of
qualified teachers; and
``(ii) may include--
``(I) with respect to middle
schools and high schools, the
percentage of core academic
courses taught by teachers who
have met State licensure
requirements for such courses;
``(II) the percentage of
teachers whose licensure exam
scores fall one standard
deviation above passing score
of teachers within the State;
``(III) the percent of
teachers with more than 10
absences over the course of the
school year; and
``(IV) the percentage of
teachers hired after the first
day of school;
``(6) the State definition of teacher-of-record, how
local educational agencies report to the State on the
teacher-of-record, and how the definition is used to
ensure equitable distribution of effective and highly
effective teachers;
``(7) a description of how the State educational
agency will develop and implement professional
development that prepares teachers and school leaders
to support, educate, and properly implement
accommodations for students with disabilities;
``(8) a description of how the State will establish
and maintain a data system that within 3 years after
the date of enactment of the Student Success Act--
``(A) supports data sharing among local
educational agencies and a teacher and school
leader preparation program described in section
200(6)(A)(IV) of the Higher Education Act of
1965, as amended by section 202 of the Student
Success Act, on the program's graduates'
students', which may include data on evidence
of student learning; and
``(B) publically reports the percentage of
effective teachers and school leaders, as
determined by the State or local educational
agency, by preparation program;
``(9) a description of the State's plan to--
``(A) implement the plan within the required
timelines, including annual benchmarks for
implementation; and
``(B) report annually to the Secretary on its
progress implementing the plan and meeting
annual benchmarks outlined under subparagraph
(A);
``(10) the State's definition of, or standards and
criteria for--
``(A) a qualified teacher; and
``(B) an effective teacher;
``(11) a description of any performance measures in
addition to those described in subpart 4 that the State
will use to measure the performance of the State and of
each local educational agency that receives a subgrant
under subpart 2; and
``(12) a description of how the State will carry out
the activities outlined in section 2113.
``(c) Compliance and Disapproval.--If the Secretary finds
that a State's application does not comply in whole or in part
with the requirements of this subpart, the Secretary shall--
``(1) notify the State regarding the specific
provisions in the application that do not comply with
the requirements of this subpart;
``(2) request any additional information needed to
determine whether the application will comply with the
requirements of this subpart; and
``(3) before disapproving the application, give the
State notice and an opportunity for a hearing.
``SEC. 2113. STATE USES OF FUNDS.
``(a) In General.--A State that receives a grant under this
subpart shall use--
``(1) 90 percent of the grant funds to award
subgrants under subpart 2 to local educational agencies
with approved applications under section 2122;
``(2) not more than 5 percent of the grant funds, to
plan and administer the activities of the State under
this subpart, including the awarding of the subgrants
under subpart 2 and the monitoring and enforcement of
the requirements for the subgrants, including
developing or improving any teacher and principal
evaluation systems that are based in part on evidence
of student learning and other measures determined by
the State.
``(3) at least 2 percent of the grant funds to
activities designed to recruit, support, and retain
effective principals for high-need and low-performing
schools, such as--
``(A) strengthening principal preparation
programs to ensure that they are highly
selective, include in-depth residency for at
least one year or field-based experience in a
high-need or low-performing school, and provide
induction or other support for at least the
first year of a principal's service, including
coaching from a mentor principal in
instructional leadership and organizational
management;
``(B) provide training in school and
personnel management, including management of
the organization, staff and resources,
developing a school climate and instructional
program, developing effective relationships
with community and parents, and using student-
level and school level-data to inform decision-
making;
``(C) training on child development,
improving instruction and closing achievement
gaps;
``(D) providing compensation incentives to
attract, retain, and reward effective
principals and other school leaders for high-
need and low-performing schools;
``(E) developing teacher career ladders with
a performance-based selection process that
distribute school leadership responsibilities
and develop a pipeline of individuals who gain
the experience necessary to become an effective
principal; and
``(F) activities to improve the effectiveness
of school superintendents, principal
supervisors, human resources directors, and
other local educational agency managers; and
``(4) use any remaining funds reserved at the State
level to--
``(A) carry out any other activities designed
to help the State make progress toward carrying
out the purposes of this title and showing
improvement on the performance measures
described in subpart 4 and any additional
measures described in the State's application,
including activities designed to--
``(i) align the State's professional
teaching standards, teacher and school
leader certification or licensure
requirements, teacher-preparation
programs, and professional-development
requirements with kindergarten-through-
grade-12 academic content and
achievement standards that build toward
college-and-career-readiness;
``(ii) reform teacher and school
leader compensation, including by
modifying policies and practices and
providing technical assistance to local
educational agencies, in order to
enable those agencies to recruit,
reward, and retain effective teachers
and school leaders in high-need
schools, fields, subjects, and areas;
``(iii) support the training of
teachers, principals, and other school
leaders in meeting the diverse learning
needs of their students, including
through universal design for learning,
as described in section 5429(b)(21),
and multi-tiered system of supports and
language acquisition instruction;
``(iv) support the training of
teachers, principals, and other school
leaders in effectively integrating
technology (including technology for
students with disabilities) into
curricula and instruction and in how to
use technology for on-line
communication and for collaboration and
data analysis;
``(v) strengthen human resource
systems in local educational agencies
to recruit, train, hire, and place
individuals who are or are most likely
to be effective teachers and
principals, provide effective teachers
and principals with support and
development opportunities focused on
increasing student achievement, and
retain effective teachers and school
leaders over time by creating school
environments that enable excellent
teaching including through strategies
such as distributed leadership, time
for collaboration and use of student
data for job-embedded professional
development;
``(vi) develop and provide
professional development, including
through joint professional development
opportunities, for early childhood
educators, teachers, principals,
specialized instructional support
personnel, and other school leaders;
``(vii) provide professional
development for teachers and school
leaders in the State to support,
educate, and properly implement
accommodations for students with
disabilities;
``(viii) develop and implement
policies and practices that position
the State to be a competitive applicant
for grants under part B of this title;
``(ix) support the training of
teachers, principals, and other school
leaders on how to accelerate the
learning of students who are performing
below grade level; and
``(x) provide professional
development for teachers, principals
and other school leaders in early
elementary grades that includes
specialized knowledge about child
development and learning,
developmentally-appropriate curricula
and teaching practices, meaningful
family engagement and collaboration
with early care and education programs;
``(B) provide technical assistance, as
necessary, to each local educational agency
that receives a subgrant under subpart 2, in
order to help the local educational agency
improve performance on the measures described
in subpart 4;
``(C) establish policies and practices to
ensure the quality of the data reported under
this part and the effectiveness of the methods
used to analyze those data; and
``(D) develop and disseminate the State
report card required under subpart 4, and use
the information in the report card to guide
efforts under this title.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State educational agency that
receives an allocation under subpart 1 shall allocate to each
local educational agency in the State that has an application
approved by the State under section 2122 the sum of--
``(1) the amount that bears the same relationship to
20 percent of the amount allocated to the State
educational agency as the number of individuals age 5
through 17 in the geographic area served by the agency,
as determined by the Secretary on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all such
local educational agencies in the State, as so
determined; and
``(2) the amount that bears the same relationship to
80 percent of the amount allocated to the State
educational agency as the number of individuals age 5
through 17 from families with incomes below the poverty
line in the geographic area served by the agency, as
determined by the Secretary on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all such
local educational agencies in the State, as so
determined.
``(b) Minimum Allotments.--
``(1) Fiscal year 2016.--For fiscal year 2016, no
local educational agency shall receive an allocation
under subsection (a) that is less than 90 percent of
the allocation the local educational agency received
under this part for fiscal year 2015, as this part was
in effect on the day before the date of enactment of
the Student Success Act.
``(2) Subsequent fiscal years.--For fiscal year 2017
and each succeeding fiscal year, no local educational
agency receiving an allotment under subsection (a)
shall receive less than 90 percent of the allotment the
local educational agency received under this subpart
for the preceding fiscal year.
``(c) Ratable Reduction.--If the funds described in
subsection (a) are insufficient to pay the full amounts that
all local educational agencies are eligible to receive under
subsection (b) for any fiscal year, the State shall ratably
reduce such amounts for such fiscal year.
``SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND
APPLICATIONS.
``(a) In General.--To receive a subgrant under this subpart a
local educational agency shall--
``(1) submit an application to the State educational
agency involved at such time, in such manner, and
containing such information and assurances as the State
educational agency may reasonably require; and
``(2) conduct, in developing its application, and
with the involvement of teachers, principals, and other
stakeholders, as applicable, an assessment of educator
support and working conditions consistent with section
2112(b)(3), in the areas set forth under the
performance measures described in subpart 4, identified
under the school improvement plans under section 1116,
as applicable, and the needs of schools receiving funds
under title I.
``(b) Contents.--Each application submitted under this
section shall include--
``(1) a description of--
``(A) the results of the needs assessment
conducted under subsection (a)(2);
``(B) the performance measures and activities
the local educational agency will use to
address the needs identified under the
assessment;
``(C) the local educational agency's plan for
using the subgrant under this subpart, and
other local, State, and Federal funds, to
ensure the equitable distribution of teachers
and principals, within the local educational
agency so that low-income and minority students
are not--
``(i) taught at higher rates than are
other students by teachers not deemed
qualified and who are not effective, as
determined by the State or local
educational agency;
``(ii) assigned to schools
administered by principals who not
effective, as determined by the State
or local educational agency, at higher
rates than other students within the
local educational agency;
``(D) the local educational agency's plan for
using the subgrant under this subpart to
support teachers in meeting the diverse
learning needs of all their students, including
through universal design for learning, as
described in section 5429(b)(21), and multi-
tiered system of supports and language
acquisition; and
``(E) a description of the educator supports
the local educational agency will provide to
assist with the implementation of new college-
and career-ready standards and early learning
standards, including the local educational
agency's plan for prioritizing the introduction
of those supports in its lowest performing
schools;
``(F) a description of how the local
educational agency will, as appropriate,
involve in the delivery of activities and
services under this part, external providers
that have demonstrated expertise and experience
in using evidence-based strategies and programs
to deliver evidence-based professional
development and to raise the quality of
teaching and school leadership; and
``(2) an assurance that, within 5 years of receiving
a subgrant under this subpart, the local educational
agency will--
``(A) conduct a second needs assessment, with
the involvement of teachers, principals, and
other stakeholders, as applicable, in the areas
set forth in subpart 4 and identified in plans
under section 1116, as applicable, particularly
the needs of schools receiving funds under
title I; and
``(B) submit a revised application to the
State, consistent with the requirements of this
section.
``SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
``(a) Use of Funds.--Subject to the requirements of the State
consistent with section 2112(a), a local educational agency
that receives a subgrant under this subpart shall, directly, or
with other local educational agencies or the State educational
agency, use the subgrant funds for activities designed to
increase academic achievement for all students, including
English learners and students with disabilities, by increasing
the number and percentage of effective teachers and principals,
as determined by the State or local educational agency, and to
ensure the equitable distribution of effective teachers and
school leaders through activities that--
``(1) develop and implement, or improve, where
applicable, a teacher and principal evaluation system;
``(2) provide meaningful feedback to teachers and
principals on evaluation results, where applicable, and
use those results in making decisions, including about
professional development;
``(3) recruit teachers who are qualified and teachers
and principals who are effective, as determined by the
State or local educational agency, especially teachers
and principals who are needed for high-need and low-
performing schools and high-need fields and subjects,
including teachers and principals who come from
underrepresented backgrounds;
``(4) implement the assessment of educator support
and working conditions in accordance with section
2112(b)(3);
``(5) implement the local educational agency's plan
for ensuring the equitable distribution of effective
teachers and principals, as determined by the State or
local educational agency, who have been rated by the
teacher and principal evaluation system as at least
effective;
``(6) develop and implement an induction program that
is designed to increase the effectiveness of new
teachers and retain effective teachers, especially in
high-need and low-performing schools, such as a program
that provides reduced teaching assignments for new
teachers, training for instructional coaches or mentors
who will participate in induction activities, access to
on-line support systems, and frequent feedback to
promote continuous learning and instructional
improvement;
``(7) work toward reducing class size for
kindergarten through third grade by an amount and to a
level consistent with what research has found to
improve student academic achievement at a minimum in
the schools in the lowest quartile of poverty in the
local educational agency;
``(8) improve within-school equity in the
distribution of effective teachers, as determined by
the State or local educational agency, so that low-
income and minority students are not taught at higher
rates than are other students by teachers rated in one
of the two lowest evaluation rating categories, where
applicable;
``(9) plan and administer activities carried out
under this subpart, including other activities to
improve effectiveness and the equity of distribution as
required in accordance with the local educational
agency's needs assessments under subsection (a)(2);
``(10) develop a plan to expand and improve the
capacity of the local educational agency to recruit,
select, train, evaluate, and develop effective staff,
teachers, school leaders, and school leader managers to
work at or with schools identified for improvement
under section 1116;
``(11) develop and implement professional
development, including to assist teachers in
supporting, educating, and properly implementing
accommodations for students with different learning
styles, particularly students with disabilities,
English learners, and gifted and talented students;
``(12) develop a plan to improve the management of
school leaders and to address the barriers in schools
served by the local educational agency;
``(13) recruit, train, and support teacher leaders or
principals for high-need schools; and
``(14) provide meaningful support to principals and
their instructional leadership teams.
``(b) Supplement, Not Supplant.--Funds received under this
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities
authorized under this subpart.
``(c) Rule of Construction.--Nothing in this subpart shall be
construed to require a local educational agency to transfer
school personnel in order to comply with the requirements of
this part.
``Subpart 3--National Leadership Activities
``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.
``From the funds made available under section 2101 for this
subpart for any fiscal year, the Secretary may to reserve up to
3 percent for research, development, technical assistance,
outreach, and dissemination activities, carried out either
directly or through grants, contracts, or cooperative
agreements. Such activities may include--
``(1) activities to strengthen teacher and principal
evaluation, including establishing a national center to
gather, provide benchmarks on, and disseminate best
practices and provide technical assistance on teacher
and principal evaluation so as to support States and
local educational agencies in developing robust and
reliable evaluation systems that take evidence of
student learning, as defined in section 2002(15) into
account;
``(2) direct assistance to nonprofit organizations to
enhance their support for local educational agencies
and schools, including to community-based organizations
that can support multiple local educational agencies in
strengthening their teacher and principal pipelines and
human-resource practices and provide professional
enhancement activities, including advanced
credentialing and high-quality, sustained professional
development targeted to low-performing schools;
``(3) activities to support development of a
leadership academy to train school leaders in effective
school management and instructional leadership, with a
primary focus on turning around low-performing schools,
including--
``(A) effective management of the
organization, staff, and resources;
``(B) developing a school climate and
instructional program and related evidence-
based professional development aligned to the
needs of the students and school;
``(C) effective relationships with community
and parents; and
``(D) using student-level and school level-
data to inform decision-making;
``(4) activities to strengthen evaluation of
superintendents including developing model evaluations;
and
``(5) activities to support pay for success
initiatives to meet the purposes of this part.
``Subpart 4--Accountability
``SEC. 2141. EQUITY ACCOUNTABILITY.
``(a) State Requirements.--
``(1) In general.--Each State that receives a grant
under subpart 1 shall--
``(A) in a case in which the comparisons
conducted under section 2112(b)(5) of the State
plan indicate the inequalities described in
paragraph (2) with respect to high-poverty and
high-minority local educational agencies--
``(i) in consultation with the local
educational agencies in the State,
established 2, 4 and 5 year improvement
goals that will substantially reduce or
eliminate the inequities in the schools
of such high-poverty and high-minority
local educational agencies; and
``(ii) establish a support plan to
assist such high-poverty and high-
minority local educational agencies
meet such improvement goals; and
``(B) in a case in which a high-poverty and
high-minority local educational agency has not
achieved the 2-year improvement goals
established under subparagraph (A)(i), use 2.5
percent of the grant funds received under
subpart 2 to carry out the activities described
in subparagraph (A).
``(2) Inequalities.--The inequalities described in
this paragraph are as follows:
``(A) Students in high poverty and high
minority local educational agencies in the
State were being taught at higher rates by
teachers rated in the lowest two quartiles
based on the combined measure established under
section 2112(b)(5)(C) compared to students in
low poverty and low minority local educational
agencies in the State.
``(B) Students in high poverty and high
minority local educational agencies are being
taught at higher rates by teachers who are not
effective as determined by the State or local
educational agency, as compared to students in
low poverty and low minority local educational
agencies.
``(b) Local Educational Agency Requirements.--
``(1) In general.--Subject to paragraph (3), a high-
poverty or high-minority local educational agency
described in paragraph (2) and with respect to which a
State established improvement goals under subsection
(a)(1)(A)(i), shall--
``(A) in a case in which the local
educational agency fails to meet its 2 year
improvement goals established under such
subsection, use all funds made available
through the subgrant to carry out the
activities described in section 2112(b)(5);
``(B) in a case in which the local
educational agency fails to meet its 4 year
improvement goals established under such
subsection--
``(i) receive a subgrant from the
State under subpart 2 equal to not more
than 50 percent of the subgrant
received by the local educational
agency in the preceding year under such
subpart; and
``(ii) make non-Federal contributions
in an amount equal to not less than the
Federal funds provided under the
subgrant; and
``(C) in a case in which the local
educational agency fails to meet its 5 year
improvement goals established under such
subsection, the local educational agency shall
be prohibited from receiving a subgrant subpart
2.
``(2) Description of local educational agencies.--A
local educational agency described in this paragraph is
a local educational agency that--
``(A) students in high poverty and high
minority schools are being taught at higher
rates by teachers rated in the lowest two
quartiles based on the combined measure
established under section 2112(b)(5)(C)
compared to students in low poverty and low
minority schools; and
``(B) students in high poverty and high
minority schools are being taught at higher
rates by teachers who are not effective, as
determined by the State or local educational
agency, compared to students in low poverty and
low minority schools.
``(3) Exception.--Paragraph (1) shall not apply to
high poverty and high minority schools where students
are being taught at higher rates who are not effective,
as determined by the State or local educational agency,
compared to students in low poverty and low minority
schools in the local educational agency if the
performance of the high poverty or high minority
school's students, including each group of students
described in section 1111(b)(2)(C)(v)(II), on the
State's annual student academic assessments has
exceeded the statewide average performance for students
overall in that subject for at least the previous 2
years.
``(4) Inapplicability.--This section shall not apply
to a local educational agency that does not have more
than one building for each grade span.
``(5) Transitional compliance.--Beginning on the date
of enactment of the Student Success Act, for no more
than 4 full school years a local educational agency
shall be deemed to be in compliance with this section
for any school year, if the teachers hired to fill
vacancies in local education agencies served under this
part, improve the equity in distribution of effective
teachers, as determined by the State or local
educational agency, between students served by high
poverty or high minority schools and students served by
low poverty or low minority schools as described in
paragraph (2).
``(6) Waiver.--A local educational agency may apply
to the Secretary for a temporary waiver of the
requirements of this section in the case of a natural
disaster or unpredictable or significant personnel
assignments that occur after the beginning of a school
year that would affect determination of compliance with
this section.
``(7) Rules of construction.--Nothing in this section
shall be construed to require a local educational
agency to transfer school personnel in order to comply
with this section.
``Subpart 5--Public Reporting
``SEC. 2151. PUBLIC REPORTING.
``(a) In General.--
``(1) State report card.--Each State that receives a
grant under subpart 1 shall annually submit to the
Secretary, and make public, a State report card on
program performance and results under the grant, in a
manner prescribed by the Secretary and containing,
analyzing, and updating the information required under
subsection (b).
``(2) Local educational agency report.--Each local
educational agency that receives a subgrant under
subpart 2 shall annually submit to the State, and make
public--
``(A) a report on the local educational
agency's program performance and results under
the subgrant, in a manner prescribed by the
State or the Secretary, containing, analyzing,
and updating the information required under
subsection (c); and
``(B) the notifications to parents described
in subsection (d).
``(3) Privacy.--Information required under this
subpart shall be collected, reported, and disseminated
in a manner that protects the privacy of individuals.
``(b) State Report Card Requirements.--Each State described
in subsection (a)(1) shall report the following information in
accordance with such subsection:
``(1) With respect to the State overall and for each
local educational agency in the State, disaggregated by
poverty quartile and minority quartile--
``(A) the number and percentage of teachers
and principals, for each grant year, who--
``(i) are classified as qualified;
``(ii) are effective, where
applicable;
``(iii) have taught for less than one
full school year; and
``(iv) have demonstrated content
knowledge in the subject or subjects
the teachers are assigned to teach;
``(B) with respect to middle and high
schools, the percentage of core academic
courses taught by teachers who have met State
licensure requirements for that course;
``(C) information required under equitable
distribution plans for the State and each local
educational agency under sections 2112(b)(5)
and 2123(a), respectively;
``(D) staff retention rates for effective
teachers, as determined by the State or local
educational agency; and
``(E) any other performance measures the
State is using to measure the performance of
local educational agencies that receive a
subgrant under subpart 2.
``(2) Results of the data collection reporting under
section 2112(b)(7).
``(3) Progress towards meeting the equitable
distribution requirements under section 2112(b)(5).
``(4) Results of the assessment of educator support
and working conditions described in section 2112(b)(3).
``(5) Results of the needs assessment required under
subpart 2 by each school in the State and compared to
the rubric which was used to conduct the needs
assessment.
``(c) Local Educational Agency Report Card Requirements.--
Each local educational described in subsection (a)(2) shall
report the following information, for each grant year, in
accordance with such subsection:
``(1) With respect to the local educational agency
overall and for schools in the agency by poverty
quartile and minority quartile--
``(A) the number and percentage of teachers
and principals, for each grant year, who--
``(i) are classified as qualified;
``(ii) are effective, as determined
by the State or local educational
agency;
``(iii) have taught for less than one
full school year; and
``(iv) have demonstrated content
knowledge in the subject or subjects
the teachers are assigned to teach; and
``(B) with respect to middle school and high
school, the percentage of core academic courses
taught by teachers who have met State licensure
requirements for that course.
``(d) Parents' Right to Know.--Each local educational agency
that receives a subgrant under subpart 2 shall ensure that each
school served by the local educational agency provides, on an
annual basis and at the beginning of the school year--
``(1) the teacher's qualified status based on the
definition under section 2002(5), including whether the
teacher meets the status based on the requirement in
subparagraph (A)(v) of such section; and
``(2) in local educational agencies withe teacher
evaluation systems--
``(A) written notification to the parent of
each student who has, for 2 consecutive years,
been assigned an ineffective teacher, as
determined by the State or local educational
agency, that such student has been so assigned;
and
``(B) a description of--
``(i) the supports the school and
local educational agency will offer the
student to compensate for the teacher
assignment;
``(ii) the local educational agency's
plan for ensuring this assignment
pattern does not continue; and
``(iii) the teacher's qualified
status based on the definition under
section 2002(5), including whether the
teacher meets the status based on the
requirement in subparagraph (A)(v) of
such section.
``PART B--TEACHER AND LEADER INNOVATION FUND
``SEC. 2201. TEACHER AND LEADER INNOVATION FUND.
``The purpose of this part is to support States and local
educational agencies in improving the effectiveness of their
teachers and school leaders, especially those teachers and
school leaders working in high-need schools, by creating the
conditions needed to identify, recruit, prepare, retain,
reward, and advance effective teachers, principals, and school
leadership teams in such schools.
``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
$950,000,000 for fiscal year 2016 and such sums as may be
necessary for each of the 5 succeeding fiscal years to carry
out this part.
``(b) Continuation.--From the funds made available under
subsection (a), the Secretary may reserve funds to continue
funding the Teacher Incentive Fund authorized under the fourth,
fifth, and sixth provisos of the `Innovation and Improvement
Account' under title III of Public Law 109-149, in accordance
with the terms and conditions of such Fund that were in effect
on the day before the enactment of the Student Success Act.
``SEC. 2203. GRANTS.
``(a) In General.--From the funds made available under
section 2202 and not reserved under subsection (b) of such
section, for each fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible entities to carry
out the purpose of this part.
``(b) Eligible Entity.--In this part, the term `eligible
entity' means--
``(1) a State educational agency or a consortium of
such agencies;
``(2) a high-need local educational agency or a
consortium of such agencies;
``(3) one or more of the entities described in
paragraphs (1) and (2) in partnership with one or more
institutions of higher education, nonprofit
organization, or educational service agencies; or
``(4) an entity described in paragraph (1) in
partnership with 1 or more local educational agencies
at least one of which is a high-need local educational
agency.
``(c) Duration.--The Secretary shall award a grant under this
part to an eligible entity for an initial period of not more
than 3 years, and may renew the grant for up to an additional 2
years if the Secretary finds that the eligible entity is
achieving the objectives of the grant and has shown improvement
against baseline measures on performance indicators.
``SEC. 2204. APPLICATIONS.
``(a) In General.--Each eligible entity that desires a grant
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
``(b) Contents.--Each application submitted under this
section shall contain--
``(1) a description of--
``(A) how the eligible entity will
differentiate levels of teacher and principal
performance by effectiveness, and the criteria
it will use to determine that differentiation,
which shall include the use of evidence of
student learning as a significant factor, as
well as other measures; and
``(B) how that differentiation will be--
``(i) consistent with the teacher and
principal evaluation system described
in section 2112(b)(1); and
``(ii) used by the local educational
agency served by the eligible entity to
make decisions about professional
development and retention;
``(2) a description of the rigorous performance
standards that the eligible entity has established, or
will establish, within 2 years of the date of enactment
of Student Success Act, that will be used to evaluate
performance;
``(3) a plan, developed with appropriate
stakeholders, setting forth the activities to be
implemented under the grant and how those activities
will be aligned with the results of--
``(A) an analysis of workforce data
(including teacher and principal surveys) that
identifies strengths and weaknesses in the
working conditions provided to teachers, school
leaders, and other school personnel and the
current and future staffing needs within the
State or local educational agency;
``(B) a public review of any State or local
educational agency statutes, policies, and
practices, including employment policies and
practices that pose a barrier to staffing
schools, particularly high-need schools, with
teachers and principals who have been rated in
the highest rating categories;
``(C) an analysis of the effectiveness and
the cost-effectiveness of applicable State or
local educational agency policies and practices
related to increasing teacher and principal
effectiveness;
``(D) an analysis of the alignment of the
policies and practices reviewed and analyzed
under subparagraphs (B) and (C) with the goal
of ensuring that educators are prepared to help
all students achieve to college-and-career-
ready standards; and
``(E) as applicable, an analysis of the
extent to which the local educational agency's
human capital strategies, including career
advancement opportunities, salary schedules
(including incentives for graduate credit and
advanced degrees), and incentives, reward
actions, and strategies that improve
instruction and student learning; and
``(4) evidence of involvement and support for the
proposed grant activities from--
``(A) in the case of an application from an
eligible entity that includes a local
educational agency or a consortium of such
agencies, a local school board, teachers union
(where there is a designated exclusive
representative for the purpose of collective
bargaining), teachers, principals, and other
stakeholders; and
``(B) in the case of an application from a
State educational agency or consortium of such
agencies, the State board of education, State
agency for higher education, any participating
local educational agency, and other
stakeholders.
``(c) Selection Criterion.--In making grants under this part,
the Secretary shall consider the extent to which the eligible
entity's activities that are carried out through a grant under
part A or through State and local funds are aligned with the
entity's plan under subsection (b)(3) and the purpose of this
part.
``(d) Priority.--The Secretary shall give priority to
applications that address particular needs in improving the
effectiveness of the education workforce in high-need schools
or the needs of local educational agencies to fill positions in
high-need fields and subjects.
``SEC. 2205. USE OF FUNDS.
``(a) In General.--A eligible entity under this part--
``(1) shall use its grant funds for activities to--
``(A) improve the use of teacher and
principal effectiveness information, which
shall include the adoption of an evaluation
system by a local educational agency, as
described in section 2112(b)(1), and use of
such evaluation results in consequential
decisionmaking, including in--
``(i) paying bonuses and increased
salaries, if the eligible entity uses
an increasing share of non-Federal
funds to pay the bonuses and increased
salaries each year of the grant, to
highly effective teachers or principals
who work in high-need schools;
``(ii) activities under sections 2112
and 2122;
``(iii) reforming the local
educational agency's system of
compensating teachers and principals;
and
``(iv) developing and implementing a
human capital system; and
``(B) improve teacher and school-leader
compensation and career-development systems,
which may include instituting performance pay,
career advancement systems (such as career
ladders or incentives for assuming additional
roles and responsibilities intended to improve
student academic achievement), or market-based
compensation for a high-need school; and
``(2) may use its grant funds for activities to--
``(A) help ensure that high-need and low-
performing schools are staffed more effectively
and efficiently, such as through--
``(i) the implementation or use of
earlier hiring timelines;
``(ii) more effective recruitment
strategies (including strategies for
recruiting candidates from
underrepresented groups);
``(iii) more selective screening; and
``(iv) data systems for tracking
attendance, teacher and principal
evaluation results, tenure decisions,
participation in professional
development, and the results of that
participation;
``(B) recruit, prepare, support, and evaluate
principals who serve in high-need or low-
performing schools; and
``(C) recruit and retain teachers and leaders
in rural and remote areas.
``(b) State Grantees.--A State educational agency that is a
grantee under this part shall use its grant funds for
activities to--
``(1) modify State policies and practices, as needed,
to enable local educational agencies to carry out their
activities under subsection (a);
``(2) develop and implement improvements to the
State's certification or licensure requirements, which
shall include using teacher and principal evaluation
results in certification or licensure decisions (such
as by making them a significant factor in the granting
of a full certification or license); and
``(3) implement a human capital system, including
pre-service programs providing teachers and principals
to schools within the State, that increases the numbers
of highly effective teachers and principals,
particularly in high-need schools by--
``(A) identifying, recruiting, training,
hiring, and placing individuals who are or are
most likely to be highly effective teachers and
principals;
``(B) distributing highly effective teachers
and principals strategically to high need
schools;
``(C) providing highly effective teachers and
principals with support and development
opportunities focused on increasing student
achievement; and
``(D) retaining highly effective teachers and
principals over time by creating school
environments that enable excellent teaching
including through strategies such as
distributed leadership, time for collaboration
and use of student data for internal
professional development.
``PART C--GENERAL PROVISIONS
``SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND LOCAL LAWS
AND AGREEMENTS.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded
to school or local educational agency employees under Federal,
State, or local laws (including applicable regulations or court
orders as well as requirements that local educational agencies
negotiate and or meet and confer in good faith) or under the
terms of collective bargaining agreements, memoranda of
understanding, or other agreements between such employers and
their employees.
``SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS.
``No State or local educational agency receiving funding
under this title shall publicly report personally identifiable
information included in an individual teacher or principal
evaluation, including information that can be used to
distinguish an individual's identity when combined with other
personal or identifying information.
``SEC. 2303. PROHIBITION.
``Nothing in this title shall authorize any employee of the
Federal Government to mandate, direct, control, or exercise any
direction or supervision over the development of teacher,
principal, or school leader evaluation systems.''.
SEC. 202. HEA CONFORMING AMENDMENTS.
(a) Qualified Teacher.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 200 (20 U.S.C. 1021)--
(A) by amending paragraph (13) to read as
follows:
``(13) Qualified.--The term `qualified' has the
meaning given the term `qualified teacher' in section
2002(5), as amended by section 201 of the Student
Success Act.
``(B) in paragraph (17)(B)(ii), by striking
`highly qualified' and inserting `qualified';
and
``(C) in paragraph (22)(D)(i), by striking
`highly qualified' and inserting
`qualified'.'';
(2) in section 201(3) (20 U.S.C. 1022(3)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(3) in section 202 (20 U.S.C. 1022)--
(A) in subsection (b)(6)(H), by striking
``highly qualified teachers'' and inserting
``qualified teachers'';
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph
(A)(i)(I), by striking ``highly
qualified'' and inserting
``qualified''; and
(II) in subparagraph
(B)(iii), by striking ``highly
qualified'' and inserting
``qualified''; and
(ii) in paragraph (5), by striking
``highly qualified teachers'' and
inserting ``qualified teachers''; and
(C) in subsection (e)(2)(C)(iii)(IV), by
striking ``highly qualified teacher, as defined
in section 9101,'' and inserting ``qualified
teacher, as defined in section 2002(5), as
amended by section 201 of the Student Success
Act'';
(4) in section 204(a)(4) (20 U.S.C. 1022c) by
striking ``highly qualified teachers'' each place it
appears and inserting ``qualified teachers'';
(5) in section 205(b)(1)(I) (20 U.S.C.
1022d(b)(1)(I)), by striking ``highly qualified
teachers'' and inserting ``qualified teachers'';
(6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by
striking ``highly qualified teachers'' and inserting
``qualified teachers'';
(7) in section 208(b) (20 U.S.C. 1022g(b)), by
striking ``highly qualified'' each place it appears and
inserting ``qualified'';
(8) in section 242(b) (20 U.S.C. 1033a), by striking
``highly qualified'' each place it appears and
inserting ``qualified'';
(9) in section 251(b) (20 U.S.C. 1034(b)), by
striking ``highly qualified'' each place it appears and
inserting ``qualified''; and
(10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by
striking ``highly qualified'' and inserting
``qualified''.such partner institution.
(c) Definitions.--Section 200 of the Higher Education Act of
1965 (20 U.S.C. 1021) is amended--
(1) by amending paragraph (6) to read as follows:
``(6) Eligible partnership.--Except as otherwise
provided in section 251, the term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational
agency;
``(ii)(I) a high-need school or a
consortium of high-need schools served
by the high-need local educational
agency; or
``(II) as applicable, a high-need
early childhood education program; or
``(iii)(I) the following entities--
``(aa) a partner institution.
``(bb) a school, department,
or program of education within
such partner institution, which
may include an existing teacher
professional development
program with proven outcomes
within a 4-year institution of
higher education that provides
intensive and sustained
collaboration between faculty
and local educational agencies
consistent with the
requirements of this title; and
``(cc) a school or department
of arts and sciences within
such partner institution; or
``(II) an entity operating a program
that provides alternative routes to
State certification of teachers that
has a teacher preparation program--
``(aa) whose graduates
exhibit strong performance on
State-determined qualifying
assessments for new teachers
through demonstrating that 80
percent or more of the
graduates of the program who
intend to enter the field of
teaching have passed all of the
applicable State qualification
assessments for new teachers,
which shall include an
assessment of each prospective
teacher's subject matter
knowledge in the content area
in which the teacher intends to
teach; and
``(bb) that requires each
student in the program to meet
high academic standards or
demonstrate a record of
success, as determined by the
institution (including prior to
entering and being accepted
into a program), and
participate in intensive
clinical experience, and each
student in the program is
preparing to become a qualified
teacher; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A public or private nonprofit
educational organization.
``(vii) An educational service
agency.
``(viii) A teacher organization.
``(ix) A high-performing local
educational agency, or a consortium of
such local educational agencies, that
can serve as a resource to the
partnership.
``(x) A charter school (as defined in
section 5210).
``(xi) A school or department within
a partner institution that focuses on
psychology and human development.
``(xii) A school or department within
a partner institution with comparable
expertise in the disciplines of
teaching, learning, and child and
adolescent development.
``(xiii) An entity operating a
program that provides alternative
routes to State certification of
teachers.
``(xiv) A school, department, or
program of education within a partner
institution.
``(xv) A school or department of arts
and sciences within a partner
institution.'';
(2) by amending paragraph (10) to read as follows:
``(10) High-need local educational agency.--The term
``high-need local educational agency has the meaning
given such term in section 2002(4), as amended by
section 201 of the Student Success Act.'';
(3) by amending paragraph (14) to read as follows:
``(14) Induction program.--The term `induction
program' has the meaning given the term `induction' in
section 2002(6), as amended by section 201 of the
Student Success Act.''; and
(4) by amending paragraph (21) to read as follows:
``(21) Teacher mentoring.--The term `teacher
mentoring' has the meaning given the term `mentoring'
in section 2002(7), as amended by section 201 of the
Student Success Act.''.
(d) Purpose.--Section 201 of the Higher Education Act of 1965
(20 U.S.C. 1022) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at
the end of paragraph (4); and
(3) by inserting at the end the following:
``(5) improve teacher effectiveness.''.
(e) Partnership Grants.--Section 202 of the Higher Education
Act of 1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)(6)--
(A) in subparagraph (E)(ii), by striking
``student academic'' and inserting ``college-
and-career ready student academic'';
(B) in subparagraph (H)--
(i) in the matter preceding clause
(i), by inserting ``or alternative
route entity'' after ``partner
institution'';
(ii) in clause (i), by striking
``that incorporate'' and all that
follows through ``instruction'' and
inserting ``consistent with part A of
title IV of the Elementary and
Secondary Education Act of 1965'';
(iii) in clause (i), insert ``and
other educators, including mutli-tiered
systems of support and universal design
for learning, as described in section
5429(b)(21)'' after ``secondary school
teachers'';
(iv) in clause (ii), insert `` and
writing instruction'' after
``reading''; and
(v) after clause (ii) insert the
following:
``(iii) provide high-quality
professional development activities to
strengthen the instructional and
leadership skills of elementary school
and secondary school principals and
district superintendents, if the
partner institution has a principal
preparation program;'';
(C) by redesignating subparagraphs (I)
through (K) as subparagraphs (J) through (L),
respectively; and
(D) by inserting after subparagraph (H), the
following:
``(I) how the partnership will prepare
teachers to use data to analyze student
performance and adjust teaching practices to
improve student achievement;''; and
(2) in subsection (d)(6)(A), by striking ``that
incorporate the essential components of literacy
instruction'' and inserting ``aligned with part A of
title IV of the Elementary and Secondary Education Act
of 1965''.
(f) Administrative Provisions.--Section 203(b)(2)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is
amended by inserting ``or alternative route entity'' after
``institution of higher education
(g) Accountability and Evaluation.--Section 204(a) of the
Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) effective teachers as determined by the
State;''.
(h) Information on Preparation Programs.--Section 205(b)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is
amended--
(1) in the matter preceding subparagraph (A), by
striking ``teacher preparation program'' and inserting
``teacher and school leader preparation program''; and
(2) by adding at the end the following:
``(M) Within 3 years of the date of enactment
of the Student Success Act, information on the
impact of each program's graduates on the
evidence of student learning, as defined in
section 2002(15), of the students that such
graduates teach, if that information is
available.
``(N) The percentage of each program's
graduates who teach in a high-need school.
``(O) The percentage of each program's
graduates who are prepared to teach a high-need
subject.
``(P) The percentage of each program's
graduates who become effective and highly
effective teachers or principals as determined
by the State.
``(Q) The 3-year retention rate of each
program's graduates who become effective and
highly effective teachers or principals
according to such graduates' ratings by such
system.''.
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
SEC. 301. LANGUAGE INSTRUCTION.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) in section 3001--
(A) by striking ``fiscal year 2002'' and
inserting ``fiscal year 2016'' each place it
appears; and
(B) in subsection (a)(1), by striking
``$750,000,000'' and inserting
``1,000,000,000'';
(2) by striking ``No Child Left Behind Act of 2001''
and inserting ``Student Success Act'' each place it
appears;
(3) in section 3244, by striking ``2002 through
2008'' and inserting ``2016 through 2022'';
(4) by striking ``adequate yearly progress'' and
inserting ``progress'' each place it appears;
(5) in sections 3102(8)(B), 3113(b)(5)(B), and
3116(b)(3)(B), by striking ``, as described in section
1111(b)(2)(B)'';
(6) in section 3122(a)(3)(A)(iii), by striking ``as
described in section 1111(b)(2)(B)'';
(7) by repealing section 3122;
(8) in section 3111(b)(2)(D), by striking ``annual
measurable achievement objectives pursuant to section
3122'' and inserting ``performance targets described in
section 1111(c)'';
(9) in sections 3113(b), 3116(b), 3121(d)(3), and
3302(b), by striking ``annual measurable achievement
objectives described in section 3122'' and inserting
``performance targets described in section 1111(c)''
each place it appears;
(10) in section 3122, by striking ``annual measurable
achievement objectives'' and inserting ``performance
targets'' each place it appears;
(11) by striking ``section 1111(b)(7)'' and inserting
``section 1111(b)(3)(F)'' each place it appears; and
(12) by striking ``section 1111(b)(1)'' and inserting
``section 1111(b)(4)'' each place it appears.
TITLE IV--21ST CENTURY SCHOOLS
SEC. 401. 21ST CENTURY SCHOOLS.
Title IV (20 U.S.C. 7101 et seq.) is amended to read as
follows:
``TITLE IV--21ST CENTURY SCHOOLS
``Part A--21st Century Community Learning Centers
``SEC. 4001. PURPOSE.
``The purpose of this part is to provide opportunities for
communities to establish or expand activities through learning
partnerships that--
``(1) provide opportunities for academic enrichment,
increased academic achievement, and student success in
schools by providing students with additional learning
time for more expansive, relevant and rigorous learning
opportunities, including opportunities to catch
students up in their coursework, and help students
accelerate their learning;
``(2) provide a broad array of additional services,
programs and activities for a well-rounded education,
including youth development activities, music and the
arts, outdoor and recreation programs, technology
education programs, dual-language programs, character
education, and environmental literacy programs that are
designed to reinforce and compliment the regular
academic program for participating students;
``(3) complement, not replicate, the regular school
day, by offering a range of activities that capture
student interest and strengthen student engagement in
learning, promote higher class attendence, improve
retention, and reduce the risk for dropout, and
actively address the specific learning needs and
interests of all types of students, especially those
who may benefit from approaches and experiences not
offered in the traditional classroom setting;
``(4) provide teachers and staff in learning
partnerships with increased opportunities to work
collaboratively, and to participate in professional
planning and professional development, within and
across grades and subjects to improve teaching and
learning;
``(5) provide students with safe learning
environments and additional resources to increase
student engagement in school; and
``(6) offer families of students served by
partnerships opportunities for literacy development and
related educational development.
``SEC. 4002. ALLOTMENT TO STATES.
``(a) Reservation.--From the funds appropriated under section
4009 for any fiscal year, the Secretary shall reserve not more
than 1 percent for payments to the outlying areas and the
Bureau of Indian Affairs, to be allotted in accordance with
their respective needs for assistance under this part, as
determined by the Secretary, to enable the outlying areas and
the Bureau to carry out the purpose of this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated
under section 4009 for any fiscal year and remaining
after the Secretary makes reservations under subsection
(a), the Secretary shall allot to each State for the
fiscal year an amount that bears the same relationship
to the remainder as the amount the State received under
subpart 2 of part A of title I for the preceding fiscal
year bears to the amount all States received under that
subpart for the preceding fiscal year, except that no
State shall receive less than an amount equal to one-
half of 1 percent of the total amount made available to
all States under this subsection.
``(2) Reallotment of unused funds.--If a State does
not receive an allotment under this part for a fiscal
year, the Secretary shall reallot the amount of the
State's allotment to the remaining States in accordance
with this subsection.
``SEC. 4003. STATE ACTIVITIES.
``(a) In General.--A State educational agency may use not
more than 5 percent of the amount made available to the State
under section 4002(b) for--
``(1) the administrative costs of carrying out its
responsibilities under this part; and
``(2) providing technical assistance as described in
subsection (b) to learning partnerships;
``(b) Technical Assistance.--
``(1) In general.--The technical assistance described
in this paragraph includes the following:
``(A) Assisting learning partnerships who are
prioritized in section 4005(g) including rural
and urban schools by--
``(i) informing those learning
partnerships that are prioritized in
section 4005(g) that they have a
priority for competing for grants under
section 4005;
``(ii) providing technical assistance
to the learning partnership for the
development of the applications
described in section 4005(b), including
assisting the learning partnership in
identifying which elementary schools
and secondary schools to serve;
``(iii) providing technical
assistance to the learning partnership
if they do not receive a grant under
section 4005 so that they may re-
compete in following competitions;
``(B) Assisting each learning partnership
that receives an award under section 4005 to
plan and implement additional learning time
with such funds, including assisting the
learning partnership in--
``(i) determining how to implement
additional learning time in the schools
the learning partnership intends to
serve based on the results of the needs
assessment described in section
4005(b)(2)(C)(i);
``(ii) identifying additional
community partners, which may include
multicounty public entities, and
resources that may be utilized to
implement the additional learning time;
``(iii) strengthening the existing
partnerships of the learning
partnership, identifying appropriate
roles for each of the partners in the
implementation of additional learning
time in schools served by the learning
partnership, and ensuring that the
partnership is effective in maintaining
strong communication, information
sharing, and joint planning and
implementation;
``(C) Identifying best practices for
professional development for teachers and staff
in learning partnerships receiving funding
under this part to implement the authorized
activities described in section 4006.
``(D) Identifying best practices for using
additional learning time to improve academic
enrichment, and student academic achievement in
schools, and providing technical assistance to
the learning partnership in using such best
practices to implement and improve additional
learning time initiatives.
``(E) Providing guidance on how to provide
programs that are age appropriate and address
the varying needs of students in elementary
(including preschool), middle, and diploma
granting schools.
``(F) Supporting pay for success initiatives
at the State or local level to meet the
purposes of this part.
``(2) Subgrants for technical assistance.--A State
educational agency may use a portion of the funds
described in paragraph (1) to award subgrants to
entities including intermediaries, educational service
agencies or other public entities with demonstrated
expertise in additional learning time capacity
building, or evaluation to carry out the technical
assistance described in subparagraph (A).
``SEC. 4004. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 4002(b) for any fiscal year, a State educational agency
shall submit to the Secretary, at such time and in such manner
as the Secretary may require, an application that--
``(1) designates the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this part;
``(2) describes how the State educational agency will
use funds received under this part, including funds
reserved for State-level activities;
``(3) contains an assurance that the State
educational agency, in making awards under section
4005, will give priority to learning partnerships that
propose to serve--
``(A) students attending schools in need of
support and high-priority schools;
``(B) schools with a high number or
percentage of students that are eligible for
free or reduced price lunch under the Richard
B. Russell School Lunch Act (42 U.S.C. 1751 et
seq.);
``(4) describes the peer review process as described
in section 4005(e) and the selection criteria the State
educational agency will use to evaluate applications
from, and select, learning partnerships to receive
awards under section 4005;
``(5) describes the steps the State educational
agency will take to ensure that activities and programs
carried out by learning partnerships using such
awards--
``(A) implement evidence-based strategies;
and
``(B) ensure learning partnerships have the
capacity to implement high-quality additional
learning time activities that are different
from methods which have been proven ineffective
during the regular school day;
``(6) describes how the State educational agency will
use the indicators under section 4007(a)(3) to measure
the performance, on an annual basis, of learning
partnerships, and
``(A) use outcomes from multiple indicators
and not rely on one indicator in isolation; and
``(B) provide ongoing technical assistance
and training and dissemination of promising
practices;
``(7) provides an assurance that the State
educational agency will set up a process to allow
learning partnerships who receive an award under
section 4005 and who operate a proven and effective
program based on the measures of performance described
in paragraph (6) to recompete in their last year of
funding for an additional 5-year implementation cycle;
``(8) describes how the State educational agency
will, to the extent practicable, distribute funds under
this part equitably among geographic areas within the
State, including urban and rural areas;
``(9) includes information identifying the per-pupil
funding amount range the State educational agency will
use to ensure that awards made under section 4005 are
of sufficient size and scope to carry out the purposes
of the award,
``(10) includes an assurance that in determining
award amounts in accordance with paragraph (9), the
State educational agency shall take into
consideration--
``(A) diverse geographical areas; and
``(B) the quality of activities and programs
proposed by learning partnerships applying for
such awards;
``(11) provides an assurance that the application
will be developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, and other State agencies administering
additional learning time, the heads of the State health
and mental health agencies or their designees,
teachers, parents, students, the business community,
and community-based organizations;
``(12) describes how activities and programs carried
out by the learning partnerships under this part will
be coordinated with programs under this Act, and other
programs as appropriate;
``(13) describes how the State educational agency
will provide a fair and transparent competition for
learning partnerships that apply for grant funds under
section 4005(b);
``(14) provides an assurance that the State
educational agency in determining grant awards to
learning partnerships will award grants based solely on
the quality of the application in relationship to the
needs identified by the learning partnership through
the needs assessment described in section
4005(b)(2)(C)(i); and
``(15) provides for timely public notice of intent to
file an application and an assurance that the
application will be available for public review after
submission.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance with
this part.
``(c) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the
finding of noncompliance, and, in such notification,
shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as
to the noncompliant provisions, needed to make
the application compliant.
``(e) Response.--If the State educational agency responds to
the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the
agency received the notification, and resubmits the application
with the requested information described in subsection
(d)(2)(B), the Secretary shall approve or disapprove such
application prior to the later of--
``(1) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described
in subsection (b).
``(f) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--Each State that receives an allotment
under this part shall reserve not less than 95 percent of the
amount allotted to such State under section 4002(b), for each
fiscal year for awards to learning partnerships under this
section.
``(b) Application.--
``(1) In general.--To be eligible to receive an award
under this part, a learning partnership shall submit an
application to the State educational agency at such
time, in such manner, and including such information as
the State educational agency may reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include the following:
``(A) Implementation plan.--A description of
the planning activities that will be conducted
during the planning phase, if applicable, that
shall include a budget for the planning
activities;
``(B) Roles and responsibilities.--A
description of the learning partnership and the
roles and responsibilities of each of the
partners of the learning partnership.
``(C) Additional learning time activities.--A
description of--
``(i) the activities that will be
carried out by the learning partnership
during the additional learning time
based solely on the learning
partnership's determination of the
results of a needs assessment that
considers--
``(I) school-wide needs,
including planning time and
instructional time for teachers
and staff in the learning
partnership;
``(II) individual student
learning needs;
``(III) school and student
safety; and
``(IV) the number of
additional hours (during the
regular school day or outside
of the regular school day, as
applicable) needed for
supervised student enrichment,
determined through school,
family, and community input;
``(ii) a description of how the
learning partnership will align the
activities described in this
subparagraph with--
``(I) school improvement
plans developed and implemented
pursuant to section 1116, if
applicable;
``(II) academic instruction
that occurs during the regular
school day at the school
proposed to be served by the
learning partnership; and
``(III) in the case of a
learning partnership
implementing additional
learning time as described in
section 4008(2)(B), school
improvement efforts supported
by other programs under this
Act and other relevant State
and local programs;
``(iii) the anticipated number of
hours of additional learning time the
average and highest-need student will
receive, based on evidence-based
attendance expectations, and how the
number of hours are appropriate based
on the needs assessment described in
clause (i) and the requirements of
(ii);
``(iv) the grade or grade spans
(including preschool) to be served by
the learning partnerships using award
funds;
``(v) how students participating in
the activities will travel safely to
and from the additional learning time
center and home, as applicable; and
``(vi) a description of how the
learning partnership will ensure that
staff employed by the learning
partnership will coordinate to develop
and implement activities described in
this subparagraph using, in part, the
data described in subparagraph (F).
``(D) Selection of schools.--A description of
the process, considerations, and criteria the
learning partnership will use to select schools
to implement additional learning time programs
and activities that shall take into account the
priorities described in section 4005(g);
``(E) Facility assurance.--An assurance that
the activities described in subparagraph (C)
will take place in a safe and easily accessible
facility and a description of how the learning
partnership will disseminate information about
the facility to the parents and community in a
manner that is understandable and accessible;
``(F) Data sharing.--An assurance that
relevant student level data will be shared
within the learning partnership consistent with
the requirements of section 444 of the General
Education Provisions Act so that the activities
described in subparagraph (C)(i) are aligned
according to subparagraph (C)(ii).
``(G) Professional development activities.--A
description of how the learning partnership
will provide professional development to the
staff employed by the learning partnership.
``(H) Public resources.--An identification of
Federal, State, and local programs that will be
combined or coordinated with the additional
learning time program to make the most
effective use of public resources.
``(I) Supplement, not supplant.--An assurance
that funds under this section will be used to
increase the level of State, local, and other
non-Federal funds that would, in the absence of
funds under this part, be made available for
programs and activities authorized under this
part, and in no case supplant Federal, State,
local, or non-Federal funds;
``(J) Experience.--A description of past
performance and record of effectiveness of the
community based organization within the
partnership in providing the activities
described in subparagraph (C).
``(K) Continuation after federal funding.--A
description of a preliminary plan for how the
additional learning time will continue when
funding under this part ends.
``(L) Capacity.--An assurance that the
learning partnership has the capacity to
collect the data relevant to the indicators
described under section 4007(a)(3).
``(M) Notice of intent.--An assurance that
the community of the learning partnership will
be given notice of an intent to submit an
application and that the application and any
waiver request will be available for public
review after submission of the application.
``(N) Other information and assurances.--Such
other information and assurances as the State
educational agency may reasonably require.
``(c) Approval of Certain Applications.--The State
educational agency may approve an application under this
section for a program to be located in a facility other than an
elementary school or secondary school only if the program will
be at least as available and accessible to the students to be
served as if the program were located in an elementary school
or secondary school.
``(d) Non-Federal Match.--
``(1) In general.--A State educational agency shall
require a learning partnership to match funds awarded
under this part, except that such match may not exceed
the amount of the grant award and may not be derived
from other Federal funds.
``(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
fee scale that takes into account--
``(A) the relative poverty of the population
to be targeted by the learning partnership; and
``(B) the ability of the learning partnership
to obtain such matching funds.
``(3) In-kind contributions.--Each State educational
agency shall permit the community-learning partnership
to provide all or any portion of such match in the form
of in-kind contributions.
``(e) Peer Review.--In reviewing local applications under
this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of such
applications.
``(f) Duration of Awards.--Grants under this section may be
awarded for a period of 5 years. Learning partnerships that
receive funding under this section and who operate a proven and
effective program based on the measures of performance
established in section 4004(a)(6) shall be allowed to recompete
in their last year of funding for an additional 5 year grant.
``(g) Priority.--In awarding grants under this part, a State
educational agency shall give priority to applications
proposing to target services to--
``(1) students (including preschool students) who
attend schools in need of support and high-priority
schools; and
``(2) learning partnerships that propose to serve
schools with a high percentage or number of students
that are eligible for free and reduced price lunch
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
``SEC. 4006. LOCAL ACTIVITIES.
``(a) Authorized Activities.--
``(1) In general.--Each learning partnership that
receives an award under section 4005 shall use the
award funds to implement additional learning time
activities that are consistent with section 4005(b)(2).
``(2) Planning period.--Each learning partnership may
use funds under this section for a planning period of
not longer than 6 months to develop an implementation
plan described in section 4005(b)(2)(A) to carry out
the additional learning time activities, or up to one
school year to develop an extended school day, week, or
year.
``SEC. 4007. REPORTING.
``(a) Report by Learning Partnerships.--Each learning
partnership shall, not later than 1 year after the first day of
the first school year in which the additional learning time is
implemented, prepare and submit to the State educational agency
a report--
``(1) containing a detailed description of the
additional learning time activities that were carried
out under this part;
``(2) with respect to each school served by the
partnership--
``(A) on the actual expenses associated with,
carrying out the additional learning time
programs and activities in the first school
year; and
``(B) a description of how the additional
learning time programs and activities were
implemented and whether such programs and
activities were carried out during non-school
hours or periods when school is not in session
or added to expand the school day, school week,
or school year schedule; and
``(3) containing measures of performance, aggregated
and disaggregated, on the following indicators--
``(A) student academic achievement as
measured by--
``(i) high-quality State academic
assessments; and
``(ii) student growth in accordance
with student growth standards;
``(B) for diploma granting schools served by
the learning partnerships, graduation rates;
``(C) student attendance, reported separately
for in-school attendance and attendance at the
nonschool time programs, if applicable;
``(D) performance on a set of comprehensive
school performance indicators that may
include--
``(i) as appropriate, rate of earned
on-time promotion from grade-to-grade;
``(ii) for high schools served by the
learning partnerships, the percentage
of students taking a college
preparatory curriculum, or student
rates of enrollment, persistence, and
attainment of an associate or
baccalaureate degree;
``(iii) the percentage of student
suspensions and expulsions;
``(iv) indicators of school readiness
for entering kindergartners;
``(v) evidence of increased parent
and family engagement and support for
children's learning;
``(vi) evidence of increased student
engagement in school, which may include
completing of assignments and coming to
class prepared;
``(vii) evidence of mastery of non-
academic skills which may include
problem solving, learning to work in
teams, and social and civic
responsibility;
``(viii) improved personal attitude,
which may include initiative, self-
confidence, self-esteem and sense of
self-efficacy; and
``(ix) development of social skills,
which may include behavior,
communication, relationships with peers
and adults.
``(b) Report by State Educational Agency.--A State
Educational Agency that receives funds under this part shall
annually prepare and submit to the Secretary a report that
contains all reports submitted by learning partnerships under
the jurisdiction of the agency, aggregated and disaggregated,
provided under subsection (a).
``(c) Publication and Availability of the Report.--The
Secretary shall publish and make widely available to the
public, including through a website or other means, a summary
of the reports received under subsection (b).
``SEC. 4008. DEFINITIONS.
``In this part:
``(1) Learning partnership.--The term `learning
partnership' means--
``(A) a local educational agency, a
consortium of local educational agencies, or an
educational service agency and one or more
local educational agencies, in a partnership
with 1 or more community-based organizations or
other public or private entities; or
``(B) a community-based organization, or
other public or private entity, in a
partnership with a local educational agency, a
consortium of local educational agencies, or an
educational service agency and one or more
local educational agencies.
``(2) Additional learning time.--The term `additional
learning time' means--
``(A) time added during non-school hours or
periods when school is not in session, such as
before or after school or during summer recess
for activities that--
``(i) provide opportunities for
student academic enrichment, including
hands-on, experiential and project-
based learning opportunities for
subjects including English, reading or
language arts, mathematics, science,
foreign languages, civics and
government, economics, music and the
arts, history, geography, health
education, physical education,
environmental literacy, and activities
such as tutoring and service learning
that--
``(I) assist students in
meeting State and local
academic achievement standards
in core academic subjects,
``(II) use evidence-based
skill training approaches and
active forms of learning to
promote healthy development,
and engage students in
learning;
``(III) align and coordinate
with the regular school day and
school year curriculum;
``(IV) align to school
improvement plans developed
pursuant to section 1116, as
applicable; and
``(V) align to the learning
needs of individual students at
the school served by the
learning partnership;
``(ii) provide students with
opportunities for personal and social
development;
``(iii) serve the learning needs and
interests of all students, including
those who already meet or exceed
student academic achievement standards
as measured by high-quality State
academic assessments, and especially
those who may not be achieving at grade
level in the traditional classroom
setting;
``(iv) are developmentally and age
appropriate; and
``(v) involve a broad group of
stakeholders (including educators,
parents, students, and community
partners) in carrying out additional
learning time programs and activities
described in this subparagraph; or
``(B) time added to expand the school day,
school week, or school year schedule, that--
``(i) increases the total number of
school hours for the school year at a
school based on evidence supporting the
amount of additional learning time
needed to achieve the objectives
described in clause (ii);
``(ii) is used to redesign the
school's program and schedule--
``(I) to support innovation
in teaching, in order to
improve the academic
achievement of students aligned
to the school improvement plan,
if applicable, especially those
students who may not be
achieving at grade level, in
reading or language arts,
mathematics, science, history
and civics, and other core
academic subjects;
``(II) to improve the
performance of all students,
including those students who
are struggling to meet college
and career ready standards or
State early learning standards,
as appropriate, and those
students who already meet or
exceed college and career ready
standards as measured by high-
quality State academic
assessments;
``(III) for additional
subjects and enrichment
activities that reflect student
interest, connect to effective
community partners, and
contribute to a well-rounded
education, which may include
music and the arts, health
education, physical education,
service learning, and
experiential and work-based
learning opportunities (such as
community service, learning
apprenticeships, internships,
and job shadowing);
``(IV) to advance student
learning by providing a
learning environment and
supporting learning activities
that engage students, develop
social skills, and cultivate
positive personal attitude; and
``(V) for teachers and staff
in learning partnerships to
collaborate, and plan, within
and across grades and subjects;
``(iii) provides school-wide services
that are--
``(I) aligned to school
improvement plans developed
pursuant to section 1116, as
applicable; and
``(II) aligned to individual
student achievement needs as
identified by the school-site
staff at the school served by
the community-learning
partnership; and
``(iv) involve a broad group of
stakeholders (including educators,
parents, students and community
partners) in planning and carrying out
additional learning time programs and
activities described in this
subparagraph.
``(3) Environmental literacy.--The term
`environmental literacy' means a fundamental
understanding of ecological principles, the systems of
the natural world, and the relationships and
interactions between natural and man made environments.
``SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $1,200,000,000 for fiscal year 2016 and such sums as may
be necessary for each succeeding fiscal year.
``Part B--Grants to Support Student Safety, Health, and Success
``SEC. 4201. PURPOSE.
``The purposes of this part are--
``(1) to support local educational agencies and
schools in providing comprehensive systems of learning
supports to students and their families so that
students receive their education in safe environments
and graduate from school college and career ready;
``(2) to enhance the ability of local educational
agencies and schools to leverage resources within
schools and within communities to improve instruction,
strengthen programs, and identify gaps in existing
programs for students and their families;
``(3) to ensure the academic, behavioral, emotional,
health, mental health, and social needs of all
students, including students from low income families,
students with disabilities, English learners, and youth
who are involved in or who are identified by evidence-
based risk assessment methods as being at high risk of
becoming involved in juvenile delinquency or criminal
street gangs through a coordinated pipeline or
continuum of services for children from birth through
college or career;
``(4) to support programs and activities that prevent
and respond to violence in and around schools
(including bullying, harassment, and mass casualty
events), that prevent the illegal use of alcohol,
tobacco, and drugs by students, and provide resources
and training to foster a safe and drug-free learning
environment to support student academic achievement;
and
``(5) to enhance partnerships between schools,
parents, and communities, and better support family and
community engagement in education.
``SEC. 4202. RESERVATIONS AND ALLOTMENTS.
``(a) In General.--From the amount made available under
section 4210 to carry out this part for each fiscal year, the
Secretary--
``(1) shall reserve 1 percent of such amount for
grants to the outlying areas to be allotted in
accordance with the Secretary's determination of their
respective needs and to carry out programs described in
this part; and
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs
described in this part for Indian youth.
``(b) State Allotments.--Except as provided in subsection
(a), the Secretary shall, for each fiscal year, allot among the
States--
``(1) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(2) one-half of such remainder according to the
ratio between the amount each State received under
section 1124A for the preceding year and the sum of
such amounts received by all the States.
``(c) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(d) Reallotment of Unused Funds.--
``(1) Reallotment for failure to apply.--If any State
does not apply for an allotment under this part for a
fiscal year, the Secretary shall reallot the amount of
the State's allotment to the remaining States in
accordance with this section.
``(2) Reallotment of unused funds.--The Secretary may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within 2 years of such allotment. Such
reallotments shall be made on the same basis as
allotments are made under subsection (b).
``SEC. 4203. STATE APPLICATIONS.
``(a) Application.--To receive a grant under this part, a
State educational agency shall submit to the Secretary an
application at such time and in such manner as the Secretary
may require, and containing the information described in
subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include the following:
``(1) An assurance that the State educational agency
will review existing resources and programs across the
State and coordinate any new plans and resources under
this part with such existing programs and resources.
``(2) A description of how the State educational
agency will identify and eliminate State barriers to
the coordination and integration of programs,
initiatives, and funding streams so that local
educational agencies can provide comprehensive
continuums of learning supports.
``(3) A description of the State educational agency's
comprehensive school safety plan, which shall address
bullying and harassment, provide for evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention, address school-sponsored, off-premises,
overnight field trips, disaster preparedness, and
crisis and emergency management; and any other issues
determined necessary by the State educational agency
(existing plans may be used to satisfy the requirements
of this section if such existing plans include the
information required by this section, or can be
modified to do so, and are submitted to the Secretary
with such modifications) which--
``(A) shall be submitted to the Secretary not
later than 1 year after the enactment of the
Student Success Act;
``(B) shall be developed in consultation with
public safety and community partners, including
police, fire, emergency medical services,
emergency management agencies, parents, and
other such organizations;
``(C) shall be made available to the public
in a manner that is understandable and
accessible; and
``(D) the State educational agency shall
require all local educational agencies to adopt
the plan within 1 year of approval (existing
plans may be used to satisfy the requirements
of this section if such existing plans are
approved by the State educational agency and
include the information required by this
section, or can be modified to do so).
``(4) A description of how grant funds will be used
to identify best practices for professional development
for sustainable comprehensive program development.
``(5) A description of how the State educational
agency will monitor the implementation of activities
under this part, and provide technical assistance to
local eligible entities.
``(6) A description of how the State educational
agency will ensure subgrants to eligible entities will
facilitate school-community planning and effective
service coordination, integration, and provision at the
local level to achieve high performance standards based
on the system developed in paragraph (7).
``(7) A description of how the State educational
agency will develop a system for reporting and
measuring eligible entity performance, and assist
eligible entities in developing and implementing
systems for measuring performance based on the
indicators in section 4208(a)(3).
``(8) An assurance that the State educational agency
will set up a process to allow local eligible entities
who receive an award under section 4206 and who operate
a proven and effective program based on the measures of
performance described in paragraph (7) to recompete in
their last year of funding for an additional 5-year
cycle.
``(9) A description of the steps the State
educational agency will take to ensure that activities
and programs carried out by local eligible entities
will implement evidence based strategies.
``(10) A description of how the number of youth
involved in juvenile delinquency and criminal justice
systems will not increase as a results of activities
funded under this grant.
``(c) Approval Process.--
``(1) Deemed approval.--An application submitted by a
State pursuant to this section shall undergo peer
review by the Secretary and shall be deemed to be
approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the
120-day period beginning on the date on which the
Secretary received the application, that the
application is not in compliance with this subpart.
``(2) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the
State educational agency and the chief executive
officer of the State notice and an opportunity for a
hearing.
``(3) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part,
with this subpart, the Secretary shall--
``(A) give the State educational agency and
the chief executive officer of the State notice
and an opportunity for a hearing; and
``(B) notify the State educational agency and
the chief executive officer of the State of the
finding of noncompliance, and in such
notification, shall--
``(i) cite the specific provisions in
the application that are not in
compliance; and
``(ii) request additional
information, only as to the
noncompliant provisions, needed to make
the application compliant.
``(4) Response.--If the State educational agency and
the chief executive officer of the State respond to the
Secretary's notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which
the agency received the notification, and resubmit the
application with the requested information described in
paragraph (3)(B)(ii), the Secretary shall approve or
disapprove such application prior to the later of--
``(A) the expiration of the 45-day period
beginning on the date on which the application
is resubmitted; or
``(B) the expiration of the 120-day period
described in paragraph (1).
``(5) Failure to respond.--If the State educational
agency and the chief executive officer of the State do
not respond to the Secretary's notification described
in paragraph (3)(B) during the 45-day period beginning
on the date on which the agency received the
notification, such application shall be deemed to be
disapproved.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit local educational agencies or individual
schools from incorporating additional elements to the State-
developed comprehensive school safety plan to improve student
and school safety reflective of the individual agency or school
community.
``SEC. 4204. STATE USE OF FUNDS.
``(a) 95 Percent of Funds.--Each State educational agency
that receives a grant under this part shall reserve not less
than 95 percent of the grant amount, for each fiscal year to
award subgrants to local eligible entities in accordance with
section 4206.
``(b) 5 Percent of Funds.--A State educational agency shall
use not more than 5 percent, of which not more than 1 percent
may be used for administration of a grant received under this
subpart or may subgrant a portion of such funds to educational
service agencies, or other public entities with demonstrated
expertise to carry out the following activities:
``(1) Identify and eliminate State barriers to the
coordination and integration of programs, initiatives,
and funding streams so that local educational agencies
can provide comprehensive continuums of learning
supports.
``(2) Assist local eligible entities who are
prioritized in section 4205(b) including those eligible
entities that plan to serve rural and urban schools
by--
``(A) informing those local eligible entities
that they have a priority for competing for
grants;
``(B) providing technical assistance to the
local eligible entities for the development of
the applications described in section 4206;
``(C) providing technical assistance to the
local eligible entities if they do not receive
a grant under section 4206 so that they may
recompete in following competitions;
``(3) Identify best practices for professional
development and capacity building for local educational
agencies for the delivery of a comprehensive system of
learning supports for teachers, administrators, and
specialized instructional support personnel in schools
that are served by the eligible entity receiving
funding under this part to implement the authorized
activities described in section 4207.
``(4) Reporting and evaluation activities.
``SEC. 4205. GENERAL SUBGRANT REQUIREMENTS.
``(a) In General.--A State educational agency shall use grant
funds received under this part to award subgrants to eligible
entities.
``(b) Absolute Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
priority to--
``(1) local eligible entities that propose to serve a
high percentage or number of students that are eligible
for free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
``(2) local eligible entities proposing to serve
students who attend schools in need of support and
high-priority schools;
``(c) Competitive Priority.--In awarding subgrants to local
eligible entities, the State educational agency shall give
competitive priority to--
``(1) in the case of local eligible entities that
intend to implement programs described in section
4207(2)(A), local eligible entities that serve schools
that implement, or have plans to implement disciplinary
policies that are research based and focus on multi-
tiered systems of support; and
``(2) in the case of eligible entities that intend to
implement programs described in section 4207(2)(C),
eligible entities proposing to serve geographic areas
most in need of these services and that commit to
working with local Promise Coordinating Councils.
``(d) Duration of Subgrant.--A State educational agency shall
award under this part subgrants to eligible local entities for
5 years.
``(e) Renewal.--
``(1) In general.--A State educational agency may
renew a subgrant awarded under this part for a period
of 5 years.
``(2) Renewal application.--To renew a subgrant, an
eligible entity shall submit an application to the
Secretary every 5 years as long as the eligible entity
can demonstrate that they operate a proven and
effective program based on performance on the
indicators in section 4208(a)(3).
``SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION.
``(a) In General.--A local eligible entity that seeks a grant
under this part shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require, including the information described in
subsection (b).
``(b) Contents.--An application submitted under subsection
(a) shall include the following:
``(1) The results of a comprehensive needs assessment
(which shall include incident data, and teacher,
parent, or community surveys) and assets assessment
which shall include a comprehensive analysis of the
following--
``(A) the safety of the schools served by the
local eligible entity (which shall include a
comprehensive analysis of incidents and
prevalence of bullying and harassment at
schools served by the local eligible entity);
``(B) the incidence and prevalence of drug,
alcohol and substance abuse at schools served
by the local eligible entity;
``(C) the needs of youth in the community
with respect to evidence-based and promising
practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention, including an assessment of the
number of youth who are involved or at-risk of
involvement in juvenile delinquency and
criminal street gang activity and the number of
chronically truant youth;
``(D) the number of specialized instructional
support personnel employed by schools served by
the local eligible entity and the services
provided by those personnel;
``(E) the prevalence of student health
(including mental health, physical fitness, and
nutrition) needs at schools served by the local
eligible entity;
``(F) existing programs and services intended
to provide a comprehensive system of support
within schools served by local eligible
entities, including the support of school
governance and leadership for the programs and
services and evidence of past successful
collaboration in the delivery of services;
``(G) resources available in the community,
including public agencies, nonprofit
organizations, and community businesses and
employers that could be leveraged by schools
served by the local eligible entity to create
comprehensive systems of support or deliver
pipeline services within the schools;
``(H) school discipline data including in-
school suspensions, out-of-school suspensions,
expulsion, school-based arrests, referrals to
law enforcement, and referrals to alternative
schools; and
``(I) additional needs identified by the
local eligible entity.
``(2) A description of the methodology used in
conducting the needs assessment described in paragraph
(1);
``(3) any steps that the eligible entity is taking,
at the time of the application, to address needs
identified during the needs assessment described in
paragraph (1)
``(4) A description of the plan to implement grant
funds (taking into account the cultural and linguistic
needs of the community) which shall include the
following components:
``(A) A description of the services (taking
into account the cultural and linguistic needs
of the community) that will be provided by the
local eligible entity which shall include
prevention, intervention, and systematic
efforts to address student learning needs or
pipeline services as identified and prioritized
by the needs assessment in paragraph (1).
``(B) A description of how existing
resources, services, and programs will be
coordinated and integrated with new resources,
services, and programs to create a
comprehensive system of learning supports or
pipeline services that is aligned with school
improvement plans required under section 1116,
as applicable.
``(C) A description of the partners within
the eligible entity and their roles as they
relate to the implementation of the
comprehensive system of learning supports or
pipeline services that will be implemented to
address the needs outlined in the needs and
assets assessment described in subsection
(b)(1).
``(D) A description of how the grant will be
used to enhance administrator's, teacher's, and
specialized instructional support personnel's
identification and response to student learning
needs for providing learning supports through
professional development, and how school
capacity will be enhanced to handle problems
facing students such as those identified in the
needs assessment.
``(E) A description of how the eligible
entity will identify the financial savings from
deferred or eliminated costs, or other benefits
as a result of the programs or activities
implemented by the eligible entities (in the
case of an eligible entity who implements
programs described in section 4207(2)(C), a
comparative analysis of potential savings from
criminal justice costs, public assistance
costs, and other costs avoided by such
programs).
``(F) A description of how the local eligible
entity will measure performance based on the
indicators described in section 4208(a)(3).
``(G) A description of the process for
periodically reviewing the needs of students
and assets within the school and community, and
involving more community partners as
applicable, and how data on performance on the
indicators described in section 4208(a)(3) will
be used to provide feedback on progress, and
institutionalize support mechanisms to maintain
and continually improve activities including
when grant funds end.
``(c) Special Rule.--A local eligible entity may use--
``(1) an existing needs assessment to satisfy the
requirements of subsection (b)(1), if the assessment
includes the information required by such subsection,
or can be modified to do so; and
``(2) an existing plan to satisfy the requirements of
subsection (b)(3), if the plan meets the requirements
of such subsection and is approved by the State
educational agency.
``SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS.
``A local eligible entity that receives a subgrant under this
part shall use such funds to carry out the following
activities:
``(1) Implement a comprehensive plan as described in
section 4206(b)(4).
``(2) Programs and activities that address the needs
of the schools served by the eligible entity as
identified by the needs and assets assessment in
section 4206(b)(1), which may include--
``(A) violence prevention programs,
including--
``(i) programs to provide safe
passage to and from school;
``(ii) programs to prevent and
appropriately respond to incidents of
bullying and harassment (including
professional development for teachers
and other school personnel);
``(iii) programs that promote
positive school environments for
learning and reduce the need for
suspensions, expulsions, referral to
law enforcement, and other practices
that remove students from instruction;
``(iv) conflict resolution and
restorative practice and mediation
programs;
``(v) activities that involve
families, community sectors (which may
include appropriately trained seniors)
and a variety of providers in setting
clear expectations against violence and
appropriate consequences of violence;
``(vi) professional development and
training for, and involvement of,
school personnel, specialized
instructional personnel, parents, and
interested community members in
prevention, education, early
identification and intervention,
mentoring, or rehabilitation referral,
as related to violence prevention;
``(vii) reporting criminal offenses
committed on school property;
``(viii) emergency intervention
services following traumatic crisis
events, such as a shooting, a mass
casualty event, or a major accident
that has disrupted the learning
environment;
``(ix) establishing and maintaining a
school safety hotline;
``(x) programs to train school
personnel to identify warning signs of
youth suicide and to create an action
plan to help youth at risk of suicide;
or
``(xi) programs that respond to the
needs of students who are faced with
domestic violence or child abuse;
``(B) drug and alcohol abuse prevention
programs, including--
``(i) age appropriate and
developmentally based activities that--
``(I) address the
consequences of violence and
illegal use of drugs, as
appropriate;
``(II) promote a sense of
individual responsibility and
teach students that most people
do not illegally use drugs;
``(III) teach students to
recognize social and peer
pressure to use drugs illegally
and the skills for resisting
illegal drug use; and
``(IV) teach students about
the dangers of emerging drugs;
``(ii) activities that involve
families, community sectors (which may
include appropriately trained seniors)
and a variety of providers in setting
clear expectations against illegal use
of drugs and appropriate consequences
for illegal use of drugs;
``(iii) dissemination of drug
prevention information to schools and
communities;
``(iv) professional development and
training for, and involvement of,
school personnel, specialized
instructional support personnel,
parents, and interested community
members in prevention, education, early
identification and intervention,
mentoring, or rehabilitation referral,
as related to drug prevention; or
``(v) community wide planning and
organizing to reduce illegal drug use;
``(C) evidence-based and promising practices
related to juvenile delinquency and criminal
street gang activity prevention and
intervention for youth who are involved in, or
at risk of involvement in, juvenile delinquency
or street gang activity (that shall involve
multiple community partners within the local
eligible entity through coordination with a
local Promise Coordinating Council);
``(D) recruiting, hiring, and maintaining
specialized instructional support personnel or
providing additional specialized instructional
support services, including comprehensive
career counseling, with priority given to the
highest need schools to be served by the
eligible entity;
``(E) implementing multi-tiered systems of
support including positive behavior supports;
``(F) support services to address the
behavioral, emotional, physical health, mental
health and social needs of students,
including--
``(i) social and emotional learning
programs;
``(ii) mentoring programs;
``(iii) physical fitness, health
education, and nutrition education
programs;
``(iv) trauma-informed practices;
``(v) programs to meet the unique
needs of students with active-duty
military and recently discharged
veteran parents; and
``(vi) programs to purchase and train
personnel to use automated external
defibrillators and hemorrhage control
kits;
``(G) services and programs to support
education of pregnant and parenting teens;
``(H) programs that enable schools to prepare
for, respond to, and recover from disasters,
crises and emergencies that threaten safety or
disrupt teaching and learning, including
programs to purchase and train personnel to use
automated external defibrillators and
hemorrhage control kits;
``(I) other pipeline services; or
``(J) other services consistent with this
section.
``SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY.
``(a) Local Accountability and Transparency.--On an annual
basis, each local eligible entity shall report to the public
and the State such information as the State may reasonably
require, including--
``(1) the number of students, aggregated and
disaggregated by subgroup as described in section
1111(c)(3)(A) who were served by the programs and
activities in this part;
``(2) the programs and services provided under this
Act;
``(3) outcomes resulting from activities and services
funded under this part, aggregated and disaggregated by
subgroup as described in section 1111(c)(3)(A) on the
following indicators--
``(A) student academic achievement as
measured by State academic assessments and
student growth over time as described in
section 1111(b)(3);
``(B) for diploma granting schools,
graduation rates;
``(C) student attendance;
``(D) suspensions and expulsions;
``(E) performance on a set of other
indicators that shall be based on the
activities and services implemented based on
the results of the needs assessment described
in section 4206(b)(1) and may include--
``(i) the frequency, seriousness, and
incidence of violence, including
bullying and harassment, and drug
related offenses resulting in
suspensions and expulsions;
``(ii) the incidence and prevalence,
age of onset, perception of health
risk, and perception of social
disapproval of drug use and violence by
youth in schools and communities;
``(iii) the safety of both the school
and passage to and from school, as
measured by a school climate survey;
``(iv) as appropriate, rate of earned
on-time promotion from grade to grade;
``(v) for diploma granting schools,
the percentage of students taking a
college preparatory curriculum, or
student rates of enrollment,
persistence, and attainment of an
associate or baccalaureate degree;
``(vi) academic and developmental
transitions, including from elementary
to middle school and middle school to
high school;
``(vii) referrals to school resource
personnel;
``(viii) evidence of increased parent
and family engagement and support for
children's learning;
``(ix) evidence of increased student
engagement in school, which may include
completing of assignments and coming to
class prepared and on-time;
``(x) student health, including
mental health, the number and
percentage of students who participate
in at least 30 minutes of moderate to
vigorous physical activity 5 days a
week, and the amelioration of risk
factors;
``(F) for early childhood education and
kindergarten programs, the number and
percentage of children who demonstrate, at the
beginning of the program or school year, age-
appropriate functioning across multiple domains
of early learning as determined using
developmentally appropriate early learning
measures; and
``(G) other outcome areas as determined by
the State educational agency.
``(b) State Accountability and Transparency.--On an annual
basis, each State educational agency that receives funds under
this part shall annually prepare and submit to the Secretary a
report that contains all reports submitted by local eligible
entities under the jurisdiction of the agency provided under
(a).
``(c) Supplement, Not Supplant.--Grant funds provided under
this part shall be used to supplement, and not supplant, other
Federal, State, or local funds that would, in the absence of
such grant funds, be made available for comprehensive systems
of learning supports and students participating in programs
under this part.
``(d) Publication and Availability of Report.--The Secretary
shall publish and make widely available to the public,
including through a website or other means, a summary of the
reports received under (b).
``SEC. 4209. DEFINITIONS.
``(a) For purposes of this part--
``(1) Incident data.--The term `incident data' means
data from incident reports by school officials
including, but not limited to, truancy rates; the
frequency, seriousness, and incidence of violence and
drug-related offenses resulting in suspensions and
expulsions; the incidence of bullying and harassment,
and the incidence and prevalence of drug use and
violence by students in schools.
``(2) Comprehensive system of learning supports.--The
term `comprehensive system of learning supports' means
the multifaceted, and cohesive resources, strategies,
and practices that provide class-room based or school-
wide interventions to address the academic, behavioral,
emotional, physical health, mental health, and social
needs of students and families to improve student
learning, teacher instruction and school management.
``(3) Local eligible entity.--The term `local
eligible entity' means a consortium consisting of
community representatives that--
``(A) shall include--
``(i) a local educational agency;
``(ii) not less than 1 other
community partner organization; and
``(B) may include a broad array of community
partners, including a community based
organization, a child and youth serving
organization, an institution of higher
education, an Indian tribe or tribal
organization (as defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), a foundation,
a business, a local government, including a
local governmental agency serving children and
youth such as a child welfare and juvenile
justice agency; students, and parents; and may
include representatives from multiple
jurisdictions.
``(4) Multi-tiered system of support.--The term
`multi-tiered system of support' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessments, research-
based interventions matched to student needs and
educational decisionmaking using student outcome data.
``(5) Bullying.--The term `bullying'--
``(A) means conduct, including electronic
communication, that adversely affects the
ability of 1 or more students to participate in
and benefit from the school's educational
programs or activities by placing the student
(or students) in reasonable fear of physical
harm; and
``(B) includes conduct that is based on--
``(i) a student's actual or
perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity;
``(VIII) religion;
``(IX) immigration or migrant
status;
``(X) proficiency in the
English language; or
``(XI) state of homelessness;
``(ii) any other distinguishing
characteristics that may be defined by
a State or local educational agency; or
``(iii) association with a person or
group with 1 or more of the actual or
perceived characteristics listed in
clause (i) or (ii).
``(6) Harassment.--The term `harassment'--
``(A) means conduct, including electronic
communication, that adversely affects the
ability of 1 or more students to participate in
and benefit from the school's educational
programs or activities because the conduct, as
reasonably perceived, is so severe, persistent,
or persuasive; and
``(B) includes conduct that is based on--
``(i) a student's actual or
perceived--
``(I) race;
``(II) color;
``(III) national origin;
``(IV) sex;
``(V) disability
``(VI) sexual orientation;
``(VII) gender identity; or
``(VIII) religion;
``(ii) any other distinguishing
characteristics that may be defined by
a State or local educational agency; or
``(iii) association with a person or
group with 1 or more of the actual or
perceived characteristics listed in
clause (i) or (ii).
``(7) Juvenile delinquency and criminal street gang
activity prevention and intervention.--The term
`juvenile delinquency and criminal street gang activity
prevention and intervention' means the provision of
programs and resources to children and families who
have not yet had substantial contact with criminal
justice or juvenile justice systems or to youth who are
involved in, or who are identified by evidence-based
risk assessment methods as being at high risk of
continued involvement in, juvenile delinquency or
criminal street gangs, that--
``(A) are designed to reduce potential
juvenile delinquency and criminal street gang
activity risks; and
``(B) are evidence-based or promising
educational, health, mental health, school-
based, community-based, faith-based, parenting,
job training, social opportunities and
experiences, or other programs, for youth and
their families, that have been demonstrated to
be effective in reducing juvenile delinquency
and criminal street gang activity risks.
``(8) PROMISE coordinating councils.--The members of
a PROMISE Coordinating Council shall be representatives
of public and private sector entities and individuals
that--
``(A) shall include, to the extent possible,
at least one representative from each of the
following:
``(i) the local chief executive's
office;
``(ii) a local educational agency;
``(iii) a local health agency or
provider;
``(iv) a local mental health agency
or provider, unless the representative
under clause (iii)) also meets the
requirements of this subparagraph;
``(v) a local public housing agency;
``(vi) a local law enforcement
agency;
``(vii) a local child welfare agency;
``(viii) a local juvenile court;
``(ix) a local juvenile prosecutor's
office;
``(x) a private juvenile residential
care entity;
``(xi) a local juvenile public
defender's office;
``(xii) a State juvenile correctional
entity;
``(xiii) a local business community
representative; and
``(xiv) a local faith-based community
representative;
``(B) shall include two representatives from
each of the following:
``(i) parents who have minor
children, and who have an interest in
the local juvenile or criminal justice
systems;
``(ii) youth between the ages of 15
and 24 who reside in the jurisdiction
of the unit or Tribe; and
``(iii) members from nonprofit
community-based organizations that
provide effective delinquency
prevention and intervention to youth in
the jurisdiction of the eligible
entity; and
``(C) may include other members, as
appropriate.
``(9) Specialized instructional support personnel.--
The term `specialized instructional support personnel'
means school counselors, school social workers, school
psychologists, school nurses, and other qualified
professionals involved in providing assessment,
diagnosis, counseling, educational, therapeutic,
medical, and other necessary services (including
related services, as such term is defined in section
602 of the Individuals with Disabilities in Education
Act (20 U.S.C. 1401)) as part of a comprehensive
program to meet student needs.
``(10) Pipeline services.--The term `pipeline
services' means a continuum of supports and services
for children from birth through college entry, college
success, and career attainment, including, at a
minimum, strategies to address through services or
programs (including integrated student supports) the
following:
``(A) Prenatal education and support for
expectant parents.
``(B) High-quality early learning
opportunities.
``(C) High-quality schools and out-of-school-
time programs and strategies.
``(D) Support for a child's transition to
elementary school, including the administration
of a comprehensive school readiness assessment.
``(E) Support for a child's transition from
elementary school to middle school, from middle
school to high school, and from high school
into and through college or into the workforce.
``(F) Family and community engagement.
``(G) Family and student supports.
``(H) Activities that support college and
career readiness, including coordination
between such activities, such as--
``(i) assistance with college
admissions, financial aid, and
scholarship applications, especially
for low-income and low-achieving
students; and
``(ii) career preparation services
and supports.
``(I) Neighborhood-based support for college-
age students who have attended the schools in
the pipeline, or students who are members of
the community, facilitating their continued
connection to the community and success in
college and the workforce.
``SEC. 4210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $350,000,000 for fiscal year 2016 and such sums as may be
necessary for each succeeding fiscal year.
``Part C--Full-Service Community Schools
``SEC. 4301. SHORT TITLE.
``This part may be cited as the `Full-Service Community
Schools Act of 2015'.
``SEC. 4302. PURPOSES.
``The purposes of this part are the following:
``(1) Improving student learning and development by
providing supports for students that enable them to
graduate college- and career-ready.
``(2) Providing support for the planning,
implementation, and operation of full-service community
schools.
``(3) Improving the coordination and integration,
accessibility, and effectiveness of services for
children and families, particularly for students
attending high-poverty schools, including high-poverty
rural schools.
``(4) Enabling educators and school personnel to
complement and enrich efforts to improve academic
achievement and other results.
``(5) Ensuring that children have the physical,
social, and emotional well-being to come to school
ready to engage in the learning process every day.
``(6) Promoting and enabling family and community
engagement in the education of children.
``(7) Enabling more efficient use of Federal, State,
local, and private sector resources that serve children
and families.
``(8) Facilitating the coordination and integration
of programs and services operated by community-based
organizations, nonprofit organizations, and State,
local, and tribal governments.
``(9) Engaging students as resources to their
communities.
``(10) Engaging the business community and other
community organizations as partners in the development
and operation of full-service community schools.
``SEC. 4303. DEFINITION.
``In this part, the term `full-service community school'
means a public elementary or secondary school that--
``(1) participates in a community-based effort to
coordinate and integrate educational, developmental,
family, health, and other comprehensive services
through community-based organizations and public and
private partnerships; and
``(2) provides access to such services to students,
families, and the community, such as access during the
school year (including before- and after-school hours
and weekends), as well as during the summer.
``SEC. 4304. LOCAL PROGRAMS.
``(a) Grants.--The Secretary may award grants to eligible
entities to assist public elementary or secondary schools to
function as full-service community schools.
``(b) Use of Funds.--Grants awarded under this section shall
be used to--
``(1) coordinate not less than 3 existing qualified
services and provide not less than 2 additional
qualified services at 2 or more public elementary or
secondary schools;
``(2) integrate multiple services into a
comprehensive, coordinated continuum supported by
research-based activities which achieve the performance
goals established under subsection (c)(4)(E) to meet
the holistic needs of young people; and
``(3) if applicable, coordinate and integrate
services provided by community-based organizations and
government agencies with services provided by
specialized instructional support personnel.
``(c) Application.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time and in such manner as the Secretary may require. The
Secretary shall require that each such application include the
following:
``(1) A description of the eligible entity.
``(2) A memorandum of understanding among all partner
entities that will assist the eligible entity to
coordinate and provide qualified services and that
describes the roles the partner entities will assume.
``(3) A description of the capacity of the eligible
entity to coordinate and provide qualified services at
2 or more full-service community schools.
``(4) A comprehensive plan that includes descriptions
of the following:
``(A) The student, family, and school
community to be served, including information
about demographic characteristics that include
major racial and ethnic groups, median family
income, percent of students eligible for free-
and reduced-price lunch, and other information.
``(B) A needs assessment that identifies the
academic, physical, social, emotional, health,
mental health, and other needs of students,
families, and community residents.
``(C) A community assets assessment which
identifies existing resources which could be
aligned.
``(D) The most appropriate metric to describe
the plan's reach within a community using
either--
``(i) the number of families and
students to be served, and the
frequency of services; or
``(ii) the proportion of families and
students to be served, and the
frequency of services.
``(E) Yearly measurable performance goals,
including an increase in the percentage of
families and students targeted for services
each year of the program, which are consistent
with the following objectives:
``(i) Children are ready for school.
``(ii) Students are engaged and
achieving academically.
``(iii) Students are physically,
mentally, socially, and emotionally
healthy.
``(iv) Schools and neighborhoods are
safe and provide a positive climate for
learning that is free from bullying or
harassment.
``(v) Families are supportive and
engaged in their children's education.
``(vi) Students and families are
prepared for postsecondary education
and 21st century careers.
``(vii) Students are contributing to
their communities.
``(F) Performance measures to monitor
progress toward attainment of the goals
established under subparagraph (E), including a
combination of the following, to the extent
applicable:
``(i) Multiple objective measures of
student achievement, including
assessments, classroom grades, and
other means of assessing student
performance.
``(ii) Attendance (including absences
related to illness and truancy) and
chronic absenteeism rates.
``(iii) Disciplinary actions against
students, including suspensions and
expulsions.
``(iv) Access to health care and
treatment of illnesses demonstrated to
impact academic achievement.
``(v) Performance in making progress
toward intervention services goals as
established by specialized
instructional support personnel.
``(vi) Participation rates by parents
and family members in school-sanctioned
activities and activities that occur as
a result of community and school
collaboration, as well as activities
intended to support adult education and
workforce development.
``(vii) Number and percentage of
students and family members provided
services under this part.
``(viii) Valid measures of
postsecondary education and career
readiness.
``(ix) Service-learning and community
service participation rates.
``(x) student satisfaction surveys.
``(G) Qualified services, including existing
and additional qualified services, to be
coordinated and provided by the eligible entity
and its partner entities, including an
explanation of--
``(i) why such services have been
selected;
``(ii) how such services will improve
student academic achievement; and
``(iii) how such services will
address performance goals established
under subparagraph (E).
``(H) Plans to ensure that each site has
full-time coordination of qualified services at
each full-service community school, including
coordination with existing specialized
instructional support personnel.
``(I) Planning, coordination, management, and
oversight of qualified services at each school
to be served, including the role of the school
principal, partner entities, parents, and
members of the community.
``(J) Funding sources for qualified services
to be coordinated and provided at each school
to be served, whether such funding is derived
from a grant under this section or from other
Federal, State, local, or private sources.
``(K) Plans for professional development for
personnel managing, coordinating, or delivering
qualified services at the schools to be served.
``(L) Plans for joint utilization and
maintenance of school facilities by the
eligible entity and its partner entities.
``(M) How the eligible entity and its partner
entities will focus services on schools
eligible for a schoolwide program under section
1114.
``(N) Plans for periodic evaluation based
upon attainment of the performance measures
described in subparagraph (F).
``(O) How the qualified services will meet
the principles of effectiveness described in
subsection (d).
``(5) A plan for sustaining the programs and services
outlined in this part.
``(d) Principles of Effectiveness.--For a program developed
pursuant to this section to meet principles of effectiveness,
such program shall be based upon--
``(1) an assessment of objective data regarding the
need for the establishment of a full-service community
school and qualified services at each school to be
served and in the community involved;
``(2) an established set of performance measures
aimed at ensuring the availability and effectiveness of
high-quality services; and
``(3) if appropriate, scientifically based research
that provides evidence that the qualified services
involved will help students meet State and local
student academic achievement standards.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(1)(A) will serve a minimum of 2 or more full-
service community schools eligible for a schoolwide
program under section 1114, as part of a community- or
district-wide strategy; or
``(B) include a local educational agency that
satisfies the requirements of--
``(i) subparagraph (A) or (B) of section
6211(b)(1); or
``(ii) subparagraphs (A) and (B) of section
6221(b)(1); and
``(2) will be connected to a consortium comprised of
a broad representation of stakeholders, or a consortium
demonstrating a history of effectiveness.
``(f) Grant Period.--Each grant awarded under this section
shall be for a period of 5 years and may be renewed at the
discretion of the Secretary based on the eligible entity's
demonstrated effectiveness in meeting the performance goals and
measures established under subparagraphs (E) and (F) of
subsection (c)(4).
``(g) Planning.--The Secretary may authorize an eligible
entity to use grant funds under this section for planning
purposes in an amount not greater than 10 percent of the total
grant amount.
``(h) Minimum Amount.--The Secretary may not award a grant to
an eligible entity under this section in an amount that is less
than $75,000 for each year of the 5-year grant period.
``(i) Definitions.--In this section--
``(1) the term `additional qualified services' means
qualified services directly funded under this part;
``(2) the term `eligible entity' means a consortium
of 1 or more local educational agencies and 1 or more
community-based organizations, nonprofit organizations,
or other public or private entities;
``(3) the term `existing qualified services' means
qualified services already being financed, as of the
time of the application, by Federal, State, local or
private sources, or volunteer activities being
supported as of such time by civic, business, faith-
based, social, and other similar organizations; and
``(4) the term `qualified services' means any of the
following:
``(A) Early childhood education.
``(B) Remedial education activities and
enrichment activities, including expanded
learning time.
``(C) Summer or after-school enrichment and
learning experiences.
``(D) Programs under the Head Start Act,
including Early Head Start programs.
``(E) Nurse home visitation services.
``(F) Teacher home visiting.
``(G) Programs that promote parental
involvement and family literacy, including the
Reading First and Early Reading First programs
authorized under part B of title I.
``(H) Mentoring and other youth development
programs, including peer mentoring and conflict
mediation.
``(I) Parent leadership development
activities.
``(J) Parenting education activities.
``(K) Child care services.
``(L) Community service and service-learning
opportunities.
``(M) Developmentally appropriate physical
education.
``(N) Programs that provide assistance to
students who have been truant, suspended, or
expelled.
``(O) Job training, internship opportunities,
and career counseling services.
``(P) Nutrition services.
``(Q) Primary health and dental care.
``(R) Mental health counseling services.
``(S) Adult education, including instruction
in English as a second language.
``(T) Juvenile crime prevention and
rehabilitation programs.
``(U) Specialized instructional support
services.
``(V) Homeless prevention services.
``(W) Other services consistent with this
part.
``SEC. 4305. STATE PROGRAMS.
``(a) Grants.--The Secretary may award grants to State
collaboratives to support the development of full-service
community school programs in accordance with this section.
``(b) Use of Funds.--Grants awarded under this section shall
be used only for the following:
``(1) Developing a State comprehensive results and
indicators framework to implement full-service
community schools, consistent with performance goals
described in section 4304(c)(4)(E).
``(2) Planning, coordinating, and expanding the
development of full-service community schools in the
State, particularly schools in high-poverty local
educational agencies, including high-poverty rural
local educational agencies.
``(3) Providing technical assistance and training for
full-service community schools, including professional
development for personnel and creation of data
collection and evaluation systems.
``(4) Collecting, evaluating, and reporting data
about the progress of full-service community schools.
``(5) Evaluating the impact of State and Federal
policies and guidelines on the ability of eligible
entities (as defined in section 4304(i)) to integrate
Federal and State programs at full-service community
schools, and taking action to make necessary changes.
``(c) Application.--To seek a grant under this section, a
State collaborative shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require. The Secretary shall require that each such application
include the following:
``(1) A memorandum of understanding among all
governmental agencies and nonprofit organizations that
will participate as members of the State collaborative.
``(2) A description of the expertise of each member
of the State collaborative--
``(A) in coordinating Federal and State
programs across multiple agencies;
``(B) in working with and developing the
capacity of full-service community schools; and
``(C) in working with high-poverty schools or
rural schools and local educational agencies.
``(3) A comprehensive plan describing how the grant
will be used to plan, coordinate, and expand the
delivery of services at full-service community schools.
``(4) A comprehensive accountability plan that will
be used to demonstrate effectiveness, including the
measurable performance goals of the program and
performance measures to monitor progress and assess
services' impact on students and families and academic
achievement.
``(5) An explanation of how the State collaborative
will work to ensure State policies and guidelines can
support the development of full-service community
schools, as well as provide technical assistance and
training, including professional development, for full-
service community schools.
``(6) An explanation of how the State will collect
and evaluate information on full-service community
schools.
``(d) Grant Period.--Each grant awarded under this section
shall be for a period of 5 years.
``(e) Minimum Amount.--The Secretary may not award a grant to
a State collaborative under this section in an amount that is
less than $500,000 for each year of the 5-year grant period.
``(f) Definitions.--For purposes of this section--
``(1) the term `State' includes the several States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands,
and any other territory or possession of the United
States; and
``(2) the term `State collaborative' means a
collaborative of a State educational agency and not
less than 2 other governmental agencies or nonprofit
organizations that provide services to children and
families.
``SEC. 4306. ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an advisory
committee to be known as the `Full-Service Community Schools
Advisory Committee' (in this section referred to as the
`Advisory Committee').
``(b) Duties.--Subject to subsection (c), the Advisory
Committee shall--
``(1) consult with the Secretary on the development
and implementation of programs under this part;
``(2) identify strategies to improve the coordination
of Federal programs in support of full-service
community schools; and
``(3) issue an annual report to the Congress on
efforts under this part, including a description of--
``(A) the results of local and national
evaluations of such efforts; and
``(B) the scope of services being coordinated
under this part.
``(c) Consultation.--In carrying out its duties under this
section, the Advisory Committee shall consult annually with
eligible entities awarded grants under section 4304, State
collaboratives awarded grants under section 4305, and other
entities with expertise in operating full-service community
schools.
``(d) Members.--The Advisory Committee shall consist of 5
members as follows:
``(1) The Secretary of Education (or the Secretary's
delegate).
``(2) The Attorney General of the United States (or
the Attorney General's delegate).
``(3) The Secretary of Agriculture (or the
Secretary's delegate).
``(4) The Secretary of Health and Human Services (or
the Secretary's delegate).
``(5) The Secretary of Labor (or the Secretary's
delegate).
``SEC. 4307. GENERAL PROVISIONS.
``(a) Technical Assistance.--The Secretary, directly or
through grants, shall provide such technical assistance as may
be appropriate to accomplish the purposes of this part.
``(b) Evaluations by Secretary.--The Secretary shall conduct
evaluations on the effectiveness of grants under sections 4304
and 4305 in achieving the purposes of this part.
``(c) Evaluations by Grantees.--The Secretary shall require
each recipient of a grant under this part--
``(1) to conduct periodic evaluations of the progress
achieved with the grant toward achieving the purposes
of this part;
``(2) to use such evaluations to refine and improve
activities conducted with the grant and the performance
measures for such activities; and
``(3) to make the results of such evaluations
publicly available, including by providing public
notice of such availability.
``(d) Construction Clause.--Nothing in this part 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) Supplement, Not Supplant.--Funds made available to a
grantee under this part may be used only 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.
``(f) Matching Funds.--
``(1) In general.--The Secretary shall require each
recipient of a grant under this part to provide
matching funds from non-Federal sources in an amount
determined under paragraph (2).
``(2) Determination of amount of match.--
``(A) Sliding scale.--Subject to subparagraph
(B), the Secretary shall determine the amount
of matching funds to be required of a grantee
under this subsection based on a sliding fee
scale that takes into account--
``(i) the relative poverty of the
population to be targeted by the
grantee; and
``(ii) the ability of the grantee to
obtain such matching funds.
``(B) Maximum amount.--The Secretary may not
require any grantee under this section to
provide matching funds in an amount that
exceeds the amount of the grant award.
``(3) In-kind contributions.--The Secretary shall
permit grantees under this section to match funds in
whole or in part with in-kind contributions.
``(4) Consideration.--Notwithstanding this
subsection, the Secretary shall not consider an
applicant's ability to match funds when determining
which applicants will receive grants under this part.
``(g) Special Rule.--Entities receiving funds under this part
shall comply with all existing Federal statutes that prohibit
discrimination.
``SEC. 4308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to
carry out this part such sums as may be necessary for each of
fiscal years 2016 through 2020.
``(b) Allocation.--Of the amounts appropriated to carry out
this part for each fiscal year--
``(1) 85 percent shall be for section 4304, and of
the funds allocated for new grants under such section,
at least 10 percent shall be made available for local
educational agencies that satisfy the requirements of--
``(A) subparagraph (A) or (B) of section
6211(b)(1); or
``(B) subparagraphs (A) and (B) of section
6221(b)(1);
``(2) 10 percent shall be for section 4305; and
``(3) 5 percent shall be for subsections (a) and (b)
of section 4307, of which not less than $500,000 shall
be for technical assistance under section 4307(a).
``Part D--General Provisions
``SEC. 4401. PROHIBITED USE OF FUNDS.
``No funds under this title may be used for--
``(1) the development, establishment, implementation,
or enforcement of zero-tolerance school discipline
policies unless otherwise required by Federal law; and
``(2) law enforcement agencies or local police
departments serving a school or local educational
agency--
``(A) with substantial documented excesses or
racial disparities in the use of exclusionary
discipline;
``(B) operating under an open school
desegregation order, whether court ordered or
voluntary;
``(C) operating under a pattern or practice
consent decree for civil rights violations; or
``(D) already receiving substantial Federal
funds for the placement of law enforcement in
schools.''.
TITLE V--WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES
Subtitle A--Public Charter Schools
SEC. 501. SUBPART HEADING; PURPOSE.
(a) Subpart Heading.--The heading for subpart 1 of part B of
title V (20 U.S.C. 7221 et seq.) is amended to read as follows:
``Charter School Program''.
(b) Purpose.--Section 5201 (20 U.S.C. 7221) is amended to
read as follows:
``SEC. 5201. PURPOSE.
``It is the purpose of this subpart to--
``(1) improve the United States education system and
education opportunities for all Americans by supporting
innovation in public education in public school
settings that prepare students to compete and
contribute to the global economy;
``(2) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
``(3) expand the number of high-quality charter
schools available to students across the Nation;
``(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public
schools;
``(5) encourage States to provide support to charter
schools for facilities financing in an amount more
nearly commensurate to the amount the States have
typically provided for traditional public schools;
``(6) improve student services to increase
opportunities for students with disabilities, English
learners, and other traditionally underserved students
to attend charter schools and meet challenging State
academic achievement standards;
``(7) support efforts to strengthen the charter
school authorizing process to improve performance
management, including transparency, oversight,
monitoring, and evaluation of such schools; and
``(8) support quality accountability and transparency
in the operational performance of all authorized public
chartering agencies, which include State educational
agencies, local educational agencies, and other
authorizing entities.''.
SEC. 502. PROGRAM AUTHORIZED.
Section 5202 (20 U.S.C. 7221a) is amended to read as follows:
``SEC. 5202. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to
carry out a charter school program that supports charter
schools that serve elementary school and secondary school
students by--
``(1) supporting the startup of charter schools, and
the replication and expansion of high-quality charter
schools;
``(2) assisting charter schools in accessing credit
to acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of
charter schools for all schools;
``(C) the evaluation of the impact of the
program on schools participating in the
program; and
``(D) stronger charter school authorizing.
``(b) Funding Allotment.--From the amount made available
under section 5211 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 5204;
``(2) reserve not more than 10 percent to carry out
national activities under section 5205; and
``(3) use the remaining amount after the Secretary
reserves funds under paragraphs (1) and (2) to carry
out section 5203.
``(c) Prior Grants and Subgrants.--The recipient of a grant
or subgrant under this subpart or subpart 2, as such subpart
was in effect on the day before the date of enactment of the
Student Success Act, shall continue to receive funds in
accordance with the terms and conditions of such grant or
subgrant.
``(d) GAO Report.--Not later than 3 years after the date of
enactment of the Student Success Act, the Comptroller General
of the United States shall submit a report to the Secretary and
Congress that--
``(1) examines whether the funds authorized to be
reserved by State entities for administrative costs
under section 5203(b)(1)(C) is appropriate; and
``(2) if determined not to be appropriate, makes
recommendations on the appropriate reservation of
funding for such administrative costs.''.
SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 5203 (20 U.S.C. 7221b) is amended to read as follows:
``SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
5202(b)(3), the Secretary shall award grants to State entities
having applications approved pursuant to subsection (f) to
enable such entities to--
``(1) award subgrants to eligible applicants for
opening and preparing to operate--
``(A) new charter schools;
``(B) replicated, high-quality charter school
models; or
``(C) expanded, high-quality charter schools;
and
``(2) provide technical assistance to eligible
applicants and authorized public chartering agencies in
carrying out the activities described in paragraph (1)
and work with authorized public chartering agencies in
the State to improve authorizing quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant
under this section shall--
``(A) use not less than 90 percent of the
grant funds to award subgrants to eligible
applicants, in accordance with the quality
charter school program described in the State
entity's application approved pursuant to
subsection (f), for the purposes described in
subparagraphs (A) through (C) of subsection
(a)(1);
``(B) reserve not less than 7 percent of such
funds to carry out the activities described in
subsection (a)(2); and
``(C) reserve not more than 3 percent of such
funds for administrative costs which may
include technical assistance.
``(2) Contracts and grants.--A State entity may use a
grant received under this section to carry out the
activities described in subparagraphs (A) and (B) of
paragraph (1) directly or through grants, contracts, or
cooperative agreements.
``(3) Rule of construction.--Nothing in this Act
shall prohibit the Secretary from awarding grants to
States that use a weighted lottery to give slightly
better chances for admission to all, or a subset of,
educationally disadvantaged students if--
``(A) the use of weighted lotteries in favor
of such students is not prohibited by State
law, and such State law is consistent with laws
described in section 5210(1)(G); and
``(B) such weighted lotteries are not used
for the purpose of creating schools exclusively
to serve a particular subset of students.
``(c) Program Periods; Peer Review; Grant Number and Amount;
Diversity of Projects; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the
Secretary to a State entity under this section
shall be for a period of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a
State entity under this section shall be for a
period of not more than 5 years, of which an
eligible applicant may use not more than 18
months for planning and program design.
``(2) Peer review.--The Secretary, and each State
entity receiving a grant under this section, shall use
a peer review process to review applications for
assistance under this section.
``(3) Grant awards.--The Secretary shall--
``(A) for each fiscal year for which funds
are appropriated under section 5211--
``(i) award not less than 3 grants
under this section;
``(ii) wholly fund each grant awarded
under this section, without making
continuation awards; and
``(iii) fully obligate the funds
appropriated for the purpose of
awarding grants under this section in
the fiscal year for which such grants
are awarded; and
``(B) prior to the start of the final year of
the grant period of each grant awarded under
this section to a State entity, review whether
the State entity is using the grant funds for
the agreed upon uses of funds and whether the
full amount of the grant will be needed for the
remainder of the grant period and may, as
determined necessary based on that review,
terminate or reduce the amount of the grant and
reallocate the remaining grant funds to other
State entities during the succeeding grant
competition under this section.
``(4) Diversity of projects.--Each State entity
receiving a grant under this section shall award
subgrants under this section in a manner that, to the
extent possible, ensures that such subgrants--
``(A) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
``(B) will assist charter schools
representing a variety of educational
approaches.
``(5) Waivers.--The Secretary may waive any statutory
or regulatory requirement over which the Secretary
exercises administrative authority except any such
requirement relating to the elements of a charter
school described in section 5210(1), if--
``(A) the waiver is requested in an approved
application under this section; and
``(B) the Secretary determines that granting
such a waiver will promote the purpose of this
subpart.
``(d) Limitations.--
``(1) Grants.--The Secretary shall not award a grant
to a State entity under this section in a case in which
such award would result in more than 1 grant awarded
under this section being carried out in a State at the
same time.
``(2) Subgrants.--An eligible applicant may not
receive more than 1 subgrant under this section per
individual charter school for a 5-year period, unless
the eligible applicant demonstrates to the State entity
not less than 3 years of improved educational results
in the areas described in subparagraphs (A) and (D) of
section 5210(8) for students enrolled in such charter
school.
``(e) Applications.--A State entity desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require. The application shall include the following:
``(1) Description of program.--A description of the
State entity's objectives under this section and how
the objectives of the program will be carried out,
including a description--
``(A) of how the State entity--
``(i) will support the opening of new
charter schools, replicated, high-
quality charter school models, or
expanded, high-quality charter schools,
and a description of the proposed
number of each type of charter school
or model, if applicable, to be opened
under the State entity's program;
``(ii) will inform eligible charter
schools, developers, and authorized
public chartering agencies of the
availability of funds under the
program;
``(iii) will work with eligible
applicants to ensure that the eligible
applicants access all Federal funds
that they are eligible to receive, and
help the charter schools supported by
the applicants and the students
attending the charter schools--
``(I) participate in the
Federal programs in which the
schools and students are
eligible to participate;
``(II) receive the
commensurate share of Federal
funds the schools and students
are eligible to receive under
such programs; and
``(III) meet the needs of
students served under such
programs, including student
with disabilities and English
learners;
``(iv) will have clear plans and
procedures to assist students enrolled
in a charter school that closes or
loses its charter to attend other high-
quality schools;
``(v) in the case in which the State
entity is not a State educational
agency--
``(I) will work with the
State educational agency and
the charter schools in the
State to maximize charter
school participation in Federal
and State programs for charter
schools; and
``(II) will work with the
State educational agency to
adequately operate the State
entity's program under this
section, where applicable;
``(vi) will ensure each eligible
applicant that receives a subgrant
under the State entity's program to
open and prepare to operate a new
charter school, a replicated, high-
quality charter school model, or an
expanded, high-quality charter school--
``(I) will ensure such school
or model meets the requirements
under section 5210(1); and
``(II) is prepared to
continue to operate such school
or model, in a manner
consistent with the eligible
applicant's application, after
the subgrant funds have
expired;
``(vii) will support charter schools
in local educational agencies with
large numbers of schools identified by
the State for improvement, including
supporting the use of charter schools
to improve, or in turning around,
struggling schools;
``(viii) will work with charter
schools to promote inclusion of all
students, including eliminating any
barriers to enrollment for foster youth
or unaccompanied homeless youth, and
support all students once they are
enrolled to promote retention including
through the use of fair disciplinary
practice;
``(ix) will work with charter schools
on recruitment practices, including
efforts to engage groups that may
otherwise have limited opportunities to
participate in charter schools, and to
ensure such schools do not have in
effect policies or procedures that may
create barriers to enrollment of
students, including educationally
disadvantaged students, and are in
compliance with all Federal and State
laws on enrollment practices;
``(x) will share best and promising
practices between charter schools and
other public schools, including, where
appropriate, instruction and
professional development in core
academic subjects, and science,
technology, engineering, and math
education, including computer science;
``(xi) will ensure the charter
schools receiving funds under the State
entity's program meet the educational
needs of their students, including
students with disabilities and English
learners;
``(xii) will support efforts to
increase quality initiatives, including
meeting the quality authorizing
elements described in paragraph (2)(E);
``(xiii) in the case of a State
entity not described in clause (xiv),
will provide oversight of authorizing
activity;
``(xiv) in the case of a State entity
defined in subsection (i)(4), will work
with the State to provide assistance to
and oversight of authorized public
chartering agencies for authorizing
activity described in clause (xiii);
and
``(xv) will work with eligible
applicants receiving a subgrant under
the State entity's program to support
the opening of charter schools or
charter school models described in
clause (i) that are secondary schools;
``(B) of the extent to which the State
entity--
``(i) is able to meet and carry out
the priorities listed in subsection
(f)(2); and
``(ii) is working to develop or
strengthen a cohesive statewide system
to support the opening of new charter
schools, replicated, high-quality
charter school models, or expanded,
high-quality charter schools;
``(C) of how the State entity will carry out
the subgrant competition, including--
``(i) a description of the
application each eligible applicant
desiring to receive a subgrant will
submit, including--
``(I) a description of the
roles and responsibilities of
eligible applicants, partner
organizations, and management
organizations, including the
administrative and contractual
roles and responsibilities;
``(II) a description of the
quality controls agreed to
between the eligible applicant
and the authorized public
chartering agency involved, as
described in section
1111(d)(1)(I);
``(III) a description of how
the eligible applicant will
solicit and consider input from
parents and other members of
the community on the
implementation and operation of
each charter school receiving
funds under the State entity's
program; and
``(IV) a description of the
planned activities and
expenditures for the subgrant
funds for purposes of opening
and preparing to operate a new
charter school, a replicated,
high-quality charter school
model, or an expanded, high-
quality charter school, and how
the school or model will
maintain financial
sustainability after the end of
the subgrant period; and
``(ii) a description of how the State
entity will review applications;
``(D) in the case of an entity that partners
with an outside organization to carry out the
State entity's quality charter school program,
in whole or in part, of the roles and
responsibilities of this partner;
``(E) of how the State entity will help the
charter schools receiving funds under the State
entity's program consider the transportation
needs of the schools' students; and
``(F) of how the State entity will support
diverse charter school models, including models
that serve rural communities.
``(2) Assurances.--Assurances, including a
description of how the assurances will be met, that--
``(A) each charter school receiving funds
under the State entity's program will have a
high degree of autonomy over budget and
operations;
``(B) the State entity will support charter
schools in meeting the educational needs of
their students as described in paragraph
(1)(A)(xi);
``(C) the State entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
State entity's program--
``(i) adequately monitors each
charter school in recruiting,
enrolling, and meeting the needs of all
students, including students with
disabilities and English learners; and
``(ii) ensures that each charter
school solicits and considers input
from parents and other members of the
community on the implementation and
operation of the school;
``(D) the State entity will provide adequate
technical assistance to eligible applicants
to--
``(i) meet the objectives described
in clauses (viii) and (ix) of paragraph
(1)(A) and paragraph (2)(B); and
``(ii) recruit, enroll, and retain
traditionally underserved students,
including students with disabilities
and English learners, at rates similar
to traditional public schools;
``(E) the State entity will promote quality
authorizing, such as through providing
technical assistance and supporting all
authorized public chartering agencies in the
State to improve the oversight of their charter
schools, including by--
``(i) assessing annual performance
data of the schools, including, as
appropriate, graduation rates, student
academic growth, and rates of student
attrition;
``(ii) reviewing the schools'
independent, annual audits of financial
statements conducted in accordance with
generally accepted accounting
principles, and ensuring any such
audits are publically reported; and
``(iii) holding charter schools
accountable to the academic, financial,
and operational quality controls agreed
to between the charter school and the
authorized public chartering agency
involved, such as through renewal, non-
renewal, or revocation of the school's
charter;
``(F) the State entity will work to ensure
that charter schools are included with the
traditional public schools in decision-making
about the public school system in the State;
and
``(G) The State entity will ensure that each
charter school in the State makes publicly
available, consistent with the dissemination
requirements of the annual State report card,
information to help parents make informed
decisions about the education options available
to their children, including information for
each school on--
``(i) the educational program;
``(ii) student support services;
``(iii) annual performance and
enrollment data, disaggregated by the
groups of students described in section
1111(c)(3)(A); and
``(iv) any other information the
State requires all other public schools
to report for purposes of section
1111(i)(1).
``(3) Requests for waivers.--A request and
justification for waivers of any Federal statutory or
regulatory provisions that the State entity believes
are necessary for the successful operation of the
charter schools that will receive funds under the State
entity's program under this section, and a description
of any State or local rules, generally applicable to
public schools, that will be waived, or otherwise not
apply to such schools or, in the case of a State entity
defined in subsection (i)(4), a description of how the
State entity will work with the State to request
necessary waivers where applicable.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award
grants to State entities under this section on the
basis of the quality of the applications submitted
under subsection (e), after taking into consideration--
``(A) the degree of flexibility afforded by
the State's public charter school law and how
the State entity will work to maximize the
flexibility provided to charter schools under
the law;
``(B) the ambitiousness of the State entity's
objectives for the quality charter school
program carried out under this section;
``(C) the quality of the strategy for
assessing achievement of those objectives;
``(D) the likelihood that the eligible
applicants receiving subgrants under the
program will meet those objectives and improve
educational results for students;
``(E) the State entity's plan to--
``(i) adequately monitor the eligible
applicants receiving subgrants under
the State entity's program;
``(ii) work with the authorized
public chartering agencies involved to
avoid duplication of work for the
charter schools and authorized public
chartering agencies; and
``(iii) provide adequate technical
assistance and support for--
``(I) the charter schools
receiving funds under the State
entity's program; and
``(II) quality authorizing
efforts in the State; and
``(F) the State entity's plan to solicit and
consider input from parents and other members
of the community on the implementation and
operation of the charter schools in the State.
``(2) Priority.--In awarding grants under this
section, the Secretary shall give priority to State
entities to the extent that they meet the following
criteria:
``(A) In the case of a State entity located
in a State that allows an entity other than a
local educational agency to be an authorized
public chartering agency, the State has a
quality authorized public chartering agency
that is an entity other than a local
educational agency.
``(B) The State entity is located in a State
that ensures equitable financing, as compared
to traditional public schools, for charter
schools and students in a prompt manner.
``(C) The State entity is located in a State
that uses charter schools and best practices
from charter schools to help improve struggling
schools and local educational agencies.
``(D) The State entity partners with an
organization that has a demonstrated record of
success in developing management organizations
to support the development of charter schools
in the State.
``(E) The State entity supports charter
schools that support at-risk students through
activities such as dropout prevention, dropout
recovery, or comprehensive career counseling
practices.
``(F) The State entity authorizes all charter
schools in the State to serve as school food
authorities.
``(G) The State entity has taken steps to
ensure that all authorizing public chartering
agencies implement quality standards as
described in section 1111(d)(1)(I).
``(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to carry out
activities related to opening and preparing to operate a new
charter school, a replicated, high-quality charter school
model, or an expanded, high-quality charter school, such as--
``(1) preparing teachers and school leaders,
including through professional development;
``(2) acquiring equipment, educational materials, and
supplies; and
``(3) necessary renovations and minor facilities
repairs (excluding construction).
``(h) Reporting Requirements.--Each State entity receiving a
grant under this section shall submit to the Secretary, at the
end of the third year of the 5-year grant period and at the end
of such grant period, a report on--
``(1) the number of students served by each subgrant
awarded under this section and, if applicable, how many
new students were served during each year of the
subgrant period;
``(2) the progress the State entity made toward
meeting the priorities described in subsection (f)(2),
as applicable;
``(3) how the State entity met the objectives of the
quality charter school program described in the State
entity's application under subsection (e), including
how the State entity met the objective of sharing best
and promising practices described in subsection
(e)(1)(A)(x) in areas such as instruction, professional
development, curricula development, and operations
between charter schools and other public schools, and
the extent to which, if known, such practices were
adopted and implemented by such other public schools;
``(4) how the State entity complied with, and ensured
that eligible applicants complied with, the assurances
described in the State entity's application;
``(5) how the State entity worked with authorized
public chartering agencies, including how the agencies
worked with the management company or leadership of the
schools that received subgrants under this section;
``(6) the number of subgrants awarded under this
section to carry out each of the following:
``(A) The opening of new charter schools.
``(B) The opening of replicated, high-quality
charter school models.
``(C) The opening of expanded, high-quality
charter schools; and
``(7) how the State entity has worked with charter
schools receiving funds under the State entity's
program to foster community involvement in the planning
for and opening of such schools.
``(i) State Entity Defined.--For purposes of this section,
the term `State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter school support organization.''.
SEC. 504. FACILITIES FINANCING ASSISTANCE.
Section 5204 (20 U.S.C. 7221c) is amended to read as follows:
``SEC. 5204. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under
section 5202(b)(1), the Secretary shall not use less
than 50 percent to award grants to eligible entities
that have the highest-quality applications approved
under subsection (d), after considering the diversity
of such applications, to demonstrate innovative methods
of assisting charter schools to address the cost of
acquiring, constructing, and renovating facilities by
enhancing the availability of loans or bond financing.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or
local governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in
subparagraphs (A) and (B).
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall determine
whether the application is sufficient to merit approval.
``(c) Grant Characteristics.--Grants under subsection (a)
shall be of a sufficient size, scope, and quality so as to
ensure an effective demonstration of an innovative means of
enhancing credit for the financing of charter school
acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--To receive a grant under
subsection (a), an eligible entity shall submit to the
Secretary an application in such form as the Secretary
may reasonably require.
``(2) Contents.--An application submitted under
paragraph (1) shall contain--
``(A) a statement identifying the activities
proposed to be undertaken with funds received
under subsection (a), including how the
eligible entity will determine which charter
schools will receive assistance, and how much
and what types of assistance charter schools
will receive;
``(B) a description of the involvement of
charter schools in the application's
development and the design of the proposed
activities;
``(C) a description of the eligible entity's
expertise in capital market financing;
``(D) a description of how the proposed
activities will leverage the maximum amount of
private-sector financing capital relative to
the amount of public funding used and otherwise
enhance credit available to charter schools,
including how the eligible entity will offer a
combination of rates and terms more favorable
than the rates and terms that a charter school
could receive without assistance from the
eligible entity under this section;
``(E) a description of how the eligible
entity possesses sufficient expertise in
education to evaluate the likelihood of success
of a charter school program for which
facilities financing is sought; and
``(F) in the case of an application submitted
by a State governmental entity, a description
of the actions that the entity has taken, or
will take, to ensure that charter schools
within the State receive the funding the
charter schools need to have adequate
facilities.
``(e) Charter School Objectives.--An eligible entity
receiving a grant under this section shall use the funds
deposited in the reserve account established under subsection
(f) to assist one or more charter schools to access private
sector capital to accomplish one or more of the following
objectives:
``(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
``(2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.
``(3) The predevelopment costs required to assess
sites for purposes of paragraph (1) or (2) and which
are necessary to commence or continue the operation of
a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e),
an eligible entity receiving a grant under subsection
(a) shall, in accordance with State and local law,
directly or indirectly, alone or in collaboration with
others, deposit the funds received under subsection (a)
(other than funds used for administrative costs in
accordance with subsection (g)) in a reserve account
established and maintained by the eligible entity for
this purpose. Amounts deposited in such account shall
be used by the eligible entity for one or more of the
following purposes:
``(A) Guaranteeing, insuring, and reinsuring
bonds, notes, evidences of debt, loans, and
interests therein, the proceeds of which are
used for an objective described in subsection
(e).
``(B) Guaranteeing and insuring leases of
personal and real property for an objective
described in subsection (e).
``(C) Facilitating financing by identifying
potential lending sources, encouraging private
lending, and other similar activities that
directly promote lending to, or for the benefit
of, charter schools.
``(D) Facilitating the issuance of bonds by
charter schools, or by other public entities
for the benefit of charter schools, by
providing technical, administrative, and other
appropriate assistance (including the
recruitment of bond counsel, underwriters, and
potential investors and the consolidation of
multiple charter school projects within a
single bond issue).
``(2) Investment.--Funds received under this section
and deposited in the reserve account established under
paragraph (1) shall be invested in obligations issued
or guaranteed by the United States or a State, or in
other similarly low-risk securities.
``(3) Reinvestment of earnings.--Any earnings on
funds received under subsection (a) shall be deposited
in the reserve account established under paragraph (1)
and used in accordance with such paragraph.
``(g) Limitation on Administrative Costs.--An eligible entity
may use not more than 2.5 percent of the funds received under
subsection (a) for the administrative costs of carrying out its
responsibilities under this section (excluding subsection (k)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a
grant under subsection (a) shall be maintained in
accordance with generally accepted accounting
principles and shall be subject to an annual audit by
an independent public accountant.
``(2) Reports.--
``(A) Grantee annual reports.--Each eligible
entity receiving a grant under subsection (a)
annually shall submit to the Secretary a report
of its operations and activities under this
section.
``(B) Contents.--Each annual report submitted
under subparagraph (A) shall include--
``(i) a copy of the most recent
financial statements, and any
accompanying opinion on such
statements, prepared by the independent
public accountant reviewing the
financial records of the eligible
entity;
``(ii) a copy of any report made on
an audit of the financial records of
the eligible entity that was conducted
under paragraph (1) during the
reporting period;
``(iii) an evaluation by the eligible
entity of the effectiveness of its use
of the Federal funds provided under
subsection (a) in leveraging private
funds;
``(iv) a listing and description of
the charter schools served during the
reporting period, including the amount
of funds used by each school, the type
of project facilitated by the grant,
and the type of assistance provided to
the charter schools;
``(v) a description of the activities
carried out by the eligible entity to
assist charter schools in meeting the
objectives set forth in subsection (e);
and
``(vi) a description of the
characteristics of lenders and other
financial institutions participating in
the activities undertaken by the
eligible entity under this section
(excluding subsection (k)) during the
reporting period.
``(C) Secretarial report.--The Secretary
shall review the reports submitted under
subparagraph (A) and shall provide a
comprehensive annual report to Congress on the
activities conducted under this section
(excluding subsection (k)).
``(i) No Full Faith and Credit for Grantee Obligation.--No
financial obligation of an eligible entity entered into
pursuant to this section (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall
collect--
``(A) all of the funds in a reserve account
established by an eligible entity under
subsection (f)(1) if the Secretary determines,
not earlier than 2 years after the date on
which the eligible entity first received funds
under this section (excluding subsection (k)),
that the eligible entity has failed to make
substantial progress in carrying out the
purposes described in subsection (f)(1); or
``(B) all or a portion of the funds in a
reserve account established by an eligible
entity under subsection (f)(1) if the Secretary
determines that the eligible entity has
permanently ceased to use all or a portion of
the funds in such account to accomplish any
purpose described in subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to
collect from any eligible entity any funds that are
being properly used to achieve one or more of the
purposes described in subsection (f)(1).
``(3) Procedures.--The provisions of sections 451,
452, and 458 of the General Education Provisions Act
(20 U.S.C. 124, 1234a, 1234g) shall apply to the
recovery of funds under paragraph (1).
``(4) Construction.--This subsection shall not be
construed to impair or affect the authority of the
Secretary to recover funds under part D of the General
Education Provisions Act (20 U.S.C. 1234 et seq.).
``(k) Per-pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid
program.--In this subsection, the term `per-pupil
facilities aid program' means a program in which a
State makes payments, on a per-pupil basis, to charter
schools to provide the schools with financing--
``(A) that is dedicated solely for funding
charter school facilities; or
``(B) a portion of which is dedicated for
funding charter school facilities.
``(2) Grants.--
``(A) In general.--From the amount under
section 5202(b)(1) remaining after the
Secretary makes grants under subsection (a),
the Secretary shall make grants, on a
competitive basis, to States to pay for the
Federal share of the cost of establishing or
enhancing, and administering per-pupil
facilities aid programs.
``(B) Period.--The Secretary shall award
grants under this subsection for periods of not
more than 5 years.
``(C) Federal share.--The Federal share of
the cost described in subparagraph (A) for a
per-pupil facilities aid program shall be not
more than--
``(i) 90 percent of the cost, for the
first fiscal year for which the program
receives assistance under this
subsection;
``(ii) 80 percent in the second such
year;
``(iii) 60 percent in the third such
year;
``(iv) 40 percent in the fourth such
year; and
``(v) 20 percent in the fifth such
year.
``(D) State share.--A State receiving a grant
under this subsection may partner with 1 or
more organizations to provide up to 50 percent
of the State share of the cost of establishing
or enhancing, and administering the per-pupil
facilities aid program.
``(E) Multiple grants.--A State may receive
more than 1 grant under this subsection, so
long as the amount of such funds provided to
charter schools increases with each successive
grant.
``(3) Use of funds.--
``(A) In general.--A State that receives a
grant under this subsection shall use the funds
made available through the grant to establish
or enhance, and administer, a per-pupil
facilities aid program for charter schools in
the State of the applicant.
``(B) Evaluations; technical assistance;
dissemination.--From the amount made available
to a State through a grant under this
subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out
evaluations, to provide technical assistance,
and to disseminate information.
``(C) Supplement, not supplant.--Funds made
available under this subsection shall be used
to supplement, and not supplant, State and
local public funds expended to provide per
pupil facilities aid programs, operations
financing programs, or other programs, for
charter schools.
``(4) Requirements.--
``(A) Voluntary participation.--No State may
be required to participate in a program carried
out under this subsection.
``(B) State law.--
``(i) In general.--Except as provided
in clause (ii), to be eligible to
receive a grant under this subsection,
a State shall establish or enhance, and
administer, a per-pupil facilities aid
program for charter schools in the
State, that--
``(I) is specified in State
law; and
``(II) provides annual
financing, on a per-pupil
basis, for charter school
facilities.
``(ii) Special rule.--Notwithstanding
clause (i), a State that is required
under State law to provide its charter
schools with access to adequate
facility space, but which does not have
a per-pupil facilities aid program for
charter schools specified in State law,
may be eligible to receive a grant
under this subsection if the State
agrees to use the funds to develop a
per-pupil facilities aid program
consistent with the requirements of
this subsection.
``(5) Applications.--To be eligible to receive a
grant under this subsection, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.''.
SEC. 505. NATIONAL ACTIVITIES.
Section 5205 (20 U.S.C. 7221d) is amended to read as follows:
``SEC. 5205. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
5202(b)(2), the Secretary shall--
``(1) use not less than 75 percent of such funds to
award grants in accordance with subsection (b); and
``(2) use not more than 25 percent of such funds to--
``(A) provide technical assistance to State
entities in awarding subgrants under section
5203, and eligible entities and States
receiving grants under section 5204;
``(B) disseminate best practices; and
``(C) evaluate the impact of the charter
school program, including the impact on student
achievement, carried out under this subpart.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants,
on a competitive basis, to eligible applicants for the
purpose of carrying out the activities described in
section 5202(a)(1), subparagraphs (A) through (C) of
section 5203(a)(1), and section 5203(g).
``(2) Terms and conditions.--Except as otherwise
provided in this subsection, grants awarded under this
subsection shall have the same terms and conditions as
grants awarded to State entities under section 5203.
``(3) Charter management organizations.--The
Secretary shall--
``(A) use not less than 75 percent of the
funds described in subsection (a)(1) to make
grants, on a competitive basis, to eligible
applicants described in paragraph (4)(B) except
that no eligible applicant, including any
applicant acting as lead fiscal agent if
applying in consortium for a grant under this
paragraph, may operate more than one active
grant at a time; and
``(B) notwithstanding paragraphs (1)(A) and
(2) of section 5203(f)--
``(i) award grants to eligible
applicants on the basis of the quality
of the applications submitted under
this subsection; and
``(ii) in awarding grants to eligible
applicants described in paragraph
(4)(B), take into consideration whether
such an eligible applicant--
``(I) demonstrates a high
proportion of high-quality
charter schools within the
network of the eligible
applicant;
``(II) demonstrates success
in serving students who are
educationally disadvantaged;
``(III) does not have a
significant proportion of
charter schools that have been
closed, had their charter
revoked for compliance issues,
or had their affiliation with
such eligible applicant
revoked;
``(IV) has sufficient
procedures in effect to ensure
timely closure of low-
performing or financially-
mismanaged charter schools and
clear plans and procedures in
effect for the students in such
schools to attend other high-
quality schools; and
``(V) demonstrates success in
working with schools identified
for improvement by the State.
``(4) Eligible applicant defined.--For purposes of
this subsection, the term `eligible applicant' means an
eligible applicant (as defined in section 5210) that--
``(A) desires to open a charter school in--
``(i) a State that did not apply for
a grant under section 5203; or
``(ii) a State that did not receive a
grant under section 5203; or
``(B) is a charter management organization.
``(c) Contracts and Grants.--The Secretary may carry out any
of the activities described in this section directly or through
grants, contracts, or cooperative agreements.''.
SEC. 506. RECORDS TRANSFER.
Section 5208 (20 U.S.C. 7221g) is amended--
(1) by inserting ``as quickly as possible and''
before ``to the extent practicable''; and
(2) by striking ``section 602'' and inserting
``section 602(14)''.
SEC. 507. DEFINITIONS.
Section 5210 (20 U.S.C. 7221i) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Charter school.--The term `charter school'
means a public school that--
``(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempt from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
``(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
``(C) operates in pursuit of a specific set
of educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
``(D) provides a program of elementary or
secondary education, or both;
``(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination
Act of 1975, title VI of the Civil Rights Act
of 1964, title IX of the Education Amendments
of 1972, section 504 of the Rehabilitation Act
of 1973, part B of the Individuals with
Disabilities Education Act, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and section 444 of the General Education
Provisions Act (20 U.S.C. 1232(g)) (commonly
known as the `Family Education Rights and
Privacy Act of 1974');
``(H) is a school to which parents choose to
send their children, and admits students on the
basis of a lottery if more students apply for
admission than can be accommodated, except that
in cases in which students who are enrolled in
a charter school affiliated (such as by sharing
a network) with another charter school, those
students may be automatically enrolled in the
next grade level at such other charter school,
so long as a lottery is used to fill seats
created through regular attrition in student
enrollment;
``(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary schools and secondary schools in the
State, unless such State audit requirements are
waived by the State;
``(J) meets all applicable Federal, State,
and local health and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school; and
``(M) may serve prekindergarten or
postsecondary students.'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (1), the following:
``(2) Charter management organization.--The term
`charter management organization' means a not-for-
profit organization that manages a network of charter
schools linked by centralized support, operations, and
oversight.
``(3) Charter school support organization.--The term
`charter school support organization' means a
nonprofit, nongovernmental entity that is not an
authorized public chartering agency, which provides on
a statewide basis--
``(A) assistance to developers during the
planning, program design, and initial
implementation of a charter school; and
``(B) technical assistance to charter schools
to operate such schools.'';
(4) in paragraph (5)(B), as so redesignated, by
striking ``under section 5203(d)(3)''; and
(5) by adding at the end the following:
``(7) Expanded, high-quality charter school.--The
term `expanded, high-quality charter school' means a
high-quality charter school that has either
significantly increased its enrollment or added one or
more grades to its school.
``(8) High-quality charter school.--The term `high-
quality charter school' means a charter school that--
``(A) shows evidence of strong academic
results, which may include strong academic
growth as determined by a State;
``(B) has no significant issues in the areas
of student safety, operational and financial
management, or statutory or regulatory
compliance;
``(C) has demonstrated success in
significantly increasing student academic
achievement, including graduation rates where
applicable, consistent with the requirements
under title I, for all students served by the
charter school; and
``(D) has demonstrated success in increasing
student academic achievement, including
graduation rates where applicable, for the
groups of students described in section
1111(b)(2)(C)(v)(II), except that such
demonstration is not required in a case in
which the number of students in a group is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student.
``(9) Replicated, high-quality charter school
model.--The term `replicated, high-quality charter
school model' means a high-quality charter school that
has opened a new campus under an existing charter or an
additional charter if required or permitted by State
law.''.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
Section 5211 (20 U.S.C. 7221j) is amended to read as follows:
``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $300,000,000 for fiscal year 2016 and each of the 5
succeeding fiscal years.''.
SEC. 509. CONFORMING AMENDMENTS.
(a) Repeal.--Subpart 2 of part B of title V (20 U.S.C. 7223
et seq.) is repealed.
(b) Table of Contents.--The table of contents in section 2 is
amended--
(1) by striking the item relating to subpart 1 of
part B of title V and inserting the following:
``Subpart 1--Charter School Program'';
(2) by striking the item relating to section 5203 and
inserting the following:
``Sec. 5203. Grants to support high-quality charter schools.'';
(3) by striking the item relating to section 5204 and
inserting the following:
``Sec. 5204. Facilities financing assistance.''; and
(4) by striking the items relating to subpart 2 of
part B of title V.
Subtitle B--Magnet Schools
SEC. 510. DURATION OF AWARD; ACCOUNTABILITY.
Section 5309 (20 U.S.C. 7231h) is amended--
(1) in the heading by inserting ``; ACCOUNTABILITY'';
(2) in subsection (a), by striking ``3'' and
inserting ``5''; and
(3) by adding at the end the following:
``(e) Accountability.--The Secretary may reduce grant funding
awarded to a local educational agency, or a consortium of such
agencies, under this part if the agency or consortium does not
show progress in the elimination, reduction, or prevention of
minority group isolation in its magnet school program over the
first 3-year period during which the agency or consortium was
awarded such grant.''.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
Section 5311(a) (20 U.S.C. 7231j(a)) is amended by striking
``$125,000,000 for fiscal year 2002'' and inserting
``$300,000,000 for fiscal year 2016''.
Subtitle C--Fund for the Improvement of Education
SEC. 512. FUND FOR THE IMPROVEMENT OF EDUCATION.
(a) In General.--Part D of title V (20 U.S.C. 7241 et seq.)
is amended to read as follows:
``Part D--A Well-rounded Education
``Subpart 1--Grants to Support STEM Education
``SEC. 5401. PURPOSE.
``The purpose of this subpart is to improve student academic
achievement in STEM subjects by--
``(1) improving instruction in such subjects from
preschool through grade 12;
``(2) improving student engagement in, and increasing
student access to, courses in such subjects;
``(3) improving the quality and effectiveness of
classroom instruction by recruiting, training, and
supporting effective teachers and providing robust
tools and supports for students and teachers in such
subjects;
``(4) implementing and integrating college and career
ready standards, described in section 1111(b)(2), in
STEM subjects and assessments aligned with those
standards;
``(5) closing student achievement gaps, and preparing
more students for postsecondary education and careers,
in such subjects, particularly students who are
traditionally underrepresented in STEM subject fields;
and
``(6) Recognizing that STEM subjects are diverse and
that STEM education programs must expose students to
content and skills in a host of constantly changing and
evolving content areas.
``SEC. 5402. GRANTS; ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amounts appropriated
under section 5410 for a fiscal year, the Secretary
shall reserve--
``(A) $35,000,000 for a STEM Master Teachers
Corps program under section 5405;
``(B) 3 percent to carry out activities
described in section 5405 and technical
assistance to States, including technical
assistance with implementation of programs
consistent with the purpose of this subpart;
and
``(C) if funds are not awarded by formula, as
described in subsection (c)(1), 5 percent for
State capacity-building grants in accordance
with paragraph (2).
``(2) Capacity-building grants.--
``(A) In general.--In any year for which
funding is distributed competitively, as
described in subsection (b)(1), the Secretary
may award 1 capacity-building grant to each
eligible entity that does not receive a grant
under subsection (b), on a competitive basis,
to enable such States to become more
competitive in future years.
``(B) Duration.--Grants awarded under
subparagraph (A) shall be for a period of 1
year.
``(b) Competitive Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this subpart is less
than $250,000,000, the Secretary shall award grants, on
a competitive basis, to eligible entities to enable
such eligible entities to carry out the activities
described in this subpart.
``(2) Duration.--Grants awarded under this subsection
shall be for a period of not more than 3 years.
``(3) Renewal.--
``(A) In general.--If an eligible entity
demonstrates progress, as measured by the
metrics reported in section 5406(a)(5), the
Secretary may renew a grant for an additional
2-year period.
``(B) Reduced funding.--Grant funds awarded
under subparagraph (A) shall be awarded at a
reduced amount.
``(c) Formula Grants.--
``(1) In general.--For each fiscal year for which the
amount appropriated to carry out this subpart is equal
to or more than $250,000,000, the Secretary shall award
grants to States, based on the formula described in
paragraph (2).
``(2) Distribution of funds.--The Secretary shall
allot to each State--
``(A) an amount that bears the same
relationship to 35 percent of the excess amount
as the number of individuals ages 5 through 17
in the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined; and
``(B) an amount that bears the same
relationship to 65 percent of the excess amount
as the number of individuals ages 5 through 17
from families with incomes below the poverty
line, in the State, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined.
``(3) Funding minimum.--No State receiving an
allotment under this subsection may receive less than
one-half of 1 percent of the total amount allotted
under paragraph (1) for a fiscal year.
``(4) Reallotment of unused funds.--If a State does
not successfully apply for or receive an allotment
under this subsection for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to
the remaining States in accordance with this
subsection.
``SEC. 5403. APPLICATIONS.
``(a) In General.--Each eligible entity desiring a grant
under this subpart, whether through a competitive grant under
section 5402(b) or through an allotment under section 5402(c),
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
``(b) Contents.--At a minimum, an application submitted under
subsection (a) shall include the following:
``(1) A description of how grant funds will be used
by the eligible entity.
``(2) A description of how the eligible entity has
involved a variety of stakeholders in the development
of the application and a description of how the State
or eligible entity will continue to involve
stakeholders in any education reform efforts related to
STEM subject instruction.
``(3) A description of the steps the eligible entity
will take to ensure that programs implemented by the
subgrantees use evidence-based strategies, ensure high-
quality curricula, and provide high-quality
professional development.
``(4) An assurance that the eligible entity, in
making awards under section 5404(c), will give priority
to subgrantees that--
``(A) propose to serve students in schools in
need of support and persistently low achieving
schools; or
``(B) propose to serve schools with a high
percentage or number of students that are
eligible for free or reduced price lunch under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.).
``(5) A description of how the eligible entity's
activities and subgrants will be coordinated with other
Federal, State, and local programs and activities,
including career and technical education programs
authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.).
``(6) A review of the industry and business workforce
needs in the State in jobs that require knowledge or
training in STEM subject areas and a description of how
that review will inform efforts to improve education in
STEM subjects.
``(7) A description of how the eligible entity will
allocate funds in a manner that will provide services
to both elementary schools and secondary schools.
``(8) A description of the technical assistance that
the eligible entity will provide to subgrantees to
support the activities undertaken by the subgrantees,
including--
``(A) activities to employ multi-tiered
systems of support to provide early intervening
services and to increase student achievement in
STEM subjects;
``(B) activities to ensure increased access
for students who are traditionally
underrepresented in STEM subject fields
(including female students, minority students,
students who are limited English proficient,
students who are children with disabilities,
and students from low-income families) to high-
quality courses and other learning experiences;
``(C) implementing evidence-based programs of
instruction based on college and career ready
standards and high-quality assessments in the
identified subjects; and
``(D) developing curricula consistent with
the principles of universal design for learning
as defined in section 103 of the Higher
Education Act of 1965.
``(9) A description of the key data metrics that will
be used and reported annually under section 5406(a)(5),
that shall include--
``(A) student academic achievement on
mathematics and science State academic
assessments and student growth; and
``(B) for diploma granting schools,
graduation rates.
``(10) Assurances that the eligible entity will
monitor implementation of approved subgrantee plans.
``SEC. 5404. AUTHORIZED ACTIVITIES.
``(a) Required Activities.--Each eligible entity that
receives a grant under this subpart shall use not more than 5
percent of the grant funds to carry out each of the following
activities:
``(1) Providing technical assistance to subgrantees
as described in section 5403(b)(7) and technical
assistance to subgrantees that are prioritized in
section 5404(d), including subgrantees that serve low-
capacity rural and urban areas by--
``(A) informing those subgrantees that they
have a priority for competing for grants under
section 5404(b); and
``(B) providing subgrantees who do not
receive a grant under section 5404(c) technical
assistance so that they may re-compete in
following competitions.
``(2) Identifying and supporting high-quality
professional development and other comprehensive
systems of support for teachers and school leaders to
promote high-quality instruction and instructional
leadership in the identified subjects, aligned to
college and career ready standards where applicable.
``(3) Disseminating information, including making
publicly available on the websites of the State
educational agency, on promising practices to improve
student achievement in STEM subject areas.
``(b) Permissible Activities.--Each eligible entity that
receives a grant under this subpart may use the grant funds to
carry out 1 or more of the following activities:
``(1) Recruiting qualified teachers and instructional
leaders who are trained in identified subjects,
including teachers who have transitioned into the
teaching profession from a career in a STEM field.
``(2) Providing induction and mentoring services to
new teachers in identified subjects.
``(3) Developing instructional supports, such as
curricula and assessments, which shall be evidence-
based and aligned with State academic standards and may
include online education.
``(4) Training personnel of subgrantees to use data
systems to continuously improve student achievement in
STEM subjects and use the data to better target
curriculum and instruction to meet the needs of each
student.
``(c) Subgrants.--
``(1) In general.--Each eligible entity that receives
a grant under this subpart shall award subgrants, on a
competitive basis, to eligible subgrantees.
``(2) Minimum subgrant.--An eligible entity shall
award subgrants under this subsection that are of
sufficient size and scope to support high-quality,
evidence-based, effective programs that are consistent
with the purpose of this subpart.
``(3) Subgrantee application.--Each subgrantee
desiring a subgrant under this subsection shall submit
an application to the eligible entity at such time, in
such manner, and accompanied by such information as the
eligible entity may require, including, at a minimum:
``(A) A description of the needs identified
by the subgrantee, based on a needs assessment
which shall include--
``(i) data for elementary school and
secondary school grades, as applicable
and to the extent that such data are
available, on--
``(I) student achievement in
science and mathematics,
including such data collected
in accordance with the State
academic assessments;
``(II) science and
mathematics teacher evaluation
results or ratings;
``(III) student access to
mathematics and science courses
needed to enroll in credit-
bearing coursework at
institutions of higher
education in the State;
``(IV) access to science and
mathematics courses for student
prekindergarten through grade
12 attending schools
prioritized under section
5404(d);
``(V) the percentage of
students successfully--
``(aa) completing
Advanced Placement (AP)
or International
Baccalaureate (IB)
courses in science and
mathematics subjects;
or
``(bb) completing
rigorous postsecondary
education courses in
science and mathematics
subjects;
``(VI) rates of college
remediation in mathematics; and
``(VII) teacher shortages and
teacher distribution among the
local educational agencies and
schools served by the
subgrantee in science and
mathematics subjects; and
``(ii) an analysis of the
implementation of any multi-tiered
systems of support that have been
employed by the local educational
agency served by the subgrantee to
address the learning needs of students
in any STEM subjects.
``(B) A description of the activities that
the subgrantee will carry out based on the
findings of the needs assessment described in
subparagraph (A), and how such activities will
improve teaching and student academic
achievement in the identified subjects, in a
manner consistent with evidence-based research.
``(C) A description of how the subgrantee
will use funds provided under this subsection
to serve students and teachers in schools
prioritized under section 5404(d).
``(D) A description of how funds provided
under this subsection will be coordinated with
other Federal, State, and local programs and
activities, including career and technical
education programs authorized under the Carl D.
Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.).
``(E) If the subgrantee is working with
outside partners, a description of how such
outside partners will be involved in improving
instruction and increasing access to high-
quality learning experiences in the identified
subjects.
``(4) Subgrantee use of funds.--
``(A) Required use of funds.--Each subgrantee
that receives a subgrant under this subsection
shall use the subgrant funds to carry out
activities for students from preschool through
grade 12, consistent with the analysis and the
activities described in the subgrantee's
application, which shall include--
``(i) high-quality teacher and
instructional leader recruitment,
support, evaluation, and professional
development in the identified subjects;
``(ii) professional development,
which may include development and
support for instructional coaches, to
enable teachers and instructional
leaders to increase student achievement
in identified subjects, through--
``(I) implementation of
classroom assessments; and
``(II) differentiation of
instruction in identified
subjects for all students,
including for students with
disabilities and students who
are English learners;
``(iii) activities to--
``(I) improve the content
knowledge of teachers; and
``(II) facilitate
professional collaboration,
which may include providing
time for such collaborations;
``(iv) training to principals and
teachers in implementing STEM subject
initiatives, particularly in the areas
of--
``(I) utilizing data;
``(II) assessing the quality
of STEM subject instruction;
and
``(III) providing time and
support for teachers to plan
STEM subject instruction;
``(v) the development, adoption, and
improvement of high-quality curricula,
assessments, materials, and
instructional supports that--
``(I) are aligned with State
academic standards; and
``(II) the subgrantee will
use to improve student academic
achievement in identified
subjects; and
``(vi) the development or
improvement, and implementation, of
multi-tiered systems of support to
provide early intervening services and
to increase student achievement in 1 or
more of the identified subjects.
``(B) Permissible use of funds.--In addition
to the required activities described in
subparagraph (A), each subgrantee that receives
a subgrant under this subsection, may also use
the subgrant funds to--
``(i) support the participation of
low-income students in nonprofit
competitions and out-of-school
activities related to STEM (such as
robotics, science research, invention,
mathematics, and technology
competitions), including--
``(I) the purchase of parts
and supplies needed to
participate in such
competitions;
``(II) incentives and
stipends for teachers and
instructional leaders who are
involved in assisting students
and preparing students for such
competitions, if such
activities fall outside the
regular duties and
responsibilities of such
teachers and instructional
leaders; and
``(III) paying expenses
associated with the
participation of low-income
students in such local,
regional, or national
competitions;
``(ii) improve the laboratories of
schools served by the subgrantee and
provide instrumentation as part of a
comprehensive program to enhance the
quality of STEM instruction,
including--
``(I) purchase, rental, or
leasing of equipment,
instrumentation, and other
scientific educational
materials;
``(II) maintenance,
renovation, and improvement of
laboratory facilities;
``(III) professional
development and training for
teachers;
``(IV) development of
instructional programs designed
to integrate the laboratory
experience with classroom
instruction and to be
consistent with college and
career ready content standards
in STEM subjects;
``(V) training in laboratory
safety for school personnel;
``(VI) design and
implementation of hands-on
laboratory experiences to
encourage the interest of
students, especially students
who are traditionally
underrepresented in STEM
subject fields (including
female students, minority
students, students who are
limited English proficient,
students who are children with
disabilities, and students from
low-income families) in STEM
subjects and help prepare such
students to pursue
postsecondary studies in these
fields; and
``(VII) assessment of the
activities funded under this
subparagraph;
``(iii) broaden secondary school
students' access to, and interest in,
careers that require academic
preparation in 1 or more identified
subjects;
``(iv) integrate instruction in the
identified subjects with instruction in
reading, English language arts, or
other core and noncore academic
subjects;
``(v) develop and implement a STEAM
curriculum, which means the integration
of instruction in the identified
subjects with instruction in the arts
and design; or
``(vi) establish or access online or
distance learning programs for STEM
subject teachers using evidence-based
curricula.
``(C) Limitation.--Each subgrantee that
receives a subgrant under this subsection shall
not expend more than 15 percent of the subgrant
funds on the activities described in
subparagraph (B).
``(D) Matching funds.--
``(i) In general.--A State or
eligible entity may require an eligible
subgrantee receiving a subgrant under
this subsection to demonstrate that
such subgrantee has obtained a
commitment from 1 or more outside
partners to match, using non-Federal
funds, a portion of the amount of
subgrant funds, in an amount determined
by the State or eligible entity.
``(ii) Required minimum.--
Notwithstanding clause (i), if an
eligible subgrantee partners with an
outside partner that is a for-profit
entity, such subgrantee shall obtain
matching funds from the outside partner
in an amount equal to not less than 15
percent of the amount of the subgrant.
``(d) Priority.--In awarding grants under this subpart, an
eligible entity shall give priority to subgrantees proposing to
target services to--
``(1) students in schools in need of support and
high-priority schools; or
``(2) schools with a high percentage of students that
are eligible for free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
``SEC. 5405. NATIONAL COORDINATION.
``From the amount reserved under section 5402(a)(1)(B), the
Secretary shall consult with the Director of the National
Science Foundation and other Federal agencies conducting STEM
education programs to enhance such programs and to improve
coordination across agencies, such as--
``(1) clarifying the appropriate roles for the
Department of Education and the National Science
Foundation in the execution of summer workshops,
institutes, or partnerships to improve STEM education
in elementary and secondary schools; or
``(2) integrating afterschool, out-of-school, and
informal education efforts conducted across Federal
agencies into strategies for enhancing and improving
STEM education.
``SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM.
``(a) Grants Authorized.--From the funds reserved under
section 5402(a)(1)(A), the Secretary shall award 1 or more
grants, on a competitive basis, to entities described in
subsection (b)(1) to enable such entities to establish and
operate a one-time STEM master teacher corps program.
``(b) Stem Master Teacher Corps.--The term `STEM master
teacher corps' (referred to in this section as the `corps')
means a one-time program--
``(1) that establishes the viability of creating a
long-term national-level master teacher corps as a
means to recognize and reward accomplished STEM
educators;
``(2) operated by 1 or more State educational
agencies, or a consortium of local educational
agencies, acting in partnership with 1 or more outside
partners that have a demonstrated record of success in
improving the effectiveness of STEM teachers or
increasing the retention of such teachers;
``(3) that selects a group of highly rated teachers
(through a process, and for a duration, determined by
the entity described in paragraph (1)), as members of
the corps, that constitutes not less than 5 percent and
not more than 10 percent of elementary school, middle
school, and high school teachers who teach STEM
subjects and who--
``(A) teach in a participating high-need
school in the region served by the entity
described in paragraph (1); or
``(B) agree to teach in a participating high-
need school in the region served by the entity
described in paragraph (1) if accepted as a
member of the corps; and
``(4) that aims to attract, improve, and retain
teachers who teach STEM subjects and to increase
student achievement in such subjects, including by--
``(A) providing instructional leadership
responsibilities for corps members in their
schools, local educational agencies, or States,
such as mentoring beginning STEM teachers and
leading professional development activities for
teachers not participating in the corps;
``(B) providing corps members with research-
based professional development on instructional
leadership and effective teaching methods for
STEM subjects, including coordinating with out-
of-school-time and afterschool programs to
provide engaging STEM programs;
``(C) providing each teacher who is a corps
member with a salary supplement of not less
than $10,000 per year, in recognition of such
teacher's teaching accomplishments, leadership,
and increased responsibilities, for each year
such teacher serves as a member of the corps;
and
``(D) building a community of practice among
corps members to enable such members to
network, collaborate, and to share best
practices and resources with each other.
``(c) Duration.--Grants awarded under this section shall be
for a period of not more than 3 years, after which the program
under this subsection shall end.
``(d) Application.--Each entity described in subsection
(b)(1) desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(e) Matching Funds.--The Secretary may require a grantee
under this section to provide non-Federal matching funds in an
amount equal to the amount of grant funds awarded under this
section.
``SEC. 5407. REPORTING REQUIREMENTS.
``(a) Eligible Entity Reports.--Each State educational agency
receiving an award under section 5403 shall report annually to
the Secretary regarding the State educational agency's progress
in addressing the purposes of this subpart. Such report shall
include, at a minimum, a description of--
``(1) the professional development activities
provided under the award, including types of activities
and entities involved in providing professional
development to classroom teachers and other program
staff;
``(2) the types of programs and, for children from
preschool to kindergarten entry, program settings,
funded under the award;
``(3) the ages and demographic information that is
not individually identifiable of children served by the
programs funded under the award;
``(4) student performance on data metrics identified
under section 5403(b)(8) used for STEM initiatives; and
``(5) the outcomes of programs and activities
provided under the award.
``(b) Eligible Subgrantee Reports.--Each eligible entity
receiving a subgrant under section 5404(c) shall report
annually to the State educational agency regarding the eligible
entity's progress in addressing the purposes of this subpart.
Such report shall include, at a minimum, a description of--
``(1) how the subgrant funds were used; and
``(2) student performance on relevant program
metrics, as identified in the State education agency's
implementation plan under section 5403(b)(8).
``SEC. 5408. SUPPLEMENT NOT SUPPLANT.
``Funds received under this subpart shall be used to
supplement, and not supplant, funds that would otherwise be
used for activities authorized under this subpart.
``SEC. 5409. MAINTENANCE OF EFFORT.
``A State that receives funds under this subpart for a fiscal
year shall maintain the fiscal effort provided by the State for
the subjects supported by the funds under this subpart at a
level equal to or greater than the level of such fiscal effort
for the preceding fiscal year.
``SEC. 5410. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity'
means a State educational agency in partnership with--
``(A) another State educational agency;
``(B) a consortium of State educational
agencies; or
``(C) the State agencies that oversee
childcare programs, state-funded
prekindergarten, and part C of Individuals with
Disabilities Education Act.
``(2) Eligible subgrantee.--The term `eligible
subgrantee' means--
``(A) a local educational agency;
``(B) 1 or more local educational agencies
providing early learning programs, or 1 or more
public or private early learning programs,
serving children from preschool through
kindergarten entry, such as a Head Start
agency, a child care program, or a State-funded
pre-kindergarten program, as appropriate;
``(C) an educational service agency serving
more than 1 local educational agency;
``(D) a national intermediary with
demonstrated expertise in STEM;
``(E) a consortium of local educational
agencies; or
``(F) any of the entities described in
subparagraphs (A) through (D) working in
partnership with an outside partner.
``(3) Multi-tiered system of support.--The term
`multi-tiered system of support' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessments, research-
based interventions matched to student needs and
educational decisionmaking using student outcome data.
``(4) Outside partner.--The term `outside partner'
means an entity that has expertise and a demonstrated
record of success in improving student learning and
engagement in the STEM subjects, including any of the
following:
``(A) A nonprofit or community-based
organization, such as an Indian tribe.
``(B) A business.
``(C) A nonprofit cultural organization, such
as a museum or learning center.
``(D) An institution of higher education.
``(E) An educational service agency.
``(F) Another appropriate entity.
``(5) STEM subjects.--The term `STEM Subjects' means
the subjects of science, technology, engineering, and
mathematics, including other academic subjects that
build on or are integrated with these subjects, such as
statistics, computer science, and environmental
literacy, the arts and design, or other subjects a
State identifies as important to the workforce of the
State.
``SEC. 5411. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2016 and such sums as may
be necessary for subsequent fiscal years.
``Subpart 2--Grants to Support Comprehensive Literacy Education
``SEC. 5421. PURPOSES.
``The purposes of this subpart are--
``(1) to improve student literacy and academic
achievement, including the ability to problem solve,
communicate effectively, and acquire new knowledge and
skills;
``(2) to assist State educational agencies and local
educational agencies in the development, coordination,
and implementation of comprehensive literacy plans that
promote high-quality evidence based instruction in
alignment with State early learning and college- and
career-ready standards from preschool through grade 12;
``(3) to identify and support students reading and
writing significantly below grade level by providing
evidence-based, intensive interventions to help the
students acquire the language and literacy skills the
students need to stay on track for graduation;
``(4) to support State educational agencies and local
educational agencies in improving reading, writing, and
literacy-based academic achievement for children and
students, especially children and students who are low-
income, are English learners, are migratory, are
children with disabilities, are Indian or Alaskan
Native, are neglected or delinquent, are homeless, are
in the custody of the child welfare system, or have
dropped out of school;
``(5) to provide assistance to local educational
agencies in order to provide educators with ongoing,
job-embedded professional development and other support
focusing on imparting and employing--
``(A) the characteristics of effective
language and literacy instruction;
``(B) the special knowledge and skills
necessary to teach and support literacy
development effectively across the
developmental span and age span;
``(C) the essential components of reading
instruction; and
``(D) the essential components of writing
instruction;
``(6) to evaluate whether the professional
development activities and approaches are effective in
building knowledge and skills of educators and their
use of appropriate and effective practices.
``(7) to support State educational agencies and local
educational agencies in using age appropriate and
developmentally appropriate instructional materials and
strategies that assist teachers as the teachers work
with students to develop reading and writing
competencies appropriate to the students' grade and
skill levels;
``(8) to support efforts to link and align college
and career-ready standards and evidence-based teaching
practices and instruction in early childhood education
programs serving children from preschool through
kindergarten entry;
``(9) strengthening coordination among schools, early
literacy programs, family literacy programs, juvenile
justice programs, public libraries, and outside-of-
school programs that provide children and youth with
strategies, curricula, interventions, and assessments
designed to advance early and continuing language and
literacy development in ways appropriate for each
context; and
``(10) to engage the participation of parents in
supporting their child's communication and literacy
development.
``SEC. 5422. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized--
``(1) to award State planning grants in accordance
with section 5423; and
``(2) to award State implementation grants in
accordance with section 5424 to enable the State
educational agency to--
``(A) carry out the State activities
described in section 5425;
``(B) award subgrants to eligible entities in
accordance with section 5426; and
``(C) award subgrants to eligible entities in
accordance with section 5427.
``(b) Awards to State Educational Agencies.--
``(1) Amounts less than $250,000,000.--If the amount
appropriated under section 5430 for a fiscal year is
less than $250,000,000, then the Secretary shall--
``(A) reserve not more than 5 percent to
award planning grants, on a competitive basis,
to State educational agencies, in accordance
with section 5423; and
``(B) use the amount not reserved under
subparagraphs (A) to make awards, on a
competitive basis, to State educational
agencies serving States that have applications
approved under section 5424(b) to enable the
State educational agencies to carry out
sections 5424 and 5425.
``(2) Amounts equal to or exceeding $250,000,000.--
``(A) In general.--If the amount appropriated
under section 5430 for a fiscal year equals or
exceeds $250,000,000, then the Secretary
shall--
``(i) reserve a total of 1 percent of
such amount for--
``(I) allotments for the
United States Virgin Islands,
Guam, American Samoa, and the
Commonwealth of the Northern
Mariana Islands, to be
distributed among such outlying
areas on the basis of their
relative need, as determined by
the Secretary in accordance
with the purposes of this
subpart; and
``(II) the Secretary of the
Interior for programs under
sections 5423, 5424, 5425,
5426, and 5427 in schools
operated or funded by the
Bureau of Indian Education;
``(ii) reserve not more than 5
percent to award planning grants, to
State educational agencies serving
States, in accordance with section
5423;
``(iii) reserve not more than 3
percent for national activities, such
as evaluations, training, and technical
assistance, to the Department of
Education to support comprehensive
literacy reform at the State level; and
``(iv) use the amount not reserved
under clauses (i), and (ii) to make
awards, from allotments under
subparagraph (C), to State educational
agencies serving States that have
applications approved under section
5424 and that are not receiving an
allotment under clause (i)(I), to
enable the State educational agencies
to carry out sections 5424 and 5425.
``(B) Special rules.--
``(i) Proportional division.--In each
fiscal year, the amount reserved under
subparagraph (A)(i) shall be divided
between the uses described in
subclauses (I) and (II) of subparagraph
(A)(i) in the same proportion as the
amount reserved under section 1121(a)
is divided between the uses described
in paragraphs (1) and (2) of such
section for such fiscal year.
``(ii) Consultation.--A State
educational agency that receives an
allotment under this paragraph shall
engage in timely and meaningful
consultation with representatives of
Indian tribes located in the State in
order to improve the coordination and
quality of activities designed to
develop effective approaches to achieve
the purposes of this subpart consistent
with the cultural, language, and
educational needs of Indian students.
``(C) State allotment formula.--The Secretary
shall allot the amount made available under
subparagraph (A)(iv) for a fiscal year among
the States not receiving an allotment from the
reservation under subparagraph (A)(i)(I) in
proportion to the number of children, from
preschool through age 17, who reside within the
State and are from families with incomes below
the poverty line for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such children who
reside in all such States for that fiscal year.
``(3) Minimum award amount.--Notwithstanding
paragraphs (1) and (2), no State educational agency
receiving an award under this section for a fiscal year
may receive less than one-fourth of 1 percent of the
total amount appropriated under section 5430 for the
fiscal year, except as provided under paragraph
(2)(A)(i).
``(c) Peer Review.--The Secretary shall convene a peer review
panel to evaluate the application for each grant awarded to a
State educational agency under sections 5423 and 5424 and shall
make a copy of the peer review comments available to the
public.
``(d) Supplement Not Supplant.--Award funds provided under
this subpart shall supplement, and not supplant, other Federal,
State, or local funds that would, in the absence of such award
funds, be made available for literacy instruction and support
of children and students participating in programs assisted
under this subpart.
``(e) Maintenance of Effort.--Each State educational agency
that receives an award under sections 5423 and 5424, and each
eligible entity that receives a subgrant under section 5426 or
5427, shall maintain for the fiscal year for which the grant or
subgrant is received and for each subsequent fiscal year the
expenditures of the State educational agency or eligible
entity, respectively, for literacy instruction at a level not
less than the level of such expenditures maintained by the
State educational agency or eligible entity, respectively, for
the fiscal year preceding such fiscal year for which the grant
or subgrant is received.
``SEC. 5423. STATE PLANNING GRANTS.
``(a) Planning Grants Authorized.--
``(1) In general.--From any amounts made available
under paragraph (1)(A) or (2)(A)(ii) of section
5422(b), the Secretary may award planning grants to
State educational agencies to enable the State
educational agencies to develop or improve a
comprehensive planning to carry out activities that
improve literacy for children and students from
preschool through grade 12.
``(2) Grant period.--A planning grant awarded under
this section shall be for a period of not more than 1
year.
``(3) Nonrenewability.--The Secretary shall not award
a State educational agency more than 1 planning grant
under this section.
``(4) Limitation.--A State educational agency may not
receive a planning grant under this section at the same
time it is receiving an implementation grant under
section 5424.
``(b) Application.--
``(1) In general.--Each State educational agency
desiring a planning grant under this section shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
``(2) Existing plan.--An existing federally funded
State literacy plan can be used to meet the
requirements of this subsection.
``(c) Required Activities.--A State educational agency
receiving planning grant funds under this section shall carry
out each of the following activities:
``(1) Reviewing reading, writing, or other literacy
resources and programs, such as school library
programs, high-quality distance learning programs, and
data across the State to identify any literacy needs
and gaps in the State.
``(2) Forming or designating a State literacy
leadership team which shall execute the following
functions:
``(A) Creating a comprehensive State literacy
plan that--
``(i) is designed to improve
language, reading, writing, and
academic achievement for children and
students, especially those reading
below grade level;
``(ii) includes a needs assessment
and an implementation plan, including
an analysis of child and student
literacy data to identify baseline and
benchmark levels of literacy and early
literacy skills in order to monitor
progress and improvement, and a plan to
improve literacy levels among all
children and students;
``(iii) ensures high quality
strategies and instruction in early
literacy development (which includes
communication, reading, and writing) in
early childhood education programs
serving children from preschool through
kindergarten entry and in kindergarten
through grade 12 programs;
``(iv) provides for activities
designed to improve literacy
achievement for students who--
``(I) read or write below
grade level;
``(II) attend schools in need
of support and high-priority
schools; and
``(III) attend schools with a
high percentage or number of
students that are eligible for
free or reduced price lunch
under the Richard B. Russell
National School Lunch Act (42
U.S.C. 1751 et seq.); and
``(v) is submitted to the Secretary.
``(B) Providing recommendations to guide the
State educational agency in the State
educational agency's process of strengthening
State literacy standards and embedding State
literacy standards with the State's college and
career ready standards, academic achievement
standards, and early learning standards.
``(C) Providing recommendations to guide the
State educational agency in the State
educational agency's process of measuring,
assessing, and monitoring progress in literacy
at the school, local educational agency, and
State levels.
``(D) Identifying criteria for high quality
professional development providers, which
providers may include qualified teachers within
the State, for the State educational agency and
local educational agencies.
``(E) Advising the State educational agency
on how to help ensure that local educational
agencies and schools provide timely and
appropriate data to teachers to inform and
improve instruction.
``(F) Providing recommendations to guide the
State educational agency in the State
educational agency's planning process of
building educators' capacity to provide high-
quality literacy instruction.
``(3) Reporting requirement.--Not later than 1 year
after a State educational agency receives a planning
grant under this section, the State educational agency
shall submit a report to the Secretary on the State
educational agency's performance of the activities
described in this subsection.
``SEC. 5424. STATE IMPLEMENTATION GRANTS.
``(a) Implementation Grants Authorized.--
``(1) In general.--From awards made available under
paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the
Secretary shall, on a competitive basis or through
allotments, respectively, award implementation grants
to State educational agencies to enable the State
educational agencies--
``(A) to implement a comprehensive literacy
plan that meets the criteria in section
5423(c)(2)(A) for programs serving children
from preschool through kindergarten entry
through grade 12 programs;
``(B) to carry out State activities under
section 5425; and
``(C) to award subgrants under sections 5426
and 5427.
``(2) Limitation.--The Secretary shall not award a
implementation grant under this section to a State for
any year for which the State has received a planning
grant under section 5423.
``(3) Duration of grants.--An implementation grant
under this section shall be awarded for a period of not
more than 5 years.
``(4) Renewals.--
``(A) In general.--Implementation grants
under this section may be renewed.
``(B) Conditions.--In order to be eligible to
have an implementation grant renewed under this
paragraph, the State educational agency shall
demonstrate to the satisfaction of the
Secretary that--
``(i) the State educational agency
has complied with the terms of the
grant, including using the funds to--
``(I) increase access to
high-quality professional
development;
``(II) use developmentally
appropriate curricula and
teaching materials; and
``(III) use developmentally
appropriate classroom-based
instructional assessments and
developmentally appropriate
screening and diagnostic
assessments; and
``(ii) with respect to students in
kindergarten through grade 12, during
the period of the grant there has been
significant progress in student
achievement, as measured by the metrics
described in section 5424(b)(2)(C).
``(b) State Applications.--
``(1) In general.--A State educational agency that
desires to receive an implementation grant under this
section shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may require. The State
educational agency shall collaborate with all State
agencies responsible for administering early childhood
education programs, and the State agency responsible
for administering child care programs, in the State in
writing and implementing the early learning portion of
the grant application under this subsection.
``(2) Contents.--An application described in
paragraph (1) shall include the following:
``(A) A description of the members of the
State literacy leadership team and a
description of how the State educational agency
has developed a comprehensive State literacy
plan, as described in section 5423(c)(2)(A).
``(B) An implementation plan that includes a
description of how the State educational agency
will--
``(i) carry out the State activities
described in section 5425;
``(ii) assist eligible entities
with--
``(I) providing strategic and
intensive literacy instruction
based on scientifically valid
research for students who are
reading and writing below grade
level, including through the
use of multi-tiered systems of
support, including addressing
the literacy needs of children
and youth with disabilities or
developmental delays and
English learners in early
childhood education programs
serving children from preschool
through kindergarten entry and
programs serving students from
preschool through grade 12;
``(II) providing training to
parents, as appropriate, so
that the parents can
participate in the literacy
related activities described in
sections 5426 and 5427 to
assist in the language and
literacy development of their
children;
``(III) selecting and using
reading and writing
assessments;
``(IV) providing classroom-
based instruction that is
supported by one-to-one and
small group work;
``(V) using curricular
materials and instructional
tools, which may include
technology, to improve
instruction and literacy
achievement;
``(VI) providing for high-
quality professional
development; and
``(VII) using the principles
of universal design for
learning, as described in
section 5429(b)(21);
``(iii) ensure that local educational
agencies in the State have leveraged
and are effectively leveraging the
resources needed to implement effective
literacy instruction, and have the
capacity to implement literacy
initiatives effectively;
``(iv) continually coordinate and
align the activities assisted under
this section and sections 5426 and 5427
with reading, writing, and other
literacy resources and programs across
the State and locally that serve
children and students and their
families and promote literacy
instruction and learning, including
strengthening partnerships among
schools, libraries, local youth-serving
agencies, and programs, in order to
improve literacy for all children and
youth; and
``(v) ensure that funds provided
under this section are awarded in a
manner that will provide services to
all grade levels, including
proportionally to middle schools and
high schools.
``(C) A description of the key data metrics
that will be used and reported annually under
section 5427(b)(1)(E), that shall include--
``(i) student academic achievement on
the English language arts State
academic assessments and student growth
over time;
``(ii) for diploma granting schools,
graduation rates;
``(D) An assurance that the State educational
agency will use implementation grant funds
under this section for literacy programs as
follows:
``(i) Not less than 10 percent of
such grant funds shall be used for
State and local programs and activities
pertaining to learners from preschool
through kindergarten entry.
``(ii) Not less than 40 percent of
such implementation grant funds shall
be used for State and local programs
and activities allocated equitably
among the grades of kindergarten
through grade 5.
``(iii) Not less than 40 percent of
such implementation grant funds shall
be used for State and local programs
and activities, allocated equitably
among grades 6 through 12.
``(iv) Not more than 10 percent of
such implementation grant funds shall
be used for the State activities
described in section 5425.
``(E) An assurance that the State educational
agency shall give priority to awarding a
subgrant to an eligible entity--
``(i) under section 5426 based on the
number or percentage of children
younger than the age of kindergarten
entry and the number of students from
kindergarten through 17 who are--
``(I) served by the eligible
entity; and
``(II) from families with
income below the poverty line,
based on the most recent
satisfactory data provided to
the Secretary by the Bureau of
the Census for determining
eligibility under section
1124(c)(1)(A); and
``(ii) under section 5427, that
proposes to serve--
``(I) a high number or
percentage of students served
by the eligible entity that are
reading and writing below grade
level according to State
assessments;
``(II) students that attend
schools in need of support and
high-priority schools; and
``(III) students that attend
schools with a high percentage
or number of students that are
eligible for free or reduced
price lunch under the Richard
B. Russell National School
Lunch Act (42 U.S.C. 1751 et
seq.).
``(c) Approval of Applications.--
``(1) In general.--The Secretary, in consultation
with the peer review panel established under paragraph
(2), shall evaluate State educational agency
applications under subsection (b) based on the
responsiveness of the applications to the application
requirements under such subsection.
``(2) Peer review.--The Secretary shall convene a
peer review panel in accordance with section 5422(c) to
evaluate applications for each implementation grant
awarded to a State educational agency under this
section.
``(3) Early learning.--In order for a State
educational agency's application under this section to
be approved by the Secretary, the application shall
contain an assurance that the State agencies
responsible for administering early childhood education
programs and services, including the State agency
responsible for administering child care programs and
the State Advisory Council on Early Childhood Education
and Care established under section 642B(b) of the Head
Start Act (42 U.S.C. 9837b(b)), approves of, and will
be extensively consulted in the implementation of
related activities and services consistent with section
5426 with respect to, the early learning portion of the
application.
``SEC. 5425. STATE ACTIVITIES.
``(a) Required Activities.--A State educational agency shall
use funds made available under section 5422(a)(2)(A) and
described in section 5424(b)(2)(D)(iv) to carry out the
activities proposed in a State's plan consistent with section
5424(b)(2), including the following activities:
``(1) Carrying out the assurances and activities
provided in the State application under section
5424(b)(2).
``(2) In consultation with the State literacy
leadership team, providing technical assistance or
engaging qualified providers to provide technical
assistance to eligible entities to enable the eligible
entities to design and implement a literacy program
under sections 5426 and 5427.
``(3) Providing technical assistance to eligible
entities that are prioritized in section 5424(b)(2)(E),
including eligible entities that serve low-capacity
rural and urban areas by--
``(A) informing those eligible entities that
they have a priority for competing for grants
under section 5426 and 5427; and
``(B) providing eligible entities who do not
receive a grant under section 5426 and 5427
technical assistance so that they may re-
compete in following competitions.
``(4) Continuing to consult with the State literacy
leadership team and continuing to coordinate with
institutions of higher education in the State--
``(A) in order to provide recommendations to
strengthen and enhance preservice courses for
students preparing, at institutions of higher
education in the State, to teach children from
preschool through grade 12 in explicit,
systematic, and intensive instruction in
evidence-based literacy methods; and
``(B) by following up reviews completed by
the State literacy leadership team with
recommendations to ensure that such
institutions offer courses that meet the
highest standards.
``(5) Reviewing and updating, in collaboration with
teachers, statewide educational and professional
organizations representing teachers, and statewide
educational and professional organizations representing
institutions of higher education, State licensure and
certification standards in the area of literacy
instruction in early childhood education through grade
12.
``(6) Making publicly available, including on the
State educational agency's website, information on
promising instructional practices to improve student
literacy achievement.
``(b) Permissive Activities.--After carrying out activities
described in subsection (a), a State educational agency may use
remaining funds made available under section 5422(a)(2)(A) and
described in section 5424(b)(2)(D)(iv) to carry out 1 or more
of the following activities:
``(1) Training the personnel of eligible entities to
use data systems that track student literacy
achievement.
``(2) Developing literacy coach training programs and
training literacy coaches.
``(3) Building public support among local educational
agency personnel, early childhood education programs,
and the community for comprehensive literacy
instruction for children and students from preschool
through grade 12.
``SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF PRESCHOOL
THROUGH KINDERGARTEN ENTRY LITERACY.
``(a) Subgrants.--
``(1) In general.--A State educational agency, in
consultation with the State agencies responsible for
administering early childhood education programs and
services, including the State agency responsible for
administering child care programs and the State
Advisory Council on Early Childhood Education and Care
established under section 642B(b) of the Head Start Act
(42 U.S.C. 9837b(b)), shall use implementation grant
funds provided under section 5422(a)(2)(B) to award
subgrants, on a competitive basis, to eligible entities
to enable the eligible entities to support high-quality
early literacy initiatives for children from preschool
through kindergarten entry.
``(2) Duration.--The term of subgrant under this
section shall be for 5 years.
``(b) Sufficient Size and Scope.--Each subgrant awarded under
this section shall be of sufficient size and scope to allow the
eligible entity to carry out high-quality early literacy
initiatives for children from preschool through kindergarten
entry.
``(c) Local Applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an
application to the State educational agency, at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall include
a description of--
``(1) how the subgrant funds will be used to enhance
the language and literacy aspects of school readiness
of children, from preschool through kindergarten entry,
in early childhood education programs, including an
analysis of the data used to identify how funds will be
used to improve language and literacy;
``(2) the programs assisted under the subgrant,
including demographic and socioeconomic information on
the children enrolled in the programs;
``(3) a budget for the eligible entity that projects
the cost of developing and implementing literacy
initiatives to carry out the activities described in
subsection (e);
``(4) how, if the eligible entity is requesting a
planning period, the eligible entity will use that
planning period to prepare for successful
implementation of a plan to support the development of
learning and literacy consistent with the purposes of
this subpart;
``(5) the literacy initiatives, if any, in place and
how these initiatives will be coordinated and
integrated with activities supported under this
section;
``(6) how the subgrant funds will be used to prepare
and provide ongoing assistance to staff in the
programs, through high-quality professional
development;
``(7) how the subgrant funds will be used to provide
services, incorporate activities, and select and use
literacy instructional materials that meet the diverse
developmental and linguistic needs of children,
including English learners and children with
disabilities and developmental delays, and that are
based on scientifically valid research on child
development and learning for children from preschool
through kindergarten entry;
``(8) how the subgrant funds will be used to provide
screening assessments, diagnostic assessments,
classroom-based instructional assessments, and
assessments of developmental progress;
``(9) how families and caregivers will be involved,
as appropriate, in supporting their children's literacy
development, instruction, and assessment;
``(10) how the subgrant funds will be used to help
children, particularly children experiencing difficulty
with oral and written language, to make the transition
from early childhood education to formal classroom
instruction;
``(11) how the activities assisted under the subgrant
will be coordinated with literacy instruction at the
kindergarten through grade 5 level;
``(12) how the subgrant funds will be used--
``(A) to evaluate the success of the
activities assisted under the subgrant in
enhancing the early language and literacy
development of children from preschool through
kindergarten entry; and
``(B) to evaluate data for program
improvement; and
``(13) such other information as the State
educational agency may require.
``(d) Approval of Local Applications.--The State educational
agency, in consultation with the State agencies responsible for
administering early childhood education programs, including the
State agency responsible for administering child care programs
and the State Advisory Council on Early Childhood Education and
Care established under section 642B(b) of the Head Start Act
(42 U.S.C. 9837b(b)), shall--
``(1) select applications for funding under this
section based on the quality of the applications
submitted, including the relationship between literacy
activities proposed and the research base or data
supporting such activities, as appropriate, and the
recommendations of--
``(A) the State literacy leadership team; and
``(B) other experts in the area of early
literacy; and
``(2) place priority for funding programs based on
the criteria in section 5424(b)(2)(E)(i).
``(e) Local Uses of Funds.--
``(1) In general.--An eligible entity that receives a
subgrant under this section shall use the subgrant
funds consistent with the application proposed in
subsection (c) to carry out the following activities:
``(A) Enhancing and improving early childhood
education programs to ensure that children in
such programs are provided with high-quality
oral language and literature- and print-rich
environments in which to develop early literacy
skills.
``(B) Providing high-quality professional
development.
``(C) Acquiring, providing training for, and
implementing screening assessments, diagnostic
assessments, and classroom-based instructional
assessments.
``(D) Selecting, developing, and implementing
a multi-tiered system of support.
``(E) Integrating evidence-based
instructional materials, activities, tools, and
measures into the programs offered by the
eligible entity to improve development of early
learning language and literacy skills.
``(F) Training providers and personnel to
support, develop, and administer high-quality
early learning literacy initiatives that--
``(i) utilize data--
``(I) to inform instructional
design; and
``(II) to assess literacy
needs; and
``(ii) provide time and support for
personnel to meet to plan literacy
instruction.
``(G) Providing for family literacy services,
as appropriate, and partnering with families to
support their child's learning.
``(H) Annually collecting, summarizing, and
reporting to the State educational agency
data--
``(i) to document and monitor, for
the purpose of improving or increasing
early literacy and language skills
development pursuant to activities
carried out under this section;
``(ii) to stimulate and accelerate
improvement by identifying the programs
served by the eligible entity that
produce significant gains in skills
development; and
``(iii) for all subgroups of students
and categories of students that--
``(I) utilizes a variety of
data; and
``(II) is consistent across
the State.
``(2) Limitation.--An eligible entity that receives a
subgrant under this section shall not use more than 10
percent of the subgrant funds to purchase curricula and
assessment materials.
``(f) Prohibition.--The use of assessment items and data on
any assessment authorized under this section to provide rewards
or sanctions for individual children, early childhood
educators, teachers, program directors, or principals is
prohibited.
``SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING
REQUIREMENTS, AND CONFLICTS OF INTEREST.
``(a) Consequences of Insufficient Progress.--
``(1) Consequences for grant recipients.--If the
Secretary determines that a State educational agency
receiving an award under section 5422(b) or an eligible
entity receiving a subgrant under section 5426 or 5427
is not making significant progress in meeting the
purposes of this subpart and the key metrics identified
by the State educational agency under section
5424(b)(2)(C) after the submission of a report
described in subsection (b), then the Secretary may
withhold, in whole or in part, further payments under
this subpart in accordance with section 455 of the
General Education Provisions Act (20 U.S.C. 1234d) or
take such other action authorized by law as the
Secretary determines necessary, including providing
technical assistance upon request of the State
educational agency or eligible entity, respectively.
``(2) Consequences for subgrant recipients.--
``(A) In general.--A State educational agency
receiving an award under section 5422(b) may
refuse to award subgrant funds to an eligible
entity under section 5426 or 5427 if the State
educational agency finds that the eligible
entity is not making significant progress in
meeting the purposes of this subpart, after--
``(i) affording the eligible entity
notice, a period for correction, and an
opportunity for a hearing; and
``(ii) providing technical assistance
to the eligible entity.
``(B) Funds available.--Subgrant funds not
awarded under subparagraph (A) shall be
redirected to an eligible entity serving
similar children and students in the same area
or region as the eligible entity not awarded
the subgrant funds, to the greatest extent
practicable.
``(b) Reporting Requirements.--
``(1) State educational agency reports.--Each State
educational agency receiving an award under section
5422(b) shall report annually to the Secretary
regarding the State educational agency's progress in
addressing the purposes of this subpart. Such report
shall include, at a minimum, a description of--
``(A) the professional development activities
provided under the award, including types of
activities and entities involved in providing
professional development to classroom teachers
and other program staff, such as school
librarians;
``(B) the instruction, strategies,
activities, curricula, materials, and
assessments used in the programs funded under
the award;
``(C)(i) the types of programs and, for
children from preschool to kindergarten entry,
program settings, funded under the award; and
``(ii) the ages and demographic information
that is not individually identifiable of
children served by the programs funded under
the award;
``(D) the experience and qualifications of
the program staff who provide literacy
instruction under the programs funded under the
award, including the experience and
qualifications of those staff working with
children with disabilities or developmental
delays and with English learners and children
from preschool to kindergarten entry;
``(E) key data metrics identified under
section 5424(b)(2)(C) used for literacy
initiatives;
``(F) student performance on relevant program
metrics, as identified in the State education
agency's implementation plan under section
5424(b)(2)(C); and
``(G) the outcomes of programs and activities
provided under the award.
``(2) Eligible entity reports.--Each eligible entity
receiving a subgrant under section 5426 or 5427 shall
report annually to the State educational agency
regarding the eligible entity's progress in addressing
the purposes of this subpart. Such report shall
include, at a minimum, a description of--
``(A) how the subgrant funds were used; and
``(B) student performance on relevant program
metrics, as identified in the State education
agency's implementation plan under section
5424(b)(2)(C).
``(c) Conflicts of Interest.--The Secretary shall ensure that
each member of the peer review panel described in section
5422(c) and each member of a State literacy leadership team
participating in a program or activity assisted under this
subpart does not stand to benefit financially from a grant or
subgrant awarded under this subpart.
``SEC. 5428. DEFINITIONS.
``In this subpart:
``(1) Characteristics of effective literacy
strategies and instruction.--The term `characteristics
of effective literacy strategies and instruction'
means--
``(A) for children from preschool through
kindergarten entry--
``(i) providing high quality
professional development opportunities
for early childhood educators,
teachers, and school leaders in--
``(I) literacy development;
``(II) language development;
``(III) English language
acquisition (as appropriate);
and
``(IV) effective language and
literacy instruction and
teaching strategies aligned to
State standards;
``(ii) reading aloud to children,
engaging children in shared reading
experiences, discussing reading with
children, and modeling age and
developmentally appropriate reading
strategies;
``(iii) encouraging children's early
attempts at communication, reading,
writing, and drawing, and talking about
the meaning of the reading, writing,
and drawing with others;
``(iv) creating conversation rich
classrooms and using oral modeling
techniques to build oral language
skills;
``(v) multiplying opportunities for
children to use language with peers and
adults;
``(vi) providing strategic and
explicit instruction in the
identification of speech sounds,
letters, and letter-sound
correspondence;
``(vii) integrating oral and written
language;
``(viii) stimulating vocabulary
development;
``(ix) using differentiated
instructional approaches or teaching
strategies, including--
``(I) individual and small
group instruction or
interactions; and
``(II) professional
development, curriculum
development, and classroom
instruction;
``(x) applying the principles of
universal design for learning, as
described in section 5429(b)(21);
``(xi) using age-appropriate
screening assessments, diagnostic
assessments, formative assessments, and
summative assessments to identify
individual learning needs, to inform
instruction, and to monitor--
``(I) student progress and
the effects of instruction over
time; and
``(II) for children between
the ages of preschool and
kindergarten entry, progress
and development within
established norms;
``(xii) coordinating the involvement
of families, early childhood education
program staff, principals, other school
leaders, and teachers in the reading
and writing achievement of children
served under this subpart;
``(xiii) using a variety of age and
developmentally appropriate, high
quality materials for language
development, reading, and writing;
``(xiv) encouraging family literacy
experiences and practices, and
educating teachers, public librarians,
and parents and other caregivers about
literacy development and child literacy
development; and
``(xv) using strategies to enhance
children's--
``(I) motivation to
communicate, read, and write;
and
``(II) engagement in self-
directed learning;
``(B) for students in kindergarten through
grade 3--
``(i) providing high quality
professional development opportunities,
for teachers, literacy coaches,
literacy specialists, English as a
second language specialists (as
appropriate), school librarians, and
principals, on literacy development,
language development, English language
acquisition, and effective literacy
instruction that--
``(I) aligns to State
standards as well as local
curricula and instructional
assessments; and
``(II) addresses literacy
development opportunities
across the curricula;
``(ii) providing age appropriate
direct and explicit instruction;
``(iii) providing strategic,
systematic, and explicit instruction in
phonological awareness, phonic
decoding, vocabulary, reading fluency,
and reading comprehension;
``(iv) making available and using
diverse texts at the reading,
development, and interest level of
students;
``(v) providing multiple
opportunities for students to write
individually and collaboratively with
instruction and feedback;
``(vi) using differentiated
instructional approaches, including
individual, small group, and classroom-
based instruction and discussion;
``(vii) using oral modeling
techniques and opportunities for
students to use language with the
students' peers and adults to build
student language skills;
``(viii) providing time and
opportunities for systematic and
intensive instruction, intervention,
and practice to supplement regular
instruction, which can be provided
inside and outside the classroom as
well as during and outside regular
school hours;
``(ix) providing instruction in uses
of print materials and technological
resources for research and for
generating and presenting content and
ideas;
``(x) using screening assessments,
diagnostic assessments, formative
assessments, and summative assessments
to identify student learning needs, to
inform instruction, and to monitor
student progress and the effects of
instruction over time;
``(xi) coordinating the involvement
of families, caregivers, teachers,
principals, other school leaders, and
teacher literacy teams in the reading
and writing achievement of children
served under this subpart;
``(xii) encouraging family literacy
experiences and practices; and
``(xiii) using strategies to enhance
students'--
``(I) motivation to read and
write; and
``(II) engagement in self-
directed learning; and
``(C) for students in grades 4 through 12--
``(i) providing high quality
professional development opportunities
for teachers, literacy coaches,
literacy specialists, English as a
second language specialists (as
appropriate), school librarians, and
principals, including professional
development on literacy development,
language development, and effective
literacy instruction embedded in
schools and aligned to State standards;
``(ii) providing direct and explicit
comprehension instruction;
``(iii) providing direct and explicit
instruction that builds academic
vocabulary and strategies and knowledge
of text structure for reading different
kinds of texts within and across core
academic subjects;
``(iv) making available and using
diverse texts at the reading,
development, and interest level of the
students;
``(v) providing multiple
opportunities for students to write
with clear purposes and critical
reasoning appropriate to the topic and
purpose and with specific instruction
and feedback from teachers and peers;
``(vi) using differentiated
instructional approaches;
``(vii) using strategies to enhance
students'--
``(I) motivation to read and
write; and
``(II) engagement in self-
directed learning;
``(viii) providing for text-based
learning across content areas;
``(ix) providing systematic,
strategic, and individual and small
group instruction, including intensive
supplemental intervention for students
reading significantly below grade
level, which may be provided inside and
outside the classroom as well as during
and outside regular school hours;
``(x) providing instruction in the
uses of technology and multimedia
resources for classroom research and
for generating and presenting content
and ideas;
``(xi) using screening assessments,
diagnostic assessments, formative
assessments, and summative assessments
to identify learning needs, inform
instruction, and monitor student
progress and the effects of
instruction;
``(xii) coordinating the involvement
of families and caregivers, to the
extent feasible and appropriate as
determined by the Secretary, to improve
reading, writing, and academic
achievement; and
``(xiii) coordinating the involvement
of school librarians, teachers,
principals, other school leaders,
teacher literacy teams, and English as
a second language specialists (as
appropriate), that analyze student work
and plan or deliver instruction over
time.
``(2) Classroom-based instructional assessment.--The
term `classroom-based instructional assessment' means
an assessment, for children between preschool through
grade 3, that--
``(A) is valid and reliable for the age and
population of children being assessed;
``(B) is used to evaluate children's
developmental progress and learning, including
systematic observations by teachers of children
performing tasks, including academic and
literacy tasks, that are part of their daily
classroom experience; and
``(C) is used to improve classroom
instruction.
``(3) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction
that--
``(A) involves the characteristics of
effective literacy instruction; and
``(B) is designed to support the essential
components of reading instruction and the
essential components of writing instruction.
``(4) Developmental delay.--The term `developmental
delay' has the meaning given the term in section 632 of
the Individuals with Disabilities Education Act (20
U.S.C. 1432).
``(5) Diagnostic assessment.--The term `diagnostic
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on language,
literacy, and English language acquisition;
``(B) is used for the purposes of--
``(i) identifying a student's
specific areas of strengths and
weaknesses in oral language and
literacy;
``(ii) determining any difficulties
that the student may have in oral
language and literacy and the potential
cause of such difficulties; and
``(iii) helping to determine possible
literacy intervention strategies and
related special needs of the student;
and
``(C) in the case of young children, is
conducted after a screening assessment that
identifies potential risks or a lack of school
preparedness, including oral language and
literacy development, or delayed development.
``(6) Eligible entity.--The term `eligible entity'
means--
``(A) when used with respect to children from
preschool through kindergarten entry--
``(i) 1 or more local educational
agencies providing early childhood
education programs, or 1 or more public
or private early childhood education
programs, serving children from
preschool through kindergarten entry
(such as a Head Start program, a child
care program, a State-funded
prekindergarten program, a public
library program, or a family literacy
program), that has a demonstrated
record of providing effective literacy
instruction for the age group such
agency or program proposes to serve
under section 5426; or
``(ii) 1 or more entities described
in clause (i) acting in partnership
with 1 or more public agencies or
private nonprofit organizations that
have a demonstrated record of
effectiveness--
``(I) in improving the early
literacy development of
children from preschool through
kindergarten entry; and
``(II) in providing
professional development
aligned with the activities
described in section
5426(e)(1); or
``(B) when used with respect to students in
kindergarten through grade 12--
``(i) that is--
``(I) a local educational
agency;
``(II) a consortium of local
educational agencies; or
``(III) or a local
educational agency or
consortium of local educational
agencies that may act in
partnership with 1 or more
public agencies or private
nonprofit organizations, which
agencies or organizations shall
have a demonstrated record of
effectiveness, consistent with
the purposes of their
participation, in improving
literacy achievement of
students from kindergarten
through grade 12 and in
providing professional
development described in
section 5427(a)(3)(B);
``(ii) that--
``(I) is among, or consists
of, the local educational
agencies in the State with the
highest numbers or percentages
of students reading or writing
below grade level, based on the
most currently available State
academic assessment data;
``(II) has jurisdiction over
a significant number or
percentage of schools that are
identified for school
improvement under section 1116;
or
``(iii) has the highest numbers or
percentages of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State.
``(7) English language acquisition.--
``(A) In general.--The term `English language
acquisition' means the process by which a non-
native English speaker acquires proficiency in
speaking, listening, reading, and writing the
English language.
``(B) Inclusions for english learners in
school.--For an English language learner in
school, such term includes not only the social
language proficiency needed to participate in
the school environment, but also the academic
language proficiency needed to acquire literacy
and academic content and demonstrate the
student's learning.
``(8) Essential components of reading instruction.--
The term `essential components of reading instruction'
means developmentally appropriate, contextually
explicit, systematic instruction, and frequent
practice, in reading across content areas.
``(9) Essential components of writing instruction.--
The term `essential components of writing instruction'
means developmentally appropriate and contextually
explicit instruction, and frequent practice, in writing
across content areas.
``(10) Family literacy services.--The term `family
literacy services' means literacy services provided on
a voluntary basis that are of sufficient intensity in
terms of hours and duration and that integrate all of
the following activities:
``(A) Interactive literacy activities between
or among parents and their children, including
parent literacy training.
``(B) Training for parents regarding how to
be the primary teacher for their children and
full partners in the education of their
children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life
experiences.
``(11) Formative assessment.--The term `formative
assessment' means a process that--
``(A) is teacher-generated or selected by
teachers and students during instructional
learning;
``(B) is embedded within the learning
activity and linked directly to the current
unit of instruction; and
``(C) provides feedback to adjust ongoing
teaching and learning to improve students'
achievement of intended instructional outcomes.
``(12) High-quality professional development.--The
term `high-quality professional development' means
professional development that--
``(A) is job-embedded, ongoing, and based on
scientifically valid research;
``(B) is sustained, intensive, and classroom-
focused;
``(C) is designed to increase the knowledge
and expertise of teachers, early childhood
educators and administrators, principals, other
school leaders, and other program staff in
applying--
``(i) the characteristics of
effective literacy instruction;
``(ii) the essential components of
reading instruction;
``(iii) the essential components of
writing instruction; and
``(iv) instructional strategies and
practices that are appropriate to the
age, development, and needs of children
and improve student learning, including
strategies and practices consistent
with the principles of universal design
for learning, as described in section
5429(b)(21);
``(D) includes and supports teachers in
effectively administering age appropriate and
developmentally appropriate assessments, and
analyzing the results of such assessments for
the purposes of planning, monitoring, adapting,
and improving effective classroom instruction
or teaching strategies to improve student
literacy;
``(E) for educators working with students in
kindergarten through grade 12--
``(i) supports the characteristics of
effective literacy instruction through
core academic subjects, and through
career and technical education subjects
where such career and technical
education subjects provide for the
integration of core academic subjects;
and
``(ii) includes explicit instruction
in discipline-specific thinking and how
to read and interpret discipline-
specific text structures and features;
``(F) includes instructional strategies
utilizing one-to-one, small group, and
classroom-based instructional materials and
approaches based on scientifically valid
research on literacy;
``(G) provides ongoing instructional literacy
coaching--
``(i) to ensure high-quality
implementation of effective practices
of literacy instruction that are
content-centered, integrated across the
curricula, collaborative, and embedded
in the school, classroom, or other
setting; and
``(ii) that uses student data to
improve instruction;
``(H) includes and supports teachers in
setting high reading and writing achievement
goals for all students and provides the
teachers with the instructional tools and
skills to help students reach such goals; and
``(I) is differentiated for educators working
with children from preschool through
kindergarten entry, students in kindergarten
through grade 5, and students in grades 6
through 12, and, as appropriate, by student
grade or student need.
``(13) Literacy coach.--The term `literacy coach'
means a professional--
``(A) who--
``(i) has previous teaching
experience and--
``(I) a master's degree with
a concentration in reading and
writing education;
``(II) demonstrated
proficiency in teaching reading
or writing in a core academic
subject consistent with the
characteristics of effective
literacy instruction; or
``(III) in the case of a
literacy coach for children
from preschool through
kindergarten entry, a
concentration, credential, or
significant experience in child
development and early literacy
development; and
``(ii) is able to demonstrate the
ability to help teachers--
``(I) apply research on how
students become successful
readers, writers, and
communicators;
``(II) apply multiple forms
of assessment to guide
instructional decisionmaking
and use data to improve
literacy instruction;
``(III) improve student
writing and reading in and
across content areas such as
mathematics, science, social
studies, and language arts;
``(IV) develop and implement
differentiated instruction and
teaching approaches to serve
the needs of the full range of
learners, including English
learners and children with
disabilities;
``(V) apply principles of
universal design for learning,
as described in section
5429(b)(21);
``(VI) employ best practices
in engaging principals, early
childhood educators and
administrators, teachers, and
other professionals supporting
literacy instruction to change
school cultures to better
encourage and support literacy
development and achievement;
and
``(VII)(aa) for children from
preschool through kindergarten
entry, set developmentally
appropriate expectations for
language; and
``(bb) for all children, set
literacy development and high
reading and writing achievement
goals and select, acquire, and
use instructional tools and
skills to help the children
reach such goals; and
``(B) whose role with teachers and
professionals supporting literacy instruction
is--
``(i) to provide high-quality
professional development;
``(ii) to work cooperatively and
collaboratively with principals,
teachers, and other professionals in
employing strategies to help teachers
identify and support student language
and literacy needs and teach literacy
across content areas and developmental
domains; and
``(iii) to work cooperatively and
collaboratively with other
professionals in employing strategies
to help teachers teach literacy across
content areas so that the teachers can
meet the needs of all students,
including children with disabilities,
English learners, and students who are
reading at or above grade level.
``(14) Multi-tiered system of support.--The term
`multi-tiered system of support' means a comprehensive
system of differentiated supports that includes
evidence-based instruction, universal screening,
progress monitoring, formative assessments, evidence-
based interventions matched to student needs and
educational decisionmaking using student outcome data.
``(15) Reading.--The term `reading' means a complex
system of deriving meaning from print that requires, in
ways that are developmentally, content, and
contextually appropriate, all of the following:
``(A) Phonemes.--The skills and knowledge to
understand how phonemes, or speech sounds, are
connected to print.
``(B) Accuracy, fluency, and understanding.--
The ability to read accurately, fluently, and
with understanding.
``(C) Reading comprehension.--The use of
background knowledge and vocabulary to make
meaning from a text.
``(D) Active strategies.--The development and
use of appropriate active strategies to
interpret and construct meaning from print.
``(16) Scientifically valid research.--The term
`scientifically valid research' has the meaning given
the term in section 200 of the Higher Education Act of
1965 (20 U.S.C. 1021).
``(17) Screening assessment.--The term `screening
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on literacy and
English language acquisition; and
``(B) is a procedure designed as a first step
in identifying children who may be at high risk
for delayed development or academic failure and
in need of further diagnosis of the children's
need for special services or additional
literacy instruction.
``(18) Specialized instructional support personnel
(sisp).--The term `Specialized Instructional Support
Personnel' or `SISP' means school counselors, school
social workers, school psychologists, and other
qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (included
related services as that term is defined in section 602
of the Individuals with Disabilities Education Act) as
part of a comprehensive program to meet student needs.
``(19) State.--The term `State' has the meaning given
the term in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
``(20) State literacy leadership team.--
``(A) In general.--The term `State literacy
leadership team' means a team that--
``(i) is appointed and coordinated by
the State educational agency;
``(ii) assumes the responsibility to
guide the development and
implementation of a statewide,
comprehensive literacy plan;
``(iii) is composed of not less than
11 individuals; and
``(iv) shall include--
``(I) not less than 3
individuals who have literacy
expertise in one of each of the
areas of--
``(aa) preschool
through school entry,
such as the State Head
Start collaboration
director;
``(bb) kindergarten
entry through grade 5;
and
``(cc) grades 6
through 12;
``(II) a school principal;
``(III) teachers and
administrators with expertise
in literacy and special
education;
``(IV) teachers and
administrators with expertise
in teaching the English
language to English learners;
``(V) a representative from
the State educational agency
who oversees literacy
initiatives; and
``(VI) a representative from
higher education who is
actively involved in research,
development, or teacher
preparation in literacy
instruction and intervention
based on scientifically valid
research.
``(B) Inclusion of a preexisting
partnership.--If, before the date of enactment
of the Student Success Act, a State educational
agency established a consortium, partnership,
or any other similar body that was considered a
literacy partnership for purposes of subpart 1
or 2 of part B of title I and that includes the
individuals required under subparagraph
(A)(iv), such consortium, partnership, or body
may be considered a State literacy leadership
team for purposes of subparagraph (A).
``(21) Summative assessment.--The term `summative
assessment' means an assessment that--
``(A) is valid, reliable, and based on
scientifically valid research on literacy and
English language acquisition; and
``(B) measures--
``(i) for children from preschool
through kindergarten entry, how the
children have progressed over time
relative to developmental norms; and
``(ii) for students in kindergarten
through grade 12, what the students
have learned over time, relative to
academic content standards.
``(22) Universal design for learning.--The term
`universal design for learning' has the meaning given
the term in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
``(23) Writing.--The term `writing' means--
``(A) composing meaning in print or through
other media, including technologies, to
communicate and to create new knowledge in ways
appropriate to the context of the writing and
the literacy development stage of the writer;
``(B) composing ideas individually and
collaboratively in ways that are appropriate
for a variety of purposes, audiences, and
occasions;
``(C) choosing vocabulary, tone, genre, and
conventions, such as spelling and punctuation,
suitable to the purpose, audience, and
occasion; and
``(D) revising compositions for clarity of
ideas, coherence, logical development, and
precision of language use.
``SEC. 5430. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $500,000,000 for fiscal year 2016 and such sums as may
be necessary for subsequent fiscal years.
``Subpart 3--A Well-Rounded Education
``SEC. 5431. PROGRAM AUTHORIZED.
``From the amount appropriated each fiscal year to carry out
this subpart, the Secretary--
``(1) shall--
``(A) reserve not less than 5 percent for
national activities under section 5438; and
``(B) of the funds remaining after the
Secretary reserves funds under subparagraph
(A)--
``(i) use at least 25 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
American history, civic education, and
geography;
``(ii) use at least 15 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
economic and financial literacy
education and entrepreneurship
education;
``(iii) use at least 15 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
foreign language education;
``(iv) use at least 15 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs for
music and the arts education; and
``(v) use at least 10 percent to
award grants to eligible entities under
this subpart to carry out proven
practices, strategies, or programs in
Javits gifted and talented education;
and
``(vi) use at least 10 percent to
award grants to eligible entities as
described in section 5432(2) to carry
out proven practices, strategies, or
programs in ready-to-learn; and
``(2) may use the funds remaining after the Secretary
reserves and uses funds under paragraph (1) to award
grants to eligible entities under this subpart to carry
out any of the proven practices, strategies, or
programs described in clauses (i) through (v) of
paragraph (1)(B).
``SEC. 5432. ELIGIBLE ENTITY DEFINED.
``In this subpart, an eligible entity means one of the
following:
``(1) A State educational agency, local educational
agency, or an educational service agency with a local
educational agency that is in partnership with one or
more of the following:
``(A) An institution of higher education.
``(B) A nonprofit organization with
demonstrated expertise in the content areas
described in section 5431(1)(B).
``(C) A library or museum.
``(2) A public telecommunications entity that is able
to demonstrate each of the following:
``(A) A capacity for the development and
national distribution of educational and
instructional television programming of high
quality that is accessible by a large majority
of disadvantaged preschool and elementary
school children.
``(B) A capacity to contract with the
producers of children's television programming
for the purpose of developing educational
television programming of high quality.
``(C) A capacity, consistent with the
entity's mission and nonprofit nature, to
negotiate such contracts in a manner that
returns to the entity an appropriate share of
any ancillary income from sales of any program-
related products.
``(D) A capacity to localize programming and
materials to meet specific State and local
needs and to provide educational outreach at
the local level.
``SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE REQUIREMENTS.
``(a) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to--
``(1) eligible entities proposing to serve schools in
need of support or persistently low achieving schools;
and
``(2) eligible entities proposing to serve a high
percentage and number of children from families with
incomes below the poverty line according to the most
recent census data approved by the Secretary.
``(b) Duration.--The Secretary shall award grants under this
subpart for a period of 5 years.
``(c) Sufficient Size and Scope.--In awarding grants under
this subpart, the Secretary shall ensure that grants are of
sufficient size and scope.
``SEC. 5434. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this subpart shall be used to
supplement, not supplant, Federal and non-Federal funds
available to support child and youth services.
``SEC. 5435. APPLICATION REQUIREMENTS.
``(a) In General.--To receive a grant under one or more of
the grant programs described in clauses (i) through (v) of
section 5431(1)(B), an eligible entity shall submit an
application to the Secretary at such time, in such manner, and
containing the information that the Secretary may require,
including the information described in subsection (c).
``(b) Multiple Applications.--An eligible entity may apply
for one or more grant programs under this subpart, and may use
a consolidated application to apply for more than one grant
program under this subpart.
``(c) Application Requirements.-- An application submitted
under subsection (a) shall contain the following:
``(1) A description of the promising or proven
practice, strategy, or program that the applicant
proposes to implement in a content area listed in
clauses (i) through (v) of section 5431(1)(B).
``(2) A description of how the proposed practice,
strategy, or program is evidence-based and will improve
teaching practices as well as student achievement or
student academic growth especially with high-need
student populations.
``(3) A description of how the proposed practice,
strategy, or program fits into the State or local
educational agency's overall strategy that students
have access to a well-rounded education.
``(4) A description of how the proposed practice,
strategy, or program will be aligned with school
improvement plans.
``(5) A description of how the activities will
adequately address the needs of students with
disabilities and English learners.
``(6) A description of the applicant's plan for data
collection, analysis, and dissemination of results and
outcomes, including an assurance that the applicant
will make this information publicly available and
accessible to educators, researchers, and other
experts.
``(7) A description of how the applicant will provide
for the completion of an independent evaluation of the
project (including through the use of formative and
summative evaluation methodologies) during the grant
period to assess its impact on student achievement,
student academic growth, student engagement, and other
program goals, including its potential for replication
and expansion.
``(8) If the applicant proposes to expand an existing
practice, strategy, or program with at least moderate
evidence, a description of how the applicant proposes
to reach additional participants in such practice,
strategy, or program.
``(d) Peer Review.--The Secretary shall establish a peer-
review process to assist in review of applications submitted
under this section.
``SEC. 5436. USES OF FUNDS.
``(a) In General.--Each eligible entity that receives a grant
under this subpart shall carry out one or more of the
following:
``(1) Plan, develop, expand, or improve practices,
strategies, and programs in the applicable content
area.
``(2) Develop and implement instructional materials,
assessments (including performance-based assessments),
and curriculum, aligned with State standards in a
content area listed in clauses (i) through (v) of
section 5431(1)(B), which embed principles of universal
design for learning, as described in section
5429(b)(21), to support students with diverse learning
needs including English learners and students with
disabilities.
``(3) Develop and implement professional development
for teachers in the applicable content area in order to
improve classroom practices.
``(4) Align practices, strategies, and programs with
postsecondary programs for the continuation of
instruction in the academic subject for which the
program strategy or practice proposes to increase
student achievement or student growth.
``(5) Supporting the use of open educational
resources or other innovative uses of technology that
are designed to serve students at all levels of
achievement.
``(6) Support efforts to expand access to advanced
coursework, especially for high-need students.
``(7) In the case of an eligible entity that is a
State educational agency, the eligible entity may also
provide technical assistance to local programs within
the State.
``(b) Program Specific Requirements for Geography Grants.--In
addition to meeting the requirements of subsection (a), an
eligible entity receiving a grant described in section
5431(1)(B)(i) may use the grant to--
``(1) carry out local, field-based activities for
teachers and students to improve their knowledge of the
concepts and tools of geography while enhancing
understanding of their home region; and
``(2) apply geographic information systems and
technology to the teaching of geography; and
``(3) using internet or distance-learning technology.
``(c) Program Specific Requirements for Economic, Financial
Literacy, and Entrepreneurship Education Grants.--In addition
to meeting the requirements of subsection (a), an eligible
entity receiving a grant described in section 5431(1)(B)(ii)--
``(1) may use the grant to--
``(A) carry out programs to teach personal
financial management skills;
``(B) carry out programs to teach the basic
principles involved with earning, spending,
saving, investing, credit, and insurance; and
``(C) implement financial and economic
literacy activities and sequences of study
within, or coordinated with, core academic
subjects; and
``(2) is strongly encouraged to--
``(A) include interactions with the local
business community to the fullest extent
possible to reinforce the connection between
economic and financial literacy; and
``(B) work with private businesses to obtain
matching contributions for Federal funds and
assist recipients in working toward self-
sufficiency.
``(d) Program Specific Requirements for Foreign Language
Grants.--In addition to meeting the requirements of subsection
(a), an eligible entity receiving a grant described in section
5431(1)(B)(iii) may use the grant to carry out the following
activities:
``(1) Developing and implementing intensive summer
foreign language programs for professional development.
``(2) Linking nonnative English speakers in the
community with the schools in order to promote two-way
language learning.
``(3) Promoting the sequential study of a foreign
language for students, beginning in elementary schools.
``(4) Making effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study.
``(5) Developing and implementing, high quality dual
language programs.
``(6) Promoting innovative activities, such as
foreign language immersion, partial foreign language
immersion, or content-based instruction.
``(7) Providing opportunities for maximum foreign
language exposure for students domestically, such as
the creation of immersion environments in the classroom
and school, on weekend or summer experiences, and
special tutoring and academic support.
``(8) providing for the possibility for multiple
entry points for studying the foreign language.
``(9) Creating partnerships with elementary and
secondary schools in other countries to facilitate
language and cultural learning and exchange.
``(10) Providing support for a language supervisor to
oversee and coordinate the progress of the articulated
foreign language program across grade levels in the
local educational agency funded under this subpart.
``(e) Program Specific Requirements for Javits Gifted and
Talented Grants.--In addition to meeting the requirements of
subsection (a), an eligible entity receiving a grant described
in section 5431(1)(B)(v) may use the grant to carry out the
following activities:
``(1) Providing funds for challenging, high-level
course work, disseminated through technologies
(including distance learning), for individual students
or groups of students in schools and local educational
agencies that would not otherwise have the resources to
provide such course work.
``(2) Ensuring that assessments provide diagnostic
information that informs instruction for high-achieving
students.
``(3) Carrying out training and professional
development for school personnel involved in the
teaching of high-achieving, educationally disadvantaged
students, such as instructional staff, principals,
counselors, and psychologists.
``(4) Conducting education and training for parents
of high-achieving, educationally disadvantaged students
to support educational excellence for such students.
``(f) Program Specific Requirements for Ready-to-learn.--In
addition to meeting the requirements of subsection (a), an
eligible entity receiving a grant described in section
5431(1)(B)(vi) may use the grant to carry out the following
activities:
``(1) to develop, produce, and distribute educational
and instructional video programming for preschool and
elementary school children and their parents in order
to facilitate student academic achievement;
``(2) to facilitate the development, directly or
through contracts with producers of children and family
educational television programming, of educational
programming for preschool and elementary school
children, and the accompanying support materials and
services that promote the effective use of such
programming;
``(3) to facilitate the development of programming
and digital content containing Ready-to-Learn-based
children's programming and resources for parents and
caregivers that is specially designed for nationwide
distribution over public television stations' digital
broadcasting channels and the Internet;
``(4) to contract with entities (such as public
telecommunications entities) so that programs developed
under this section are disseminated and distributed to
the widest possible audience appropriate to be served
by the programming, and through the use of the most
appropriate distribution technologies; and
``(5) to develop and disseminate education and
training materials, including interactive programs and
programs adaptable to distance learning technologies,
that are designed--
``(A) to promote school readiness; and
``(B) to promote the effective use of
materials developed under subparagraphs (2) and
(3) among parents, teachers, Head Start
providers, Even Start providers, providers of
family literacy services, child care providers,
early childhood development personnel,
elementary school teachers, public libraries,
and afterschool program personnel caring for
preschool and elementary school children.
``SEC. 5437. EVALUATION.
``Each eligible entity receiving a grant under this subpart
shall conduct an independent program-level evaluation and
submit preliminary results to the Secretary at such a time and
in such manner as the Secretary may require in order to
determine the eligible entity's eligibility to continue to
receive funding under this subpart.
``SEC. 5438. NATIONAL ACTIVITIES.
``(a) In General.--From the amounts reserved under section
5431(1)(A), the Secretary shall carry out the national
activities described in subsection (b) directly or by entering
into contracts with an eligible educational entity.
``(b) National Activities.--The national activities that
shall be carried out under this section are as follows:
``(1) Technical assistance.
``(2) Development of curricula.
``(3) Production, development, and dissemination of
high-quality educational content (including digital
content) in academic content areas under this subpart.
``(4) Research and collecting information on, and
identifying, effective programs and best practices and
disseminating that information to States, local
educational agencies, institutions of higher education,
and other stakeholders.
``SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES.
``(a) Eligible Educational Entity Defined.--In this section,
the term `eligible educational entity' means a national
nonprofit educational entity with a proven track record and
demonstrated expertise in one or more of the following areas as
related to the activities described in subsection (b):
``(1) High-quality professional development programs,
including writing programs for teachers across
disciplines and at all grade levels.
``(2) History education programs.
``(3) Civics and government education programs.
``(4) Economic and financial literacy education
programs.
``(5) Geography education programs.
``(6) Foreign Language education programs.
``(7) Music and the arts education programs.
``(8) Gifted and talented programs.
``(9) Reading and book distribution programs,
including pediatric early literacy programs that engage
parents.
``(10) Educational and instructional video
programming (including early literacy programming) for
a public telecommunications entity.
``(b) Priority.--In awarding a contract to an eligible
educational entity under this section, the Secretary shall give
priority to an entity that provides support to the eligible
entities receiving a grant under this subpart or eligible
entities receiving a grant under the subpart 1 or 2 to develop
instructional systems that provide--
``(1) a systematic and coherent combination of
instructional materials;
``(2) embedded formative and interim assessments;
``(3) professional development;
``(4) information on student learning; and
``(5) academic interventions based on cognitive
science and content-area knowledge and are aligned with
college- and career-ready standards.
``SEC. 5440. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $250,000,000 for fiscal year 2016 and such sums as may
be necessary for each succeeding fiscal year.
``Subpart 4--Transforming Education Through Technology Grants
``SEC. 5441. PURPOSES.
``The purposes of this subpart are to--
``(1) improve the achievement, academic growth, and
college-and-career readiness of students who have
developed the ability to think critically, apply
knowledge to solve complex problems, work
collaboratively, communicate effectively, be self-
directed, and be responsible digital citizens;
``(2) ensure all students have access to
individualized, rigorous, and engaging digital learning
experiences;
``(3) ensure that educators have the knowledge and
skills to develop and implement digital learning
curriculum, use technology effectively in order to
personalize and strengthen instruction, and effectively
create, deliver, and utilize assessments to measure
student outcomes and support student success;
``(4) ensure that administrators have the leadership,
management, knowledge, and skills to design, develop,
and implement a school or local educational agency-wide
digital age learning environment; and
``(5) improve the efficiency and productivity of
education through technology.
``SEC. 5442. E-RATE RESTRICTION.
``Funds awarded under this subpart may be used to address the
networking needs of a recipient of such funds for which the
recipient is eligible to receive support under the E-rate
program, except that such funds may not be duplicative of
support received by the recipient under the E-rate program.
``SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING.
``Nothing in this subpart shall be construed to permit a
recipient of funds under this subpart to purchase goods or
services using such funds without ensuring that the purchase is
free of any conflict of interest between such recipient, or any
partner of such recipient, and the person or entity receiving
such funds.
``SEC. 5444. DEFINITIONS.
``In this subpart:
``(1) Digital learning.--The term `digital learning'
means any instructional practice that effectively uses
technology to strengthen a student's learning
experience and encompasses a wide spectrum of tools and
practices, including--
``(A) interactive learning resources that
engage students in academic content;
``(B) access to online databases and other
primary source documents;
``(C) the use of data to personalize learning
and provide targeted supplementary instruction;
``(D) student collaboration with content
experts and peers;
``(E) online and computer-based assessments;
``(F) digital content, adaptive, and
simulation software or courseware,
``(G) online courses, online instruction, or
digital learning platforms;
``(H) mobile and wireless technologies for
learning in school and at home;
``(I) learning environments that allow for
rich collaboration and communication;
``(J) authentic audiences for learning in a
relevant, real world experience;
``(K) teacher participation in virtual
professional communities of practice; and
``(L) hybrid or blended learning, which
occurs under direct instructor supervision at a
school or other location away from home and, at
least in part, through online delivery of
instruction with some element of student
control over time, place, path, or pace.
``(2) Eligible technology.--The term `eligible
technology' means modern information, computer, and
communication technology hardware, software, services,
or tools, including computer or mobile hardware devices
and other computer and communications hardware,
software applications, systems and platforms, and
digital and online content, courseware, and online
instruction and other online services and supports,
including technology that is interoperable and is in
accordance with principles of universal design for
learning, as described in section 5429(b)(21).
``(3) Students with disabilities.--The term `students
with disabilities' means students with disabilities as
defined under the Individuals with Disabilities
Education Act and section 504 of the Rehabilitation Act
of 1973.
``(4) Student technology literacy.--The term `student
technology literacy' means student knowledge and skills
in using contemporary information, communication, and
learning technologies in a manner necessary for
successful employment, lifelong learning, and
citizenship in the knowledge-based, digital, and global
21st century, including, at a minimum, the ability to--
``(A) effectively communicate and
collaborate;
``(B) analyze and solve problems;
``(C) access, evaluate, manage, and create
information and otherwise gain information
literacy;
``(D) demonstrate creative thinking,
construct knowledge, and develop innovative
products and processes; and
``(E) carry out the activities described in
subparagraphs (A) through (D) in a safe and
ethical manner.
``(5) Technology readiness survey.--The term
`technology readiness survey' means a survey completed
by a local educational agency that provides
standardized information comparable to the information
collected through the technology readiness survey
administered under the Race to the Top Assessment
program under section 14006 of division A of the
American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) on the quantity and types of technology
infrastructure and access available to the students
served by the local educational agency, including
computer devices, Internet connectivity, operating
systems, related network infrastructure, data systems,
and--
``(A) requiring--
``(i) an internal review of the
degree to which instruction, additional
student support, and professional
development is delivered in digital
formats, media, and platforms and is
available to students and educators at
any time;
``(ii) an internal review of the
ability of educators to use assessments
and other student data to personalize
and strengthen instruction and identify
professional development needs and
priorities; and
``(iii) any other information
required by the State educational
agency serving the local educational
agency; and
``(B) may include an assessment of local
community needs to ensure students have
adequate on-line access and access to devices
for school-related work during out-of-school
time.
``SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under
section 5451, the Secretary shall award State Grants for
Technology Readiness and Access (in this title referred to as
`grants') to State educational agencies to strengthen State and
local technological infrastructure and professional development
that supports digital learning through State activities under
section 5447(c) and local activities under section 5448(c).
``(b) Grants to State Educational Agencies.--
``(1) Reservations.--From the amounts appropriated
under section 5451 for any fiscal year, the Secretary
shall reserve--
``(A) three-fourths of 1 percent for the
Secretary of Interior to provide assistance
under this title for schools operated or funded
by the Bureau of Indian Education; and
``(B) 1 percent to provide assistance under
this title to the outlying areas.
``(2) Grants.--From the amounts appropriated under
section 106 for any fiscal year and remaining after the
Secretary makes reservations under paragraph (1), the
Secretary shall make a grant for the fiscal year to
each State educational agency with an approved
application under section 5446 in an amount that bears
the same relationship to such remainder as the amount
the State educational agency received under part A of
title I for such year bears to the amount all State
educational agencies with an approved application under
section 102 received under such part (20 U.S.C. 6311 et
seq.) for such year.
``(c) Minimum.--The amount of a grant to a State educational
agency under subsection (b)(2) for a fiscal year may not be
less than one-half of 1 percent of the total amount made
available for grants to all State educational agencies under
such subsection for such year.
``(d) Reallotment of Unused Funds.--If any State educational
agency does not apply for a grant under subsection (b)(2) for a
fiscal year, or does not use its entire grant under subsection
(b)(2) for such year, the Secretary shall reallot the amount of
the State educational agency's grant, or the unused portion of
the grant, to the remaining State educational agencies that use
their entire grant amounts under subsection (b)(2) for such
year.
``(e) Matching Funds.--
``(1) In general.--A State educational agency that
receives a grant under subsection (b)(2) shall provide
matching funds, from non-Federal sources, in an amount
equal to 20 percent of the amount of grant funds
provided to the State educational agency to carry out
the activities supported by the grant. Such matching
funds may be provided in cash or in-kind, except that
any such in-kind contributions shall be provided for
the purpose of supporting the State educational
agency's activities under section 104(c).
``(2) Waiver.--The Secretary may waive the matching
requirement under paragraph (1) for a State educational
agency that demonstrates that such requirement imposes
an undue financial hardship on the State educational
agency.
``SEC. 5446. STATE APPLICATIONS.
``(a) Application.--To receive a grant under section
5445(b)(2), a State educational agency shall submit to the
Secretary an application at such time and in such manner as the
Secretary may require and containing the information described
in subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include the following:
``(1) A description of the State Educational Agency's
long-term goals and strategies for improving student
academic achievement, including through student
technology literacy, through the effective use of
technology.
``(2) A description of how the State educational
agency will meet the following goals:
``(A) Use technology to ensure all students
achieve college-and-career readiness and
technology literacy, including by providing
high-quality education opportunities to
economically or geographically isolated student
populations.
``(B) Provide educators with the tools,
devices, content, and resources to--
``(i) significantly improve teaching
and learning, including support to
increase personalization for and
engagement of students in pursuit of
college-and-career readiness and
technology literacy; and
``(ii) develop and use assessments to
improve instruction, including
instruction consistent with the
principles of universal design for
learning, as described in section
5429(b)(21), and instruction for
students with disabilities and English-
language learners.
``(C) Ensure administrators and school
leaders have the flexibility and capacity to
develop and manage systems to carry out
activities described in subparagraphs (A) and
(B), and support administrators and school
leaders in utilizing technology to promote
equity and increase efficiency and
productivity.
``(D) Enable local educational agencies to
build the technological capacity and
infrastructure (including through local
purchasing of eligible technology), necessary
for the full implementation of on-line
assessments for all students, (including
students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of
data systems and eligible technology;
and
``(ii) carry out subparagraphs (A)
through (C).
``(3) A description of the results of the technology
readiness in the State as determined by local
educational agency responses to the technology
readiness survey, including--
``(A) the status of the ability of each local
educational agency served by the State
educational agency to meet the goals described
in section 104(b)(1);
``(B) an assurance that not less 90 percent
of the local educational agencies served by the
State educational agency have completed and
submitted the technology readiness survey to
the State educational agency; and
``(C) an assurance that the results of the
technology readiness survey for each such local
educational agency are made available to the
Secretary and the public through the Website of
the local educational agency.
``(4) A description of the plan for the State
educational agency to support each local educational
agency served by the State educational agency in
meeting the goals described in section 104(b)(1) not
later than 3 years after the local educational agency
completes the technology readiness survey by addressing
the readiness gaps identified in such survey.
``(5) A description of the State's process for the
adoption, acquisition, distribution, and use of
content, how the State will ensure integrity of such
processes, and how such processes support the goals
under paragraph (1) or how a State will change such
processes to support such goals, and how the State will
ensure content quality.
``(6) A description of how the State educational
agency will ensure its data systems and eligible
technology are interoperable.
``(7) An assurance that the State educational agency
will consider making content widely available through
open educational resources when making purchasing
decisions with funds received under this title.
``(8) A description of the State's student technology
literacy standards and the technology standards for
teachers and administrators, and an assurance that the
State's student technology literacy standards meet the
requirements of section 7(8).
``(9) An assurance that subgrant awards under section
104 will be carried out by the local educational agency
staff with responsibility for leadership, coordination,
and implementation of instructional and other classroom
technologies.
``(10) A description of how the State educational
agency will award subgrants to local educational
agencies under section 104.
``(11) A description of the process, activities,
performance measures, and outcomes in learning,
assessment, teaching, infrastructure, and communication
that the State educational agency will use to evaluate
the impact and effectiveness of the grant and subgrants
funds awarded under this subpart across the State and
in each local educational agency.
``(12) A description of how the State educational
agency will, in providing technical and other
assistance to local educational agencies, give priority
to the local educational agencies proposing to target
services to--
``(A) students in schools in need of support
and high-priority schools; and
``(B) schools with a high percentage of
students that are eligible for free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(13) A description of how the State educational
agency consulted with local educational agencies in the
development of the State educational agency's
application under this subsection.
``(14) An assurance that the State educational agency
will provide matching funds as required under section
101(e).
``(15) A description of how the State educational
agency will ensure that funds received under this title
is not duplicative of support received under the E-rate
program.
``(16) An assurance that the State educational
agency, in making awards under section 5448, to improve
equity of technology resources, will expend funds first
to local educational agencies that--
``(A) serve students in schools identified as
persistently low achieving or in need of
support to remedy resource inequities
identified in school improvement plans as
described in section 1116; or
``(B) serve schools with a high percentage of
students that are eligible for free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(17) An assurance that the State educational agency
will protect the privacy and safety of students and
teachers, consistent with requirements of section 444
of the General Education Provisions Act (20 U.S.C.
1232g) (commonly known as the `Family Educational
Rights and Privacy Act of 1974') and section 2441(a).
``SEC. 5447. STATE USE OF GRANT FUNDS.
``(a) Reservation for Subgrants to Support Technology
Infrastructure.--Each State educational agency that receives a
grant under section 101(b)(2) shall expend not less 90 percent
of the grant amount for each fiscal year to award subgrants to
local educational agencies in accordance with section 5448.
``(b) Reservation for State Activities.--
``(1) In general.--A State educational agency shall
reserve not more than 10 percent of the grant received
under section 101(b)(2) for the State activities
described in subsection (c).
``(2) Grant administration.--Of the amount reserved
by a State educational agency under paragraph (1), the
State educational agency may reserve not more than 1
percent or 3 percent, in the case of a State
educational agency awarding subgrants under section
104(a)(2), for the administration of the grant under
this title, except that a State educational agency that
forms a State purchasing consortium under subsection
(d)--
``(A) may reserve an additional 1 percent to
carry out the activities described in
subsection (d)(1); and
``(B) shall receive direct approval from the
local educational agencies receiving subgrants
under section 104(a) from the State educational
agency prior to reserving more than the
additional percentage authorized under
subparagraph (A) to carry out the activities
described in subsection (d)(1).
``(c) Priority.--In awarding subgrants under this subpart,
the State educational agency shall give priority to local
educational agencies proposing to target services to--
``(1) students in schools in need of support or high-
priority schools; and
``(2) schools with a high percentage or number of
students that are eligible for free or reduced price
lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(c) State Activities.--A State educational agency shall use
funds described in subsection (b) to carry out each of the
following:
``(1) Except for the awarding of subgrants in
accordance with section 104, activities described in
the State educational agency's application under
section 102(b).
``(2) Providing technical assistance to local
educational agencies to--
``(A) identify and address technology
readiness needs;
``(B) redesign curriculum and instruction,
improve educational productivity, and deliver
computer-based and online assessment;
``(C) use technology, consistent with the
principles of universal design for learning, as
described in section 5429(b)(21), to support
the learning needs of all students including
students with disabilities and English-language
learners;
``(D) support principals to have the
expertise to evaluate teachers' proficiency in
implementing digital tools for teaching and
learning; and
``(E) build capacity of individual school and
local educational agency leaders.
``(3) Developing or utilizing research-based or
innovative strategies for the delivery of specialized
or rigorous academic courses and curricula through the
use of technology, including digital learning
technologies and assistive technology.
``(4) Integrating and coordinating activities under
this title with other educational resources and
programs across the State.
``(5) Disseminating information, including making
publicly available on the Websites of the State
educational agency promising practices to improve
technology instruction, and acquiring and implementing
technology tools and applications.
``(6) Ensuring that teachers, paraprofessionals,
library and media personnel, specialized instructional
support personnel, and administrators possess the
knowledge and skills to use technology--
``(A) for curriculum redesign to change
teaching and learning and improve student
achievement;
``(B) for formative and summative assessment
administration, data analysis, and to
personalize learning;
``(C) to improve student technology literacy;
``(D) to expand the range of supports and
accommodations available to English-language
learners and students with disabilities; and
``(E) for their own ongoing professional
development and for access to teaching
resources and tools.
``(7) Coordinating with teacher and school leader
preparation programs to--
``(A) align digital learning teaching
standards; and
``(B) provide ongoing professional
development for teachers and school leaders
that is aligned to State student technology
standards and activities promoting college-and-
career readiness.
``(d) Purchasing Consortia.--
``(1) In general.--A State educational agency
receiving a grant under section 101(b)(2) may--
``(A) form a State purchasing consortium with
1 or more State educational agencies receiving
such a grant to carry out the State activities
described in clause, including purchasing
eligible technology;
``(B) encourage local educational agencies to
form local purchasing consortia under section
104(c)(4); and
``(C) promote pricing opportunities to local
educational agencies for the purchase of
eligible technology that are--
``(i) negotiated by the State
educational agency or the State
purchasing consortium of the State
educational agency; and
``(ii) available to such local
educational agencies.
``(2) Restrictions.--A State educational agency
receiving a grant under section 101(b)(2) may not--
``(A) except for promoting the pricing
opportunities described in paragraph (1)(C),
make recommendations to local educational
agencies for or require use of any specific
commercial products and services by local
educational agencies;
``(B) require local educational agencies to
participate in a State purchasing consortia or
local purchasing consortia; or
``(C) use more than the reservation amount
authorized for the administration of the grant
under subsection (b) to carry out the
activities described in paragraph (1), unless
the State educational agency receives approval
in accordance with subsection (b)(2)(B).
``SEC. 5448. LOCAL SUBGRANTS.
``(a) Subgrants.--
``(1) Grants to local educational agencies.--From the
grant funds provided under section 101(b)(2) to a State
educational agency that are remaining after the State
educational agency makes reservations under section
104(b) for any fiscal year and subject to paragraph
(2), the State educational agency shall award subgrants
for the fiscal year to local educational agencies
served by the State educational agency and with an
approved application under subsection (b) by allotting
to each such local educational agency an amount that
bears the same relationship to the remainder as the
amount received by the local educational agency under
part A of title I for such year bears to the amount
received by all such local educational agencies under
such part for such year, except that no local
educational agency may receive less than $5,000.
``(2) Competitive grants to local educational
agencies.--If the amount of funds appropriated under
section 5459 is less than $750,000,000 for any fiscal
year, a State educational agency--
``(A) shall not award subgrants under
paragraph (1); and
``(B) shall--
``(i) award subgrants, on a
competitive basis, to local educational
agencies based on the quality of
applications submitted under (b),
including--
``(I) the level of technology
readiness as determined by the
technology readiness surveys
completed by local educational
agencies submitting such
applications; and
``(II) the technology plans
described in subsection (b)(3)
and how the local educational
agencies with such plans will
carry out the alignment and
coordination described in such
subsection; and
``(ii) ensure that such subgrants are
of sufficient size and scope to carry
out the local activities described in
subsection (c).
``(3) Definition of local educational agency for
certain fiscal years.--For purposes of awarding
subgrants under paragraph (2), the term `local
educational agency' means--
``(A) a local educational agency;
``(B) an educational service agency; or
``(C) a local educational agency and an
educational service agency.
``(b) Application.--A local educational agency that desires
to receive a subgrant under subsection (a) shall submit an
application to the State at such time, in such manner, and
accompanied by such information as the State educational agency
may require, including--
``(1) a description of how the local educational
agency will--
``(A) carry out the goals described in
subparagraphs (A) through (C) of section
101(b)(1); and
``(B) enable schools served by the agency to
build the technological capacity and
infrastructure (including through local
purchasing of eligible technology), necessary
for the full implementation of on-line
assessments for all students (including
students with disabilities and English-language
learners) and to--
``(i) ensure the interoperability of
data systems and eligible technology;
and
``(ii) carry out the goals described
in subparagraphs (A) through (C) of
section 101(b)(1); and
``(C) align activities funded under this
subpart with school improvement plans, when
applicable, described under section 1116(b)(3);
``(2) a description of the results of the technology
readiness survey completed by the local educational
agency and a description of the plan for the local
educational agency to meet the goals described in
paragraph (1) within 3 years of completing the survey;
``(3) a description of the local educational agency's
technology plan to carry out paragraphs (1) and (3) and
how the agency will align and coordinate the activities
under this section with other activities across the
local educational agency;
``(4) a description of the team of educators that
will coordinate and carry out the activities under this
section, including individuals with responsibility and
expertise in instructional technology, teachers that
specialize in supporting students with disabilities and
English-language learners, school leaders, technology
officers, and staff responsible for assessments and
data analysis;
``(5) a description of how the local educational
agency will evaluate teachers' proficiency and progress
in implementing technology for teaching and learning;
``(6) a description of how the local educational
agency will ensure that principals have the expertise
to evaluate teachers' proficiency and progress in
implementing technology for teaching and learning and
the interoperability of data systems and eligible
technology;
``(7) a description of the local educational agency's
procurement process and process for the creation,
acquisition, distribution, and use of content, how the
local educational agency will ensure integrity of such
processes, and how such processes support the goals
described in paragraph (1) or how a local educational
agency will change such processes to support such
goals, and how the local educational agency will ensure
content quality;
``(8) a description of how the local educational
agency will carry out activities under subsection (c);
``(9) a description of how the subgrant funds
received under subsection (a) will be coordinated with
and supported by other Federal, State, and local funds
to support activities under this title;
``(10) a description of how the local educational
agency will ensure that the subgrant received under
subsection (a) is not duplicative of support received
under the E-rate program; and
``(11) an assurance that the local educational agency
will protect the privacy and safety of students and
teachers, consistent with requirements section 444 of
the General Education Provisions Act (20 U.S.C. 1232g)
(commonly known as the `Family Educational Rights and
Privacy Act of 1974') and section 2441(a).
``(c) Use of Funds.--
``(1) Technology infrastructure.--Subject to
paragraph (3), a local educational agency receiving a
subgrant under subsection (a) shall use not less than
35 percent of such funds to support activities for the
acquisition of eligible technology needed to--
``(A) except for the activities described in
paragraph (2), carry out activities described
in the application submitted under subsection
(b), including purchasing devices, equipment,
and software applications, and improving
connectivity to and within schools; and
``(B) address readiness shortfalls identified
under the technology readiness survey completed
by the local educational agency.
``(2) Professional development for digital
learning.--Subject to paragraph (3), a local
educational agency receiving a subgrant under
subsection (a)--
``(A) shall use not less than 40 percent of
such funds to carry out--
``(i) digital age professional
development opportunities for teachers,
paraprofessionals, library and media
personnel, specialized instructional
support personnel, technology
coordinators, and administrators in the
effective use of modern information and
communication technology tools and
digital resources to deliver
instruction, curriculum and school
classroom management, including for
classroom teachers to assess, support,
and provide engaging student learning
opportunities, including professional
development that--
``(I) is ongoing,
sustainable, and scalable;
``(II) is participatory;
``(III) includes
communication and regular
interactions with instructors,
facilitators, and peers and is
directly related to up-to-date
teaching methods in content
areas;
``(IV) includes strategies
and tools for improving
communication with parents and
family engagement;
``(V) may be built around
active professional learning
communities or online
communities of practice or
other tools that increase
collaboration among teachers
across schools, local
educational agencies, or
States; and
``(VI) may contain on-demand
components, such as
instructional videos, training
documents, or learning modules;
``(ii) ongoing professional
development in strategies, pedagogy,
and assessment in the core academic
subjects that involve the use of
technology and curriculum redesign as
key components of supporting effective,
innovative teaching and learning, and
improving student achievement;
``(iii) ongoing professional
development in the use of educational
technologies to ensure every educator
achieves and maintains technology
literacy, including possessing and
maintaining the knowledge and skills to
use technology--
``(I) across the curriculum
for student learning;
``(II) for real-time data
analysis and online or digital
assessment to enable
individualized instruction; and
``(III) to develop and
maintain student technology
literacy;
``(iv) ongoing professional
development for school leaders to
provide and promote leadership in the
use of--
``(I) educational technology
to ensure a digital-age
learning environment, including
the capacity to lead the reform
or redesign of curriculum,
instruction, assessment; and
``(II) data through the use
of technology in order to
increase student learning
opportunity, student technology
literacy, student access to
technology, and student
engagement in learning; and
``(v) a review of the effectiveness
of the professional development and
regular intervals of learner feedback
and data; and
``(B) may use such funds for--
``(i) the use of technology coaches
to work directly with teachers,
including through the preparation of
teachers as technology leaders or
master teachers--
``(I) who are provided with
the means to serve as experts
and to create professional
development opportunities for
other teachers in the effective
use of technology; and
``(II) who may leverage
technologies, such as distance
learning and online virtual
educator-to-educator peer
communities, as a means to
support ongoing, participatory
professional growth around the
integration of effective
educational technologies;
``(ii) innovative approaches to
ongoing professional development such
as non-standard achievement recognition
strategies, including digital badging,
gamification elements, use of learner-
created learning objects, integration
of social and professional networking
tools, rating and commenting on
learning artifacts, and personalization
of professional development; and
``(iii) any other activities required
to carry out the local educational
agency's technology plan described in
subsection (b)(4).
``(3) Modification of funding allocations.--A State
educational agency may authorize a local educational
agency to modify the percentage of the local
educational agency's subgrant funds required to carry
out the activities described in paragraphs (1) or (2)
if the local educational agency demonstrates that such
modification will assist the local educational agency
in more effectively carrying out such activities.
``(4) Purchasing consortia.--Local educational
agencies receiving subgrants under subsection (a) may--
``(A) form a local purchasing consortia with
other such local educational agencies to carry
out the activities described in this
subsection, including purchasing eligible
technology; and
``(B) use such funds for purchasing eligible
technology through a State purchasing consortia
under section 103(d).
``SEC. 5449. REPORTING.
``(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under section 104 shall submit to
the State educational agency that awarded such subgrant an
annual report the meets the requirements of subsection (c).
``(b) State Educational Agencies.--Each State educational
agency receiving a grant under section 101(b)(2) shall submit
to the Secretary an annual report that meets the requirements
of subsection (c).
``(c) Report Requirements.--A report submitted under
subsection (a) or (b) shall include, at a minimum, a
description of--
``(1) the status of the State education agency's plan
described in section 102(b)(3) or local educational
agency's technology plan under section 104(b)(4), as
applicable;
``(2) the categories of eligible technology acquired
and types of programs funded under this title and how
such technology is being used;
``(3) the professional development activities funded
under this title, including types of activities and
entities involved in providing such professional
development; and
``(4) information on the impact of the grant on
students and student outcomes, such as--
``(A) the number of and demographic
information about students who are served under
this subpart;
``(B) student achievement, student growth,
and graduation rates of such students;
``(C) college-and-career readiness data about
such students, such as rates of credit
accumulation, course taking and completion, and
college enrollment and persistence;
``(D) student attendance and participation
rates;
``(E) student engagement and discipline;
``(F) school climate and teacher working
conditions;
``(G) increases in inclusion of students with
disabilities and English-language learners; and
``(H) such other information the Secretary
may require or other information State
educational agencies or local educational
agencies served under this subpart propose to
include, as approved by the Secretary.
``SEC. 5450. INVESTING IN INNOVATION.
``From the amounts appropriated under section 5459, the
Secretary may reserve up to 30 percent to--
``(1) fund the identification, development,
evaluation, and expansion of innovative, evidence-based
practices, programs, and strategies in order to
significantly--
``(A) increase student academic achievement
and decrease achievement gaps;
``(B) increase secondary school graduation
rates;
``(C) increase college enrollment rates,
rates of college persistence, and rates of
attainment of other post-secondary credentials;
``(D) improve teacher and principal
effectiveness or retention of highly effective
teachers or principals; and
``(E) increase the identification and
dissemination of innovative educational
strategies in rural areas; and
``(2) support the rapid development, expansion, and
adoption of tools and resources that improve the
efficiency, effectiveness, or pace of adoption of such
educational practices, programs, and strategies.
``SEC. 5451. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT AGENCY-
EDUCATION.
``(a) Program Established.--From the amounts appropriated
under section 5459, the Secretary may reserve up to 5 percent
to--
``(1) establish and carry out the Advanced Research
Projects Agency-Education (in this section referred to
as `ARPA-ED)' to--
``(A) identify and promote advances in
learning, fundamental and applied sciences, and
engineering that may be translated into new
learning technologies;
``(B) develop, test, and evaluate new
learning technologies and related processes;
and
``(C) accelerate transformational
technological advances in education;
``(2) convene an advisory panel under subsection (d);
and
``(3) carry out the evaluation and dissemination
requirements under subsection (e).
``(b) Appointments.--
``(1) Director.--ARPA-ED shall be under the direction
of the Director of ARPA-ED, who shall be appointed by
the Secretary.
``(2) Qualified individuals.--The Secretary shall
appoint, for a term of not more than 4 years, qualified
individuals who represent scientific, engineering,
professional, and other personnel with expertise in
carrying out the activities described in this section
to positions in ARPA-ED, at rates of compensation
determined by the Secretary, without regard to the
provisions of title 5, United States Code, except that
such rates of compensation shall not to exceed the rate
for level I of the Executive Schedule under section
5312 of such title.
``(c) Functions of ARPA-ED.--Upon consultation with the
advisory panel convened under subsection (d), the Secretary
shall select public and private entities to carry out the
activities described in subsection (a)(1) by--
``(1) awarding such entities grants, contracts,
cooperative agreements, or cash prizes; or
``(2) entering into such other transactions with such
entities as the Secretary may prescribe in regulations.
``(d) Advisory Panel.--
``(1) In general.--The Secretary shall convene an
advisory panel to advise and consult with the
Secretary, Director, and the qualified individuals
appointed under subsection (b)(2) on--
``(A) ensuring that the awards made and
transaction entered into under subsection (c)
are consistent with the purposes described in
subsection (a)(1); and
``(B) ensuring the relevance, accessibility,
and utility of such awards and transactions to
education practitioners.
``(2) Appointment of members.--The Secretary shall
appoint the following qualified individuals to serve on
the advisory panel:
``(A) Education practitioners.
``(B) Experts in technology.
``(C) Specialists in rapid gains in student
achievement and school turnaround.
``(D) Specialists in personalized learning.
``(E) Researchers, including at least one
representative from a comprehensive center
established under 203 of the Educational
Technical Assistance Act of 2002 (20 U.S.C.
9602) or the regional laboratories system
established under section 174 of the Education
Sciences Reform Act (20 U.S.C. 9564).
``(F) Other individuals with expertise who
will contribute to the overall rigor and
quality of ARPA-ED.
``(3) Applicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
panel convened under this subsection and any appointee
to such panel shall not be considered an `employee'
under section 2105 of title 5, United States Code.
``(e) Evaluation and Dissemination.--
``(1) Evaluation.--The Secretary shall obtain
independent, periodic, and rigorous evaluation of--
``(A) the effectiveness of the processes
ARPA-Ed is using to achieve the purposes
described in subsection (a)(1);
``(B) the relevance, accessibility, and
utility of the awards made and transactions
entered into under subsection (c) to education
practitioners; and
``(C) the effectiveness of the projects
carried out through such awards and
transactions, using evidence standards
developed in consultation with the Institute of
Education Sciences, and the suitability of such
projects for further investment or increased
scale.
``(2) Dissemination and use.--The Secretary shall
disseminate information to education practitioners,
including teachers, principals, and local and State
superintendents, on effective practices and
technologies developed under ARPA-ED, as appropriate,
through--
``(A) the comprehensive centers established
under 203 of the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9602);
``(B) the regional laboratories system
established under section 174 of the Education
Sciences Reform Act (20 U.S.C. 9564); and
``(C) such other means as the Secretary
determines to be appropriate.
``(f) Administrative Requirements.--Notwithstanding section
437(d) of the General Education Provisions Act (20 U.S.C.
1232(d)), the Secretary shall establish such processes as may
be necessary for the Secretary to manage and administer ARPA-
ED, which are not constrained by other Department of Education-
wide administrative requirements that may prevent ARPA-ED from
carrying out the purposes described in subsection (a)(1).
``SEC. 5452. NATIONAL ACTIVITIES.
``(a) In General.--Subject to subsection (b), the Secretary
shall reserve not more than 10 percent of the funds reserved
under this section for each fiscal year to carry out activities
of national significance, which may include--
``(1) technical assistance, including to applicants
from rural areas;
``(2) pre-application workshops or web-based seminars
for potential applicants, including applicants from
rural areas;
``(3) the recruitment of peer reviewers, including
individuals with a background in rural education and
individuals with expertise in education technology, to
participate in the review of applications submitted
under section 5354;
``(4) dissemination of best practices, in
consultation with the regional educational laboratories
established under part D of the Education Sciences
Reform Act of 2002 (20 U.S.C. 9561 et seq.) and
comprehensive centers established under section 203 of
the Educational Technical Assistance Act of 2002 (20
U.S.C. 9602), developed with grant funds provided under
this part, including best practices developed with
grant funds in rural areas;
``(5) entering into partnerships with other agencies,
nonprofits, and the private sector to carry out
advanced research and development activities, including
research and activities in rural areas; and
``(6) carrying out prize awards, in a manner
consistent with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719).
``(b) Reservation of Funds for Dissemination.--The Secretary
shall reserve not less than 50 percent of the funds reserved
under this section to carry out the dissemination activities
described in subsection (a)(4).
``SEC. 5453. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.
``(a) Program Authorization.--From the amounts appropriated
under this section and not reserved under section 5452, the
Secretary shall award grants, on a competitive basis, to
eligible entities to carry out the activities described in
section 5455.
``(b) Duration of Grants.--The Secretary shall award grants
to eligible entities under this section for a period of not
more than 3 years, and may extend such grants for an additional
2-year period if the eligible entity demonstrates to the
Secretary that it is making significant progress on the program
performance measures identified in section 5456.
``(c) Rural Areas.--The Secretary shall ensure that not less
than 25 percent of the funds awarded under this section for any
fiscal year are for projects that meet both of the following
requirements:
``(1) The eligible entity is--
``(A) a local educational agency with an
urban-centric district locale code of 32, 33,
41, 42, or 43, as determined by the Secretary;
``(B) a consortium of such local educational
agencies; or
``(C) an educational service agency or a
nonprofit organization with demonstrated
expertise in serving students from rural areas.
``(2) A majority of the schools to be served by the
project are designated with a school locale code of 41,
42, or 43, or a combination of such codes, as
determined by the Secretary.
``(d) Support for New Practices, Strategies, or Programs.--
The Secretary shall ensure that not less than one-half of the
funds awarded under this section for any fiscal year are for
projects that--
``(1) meet an evidence standard described in
paragraph (2) or (3) of subsection (f); and
``(2) do not meet the evidence standard described in
paragraph (1) of subsection (f).
``(e) Priorities.--In awarding grants under this section, the
Secretary may give priority to an eligible entity that
includes, in its application under section 5354, a plan to--
``(1) improve early learning outcomes and academic
connections between early learning and elementary
school;
``(2) support college access, persistence, and
success;
``(3) support family and community engagement;
``(4) address the unique learning needs of students
with disabilities or English language learners;
``(5) support the effective use of education
technology to improve teaching and learning;
``(6) improve the teaching and learning of science,
technology, engineering, computing, or mathematics;
``(7) serve schools in rural local educational
agencies;
``(8) train teachers or principals to adopt and
implement college and career ready standards;
``(9) develop alternative career pathways or
differentiated school staffing models for effective
teachers or principals to expand their impact on
student learning;
``(10) train or support principals or teacher
leaders, including teacher leaders preparing for
principal roles;
``(11) support, improve, or develop any other area of
school innovation, as determined by the Secretary; and
``(12) address the learning needs of Indian, Native
American, Alaska Native, or migrant children in school.
``(f) Standards of Evidence.--The Secretary shall set
standards for the quality of evidence that an eligible entity
shall provide to demonstrate that the activities the eligible
entity proposes to carry out with grant funds under this
section are likely to succeed in improving student outcomes or
outcomes on other performance measures. These standards may
include any of the following:
``(1) Strong evidence that the activities proposed by
the eligible entity will have a statistically
significant effect on student academic achievement,
student growth, graduation rates, or outcomes on other
performance measures.
``(2) Moderate evidence that the activities proposed
by the eligible entity will improve student academic
achievement, student growth, graduation rates, or
outcomes on other performance measures.
``(3) Evidence of promise or a strong theory that the
activities proposed by the eligible entity will improve
student academic achievement, student growth,
graduation rates, or outcomes on other performance
measures.
``SEC. 5454. APPLICATIONS.
``(a) Applications.--An eligible entity that desires to
receive a grant under section 5453 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 application submitted by an eligible
entity under subsection (a) shall--
``(1) describe the project for which the eligible
entity is seeking a grant and how the evidence
supporting that project meets the standards of evidence
established by the Secretary under section 5453(f);
``(2) describe how the eligible entity will address
at least one of the areas described in section
5455(a)(1);
``(3) provide an estimate of the number of students
that the eligible entity plans to serve under the
proposed project, including the percentage of those
students who are from low-income families, and the
number of students to be served through additional
expansion after the grant ends;
``(4) demonstrate that the eligible entity has
established one or more partnerships with the private
sector, which may include philanthropic organizations,
and that the partner or partners will provide matching
funds, except that the Secretary may waive, on a case-
by-case basis, the matching funds requirement under
this paragraph upon a showing of exceptional
circumstances, such as the difficulty of raising
matching funds for a project to serve a rural area;
``(5) describe the eligible entity's plan for
continuing the proposed project after the grant funding
under section 5453 ends, including a plan for
dissemination of best practices and collaboration with
other local educational agencies;
``(6) demonstrate that the proposed project has
incorporated input and feedback from educators working
in the area to be served;
``(7) if the eligible entity is a local educational
agency--
``(A) document the local educational agency's
record in--
``(i) increasing student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v);
or
``(ii) decreasing achievement gaps;
and
``(B) demonstrate how the local educational
agency has made significant improvements in
other outcomes, as applicable, on the
performance measures described in section 5456;
``(8) if the eligible entity is a nonprofit
organization--
``(A) provide evidence that the nonprofit
organization has helped at least one high-need
school or high-need local educational agency
significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v);
``(ii) reduce achievement gaps; or
``(iii) increase graduation rates;
and
``(B) describe how the nonprofit organization
has helped at least 1 school or local
educational agency make a significant
improvement, as applicable, in other outcomes
on the performance measures described in
section 5456;
``(9) if the eligible entity is an educational
service agency--
``(A) provide evidence that the agency has
helped at least one high-need school or high-
need local educational agency significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v);
``(ii) reduce achievement gaps; or
``(iii) increase graduation rates;
and
``(B) describe how the agency has helped at
least 1 school or local educational agency make
a significant improvement, as applicable, in
other outcomes on the performance measures
described in section 5456;
``(10) provide a description of the eligible entity's
plan for independently evaluating the effectiveness of
activities carried out with funds under section 5453;
``(11) provide an assurance that the eligible entity
will--
``(A) cooperate with cross-cutting
evaluations;
``(B) make evaluation data available to third
parties for validation and further study
consistent with protections established by
applicable Federal, State, and local privacy
requirements and other on provisions on the
protection of personally identifiable
information; and
``(C) participate in communities of practice;
and
``(12) if the eligible entity is a nonprofit
organization that intends to make subgrants, consistent
with section 5455(b), provide an assurance that the
eligible entity will apply paragraphs (1) through (10),
as appropriate, in the eligible entity's selection of
subgrantees and in the oversight of such subgrants.
``(c) Criteria for Evaluating Applications.--The Secretary
shall award grants under section 5453 on a competitive basis,
based on the quality of the applications under this section
submitted and, consistent with the standards established under
section 5453(f), each eligible entity's likelihood of achieving
success in improving student outcomes or outcomes on other
performance measures.
``SEC. 5455. USES OF FUNDS.
``(a) Uses of Funds.--Each eligible entity that receives a
grant under section 5453--
``(1) shall use the grant funds to address, at a
minimum, one of the following areas of school
innovations:
``(A) Improving the effectiveness and
distribution of teachers or principals.
``(B) Strengthening the use of data to
improve teaching and learning.
``(C) Providing high-quality instruction
based on rigorous standards that build toward
college and career readiness and measuring
students' mastery using high-quality
assessments aligned to those standards.
``(D) Turning around the lowest-performing
schools.
``(E) Supporting the effective use of
technology to improve teaching or principals
and learning, including training teachers or
principals in the innovative use of technology.
``(F) Any other area of school innovation, as
determined by the Secretary;
``(2) shall use those funds to develop or expand
strategies to improve the performance of high-need
students on the performance measures described in
section 5456; and
``(3) may use the grant funds for an independent
evaluation, as required by section 5454(b)(9), of the
innovative practices carried out with the grant.
``(b) Authority to Subgrant.--In the case of an eligible
entity receiving a grant under section 5453 that is nonprofit
organization such eligible entity may use the grant funds to
make subgrants to other entities to provide support to one or
more high-need schools or high-need local educational agencies.
Any entity receiving a subgrant under this subsection shall
comply with the requirements of this part for eligible
entities, as appropriate.
``SEC. 5456. PERFORMANCE MEASURES.
``(a) In General.--The Secretary shall establish performance
measures for the projects carried out under this part. These
measures, at a minimum, shall track an eligible entity's
progress in--
``(1) improving outcomes for each subgroup described
in section 1111(b)(2)(C)(v) that is served by the
grantee on measures, including, as applicable, by--
``(A) increasing student achievement and
decreasing achievement gaps;
``(B) increasing secondary school graduation
rates;
``(C) increasing college enrollment rates and
rates of college persistence;
``(D) improving teacher and principal
effectiveness or the retention of highly
effective teachers or principals;
``(E) improving school readiness; or
``(F) any other indicator as the Secretary or
grantee may determine; and
``(2) implementing the eligible entity's project in
rural schools, as applicable.
``(b) Data Collection Period.--From the amounts appropriated
under this section, the Secretary may--
``(1) approve, for an eligible entity receiving a
grant under section 5453, a data collection period of
not more than 72 months beginning after the end of the
eligible entity's grant period; and
``(2) provide the eligible entity with funding during
such period for the sole purpose of collecting,
analyzing, and reporting performance information under
this subsection on the project carried out during the
grant period.
``SEC. 5457. ANNUAL REPORT.
``An eligible entity that receives a grant under section 5453
shall submit to the Secretary, at such time and in such manner
as the Secretary may require, an annual report that includes
information on--
``(1) the eligible entity's progress on the
performance measures established under section 5456;
and
``(2) the data supporting such progress.
``SEC. 5458. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) a local educational agency;
``(B) an educational service agencies; or
``(C) a nonprofit organization in partnership
with a local educational agency or consortium
of schools.
``(2) High-need local educational agency.--The term
`high-need local educational agency' means a local
educational agency--
``(A) that serves not fewer than 10,000
children from families with incomes below the
poverty line;
``(B) for which not less than 20 percent of
the children served by the agency are from
families with incomes below the poverty line;
or
``(C) that is in the highest quartile of
local educational agencies in the State, based
on student poverty.
``(3) High-need school.--The term `high-need school''
means--
``(A) an elementary school or middle school
in which not less than 50 percent of the
enrolled students are children eligible for
free or reduced price lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
``(B) a high school in which not less than 40
percent of the enrolled students are children
eligible for free or reduced price lunch under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), which may be
calculated using comparable data from feeder
schools.
``(4) Principal.--The term `principal' includes an
assistant principal.
``(5) Teacher.--The term `teacher' includes teacher
leaders.
``(6) Teacher leader.--The term `teacher leader'
means a teacher who has demonstrated effectiveness and
assumes leadership responsibilities to work with other
teachers to raise student achievement in multiple
classrooms.
``SEC. 5459. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
subpart $750,000,000 for fiscal year 2016 and such sums as may
be necessary for each of the 4 succeeding fiscal years.''.
(b) Repeal.--Part B of title I (20 U.S.C. 6361 et seq.) is
repealed.
Subtitle D--Family Engagement in Education Programs
SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.
Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by
adding at the end the following new part:
``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
``SEC. 5701. PURPOSES.
``The purposes of this part are the following:
``(1) To provide financial support to organizations
to provide technical assistance and training to State
and local educational agencies in the implementation
and enhancement of systemic and effective family
engagement policies, programs, and activities that lead
to improvements in student development and academic
achievement.
``(2) To assist State educational agencies, local
educational agencies, community-based organizations,
schools, and educators in strengthening partnerships
among parents, teachers, school leaders,
administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents
in developing and strengthening the relationship
between parents and their children's school in order to
further the developmental progress of children.
``(4) To coordinate activities funded under this part
with parent involvement initiatives funded under
section 1118 and other provisions of this Act.
``(5) To assist the Secretary, State educational
agencies, and local educational agencies in the
coordination and integration of Federal, State, and
local services and programs to engage families in
education.
``SEC. 5702. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4306, the Secretary is authorized to
award grants for each fiscal year to statewide organizations
(and consortia of such organizations and State educational
agencies), to establish Statewide Family Engagement Centers
that provide comprehensive training and technical assistance to
State educational agencies, local educational agencies, schools
identified by State educational agencies and local educational
agencies, organizations that support family-school
partnerships, and other organizations that carry out parent
education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this section,
the Secretary shall, to the extent practicable, ensure that a
grant is awarded for a Statewide Family Engagement Center in an
amount not less than $500,000.
``SEC. 5703. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a
consortium of such an organization and a State educational
agency, that desires a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
including the information described in subsection (b).
``(b) Contents.--Each application submitted under subsection
(a) shall include, at a minimum, the following:
``(1) A description of the applicant's approach to
family engagement in education.
``(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the
applicant will have from the applicant, including a
letter from the applicant outlining the commitment to
work with the center.
``(3) A description of the applicant's plan for
building a statewide infrastructure for family
engagement in education, that includes--
``(A) management and governance;
``(B) statewide leadership; and
``(C) systemic services for family engagement
in education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and
support to State educational agencies, local
educational agencies, schools, educators, parents, and
organizations on family engagement in education
policies and practices that are effective for parents
(including low-income parents) and families, English
learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students, including evaluation results, reporting, or
other data exhibiting such demonstrated experience.
``(5) An assurance that the applicant will--
``(A) establish a special advisory committee,
the membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special
advisory committee;
``(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children;
``(iii) representatives of local
elementary schools and secondary
schools, including students;
``(iv) representatives of the
business community; and
``(v) representatives of State
educational agencies and local
educational agencies;
``(B) use not less than 65 percent of the
funds received under this part in each fiscal
year to serve local educational agencies,
schools, and community-based organizations that
serve high concentrations of disadvantaged
students, including English learners,
minorities, parents of students with
disabilities, parents of homeless students,
foster parents and students, and parents of
migratory students;
``(C) operate a Statewide Family Engagement
Center of sufficient size, scope, and quality
to ensure that the Center is adequate to serve
the State educational agency, local educational
agencies, and community-based organizations;
``(D) ensure that the Center will retain
staff with the requisite training and
experience to serve parents in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family
Engagement Centers assisted under this
part; and
``(ii) parent training and
information centers and community
parent resource centers assisted under
sections 671 and 672 of the Individuals
with Disabilities Education Act;
``(G) use not less than 30 percent of the
funds received under this part for each fiscal
year to establish or expand technical
assistance for evidence-based parent education
programs;
``(H) provide assistance to State educational
agencies and local educational agencies and
community-based organizations that support
family members in supporting student academic
achievement;
``(I) work with State educational agencies,
local educational agencies, schools, educators,
and parents to determine parental needs and the
best means for delivery of services to address
such needs; and
``(J) conduct sufficient outreach to assist
parents, including parents who the applicant
may have a difficult time engaging with a
school or local educational agency.
``SEC. 5704. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received
under this part, based on the needs determined under section
4303(b)(5)(I), to provide training and technical assistance to
State educational agencies, local educational agencies, and
organizations that support family-school partnerships, and
activities, services, and training for local educational
agencies, school leaders, educators, and parents--
``(1) to assist parents in participating effectively
in their children's education and to help their
children meet college and career ready standards, such
as assisting parents--
``(A) to engage in activities that will
improve student academic achievement, including
understanding how they can support learning in
the classroom with activities at home and in
afterschool and extracurricular programs;
``(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
``(C) to become active participants in the
development, implementation, and review of
school-parent compacts, family engagement in
education policies, and school planning and
improvement;
``(D) to participate in the design and
provision of assistance to students who are not
making academic progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use
technology applied in their children's
education;
``(2) to develop and implement, in partnership with
the State educational agency, statewide family
engagement in education policy and systemic initiatives
that will provide for a continuum of services to remove
barriers for family engagement in education and support
school reform efforts; and
``(3) to develop, implement, and assess parental
involvement policies under sections 1112 and 1118.
``(b) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year for which an organization or
consortium receives assistance under this section, the
organization or consortium shall demonstrate in the application
that a portion of the services provided by the organization or
consortium is supported through non-Federal contributions,
which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not
more than 2 percent of the funds appropriated under section
4306 to carry out this part to provide technical assistance, by
grant or contract, for the establishment, development, and
coordination of Statewide Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center
from--
``(1) having its employees or agents meet with a
parent at a site that is not on school grounds; or
``(2) working with another agency that serves
children.
``(e) Parental Rights.--Notwithstanding any other provision
of this section--
``(1) no person (including a parent who educates a
child at home, a public school parent, or a private
school parent) shall be required to participate in any
program of parent education or developmental screening
under this section; and
``(2) no program or center assisted under this
section shall take any action that infringes in any
manner on the right of a parent to direct the education
of their children.
``SEC. 5705. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the
Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian or
Indian-serving nonprofit parent organizations to establish and
operate Family Engagement Centers.
``SEC. 5706. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $30,000,000 for fiscal year 2016 and such sums as may be
necessary for subsequent fiscal years.''.
Subtitle E--Fast Track to College
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Fast Track to College Act
of 2013''.
SEC. 532. PURPOSE.
The purpose of this subtitle is to increase secondary school
graduation rates and the percentage of students who complete a
recognized postsecondary credential by the age of 26, including
among low-income students and students from other populations
underrepresented in higher education.
SEC. 533. DEFINITIONS.
For purposes of this subtitle:
(1) Dual enrollment program.--The term ``dual
enrollment program'' means an academic program through
which a secondary school student is able simultaneously
to earn credit toward a secondary school diploma and a
postsecondary degree or credential.
(2) Early college high school.--The term ``early
college high school'' means a secondary school that
provides a course of study that enables a student to
earn a secondary school diploma and either an
associate's degree or one to two years of postsecondary
credit toward a postsecondary degree or credential.
(3) Educational service agency.--The term
``educational service agency'' has the meaning given
such term in section 9101(17) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(17)).
(4) Eligible entity.--The term ``eligible entity''
means a local educational agency, which may be an
educational service agency, in a collaborative
partnership with an institution of higher education.
Such partnership also may include other entities, such
as a nonprofit organization with experience in youth
development.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(6) Local educational agency.--The term ``local
educational agency'' has the meaning given such term in
section 9101(26) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(26)).
(7) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(8) Low-income student.--The term ``low-income
student'' means a student described in section
1113(a)(5) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5)).
SEC. 534. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
(a) In General.--To carry out this subtitle, there are
authorized to be appropriated $150,000,000 for fiscal year 2014
and such sums as may be necessary for each of fiscal years 2015
through 2019.
(b) Early College High Schools.--The Secretary shall reserve
not less than 45 percent of the funds appropriated under
subsection (a) to support early college high schools under
section 535.
(c) Dual Enrollment Programs.--The Secretary shall reserve
not less than 45 percent of such funds to support dual
enrollment programs (other than early college high schools)
under section 535.
(d) State Grants.--The Secretary shall reserve 10 percent of
such funds, or $10,000,000, whichever is less, for grants to
States under section 539.
SEC. 535. AUTHORIZED PROGRAM.
(a) In General.--The Secretary is authorized to award 6-year
grants to eligible entities seeking to establish a new, or
support an existing, early college high school or other dual
enrollment program in accordance with section 536.
(b) Grant Amount.--The Secretary shall ensure that grants are
of sufficient size to enable grantees to carry out all required
activities and otherwise meet the purposes of this subtitle,
except that a grant under this section may not exceed
$2,000,000.
(c) Matching Requirement.--
(1) In general.--An eligible entity shall contribute
matching funds toward the costs of the early college
high school or other dual enrollment program to be
supported under this section, of which not less than
half shall be from non-Federal sources, which funds
shall represent not less than the following:
(A) Twenty percent of the grant amount
received in each of the first and second years
of the grant.
(B) Thirty percent in each of the third and
fourth years.
(C) Forty percent in the fifth year.
(D) Fifty percent in the sixth year.
(2) Determination of amount contributed.--The
Secretary shall allow an eligible entity to satisfy the
requirement of this subsection through in-kind
contributions.
(d) Supplement, Not Supplant.--An eligible entity shall use a
grant received under this section only to supplement funds that
would, in the absence of such grant, be made available from
non-Federal funds for support of the activities described in
the eligible entity's application under section 537, and not to
supplant such funds.
(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to applicants--
(1) that propose to establish or support an early
college high school or other dual enrollment program
that will serve a student population of which 0 percent
or more are students counted under section 1113(a)(5)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6313(a)(5)); and
(2) from States that provide assistance to early
college high schools or other dual enrollment programs,
such as assistance to defray the costs of higher
education (including costs of tuition, fees, and
textbooks).
(f) Geographic Distribution.--The Secretary shall, to the
maximum extent practicable, ensure that grantees are from a
representative cross-section of urban, suburban, and rural
areas.
SEC. 536. USES OF FUNDS.
(a) Mandatory Activities.--An eligible entity shall use grant
funds received under section 535 to support the activities
described in its application under section 537, including the
following:
(1) Planning year.--In the case of a new early
college high school or dual enrollment program, during
the first year of the grant--
(A) hiring a principal and staff, as
appropriate;
(B) designing the curriculum and sequence of
courses in collaboration with (at a minimum)
teachers from the local educational agency and
faculty from the partner institution of higher
education;
(C) informing parents and the community about
the school or program and opportunities to
become actively involved in the school or
program;
(D) establishing a course articulation
process for defining and approving courses for
secondary school and postsecondary credit or
credential;
(E) outreach programs to ensure that
secondary school students and their families
are aware of the early college high school or
dual enrollment program;
(F) liaison activities among partners in the
eligible entity; and
(G) coordinating secondary and postsecondary
support services, academic calendars, and
transportation.
(2) Implementation period.--During the remainder of
the grant period--
(A) academic and social support services,
including counseling;
(B) liaison activities among partners in the
eligible entity;
(C) data collection and use of such data for
student and instructional improvement and
program evaluation;
(D) outreach programs to ensure that
secondary school students and their families
are aware of the early college high school or
dual enrollment program;
(E) professional development, including joint
professional development for secondary school
and faculty from the institution of higher
education; and
(F) school or program design and planning
team activities, including curriculum
development.
(b) Allowable Activities.--An eligible entity may also use
grant funds received under section 535 otherwise to support the
activities described in its application under section 537,
including--
(1) purchasing textbooks and equipment that support
the school or program's curriculum;
(2) developing learning opportunities for students
that complement classroom experiences, such as
internships, career-based capstone projects, and
opportunities provided under chapters 1 and 2 of
subpart 2 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a-11 et seq.);
(3) transportation; and
(4) planning time for secondary school and educators
from an institution of higher education to collaborate.
SEC. 537. APPLICATION.
(a) In General.--To receive a grant under section 535, an
eligible entity shall submit to the Secretary an application at
such time, in such manner, and including such information as
the Secretary determines to be appropriate.
(b) Contents of Application.--At a minimum, the application
described in subsection (a) shall include a description of--
(1) the early college high school's or other dual
enrollment program's budget;
(2) each partner in the eligible entity and its
experience with early college high schools or other
dual enrollment programs, key personnel from each
partner and their responsibilities for the early
college high school or dual enrollment program, and how
the eligible entity will work with secondary and
postsecondary teachers, other public and private
entities, community-based organizations, businesses,
labor organizations, and parents to ensure that
students will be prepared to succeed in postsecondary
education and employment, which may include the
development of an advisory board;
(3) how the eligible entity will target and recruit
at-risk youth, including those at risk of dropping out
of school, first generation college students, and
students from populations described in section
1111(b)(2)(C)(v)(II) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II));
(4) a system of student supports including, but not
limited to, small group activities, tutoring, literacy
and numeracy skill development in all academic
disciplines, parental and community outreach and
engagement, extended learning time, and college
readiness activities, such as early college academic
seminars and counseling;
(5) in the case of an early college high school, how
a graduation and career plan will be developed,
consistent with State graduation requirements, for each
student and reviewed each semester;
(6) how parents or guardians of students in the early
college high school or dually enrolled students will be
informed of their academic performance and progress
and, subject to paragraph (5), involved in the
development of their career and graduation plan;
(7) coordination that will occur between the
institution of higher education and the local
educational agency, including regarding academic
calendars, provision of student services, curriculum
development, and professional development;
(8) how the eligible entity will ensure that teachers
in the early college high school or other dual
enrollment program receive appropriate professional
development and other supports, including to enable
them to utilize effective parent and community
engagement strategies, and help English-language
learners, students with disabilities, and students from
diverse cultural backgrounds to succeed;
(9) learning opportunities for students that
complement classroom experiences, such as internships,
career-based capstone projects, and opportunities
provided under chapters 1 and 2 of subpart 2 of part A
of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a-11 et seq.);
(10) how policies, agreements, and courses taken will
ensure that postsecondary credits earned will be
transferable to, at a minimum, public institutions of
higher education within the State, consistent with
existing statewide articulation agreements;
(11) student assessments and other measurements of
student achievement including benchmarks for student
achievement;
(12) outreach programs to provide elementary and
secondary school students, especially those in middle
grades, and their parents, teachers, school counselors,
and principals information about and academic
preparation for the early college high school or other
dual enrollment program;
(13) how the local educational agency and institution
of higher education will work together, as appropriate,
to collect and use data for student and instructional
improvement and program evaluation;
(14) how the eligible entity will help students meet
eligibility criteria for postsecondary courses and
ensure that students understand how their credits will
transfer; and
(15) how the eligible entity will access and leverage
additional resources necessary to sustain the early
college high school or other dual enrollment program
after the grant expires, including by engaging
businesses and non-profit organizations.
(c) Assurances.--An eligible entity's application under
subsection (a) shall include assurances that--
(1) in the case of an early college high school, the
majority of courses offered, including postsecondary
courses, will be offered at facilities of the
institution of higher education;
(2) students will not be required to pay tuition or
fees for postsecondary courses;
(3) postsecondary credits earned will be transcribed
upon completion of the requisite course work; and
(4) faculty teaching postsecondary courses meet the
normal standards for faculty established by the
institution of higher education.
(d) Waiver.--The Secretary may waive the requirement of
subsection (c)(1) upon a showing that it is impractical to
apply due to geographic considerations.
SEC. 538. PEER REVIEW.
(a) Peer Review of Applications.--The Secretary shall
establish peer review panels to review applications submitted
pursuant to section 537 to advise the Secretary regarding such
applications.
(b) Composition of Peer Review Panels.--The Secretary shall
ensure that each peer review panel is not comprised wholly of
full-time officers or employees of the Federal Government and
includes, at a minimum--
(1) experts in the establishment and administration
of early college high schools or other dual enrollment
programs from the secondary and postsecondary
perspective;
(2) faculty at institutions of higher education and
secondary school teachers with expertise in dual
enrollment; and
(3) experts in the education of at-risk students.
SEC. 539. GRANTS TO STATES.
(a) In General.--The Secretary is authorized to award 5-year
grants to State agencies responsible for secondary or
postsecondary education for efforts to support or establish
early college high schools or other dual enrollment programs.
(b) Grant Amount.--The Secretary shall ensure that grants are
of sufficient size to enable grantees to carry out all required
activities.
(c) Matching Requirement.--A State shall contribute matching
funds from non-Federal sources toward the costs of carrying out
activities under this section, which funds shall represent not
less than 50 percent of the grant amount.
(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to States that provide assistance
to early college high schools or other dual enrollment
programs, such as assistance to defray the costs of higher
education, such as tuition, fees, and textbooks.
(e) Application.--To receive a grant under this section, a
State agency shall submit to the Secretary an application at
such time, in such manner, and including such information as
the Secretary determines to be appropriate.
(f) Contents of Application.--At a minimum, the application
described in subsection (e) shall include--
(1) how the State will carry out all of the required
State activities described in subsection (g);
(2) how the State will identify and eliminate
barriers to implementing effective early college high
schools and dual enrollment programs after the grant
expires, including by engaging businesses and non-
profit organizations;
(3) how the State will access and leverage additional
resources necessary to sustain early college high
schools or other dual enrollment programs; and
(4) such other information as the Secretary
determines to be appropriate.
(g) State Activities.--A State receiving a grant under this
section shall use such funds for--
(1) creating outreach programs to ensure that
secondary school students, their families, and
community members are aware of early college high
schools and dual enrollment programs in the State;
(2) planning and implementing a statewide strategy
for expanding access to early college high schools and
dual enrollment programs for students who are
underrepresented in higher education to raise statewide
rates of secondary school graduation, readiness for
postsecondary education, and completion of
postsecondary degrees and credentials, with a focus on
at-risk students, including identifying any obstacles
to such a strategy under State law or policy;
(3) providing technical assistance to early college
high schools and other dual enrollment programs, such
as brokering relationships and agreements that forge a
strong partnership between elementary and secondary and
postsecondary partners;
(4) identifying policies that will improve the
effectiveness and ensure the quality of early college
high schools and dual enrollment programs, such as
access, funding, data and quality assurance,
governance, accountability and alignment policies;
(5) planning and delivering statewide training and
peer learning opportunities for school leaders and
teachers from early college high schools and dual
enrollment programs, which may include providing
instructional coaches who offer on-site guidance;
(6) disseminating best practices in early college
high schools and dual enrollment programs from across
the State and from other States; and
(7) facilitating statewide data collection, research
and evaluation, and reporting to policymakers and other
stakeholders.
SEC. 540. REPORTING AND OVERSIGHT.
(a) Reporting by Grantees.--
(1) In general.--The Secretary shall establish
uniform guidelines for all grantees concerning
information such grantees annually shall report to the
Secretary to demonstrate a grantee's progress toward
achieving the goals of this subtitle.
(2) Contents of report.--At a minimum, the report
described in paragraph (1) shall include, for eligible
entities receiving funds under section 535, for
students participating in the early college high school
or other dual enrollment program within each category
of students described in section 1111(h)(1)(C)(i) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C.6311(h)(1)(C)(i)):
(A) The number of students.
(B) The percentage of students scoring
advanced, proficient, basic, and below basic on
the assessments described in section 1111(b)(3)
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(3)).
(C) The performance of students on other
assessments or measurements of achievement.
(D) The number of secondary school credits
earned.
(E) The number of postsecondary credits
earned.
(F) Attendance rate, as appropriate.
(G) Graduation rate.
(H) Placement in postsecondary education or
advanced training, in military service, and in
employment.
(I) A description of the school or program's
student, parent, and community outreach and
engagement.
(b) Reporting by Secretary.--The Secretary annually shall
compile and analyze the information described in subsection (a)
and shall submit a report containing such analysis to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives. The report shall include identification of
best practices for achieving the goals of this subtitle.
(c) Monitoring Visits.--The Secretary's designee shall visit
each grantee at least once for the purpose of helping the
grantee achieve the goals of this subtitle and to monitor the
grantee's progress toward achieving such goals.
(d) National Evaluation.--Not later than 6 months after the
date on which funds are appropriated to carry out this
subtitle, the Secretary shall enter into a contract with an
independent organization to perform an evaluation of the grants
awarded under this subtitle. Such evaluation shall apply
rigorous procedures to obtain valid and reliable data
concerning participants' outcomes by social and academic
characteristics and monitor the progress of students from
secondary school to and through postsecondary education.
(e) Technical Assistance.--The Secretary shall provide
technical assistance to eligible entities concerning best
practices in early college high schools and dual enrollment
programs and shall disseminate such best practices among
eligible entities and State and local educational agencies.
SEC. 541. RULES OF CONSTRUCTION.
(a) Employees.--Nothing in this subtitle shall be construed
to alter or otherwise affect the rights, remedies, and
procedures afforded to the employees of local educational
agencies (including schools) or institutions of higher
education 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.
(b) Graduation Rate.--A student who graduates from an early
college high school supported under this subtitle in the
standard number of years for graduation described in the
eligible entity's application shall be considered to have
graduated on time for purposes of section 1111(b)(2)(C)(6) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(6)).
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.
Title VI (20 U.S.C. 7301 et seq.), as amended by section
110(b), is further amended by amending section 6234--
(1) by striking ``fiscal year 2002'' and inserting
``fiscal year 2016''; and
(2) by striking ``, to be distributed equally between
subparts 1 and 2''.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 701. IN GENERAL.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) by striking ``Bureau of Indian Affairs'' each
place it appears and inserting ``Bureau of Indian
Education'';
(2) by striking ``No Child Left Behind Act of 2001''
each place it appears and insert ``Student Success
Act''; and
(3) in sections 7152, 7205(c), and 7304(d)(1), by
striking ``fiscal year 2002'' each place it appears and
inserting ``fiscal year 2016''.
Subtitle A--Indian Education
SEC. 711. PURPOSE.
Section 7102 (20 U.S.C. 7402) is amended to read as follows:
``SEC. 7102. PURPOSE.
``It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to ensure the academic achievement of American
Indian and Alaska Native students by meeting their
unique cultural, language, and educational needs,
consistent with section 1111(c);
``(2) to ensure that Indian and Alaska Native
students gain knowledge and understanding of Native
communities, languages, tribal histories, traditions,
and cultures; and
``(3) to ensure that principals, teachers, and other
staff who serve Indian and Alaska Native students have
the ability to provide culturally appropriate and
effective instruction to such students.''.
PART 1--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 721. FORMULA GRANT PURPOSE.
Section 7111 (20 U.S.C. 7421) is amended to read as follows:
``SEC. 7111. PURPOSE.
``(a) Purpose.--It is the purpose of this subpart to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to improve the academic achievement of American Indian and
Alaska Native students by meeting their unique cultural,
language, and educational needs.
``(b) Programs.--This subpart carries out the purpose
described in subsection (a) by authorizing programs of direct
assistance for--
``(1) meeting the unique educational and culturally
related academic needs of Indians and Alaska Natives;
``(2) strengthening American Indian, Native Hawaiian,
and Alaska Native students' knowledge of their
languages, history, traditions, and cultures;
``(3) the education of Indian children and adults;
``(4) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
``(5) research, evaluation, data collection, and
technical assistance.''.
SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND INDIAN
ORGANIZATIONS.
Section 7112 (20 U.S.C. 7422) is amended--
(1) in subsection (a), by striking ``and Indian
tribes'' and inserting ``, Indian tribes, and Indian
organizations'';
(2) in subsection (b)(2), by striking ``a
reservation'' and inserting ``an Indian reservation'';
and
(3) by striking subsection (c) and inserting the
following:
``(c) Indian Tribes and Indian Organizations.--
``(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a committee under section 7114(c)(5)
for such grant, an Indian tribe, an Indian
organization, or a consortium of such entities, that
represents more than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
``(2) Unaffiliated indian tribes.--An Indian tribe
that operates a school and is not affiliated with
either the local educational agency or the Bureau of
Indian Education shall be eligible to apply for a grant
under this subpart.
``(3) Special rule.--
``(A) In general.--The Secretary shall treat
each Indian tribe, Indian organization, or
consortium of such entities applying for a
grant pursuant to paragraph (1) or (2) as if
such tribe, Indian organization, or consortium
were a local educational agency for purposes of
this subpart.
``(B) Exceptions.--Notwithstanding
subparagraph (A), such Indian tribe, Indian
organization, or consortium shall not be
subject to the requirements of subsections
(b)(7) or (c)(5) of section 7114 or section
7118(c) or 7119.
``(4) Assurance to serve all indian children.--An
Indian tribe, Indian organization, or consortium of
such entities that is eligible to apply for a grant
under paragraph (1) shall include, in the application
required under section 7114, an assurance that the
entity will use the grant funds to provide services to
all Indian students served by the local educational
agency.
``(d) Indian Community-based Organization.--
``(1) In general.--If no local educational agency
pursuant to subsection (b), and no Indian tribe, Indian
organization, or consortium pursuant to subsection (c),
applies for a grant under this subpart, an Indian
community-based organization serving the community of
the local educational agency may apply for such grant.
``(2) Applicability of special rule.--The Secretary
shall apply the special rule in subsection (c)(3) to a
community-based organization applying or receiving a
grant under paragraph (1) in the same manner as such
rule applies to an Indian tribe, Indian organization,
or consortium.
``(3) Definition of indian community-based
organization.--In this subsection, the term `Indian
community-based organization' means any organization
that--
``(A) is composed primarily of Indian parents
and community members, tribal government
education officials, and tribal members from a
specific community;
``(B) assists in the social, cultural, and
educational development of Indians in such
community;
``(C) meets the unique cultural, language,
and academic needs of Indian students; and
``(D) demonstrates organizational capacity to
manage the grant.
``(e) Consortia.--
``(1) In general.--A local educational agency, Indian
tribe, or Indian organization that meets the
eligibility requirements under this section may form a
consortium with other eligible local educational
agencies, Indian tribes, or Indian organizations for
the purpose of obtaining grants and operating programs
under this subpart.
``(2) Requirements for local educational agencies in
consortia.--In any case where 2 or more local
educational agencies that are eligible under subsection
(b) form or participate in a consortium to obtain a
grant, or operate a program, under this subpart, each
local educational agency participating in such a
consortium shall--
``(A) provide, in the application submitted
under section 7114, an assurance that the
eligible Indian children served by such local
educational agency will receive the services of
the programs funded under this subpart; and
``(B) agree to be subject to all
requirements, assurances, and obligations
applicable to a local educational agency
receiving a grant under this subpart.''.
SEC. 723. AMOUNT OF GRANTS.
Section 7113(b) (20 U.S.C. 7423(b)) is amended--
(1) in paragraph (1), by striking ``$3,000'' and
inserting ``$10,000'';
(2) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(3) in paragraph (2), as so redesignated, by striking
``$4,000'' and inserting ``$15,000''.
SEC. 724. APPLICATIONS.
(a) In General.--Section 7114 (20 U.S.C. 7424) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``is
consistent with'' and inserting
``supports''; and
(II) by inserting ``,
tribal,'' after ``State''; and
(ii) in subparagraph (B), by striking
``such goals'' and all that follows
through the semicolon at the end and
inserting ``such goals, to ensure such
students meet the same college and
career ready State academic achievement
standards under section 1111(b) for all
children;'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon; and
(ii) by adding at the end the
following:
``(C) the parents of Indian children, and
representatives of Indian tribes, on the
committee described in subsection (c)(5) will
participate in the planning of the professional
development materials;'';
(C) in paragraph (6)--
(i) in subparagraph (B)--
(I) by adding at the end the
following:
``(iii) the Indian tribes whose
children are served by the local
educational agency; and''; and
(ii) in subparagraph (C), by striking
the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(7) describes--
``(A) the formal process the local
educational agency used to collaborate with
Indian tribes located in the community in the
development of the comprehensive programs; and
``(B) the actions taken as a result of the
collaboration.'';
(2) in subsection (c)--
(A) in paragraph (2), by adding at the end
the following:
``(A) determine the extent to which such
activities address the unique cultural,
language, and educational needs of Indian
students;'';
(B) in paragraph (3)(C), by inserting
``representatives of Indian tribes with
reservations located within 50 miles of any of
the schools that have Indian children in any
such school,'' after ``Indian children and
teachers'';
(C) in paragraph (4)(A)--
(i) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv),
respectively; and
(ii) by inserting the following after
clause (i):
``(ii) representatives of Indian
tribes with reservations located within
50 miles of any of the schools that
have children in any such school;''.
(D) in subparagraph (4)(B), by adding ``or
representatives of Indian tribes described in
subparagraph (A)(ii)'' after ``children''; and
(E) in subparagraph (4)(D)--
(i) by striking ``; and'' at the end
of clause (i); and
(ii) by adding at the end the
following:
``(iii) determined that the program
will directly enhance the educational
experience of Indian and Alaska Native
students; and''; and
(3) by adding at the end the following:
``(d) Outreach.--The Secretary shall monitor the applications
for grants under this subpart to identify eligible local
educational agencies and schools operated by the Bureau of
Indian Education that have not applied for such grants, and
shall undertake appropriate outreach activities to encourage
and assist eligible entities to submit applications for such
grants.''.
SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES.
Section 7115 (20 U.S.C. 7425) is amended--
(1) in subsection (b)--
(A) by inserting before paragraph (2) the
following:
``(1) activities that support Native American
language immersion programs and Native American
language restoration programs,'';
(B) in paragraph (3), by striking
``challenging State academic content and
student academic achievement standards'' and
inserting ``college and career ready State
academic content and student academic
achievement standards under section 1111(b)'';
(C) by striking paragraph (4) and inserting
the following:
``(4) integrated educational services in combination
with other programs to meet the unique needs of Indian
children and their families, including programs that
promote parental involvement--
``(A) in school activities; and
``(B) to increase student achievement;'';
(D) by striking paragraph (6) and inserting
the following:
``(6) activities that educate individuals so as to
prevent violence, suicide, and substance abuse;'';
(E) by striking paragraph (9) and inserting
the following:
``(9) activities that incorporate culturally and
linguistically relevant curriculum content into
classroom instruction that is responsive to the unique
learning styles of Indian and Alaska Native children,
and ensures that children are better able to meet the
college and career ready State academic achievement
standards under section 1111(b);''; and
(F) in paragraph (11) by striking
``children,'' and all that follows through the
period and inserting ``children;''; and
(G) by adding at the end the following:
``(12) dropout prevention strategies for Indian and
Alaska Native students; and
``(13) strategies to meet the educational needs of
at-risk Indian students in correctional facilities,
including such strategies that support Indian and
Alaska Native students who are transitioning from such
facilities to schools served by local educational
agencies.''.
(2) in subsection (c) by adding at the end the
following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide
program will produce benefits to the Indian students
that would not be achieved if the funds were not used
in a schoolwide program.''.
SEC. 726. STUDENT ELIGIBILITY FORMS.
Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as
follows:
``(e) Documentation and Types of Proof.--
``(1) Types of proof.--For purposes of determining
whether a child is eligible to be counted for the
purpose of computing the amount of a grant award under
section 7113, the membership of the child, or any
parent or grandparent of the child, in a tribe or band
of Indians (as so defined) may be established by proof
other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of
such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment
number.
``(2) No new or duplicate determinations.--Once a
child is determined to be an Indian eligible to be
counted for such grant award, the local educational
agency shall maintain a record of such determination
and shall not require a new or duplicate determination
to be made for such child for a subsequent application
for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this
section on the day before the date of enactment of the
Student Success Act and that met the requirements of
this section, as this section was in effect on the day
before the date of enactment of such Act, shall remain
valid for such Indian student.''.
SEC. 727. TECHNICAL ASSISTANCE.
Subpart 1 of part A of title VII is amended by adding at the
end the following new section:
``SEC. 7120. TECHNICAL ASSISTANCE.
``The Secretary shall, directly or through contract, provide
technical assistance to a local educational agency upon
request, in addition to any technical assistance available
under section 1116 or available through the Institute of
Education Sciences, to support the services and activities
described under this section, including for the--
``(1) development of applications under this section;
``(2) improvement in the quality of implementation,
content of activities, and evaluation of activities
supported under this subpart;
``(3) integration of activities under this title with
other educational activities established by the local
educational agency; and
``(4) coordination of activities under this title
with programs administered by each Federal agency
providing grants for the provision of educational and
related services.''.
SEC. 728. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN.
Section 7121(c)(1)(G) (20 U.S.C. 7441(c)(1)(G)) is amended to
read as follows:
``(G) high-quality early childhood education
programs that support children's school
readiness, including kindergarten and
prekindergarten programs, family-based
preschool programs, and the provision of
services to Indian children with
disabilities;''.
PART 2--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
Section 7122 (20 U.S.C. 7442) is amended--
(1) in subsection (a), by striking paragraphs (1) and
(2) and inserting the following:
``(1) to increase the number of qualified and
effective Indian teachers and administrators serving
Indian students;
``(2) to provide training to qualified Indian
individuals to become teachers, administrators, social
workers, and other educators; and'';
(2) by striking subsection (e) and inserting the
following:
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. At a
minimum, an application under this section shall describe how
the eligible entity will--
``(1) recruit qualified Indian individuals, such as
students who may not be of traditional college age, to
become teachers or principals;
``(2) use funds made available under the grant to
support the recruitment, preparation, and professional
development of Indian teachers or principals in local
educational agencies that serve a high proportion of
Indian students; and
``(3) assist participants in meeting the requirements
under subsection (h).''; and
(4) by striking subsection (g) and inserting the
following:
``(g) Grant Period.--The Secretary shall award grants under
this section for an initial period of not more than 3 years,
and may renew such grants for not more than an additional 2
years if the Secretary finds that the grantee is achieving the
objectives of the grant.''.
PART 3--NATIONAL ACTIVITIES
SEC. 741. NATIONAL ACTIVITIES.
Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by
striking ``Office of Indian Education Programs'' and inserting
``Bureau of Indian Education''.
SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH NATIVE
AMERICAN LANGUAGE.
Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) is
amended by striking sections 7132 through 7136 and inserting
the following:
``SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH
NATIVE AMERICAN LANGUAGE.
``(a) Purpose.--It is the purpose of this section to improve
educational opportunities and academic achievement of Indian
and Alaska Native students through Native American language
programs and to foster the acquisition of Native American
language.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education), or a consortium of such
entities.
``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out the
following activities:
``(1) Native American language programs that--
``(A) provide instruction through the use of
a Native American language for not less than 10
children for an average of not less than 500
hours per year per student;
``(B) provide for the involvement of parents,
caregivers, and families of students enrolled
in the program;
``(C) utilize, and may include the
development of, instructional courses and
materials for learning Native American
languages and for instruction through the use
of Native American languages;
``(D) provide support for professional
development activities; and
``(E) include a goal of all students
achieving--
``(i) fluency in a Native American
language; and
``(ii) academic proficiency in
mathematics, English, reading or
language arts, and science.
``(2) Native American language restoration programs
that--
``(A) provide instruction in not less than 1
Native American language;
``(B) provide support for professional
development activities for teachers of Native
American languages;
``(C) develop instructional materials for the
programs; and
``(D) include the goal of increasing
proficiency and fluency in not less than 1
Native American language.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
``(2) Certification.--An eligible entity that submits
an application for a grant to carry out the activity
specified in subsection (c)(1), shall include in such
application a certification that assures that such
entity has experience and a demonstrated record of
effectiveness in operating and administering a Native
American language program or any other educational
program in which instruction is conducted in a Native
American language.
``(e) Grant Duration.--The Secretary shall award grants under
this section for an initial period of not more than 3 years,
and may renew such grants for not more than an additional 2
years if the Secretary finds that the grantee is achieving the
objectives of the grant.
``(f) Definition.--In this section, the term `average' means
the aggregate number of hours of instruction through the use of
a Native American language to all students enrolled in a Native
American language program during a school year divided by the
total number of students enrolled in the program.
``(g) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of the funds provided to a
grantee under this section for any fiscal year may be
used for administrative purposes.
``(2) Exception.--An elementary school or secondary
school for Indian students that receives funds from a
recipient of a grant under subsection (c) for any
fiscal year may use not more than 10 percent of the
funds for administrative purposes.
``SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY COLLABORATION.
``The Secretary, in consultation with the Director of the
Bureau of Indian Education, shall conduct a study of the
relationship among State educational agencies, local
educational agencies, and other relevant State and local
agencies, and tribes or tribal representatives to--
``(1) identify examples of best practices in
collaboration among those entities that result in the
provision of better services to Indian students; and
``(2) provide recommendations on--
``(A) State educational agency functions that
tribal educational agencies could perform;
``(B) areas and agency functions in which
greater State educational agency and tribal
education agency collaboration is needed; and
``(C) other steps to reducing barriers to
serving Indian students, especially such
students who are at risk of academic
failure.''.
Subtitle B--Native Hawaiian Education; Alaska Native Education
SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE EDUCATION.
Title VII (20 U.S.C. 7401 et seq.) is amended--
(1) in the heading of part B, by inserting ``; ALASKA
NATIVE EDUCATION'' after ``NATIVE HAWAIIAN EDUCATION'';
and
(2) by inserting before section 7201 the following:
``Subpart 1--Native Hawaiian Education''.
SEC. 752. FINDINGS.
Section 7202 (20 U.S.C. 7512) is amended to read as follows:
``SEC. 7202. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, and many
other countries.
``(2) Native Hawaiians have a cultural, historic, and
land-based link to the indigenous people who exercised
sovereignty over the Hawaiian Islands.
``(3) The political status of Native Hawaiians is
comparable to that of American Indians and Alaska
Natives.
``(4) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in many
Federal statutes, including--
``(A) the Native American Programs Act of
1974 (42 U.S.C. 2991 et seq.);
``(B) Public Law 95-341 (commonly known as
the `American Indian Religious Freedom Act' (42
U.S.C. 1996));
``(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
``(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
``(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
``(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
``(H) the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); and
``(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
``(5) Many Native Hawaiian students lag behind other
students in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on
education achievement tests at all grade
levels;
``(C) underrepresentation in the uppermost
achievement levels and in gifted and talented
programs;
``(D) overrepresentation among students
qualifying for special education programs;
``(E) underrepresentation in institutions of
higher education and among adults who have
completed 4 or more years of college.
``(6) The percentage of Native Hawaiian students
served by the State of Hawaii Department of Education
rose 30 percent from 1980 to 2008, and there are and
will continue to be geographically rural, isolated
areas with a high Native Hawaiian population density.
``(7) The Native Hawaiian people are determined to
preserve, develop, and transmit to future generations
their ancestral territory and their cultural identity
in accordance with their own spiritual and traditional
beliefs, customs, practices, language, and social
institutions.''.
SEC. 753. PURPOSES.
Section 7203 (20 U.S.C. 7513) is amended to read as follows:
``SEC. 7203. PURPOSES.
``The purposes of this part are--
``(1) to develop, implement, assess, and evaluate
innovative educational programs to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet State academic content and
achievement standards as described in section 1111(b);
``(2) to provide guidance to appropriate Federal,
State, and local agencies to more effectively and
efficiently focus resources, including resources made
available under this part, on the development and
implementation of--
``(A) innovative educational programs for
Native Hawaiians;
``(B) rigorous and substantive Native
Hawaiian language programs; and
``(C) Native Hawaiian culture-based
educational programs; and
``(3) to create a system by which information from
programs funded under this part will be collected,
analyzed, evaluated, reported, and used in
decisionmaking activities regarding the types of grants
awarded under this part.''.
SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
Section 7204 (20 U.S.C. 7514) is amended to read as follows:
``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to carry out the purposes
of this part the Secretary shall award a grant to an education
council, as described under subsection (b).
``(b) Education Council.--
``(1) Eligibility.--To be eligible to receive the
grant under subsection (a), the council shall be an
education council (referred to in this section as the
`Education Council') that meets the requirements of
this subsection.
``(2) Composition.--The Education Council shall
consist of 15 members of whom--
``(A) 1 shall be the President of the
University of Hawaii (or a designee);
``(B) 1 shall be the Governor of the State of
Hawaii (or a designee);
``(C) 1 shall be the Superintendent of the
State of Hawaii Department of Education (or a
designee);
``(D) 1 shall be the chairperson of the
Office of Hawaiian Affairs (or a designee);
``(E) 1 shall be the executive director of
Hawaii's Charter School Network (or a
designee);
``(F) 1 shall be the chief executive officer
of the Kamehameha Schools (or a designee);
``(G) 1 shall be the chairperson of the Queen
Liliuokalani Trust (or a designee);
``(H) 1 shall be a member, selected by the
other members of the Education Council, who
represents a private grant-making entity;
``(I) 1 shall be the Mayor of the County of
Hawaii (or a designee);
``(J) 1 shall be the Mayor of Maui County (or
a designee from the Island of Maui);
``(K) 1 shall be the Mayor of the County of
Kauai (or a designee);
``(L) 1 shall be appointed by the Mayor of
Maui County from the Island of either Molokai
or Lanai;
``(M) 1 shall be the Mayor of the City and
County of Honolulu (or a designee);
``(N) 1 shall be the chairperson of the
Hawaiian Homes Commission (or a designee); and
``(O) 1 shall be the chairperson of the
Hawaii Workforce Development Council (or a
designee representing the private sector).
``(3) Requirements.--Any designee serving on the
Education Council shall demonstrate, as determined by
the individual who appointed such designee with input
from the Native Hawaiian community, not less than 5
years of experience as a consumer or provider of Native
Hawaiian education or cultural activities, with
traditional cultural experience given due
consideration.
``(4) Limitation.--A member (including a designee),
while serving on the Education Council, shall not be a
recipient of grant funds that are awarded under this
part.
``(5) Term of members.--A member who is a designee
shall serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall
select a Chair and a Vice Chair from among the
members of the Education Council.
``(B) Term limits.--The Chair and Vice Chair
shall each serve for a 2-year term.
``(7) Administrative provisions relating to education
council.--The Education Council shall meet at the call
of the Chair of the Council, or upon request by a
majority of the members of the Education Council, but
in any event not less often than every 120 days.
``(8) No compensation.--None of the funds made
available through the grant may be used to provide
compensation to any member of the Education Council or
member of a working group established by the Education
Council, for functions described in this section.
``(c) Use of Funds.--The Education Council shall use funds
made available through the grant to carry out each of the
following activities:
``(1) Providing advice about the coordination of, and
serving as a clearinghouse for, the educational
services and programs for Native Hawaiians.
``(2) Providing direction and guidance, such as
through the issuance of reports and recommendations, to
appropriate Federal, State, and local agencies in order
to focus and improve the use of resources relating to
Native Hawaiian education.
``(3) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees
under this part;
``(4) assessing and evaluating the individual and
aggregate impact of grants and activities funded under
this part and how well they meet the needs of Native
Hawaiians, including information and data about--
``(A) the effectiveness of such grantees in
meeting the educational priorities established
by the Education Council, as described in
paragraph (6)(D), using metrics related to
these priorities; and
``(B) the effectiveness of such grantees in
carrying out any of the activities described in
section 7205(c) that are related to the
specific goals and purposes of each grantee's
grant project, using metrics related to these
priorities;
``(5) assess and define the educational needs of
Native Hawaiians; and
``(6) may use funds to hire an executive director to
enable the Council to carry out the activities
described in this subsection.
``(e) Use of Funds for Community Consultations.--The
Education Council shall use funds made available though the
grant under subsection (a) to hold not less than 1 community
consultation each year on each of the islands of Hawaii, Maui,
Molokai, Lanai, Oahu, and Kauai, at which--
``(1) not less than 3 members of the Education
Council shall be in attendance;
``(2) the Education Council shall gather community
input regarding--
``(A) current grantees under this part, as of
the date of the consultation;
``(B) priorities and needs of Native
Hawaiians; and
``(C) other Native Hawaiian education issues;
and
``(3) the Education Council shall report to the
community on the outcomes of the activities supported
by grants awarded under this part.
``(f) Reports.--
``(1) Annual education council report.--The Education
Council shall use funds made available through the
grant under this section to prepare and submit to the
Secretary, before the end of each calendar year, annual
reports that contain--
``(A) a description of the activities of the
Education Council during the preceding calendar
year;
``(B) recommendations of the Education
Council, if any, regarding priorities to be
established under section 7205(b);
``(C) significant barriers to achieving the
goals under this subpart;
``(D) a summary of each community
consultation session, as described in
subsection (d); and
``(E) recommendations to establish funding
priorities based on an assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services
currently available to address such
needs, including the effectiveness of
such programs in improving educational
performance of Native Hawaiians; and
``(iii) priorities for funding in
specific geographic communities.
``(2) Report by the secretary.--Not later than 2
years after the date of enactment of the Student
Success Act, the Secretary shall prepare and submit to
the Committee on Indian Affairs of the Senate and the
authorizing committees a report that--
``(A) summarizes the annual reports of the
Education Council;
``(B) describes the allocation and use of
funds under this subpart and the information
gathered since the first annual report
submitted by the Education Council to the
Secretary under this section; and
``(C) contains recommendations for changes in
Federal, State, and local policy to advance the
purposes of this subpart.
``(g) Funding.--For each fiscal year, the Secretary shall use
the amount described in section 7206(d)(2), to make a payment
under the grant. Funds made available through the grant shall
remain available until expended.''.
SEC. 755. GRANT PROGRAM AUTHORIZED.
Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as
follows:
``SEC. 7205. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs
that meet the purposes of this part, the Secretary is
authorized to award grants to, or enter into contracts with--
``(1) Native Hawaiian educational organizations;
``(2) Native Hawaiian community-based organizations;
``(3) public and private nonprofit organizations,
agencies, and institutions with experience in
developing or operating Native Hawaiian education and
workforce development programs or programs of
instruction in the Native Hawaiian language;
``(4) charter schools; or
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into
contracts under this part, the Secretary shall give priority
to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described
under section 7204(d)(6)(E);
``(2) programs designed to improve the academic
achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to
help such students meet State academic content and
achievement standards as described in Section 1111(b)
including the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian culture-
based educational practices; and
``(3) programs in which a local educational agency,
institution of higher education, or a State educational
agency apply for a grant or contract as part of a
partnership or consortium with a nonprofit entity
serving underserved communities within the Native
Hawaiian population.
``(c) Authorized Activities.--Activities provided through
programs carried out under this part may include--
``(1) the development and maintenance of a statewide
Native Hawaiian early education system to provide a
continuum of high-quality early learning services for
Native Hawaiian children;
``(2) the operation of family-based education centers
that provide such services as--
``(A) programs for Native Hawaiian parents
and students;
``(B) early education programs for Native
Hawaiians; and
``(C) research on, and development and
assessment of, family-based, early childhood,
and preschool programs for Native Hawaiians;
``(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language
among Native Hawaiian students;
``(4) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(A) the identification of such students and
their needs;
``(B) the provision of support services to
the families of such students; and
``(C) other activities consistent with the
requirements of the Individuals with
Disabilities Education Act;
``(5) activities that address the special needs of
Native Hawaiian students who are gifted and talented,
including--
``(A) educational, psychological, and
developmental activities designed to assist in
the educational progress of such students; and
``(B) activities that involve the parents of
such students in a manner designed to assist in
the educational progress of such students;
``(6) the development of academic and vocational
curricula to address the needs of Native Hawaiian
students, including curricular materials in the
Hawaiian language and mathematics and science curricula
that incorporate Native Hawaiian tradition and culture;
``(7) professional development activities for
educators, including--
``(A) the development of programs to prepare
prospective teachers to address the unique
needs of Native Hawaiian students within the
context of Native Hawaiian culture, language,
and traditions;
``(B) in-service programs to improve the
ability of teachers who teach in schools with
high concentrations of Native Hawaiian students
to meet the unique needs of such students; and
``(C) the recruitment and preparation of
Native Hawaiians, and other individuals who
live in communities with a high concentration
of Native Hawaiians, to become teachers;
``(8) the operation of community-based learning
centers that address the needs of Native Hawaiian
students, parents, families, and communities through
the coordination of public and private programs and
services, including--
``(A) early education programs;
``(B) before, after, and Summer school
programs, expanded learning time, or weekend
academies;
``(C) career and technical education
programs; and
``(D) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate
appropriately qualified Native Hawaiian elders
and seniors;
``(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and
career ready including--
``(A) family literacy services;
``(B) counseling, guidance, and support
services for students; and
``(C) professional development activities
designed to help educators improve the college
and career readiness of Native Hawaiian
students;
``(10) research and data collection activities to
determine the educational status and needs of Native
Hawaiian children and adults;
``(11) other research and evaluation activities
related to programs carried out under this part; and
``(12) other activities, consistent with the purposes
of this part, to meet the educational needs of Native
Hawaiian children and adults.
``(d) Additional Activities.--Notwithstanding any other
provision of this part, funds made available to carry out this
section as of the day before the date of enactment of the
Student Success Act shall remain available until expended. The
Secretary may use such funds to support the following:
``(1) The repair and renovation of public schools
that serve high concentrations of Native Hawaiian
students.
``(2) The perpetuation of, and expansion of access
to, Hawaiian culture and history, such as through
digital archives.
``(3) Informal education programs that promote
traditional Hawaiian knowledge, science, astronomy, and
the environment through State museums or learning
centers.
``(4) Public charter schools serving high
concentrations of Native Hawaiian students.
``(e) Administrative Costs.--
``(1) In general.--Except as provided in paragraph
(2), not more than 5 percent of funds provided to a
recipient of a grant or contract under this section for
any fiscal year may be used for administrative
purposes.
``(2) Exception.--The Secretary may waive the
requirement of paragraph (1) for a nonprofit entity
that receives funding under this section and allow not
more than 10 percent of funds provided to such
nonprofit entity under this section for any fiscal year
to be used for administrative purposes.''.
SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS.
Section 7206 (20 U.S.C. 7516) is amended to read as follows:
``SEC. 7206. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
``(b) Direct Grant Applications.--The Secretary shall provide
a copy of all direct grant applications to the Education
Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph
(2), funds made available under this part shall be used
to supplement, and not supplant, any State or local
funds used to achieve the purposes of this part.
``(2) Exception.--Paragraph (1) shall not apply to
any nonprofit entity or Native Hawaiian community-based
organization that receives a grant or other funds under
this part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be
appropriated to carry out this section, and sections
7204 and 7205, such sums as may be necessary for fiscal
year 2016 and each of the 5 succeeding fiscal years.
``(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve, for each
fiscal year after the date of enactment of the Student
Success Act not less than $500,000 for the grant to the
Education Council under section 7204.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
SEC. 757. DEFINITIONS.
Section 7207 (20 U.S.C. 7517) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2) (as
redesignated by paragraph (1)) the following:
``(1) Community consultation.--The term `community
consultation' means a public gathering--
``(A) to discuss Native Hawaiian education
concerns; and
``(B) about which the public has been given
not less than 30 days notice.''.
SEC. 758. ALASKA NATIVE EDUCATION.
(a) In General.--Subpart B of title VII (20 U.S.C. 7511 et
seq.) is further amended by adding at the end the following:
``Subpart C--Alaska Native Education
``SEC. 7301. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational
Equity, Support, and Assistance Act'.
``SEC. 7302. FINDINGS.
``Congress finds and declares the following:
``(1) It is the policy of the Federal Government to
maximize the leadership of and participation by Alaska
Native peoples in the planning and the management of
Alaska Native education programs and to support efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
``(2) Many Alaska Native children enter and exit
school with serious educational disadvantages.
``(3) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers
to successfully improving educational outcomes for
Alaska Native students in rural, village, and urban
settings is challenging. Significant disparities
between academic achievement of Alaska Native students
and non-Native students continues, including lower
graduation rates, increased school dropout rates, and
lower achievement scores on standardized tests.
``(4) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures
and languages into education, positive identity
development for Alaska Native students, and local,
place-based, and culture-based programming are critical
to the attainment of educational success and the long-
term well-being of Alaska Native students.
``(5) Improving educational outcomes for Alaska
Native students increases access to employment
opportunities.
``(6) The programs and activities authorized under
this part give priority to Alaska Native organizations
as a means of increasing Alaska Native parents' and
community involvement in the promotion of academic
success of Alaska Native students.
``(7) The Federal Government should lend support to
efforts developed by and undertaken within the Alaska
Native community to improve educational opportunity for
Alaska Native students. In 1983, pursuant to Public Law
98-63, Alaska ceased to receive educational funding
from the Bureau of Indian Affairs. The Bureau of Indian
Education does not operate any schools in Alaska, nor
operate or fund Alaska Native education programs. The
program under this part supports the Federal trust
responsibility of the United States to Alaska Natives.
``SEC. 7303. PURPOSES.
``The purposes of this part are as follows:
``(1) To recognize and address the unique educational
needs of Alaska Natives in order to help such students
meet State academic content and achievement standards
as described in 1111(b).
``(2) To recognize the role of Alaska Native
languages and cultures in the educational success and
long-term well-being of Alaska Native students.
``(3) To integrate Alaska Native cultures and
languages into education, develop Alaska Native
students' positive identity, and support local place-
based and culture-based curriculum and programming.
``(4) To authorize the development, management, and
expansion of effective supplemental educational
programs to benefit Alaska Native people.
``(5) To provide direction and guidance to
appropriate Federal, State, and local agencies to focus
resources, including resources made available under
this part, on meeting the educational needs of Alaska
Natives.
``(6) To ensure the maximum participation by Alaska
Native educators and leaders in the planning,
development, implementation, management, and evaluation
of programs designed to serve Alaska Natives students,
and to ensure Alaska Native organizations play a
meaningful role in providing supplemental educational
services to Alaska Native students.
``SEC. 7304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--To carry out programs
that meet the purposes of this subpart, the Secretary
is authorized to make grants to, or enter into
contracts with:
``(A) Alaska Native Organizations; and
``(B) Alaska Native Organizations that are in
partnership with State educational agencies and
local educational agencies.
``(2) Mandatory activities.--Activities provided
through the programs carried out under this part shall
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
``(A) The development and implementation of
plans, methods, strategies, and activities to
improve the academic achievement of Alaska
Native students by meeting their unique
cultural and language needs in order to help
such students meet State academic content and
achievement standards as described in section
1111(b).
``(B) The collection of data to assist in the
evaluation of the programs carried out under
this part.
``(3) Permissible activities.--Activities provided
through programs carried out under this part may
include the following which shall only be provided
specifically in the context of elementary and secondary
education:
``(A) The development of curricula and
programs that address the educational needs of
Alaska Native students, including the
following:
``(i) Curriculum materials that
reflect the cultural diversity,
languages, history, or the
contributions of Alaska Native people.
``(ii) Instructional programs that
make use of Alaska Native languages and
cultures.
``(iii) Networks that develop, test,
and disseminate best practices and
introduce successful programs,
materials, and techniques to meet the
educational needs of Alaska Native
students in urban and rural schools.
``(iv) Methods to evaluate teachers'
inclusion of diverse Alaska Native
cultures in their lesson plans.
``(B) Training and professional development
activities for educators, including the
following:
``(i) Pre-service and in-service
training and professional development
programs to prepare teachers to develop
appreciation for, and understanding of,
Alaska Native history, cultures,
values, ways of knowing and learning in
order to effectively address the
cultural diversity and unique needs of
Alaska Native students and incorporate
them into lesson plans.
``(ii) Recruitment and preparation of
Alaska Natives, and other individuals
who live in communities with high a
concentration of Alaska Natives, to
become teachers.
``(iii) Programs that will lead to
the certification and licensing of
Alaska Native teachers, principals, and
superintendents.
``(C) The development and operation of
student enrichment programs, including those in
science, technology, engineering, and
mathematics that--
``(i) are designed to prepare Alaska
Native students to excel in such
subjects;
``(ii) provide appropriate support
services to enable such students to
benefit from the programs; and
``(iii) include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and other tradition bearers.
``(D) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and other such
research and evaluation activities related to
programs funded under this subpart.
``(E) Activities designed to increase Alaska
Native students' graduation rates and prepare
Alaska Native students to be college or career
ready upon graduation from high school, such
as--
``(i) Remedial and enrichment
programs; and
``(ii) Culturally based education
programs such as--
``(I) programs of study and
other instruction in Alaska
Native history and ways of
living to share the rich and
diverse cultures of Alaska
Native peoples among Alaska
Native youth and elders, non-
Native students, teachers, and
the larger community;
``(II) instructing Alaska
Native youth in leadership,
communication, Native culture,
music and the arts, and
languages;
``(III) providing instruction
in Alaska Native history and
ways of living to students and
teachers in the local school
district;
``(IV) intergenerational
learning and internship
opportunities to Alaska Native
youth and young adults;
``(V) cultural immersion
activities.
``(VI) culturally-informed
curriculum intended to preserve
and promote Alaska Native
culture;
``(VII) Native language
immersion activities; and
``(VIII) school-within-a-
school model programs.
``(G) Student and teacher exchange programs,
cross-cultural immersion programs, and culture
camps designed to build mutual respect and
understanding among participants.
``(H) Education programs for at-risk urban
Alaska Native students that are designed to
improve academic proficiency and graduation
rates, utilize strategies otherwise permissible
under this subpart, and incorporate a strong
data collection and continuous evaluation
component.
``(I) Programs and strategies that provide
technical assistance and support to schools and
communities to engage adults in promoting the
academic progress and overall well-being of
Alaska Native people such as through child and
youth development, positive youth-adult
relationships, improved conditions for learning
(school climate, student connection to school
and community), and increased connections
between schools and families.
``(J) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities.
``(K) Support for the development and
operational activities of regional vocational
schools in rural areas of Alaska to provide
students with necessary resources to prepare
for skilled employment opportunities.
``(L) Regional leadership academies that
demonstrate effectiveness in building respect,
understanding, and fostering a sense of Alaska
Native identity to promote their pursuit of and
success in completing higher education or
career training.
``(M) Strategies designed to increase
parents' involvement in their children's
education.
``(N) other activities consistent with the
purpose of this part, to meet the educational
needs of Alaska Native children and adults.
``(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to an award recipient under this part
for any fiscal year may be used for administrative purposes.
``(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part such sums as may be
necessary for the fiscal years 2016 through 2020.
``SEC. 7305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--
``(1) In general.--No grant may be made under this
part, and no contract may be entered into under this
part, unless the Alaska Native Organization seeking the
grant or contract submits an application to the
Secretary in such time, in such manner, and containing
such information as the Secretary may determine
necessary to carry out the provisions of this part.
``(b) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
``(c) Local Educational Agency Coordination.--Each applicant
for an award under this part shall inform each local
educational agency serving students who would participate in
the program to be carried out under the grant or contract about
the application.
``(d) Continuation Awards.--An applicant described in section
6204(a)(2) that receives funding under this part shall
periodically demonstrate to the Secretary, during the term of
the award, that the applicant is continuing to play the lead
role in its partnership and in the implementation and
evaluation of the funded program.
``SEC. 7306. DEFINITIONS.
``In this part:
``(1) Alaska native.--The term `Alaska Native' has
the same meaning as the term `Native ' has in section
3(b) of the Alaska Native Claims Settlement Act and
their descendants.
``(2) Alaska native organization.--The term `Alaska
Native Organization' means a federally recognized tribe
or a tribal organization (as the terms are defined by
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b)), and a consortium of such
entities, that--
``(A) has expertise or traditional knowledge
that is relevant to the purposes and activities
described in this part; and
``(B) has Alaska Native people in
substantive, policymaking, and leadership
positions within the organization.''.
(b) Conforming Amendment.--Part C of title VII (20 U.S.C.
7541 et seq.) is repealed.
TITLE VIII--IMPACT AID
SEC. 801. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking
``challenging State standards'' and inserting ``State academic
standards''.
SEC. 802. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (b)(1)(B), by striking ``section
8014(a)'' and inserting ``section 3(d)(1)''; and
(2) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2016, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under
such subsection were destroyed prior to fiscal year 2000 and
the agency received funds under subsection (b) in the previous
year.'';
(3) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency
described in paragraph (2) is formed at any time after
1938 by the consolidation of two or more former school
districts, the local educational agency may elect to
have the Secretary determine its eligibility and any
amount for which the local educational agency is
eligible under this section for such fiscal year on the
basis of one or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
``(A) any local educational agency that, for
fiscal year 1994 or any preceding fiscal year,
applied for, and was determined to be eligible
under section 2(c) of the Act of September 30,
1950 (Public Law 874, 81st Congress) as that
section was in effect for that fiscal year; or
``(B) a local educational agency formed by
the consolidation of 2 or more school
districts, at least one of which was eligible
for assistance under this section for the
fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through
2015, the local educational agency
notifies the Secretary not later than
30 days after the date of enactment of
the Student Success Act of the
designation described in paragraph (1);
and
``(ii) for fiscal year 2016, and each
subsequent fiscal year, the local
educational agency includes the
designation in its application under
section 8005 or any timely amendment to
such application.
``(3) Availability of funds.--Notwithstanding any
other provision of law limiting the period during which
the Secretary may obligate funds appropriated for any
fiscal year after fiscal year 2005, the Secretary may
obligate funds remaining after final payments have been
made for any of such fiscal years to carry out this
subsection.'';
(4) in subsection (h)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by
striking ``section 8014(a)'' and
inserting ``section 3(d)(1)''; and
(ii) in subparagraph (D), by striking
``section 8014(a)'' and inserting
``section 3(d)(1)''; and
(B) in paragraph (4), by striking ``Impact
Aid Improvement Act of 2012'' and inserting
``Student Success Act'';
(5) by repealing subsection (k);
(6) by redesignating subsection (l) as subsection
(k);
(7) by amending subsection (k) (as so redesignated)
by striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(8) by repealing subsection (m); and
(9) by redesignating subsection (n) as subsection
(j).
SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C.
7703(a)) is amended--
(1) in the matter preceding subparagraph (A) of
paragraph (1), by inserting after ``schools of such
agency'' the following: ``(including those children
enrolled in such agency as a result of the open
enrollment policy of the State in which the agency is
located, but not including children who are enrolled in
a distance education program at such agency and who are
not residing within the geographic boundaries of such
agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all
that follows through ``situated'' and inserting ``1984,
or under lease of off-base property under subchapter IV
of chapter 169 of title 10, United States Code, to be
children described under paragraph (1)(B) if the
property described is within the fenced security
perimeter of the military facility or attached to and
under any type of force protection agreement with the
military installation upon which such housing is
situated.''
(b) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is
amended--
(1) by striking ``section 8014(b)'' each place it
appears and inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read
as follows:
``(i) In general.--A heavily impacted
local educational agency is eligible to
receive a basic support payment under
subparagraph (A) with respect to a
number of children determined under
subsection (a)(1) if the agency--
``(I) is a local educational
agency--
``(aa) whose
boundaries are the same
as a Federal military
installation or an
island property
designated by the
Secretary of the
Interior to be property
that is held in trust
by the Federal
Government; and
``(bb) that has no
taxing authority;
``(II) is a local educational
agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 45 percent;
``(bb) has a per-
pupil expenditure that
is less than--
``(AA) for an
agency that has
a total student
enrollment of
500 or more
students, 125
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located; or
``(BB) for
any agency that
has a total
student
enrollment less
than 500, 150
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located or the
average per-
pupil
expenditure of
3 or more
comparable
local
educational
agencies in the
State in which
the agency is
located; and
``(cc) is an agency
that has a tax rate for
general fund purposes
that is not less than
95 percent of the
average tax rate for
general fund purposes
of comparable local
educational agencies in
the State;
``(III) is a local
educational agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 20 percent;
``(bb) for the 3
fiscal years preceding
the fiscal year for
which the determination
is made, the average
enrollment of children
who are not described
in subsection (a)(1)
and who are eligible
for a free or reduced
price lunch under the
Richard B. Russell
National School Lunch
Act constitutes a
percentage of the total
student enrollment of
the agency that is not
less than 65 percent;
and
``(cc) has a tax rate
for general fund
purposes which is not
less than 125 percent
of the average tax rate
for general fund
purposes for comparable
local educational
agencies in the State;
``(IV) is a local educational
agency that has a total student
enrollment of not less than
25,000 students, of which--
``(aa) not less than
50 percent are children
described in subsection
(a)(1); and
``(bb) not less than
5,000 of such children
are children described
in subparagraphs (A)
and (B) of subsection
(a)(1); or
``(V) is a local educational
agency that--
``(aa) has an
enrollment of children
described in subsection
(a)(1) including, for
purposes of determining
eligibility, those
children described in
subparagraphs (F) and
(G) of such subsection,
that is not less than
35 percent of the total
student enrollment of
the agency; and
``(bb) was eligible
to receive assistance
under subparagraph (A)
for fiscal year
2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily''
and inserting the following:
``(I) In general.--Subject to
subclause (II), a heavily'';
and
(II) by adding at the end the
following:
``(II) Loss of eligibility
due to falling below 95 percent
of the average tax rate for
general fund purposes.--In a
case of a heavily impacted
local educational agency that
fails to meet the requirements
of clause (i) for a fiscal year
by reason of having a tax rate
for general fund purposes that
falls below 95 percent of the
average tax rate for general
fund purposes of comparable
local educational agencies in
the State, subclause (I) shall
be applied as if `and the
subsequent fiscal year' were
inserted before the period at
the end.'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (D)
through (H) as subparagraphs (C) through (G),
respectively;
(D) in subparagraph (C) (as so
redesignated)--
(i) in the heading, by striking
``regular'';
(ii) by striking ``Except as provided
in subparagraph (E)'' and inserting
``Except as provided in subparagraph
(D)'';
(iii) by amending subclause (I) of
clause (ii) to read as follows:
``(ii)(I)(aa) For a local educational agency
with respect to which 35 percent or more of the
total student enrollment of the schools of the
agency are children described in subparagraph
(D) or (E) (or a combination thereof) of
subsection (a)(1), and that has an enrollment
of children described in subparagraphs (A),
(B), or (C) of such subsection equal to at
least 10 percent of the agency's total
enrollment, the Secretary shall calculate the
weighted student units of those children
described in subparagraph (D) or (E) of such
subsection by multiplying the number of such
children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a local
educational agency that received a payment
under this paragraph for fiscal year 2012 shall
not be required to have an enrollment of
children described in subparagraphs (A), (B),
or (C) of subsection (a)(1) equal to at least
10 percent of the agency's total enrollment.'';
and
(iv) by amending subclause (III) of
clause (ii) by striking
``(B)(i)(II)(aa)'' and inserting
``subparagraph (B)(i)(I)'';
(E) in subparagraph (D)(i)(II) (as so
redesignated), by striking ``6,000'' and
inserting ``5,000'';
(F) in subparagraph (E) (as so
redesignated)--
(i) by striking ``Secretary'' and all
that follows through ``shall use'' and
inserting ``Secretary shall use'';
(ii) by striking ``; and'' and
inserting a period; and
(iii) by striking clause (ii);
(G) in subparagraph (F) (as so
redesignated)--
(i) by striking ``subparagraph
(C)(i)(II)(bb)'' and inserting
``subparagraph (B)(i)(II)(bb)(BB)'';
and
(ii) by amending clause (ii) to read
as follows:
``(ii) beginning in fiscal year 2010,
a local educational agency shall be
deemed to meet the average tax rate
requirements for general fund purposes
of this paragraph if the average tax
rate calculation submitted to the
Department by the agency has been--
``(I) calculated by the State
educational agency in which the
applying agency resides to meet
the requirements of this
paragraph for average tax rate
for general fund purposes; and
``(II) the Department
accepted calculation of average
tax rate for general fund
purposes from the state
educational agency on behalf of
the applying agency in at least
5 prior years.
``(III) notwithstanding any
other provision of law limiting
the period during which the
Secretary may obligate funds
appropriated for any fiscal
year after 2010, the Secretary
may obligate funds remaining
after final payments have been
made from any funds of such
fiscal years in order to carry
out this subparagraph.''.
(H) in subparagraph (G) (as so
redesignated)--
(i) in clause (i)--
(I) by striking
``subparagraph (B), (C), (D),
or (E)'' and inserting
``subparagraph (B), (C), or
(D)'';
(II) by striking ``by reason
of'' and inserting ``due to'';
(III) by inserting after
``clause (iii)'' the following
``, or as the direct result of
base realignment and closure or
modularization as determined by
the Secretary of Defense and
force structure change or force
relocation''; and
(IV) by inserting before the
period, the following: ``or
during such time as activities
associated with base closure
and realignment,
modularization, force structure
change, or force relocation are
ongoing''; and
(ii) in clause (ii), by striking
``(D) or (E)'' each place it appears
and inserting ``(C) or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read
as follows:
``(iii) In the case of a local educational
agency providing a free public education to
students enrolled in kindergarten through grade
12, but which enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and which
received a final payment in fiscal year 2009
calculated under this paragraph (as this
paragraph was in effect on the day before the
date of enactment of the Student Success Act)
for students in grades 9 through 12, the
Secretary shall, in calculating the agency's
payment, consider only that portion of such
agency's total enrollment of students in grades
9 through 12 when calculating the percentage
under clause (i)(I) and only that portion of
the total current expenditures attributed to
the operation of grades 9 through 12 in such
agency when calculating the percentage under
clause (i)(II).''; and
(ii) by adding at the end the
following:
``(v) In the case of a local educational
agency that is providing a program of distance
education to children not residing within the
geographic boundaries of the agency, the
Secretary shall--
``(I) for purposes of the calculation
under clause (i)(I), disregard such
children from the total number of
children in average daily attendance at
the schools served by such agency; and
``(II) for purposes of the
calculation under clause (i)(II),
disregard any funds received for such
children from the total current
expenditures for such agency.'';
(B) in subparagraph (C), by striking
``subparagraph (D) or (E) of paragraph (2), as
the case may be'' and inserting ``paragraph
(2)(D)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Ratable distribution.--For any fiscal
year described in subparagraph (A) for which
the sums available exceed the amount required
to pay each local educational agency 100
percent of its threshold payment, the Secretary
shall distribute the excess sums to each
eligible local educational agency that has not
received its full amount computed under
paragraph (1) or (2) (as the case may be) by
multiplying--
``(i) a percentage, the denominator
of which is the difference between the
full amount computed under paragraph
(1) or (2) (as the case may be) for all
local educational agencies and the
amount of the threshold payment (as
calculated under subparagraphs (B) and
(C)) of all local educational agencies,
and the numerator of which is the
aggregate of the excess sums, by;
``(ii) the difference between the
full amount computed under paragraph
(1) or (2) (as the case may be) for the
agency and the amount of the threshold
payment as calculated under
subparagraphs (B) and (C) of the
agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal
year described in subparagraph (A) for which
the sums appropriated under section 3(d)(2) are
insufficient to pay each local educational
agency all of the local educational agency's
threshold payment described in subparagraph
(D), the Secretary shall ratably reduce the
payment to each local educational agency under
this paragraph.
``(F) Increases.--If the sums appropriated
under section 3(d)(2) are sufficient to
increase the threshold payment above the 100
percent threshold payment described in
subparagraph (D), then the Secretary shall
increase payments on the same basis as such
payments were reduced, except no local
educational agency may receive a payment amount
greater than 100 percent of the maximum payment
calculated under this subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking
``through (D)'' and inserting ``and (C)''; and
(B) in subparagraph (B), by striking
``subparagraph (D) or (E)'' and inserting
``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20
U.S.C. 7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the
fiscal year for which the agency is making an
application for payment if such agency--
``(A) is newly established by a State, for
the first year of operation of such agency
only;
``(B) was eligible to receive a payment under
this section for the previous fiscal year and
has had an overall increase in enrollment (as
determined by the Secretary in consultation
with the Secretary of Defense, the Secretary of
the Interior, or the heads of other Federal
agencies)--
``(i) of not less than 10 percent, or
100 students, of children described
in--
``(I) subparagraph (A), (B),
(C), or (D) of subsection
(a)(1); or
``(II) subparagraph (F) and
(G) of subsection (a)(1), but
only to the extent such
children are civilian
dependents of employees of the
Department of Defense or the
Department of the Interior; and
``(ii) that is the direct result of
closure or realignment of military
installations under the base closure
process or the relocation of members of
the Armed Forces and civilian employees
of the Department of Defense as part of
the force structure changes or
movements of units or personnel between
military installations or because of
actions initiated by the Secretary of
the Interior or the head of another
Federal agency; or
``(C) was eligible to receive a payment under
this section for the previous fiscal year and
has had an increase in enrollment (as
determined by the Secretary)--
``(i) of not less than 10 percent of
children described in subsection (a)(1)
or not less than 100 of such children;
and
``(ii) that is the direct result of
the closure of a local educational
agency that received a payment under
subsection (b)(1) or (b)(2) in the
previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20
U.S.C. 7703(d)) is amended by striking ``section 8014(c)'' and
inserting ``section 3(d)(3)''.
(e) Hold Harmless.--
(1) In general.--The total amount the Secretary shall
pay a local educational agency under subsection (b)--
(A) beginning in fiscal year 2016 and for any
fiscal year thereafter in which a local
educational agency's payment is reduced by an
amount greater than $5,000,000 or 20 percent
from the amount received in the previous fiscal
year, the Secretary shall pay a local
educational agency for each of the 3 years
following the reduction under subsection (b)--
(i) for the first year shall not be
less than 90 percent of the total
amount that the local educational
agency received under subsection (b)(1)
or (b)(2) in the fiscal year prior to
the reduction herein referred to as the
base year;
(ii) for the second year shall not be
less than 85 percent of the total
amount that the local educational
agency received under subsection (b)(1)
or (b)(2) in the base year; and
(iii) for the third year shall not be
less than 80 percent of the total
amount that the local educational
agency received under subsection (b)
(1) or (b) (2) in the base year.
(2) Ratable reduction.--
(A) In general.--If the sums made available
under this title for any fiscal year are
insufficient to pay the full amounts that all
local educational agencies in all States are
eligible to receive under paragraph (1) for
such year, then the Secretary shall ratably
reduce the payments to all such agencies for
such year.
(B) Additional funds.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is
amended by striking subsection (g).
SEC. 804. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 805. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information,''.
SEC. 806. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (2), by adding at the end
the following:
``(C) The agency is eligible under section
4003(b)(2) or is receiving basic support
payments under circumstances described in
section 4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section
8014(e)'' each place it appears and inserting
``section 3(d)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by
adding at the end the following:
``(cc) At least 10 percent of
the property in the agency is
exempt from State and local
taxation under Federal law.'';
and
(ii) by adding at the end the
following:
``(F) Limitations on eligibility
requirements.--The Secretary shall not limit
eligibility--
``(i) under subparagraph
(C)(i)(I)(aa), to those local
educational agencies in which the
number of children determined under
section 8003(a)(1)(C) for each such
agency for the preceding school year
constituted more than 40 percent of the
total student enrollment in the schools
of each such agency during the
preceding school year; and
``(ii) under subparagraph
(C)(i)(I)(cc), to those local
educational agencies in which more than
10 percent of the property in each such
agency is exempt from State and local
taxation under Federal law.'';
(C) in paragraph (6)--
(i) in the matter preceding
subparagraph (A), by striking ``in such
manner, and accompanied by such
information'' and inserting ``and in
such manner''; and
(ii) by striking subparagraph (F);
and
(D) by striking paragraph (7).
SEC. 807. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a),
by striking ``section 8014(f)'' and inserting ``section
3(d)(5)''.
SEC. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009 (20 U.S.C. 7709) is amended--
(1) in subsection (c)(1)(B), by striking ``and
contain the information''; and
(2) in subsection (d)(2)--
(A) by striking ``A State'' and inserting the
following:
``(A) In general.--A State''; and
(B) by adding at the end of the following:
``(B) States that are not equalized states.--
A State that has not been approved as an
equalized State under subsection (b) shall not
consider funds received under section 8002 or
section 8003 of this title in any State formula
or place a limit or direct the use of such
funds for the purposes of determining a local
educational agency's fund balance.''.
SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking
``or under the Act'' and all the follows through ``1994)''.
SEC. 810. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in paragraph (1), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Coast
Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart
B. McKinney Homeless Assistance Act'' and
inserting ``McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411)''; and
(B) in subclause (III), by inserting before
the semicolon, ``(25 U.S.C. 4101 et seq.)'';
(4) in paragraph (8)(A), by striking ``and verified
by'' and inserting ``, and verified by,''; and
(5) in paragraph (9)(B), by inserting a comma before
``on a case-by-case basis''.
SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is amended--
(1) by striking ``2000'' each place it appears and
inserting ``2016'';
(2) by striking ``2001'' and inserting ``2017''; and
(3) by striking ``2002'' and inserting ``2018''.
SEC. 812. CONFORMING AMENDMENTS.
Subsection (c) of the Impact Aid Improvement Act of 2012 (20
U.S.C. 6301 note; Public Law 112-239; 126 Stat. 1748) is
amended--
(1) (1) by striking paragraphs (1) and (4); and
(2) (2) by redesignating paragraphs (2) and (3), as
paragraphs (1) and (2), respectively.
TITLE IX--GENERAL PROVISIONS
SEC. 900. GENERAL AMENDMENTS.
(a) General Prohibition.--Section 9527(a) (20 U.S.C. 7907(a))
is amended by inserting ``specific instructional content,
academic standards or assessments,'' after ``school's
curriculum,''.
(b) Rule of Construction.--Section 9534 (20 U.S.C. 7914) is
amended by adding at the end the following:
``(c) Rule of Construction.--Any public or private entity
that receives funds allocated under this Act including from a
State educational agency or local educational agency shall be
considered a program under subsection (a) and be subject to the
requirements of subsection (a) in carrying out programs or
activities funded under this Act.''.
Subtitle A--Protecting Students From Sexual and Violent Predators
SEC. 901. BACKGROUND CHECKS.
Subpart 2 of part E of title IX (20 U.S.C. 7901 et seq.) is
amended by adding at the end the following:
``SEC. 9537. CRIMINAL BACKGROUND CHECKS.
``(a) In General.--A State educational agency that receives
funds under this Act shall have in effect--
``(1) requirements, policies, and procedures to
require and conduct criminal background checks for each
school employee including prospective school employees
described in subsection (c)(1); and
``(2) prohibit the employment of a school employee as
described in subsection (c).
``(b) Requirements.--A criminal background check for a school
employee under subsection (a) shall include--
``(1) a search of the State criminal and sex offender
registry or repository in the State where the school
employee resides, and each State where such school
employee resided during the preceding 5 years;
``(2) a search of State-based child abuse and neglect
registries and databases in the State where the school
employee resides, and each State where such school
employee resided during the preceding 5 years;
``(3) a search of the National Crime Information
Center;
``(4) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
``(5) a search of the National Sex Offender Registry
established under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.).
``(c) Prohibitions.--
``(1) School employee.--A school employee shall be
ineligible for employment by a local educational agency
or State educational agency that is receiving funds
under this Act if such individual--
``(A) refuses to consent to the criminal
background check described in subsection (b);
``(B) knowingly makes a materially false
statement in connection with such criminal
background check;
``(C) is registered, or is required to be
registered, on a State sex offender registry or
repository or the National Sex Offender
Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.); or
``(D) has been convicted of a felony
consisting of--
``(i) murder, as described in section
1111 of title 18, United States Code;
``(ii) child abuse or neglect;
``(iii) a crime against children,
including child pornography;
``(iv) spousal abuse;
``(v) a crime involving rape or
sexual assault;
``(vi) kidnapping;
``(vii) arson;
``(viii) physical assault or battery;
or
``(ix) a drug-related offense
committed during the preceding 5 years;
or
``(E) has been convicted of a violent
misdemeanor committed as an adult against a
child, including the following crimes: child
abuse, child endangerment, sexual assault, or
of a misdemeanor involving child pornography.
``(2) State educational agency or local educational
agency.--A State educational agency or local
educational agency described in paragraph (1) shall be
ineligible for assistance under this Act if the agency
employs or contracts with a school employee who is
ineligible for employment under paragraph (1).
``(d) Submission of Requests for Background Checks.--
``(1) In general.--A State educational agency or
local educational agency covered by subsection (c)
shall submit a request, to the appropriate State agency
designated by a State, for a criminal background check
described in subsection (b), for each school employee.
``(2) School employees.--Subject to paragraph (4), in
the case of an individual who became a school employee
before the date of enactment of the Student Success Act
shall submit such a request--
``(A) prior to the last day described in
subsection (k)(1); and
``(B) not less often than once during each 5-
year period following the first submission date
under this paragraph for that school employee.
``(3) Prospective school employees.--Subject to
paragraph (4), in the case of an individual who is a
prospective school employee on or after that date of
enactment, the provider shall submit such a request--
``(A) prior to the date the individual
becomes a school employee; and
``(B) not less than once during each 5-year
period following the first submission date
under this paragraph for that staff member.
``(e) Background Check Results and Appeals.--
``(1) Background check results.--The State shall
carry out the request of a State educational agency or
local educational agency for a criminal background
check as expeditiously as possible, but not to exceed
45 days after the date on which such request was
submitted, and shall provide the results of the
criminal background check to such agency provider and
to the school employee staff member.
``(2) Privacy.--
``(A) In general.--The State shall provide
the results of the criminal background check to
the State educational agency or local
educational agency in a statement that
indicates whether a school employee is eligible
or ineligible for employment described in
subsection (c), without revealing any
disqualifying crime or other related
information regarding the individual.
``(B) Ineligible school employee.--If the
school employee is ineligible for such
employment due to the background check, the
State will, when providing the results of the
background check, include information related
to each disqualifying crime, in a report to the
school employee.
``(C) Public release of results.--No State
shall publicly release or share the results of
individual background checks, except States may
release aggregated data by crime as listed
under subsection (c)(1)(D) from background
check results, as long as such data does not
contain personally identifiable information.
``(3) Appeals.--
``(A) In general.--The State shall provide
for a process by which a school employee may
appeal the results of a criminal background
check conducted under this section to challenge
the accuracy or completeness of the information
contained in such member's criminal background
report.
``(B) Appeals process.--The State shall
ensure that--
``(i) each school employee shall be
given notice of the opportunity to
appeal;
``(ii) a school employee will receive
instructions about how to complete the
appeals process if the school employee
wishes to challenge the accuracy or
completeness of the information
contained in such employee's criminal
background report; and
``(iii) the appeals process is
completed in a timely manner for each
school employee not to exceed 45 days.
``(C) Costs.--A school employee who has
successfully challenged the findings contained
in such employee's criminal background check
report in the appeals process under this
paragraph shall be allowed to seek compensation
for any reasonable costs incurred from such
appeal.
``(4) Review.--
``(A) In general.--The State shall establish
a timely review process not to exceed 45 days
through which the State may determine that a
school employee identified in subsection (c) is
eligible for employment with the educational
agency.
``(B) Factors.--The review process shall be
an individualized assessment consistent with
title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) and the U.S. Equal
Employment Opportunity Commission Enforcement
Guidance on the Consideration of Arrest and
Conviction Records in Employment Decisions, and
may include consideration of the following
factors--
``(i) nature and seriousness of the
offense;
``(ii) circumstances under which the
offense was committed;
``(iii) lapse of time since the
offense was committed or the individual
was released from prison;
``(iv) individual's age at the time
of the offense;
``(v) social conditions which may
have fostered the offense;
``(vi) relationship of the nature of
the offense to the position sought;
``(vii) number of criminal
convictions;
``(viii) honesty and transparency of
the candidate in admitting the
conviction record;
``(ix) individual's work history,
including evidence that the individual
performed the same or similar work,
post-conviction, with the same or
different employer, with no known
incidents of criminal conduct;
``(x) evidence of rehabilitation as
demonstrated by the individual's good
conduct while in correctional custody
and/or the community; counseling or
psychiatric treatment received;
acquisition of additional academic or
vocational schooling; successful
participation in correctional work-
release programs and the
recommendations of persons who have or
have had the applicant under their
supervision;
``(xi) whether the individual is
bonded under Federal, state, or local
bonding program; and
``(xii) any other factor that may
lead to the conclusion that the
individual does not pose a risk to
children.
``(C) Limitation.--This paragraph shall not
apply to a school employee who has been
convicted of a serious violent or sexual felony
against a child, as determined by the State.
``(5) No private right of action.--Nothing in this
section shall be construed to create a private right of
action if a State educational agency or local
educational agency has acted in accordance with this
section.
``(f) Fees for Background Checks.--
``(1) Fees that a State may charge for the costs of
processing applications and administering a criminal
background check as required by this section shall not
exceed the actual costs to the State for the processing
and administration.
``(2) A local educational agency or State educational
agency may use administrative funds received under this
Act to pay for any reasonable fees charged for
conducting a criminal background check under this
section.
``(g) Transparency.--The State must ensure that the policies
and procedures under this section are published on the Web site
(or otherwise publicly available venue in the absence of a Web
site) of the State and the Web sites of local lead agencies.
``(h) Construction.--
``(1) Disqualification for other crimes.--Nothing in
this section shall be construed to prevent a State from
disqualifying individuals as a school employee based on
their conviction for crimes not specifically listed in
this section that bear upon the fitness of an
individual to provide care for and have responsibility
for the safety and well-being of children.
``(2) Rights and remedies.--Nothing in this section
shall be construed to alter or otherwise affect the
rights and remedies provided for a school employee
residing in a State that disqualifies individuals as a
school employee for crimes not specifically provided
for under this section.
``(i) Reporting.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education shall
report to Congress on--
``(1) any information available about numbers of
individuals restricted or disqualified from being a
school employee on the basis of a criminal record
identified in the background check, pursuant to this
section in total, and for each type of conviction, as
specified in sections (c)(1)(D) and (c)(1)(E) and
disaggregated by race, gender, national origin, and
ethnicity;
``(2) the identity of each state's agency with
jurisdiction over the background check results and
appeals process described in section (e);
``(3) the identity of each state's agency with
jurisdiction over the individualized assessment, as
described in section (e)(4);
``(4) the numbers of individuals approved for
consideration as a school employee by the
individualized assessment, as defined in section (e)(4)
in total, and for each type of conviction, as specified
in sections (c)(1)(D) and (c)(1)(E) and disaggregated
by race, gender, national origin, and ethnicity; and
``(5) the numbers of successful and unsuccessful
appeals to the accuracy and completeness of records or
information, in total, by State, and by type of
conviction, as specified in section sections (c)(1)(D)
and (c)(1)(E) and disaggregated by race, gender,
national origin, and ethnicity.
``(j) Definition.--In this section, the term `school
employee' means--
``(1) an employee of, or a person seeking employment
with, a local educational agency or State educational
agency, and who, as a result of such employment, has
(or will have) a job duty that results in unsupervised
access to elementary school or secondary school
students;
``(2) any person, or an employee of any person who
has a contract or agreement to provide services with an
elementary school or secondary school, local
educational agency, or State educational agency, and
such person or employee, as a result of such contract
or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
students; and
``(3) an employee of or a person seeking employment
with a high-quality prekindergarten program (as defined
in section 1112 of the Student Success Act) who has
unsupervised access to children or a person who has a
contract or agreement with such program and has
unsupervised access to children.
``(k) Effective Date.--
``(1) In general.--A State that receives funds under
this Act shall meet the requirements of this section
for the provision of criminal background checks for a
school employee described in subsection (d)(1) not
later than the last day of the second full fiscal year
after the date of enactment of the Student Success Act.
``(2) Extension.--The Secretary may grant a State an
extension of time, of not more than 1 fiscal year, to
meet the requirements of this section if the State
demonstrates a good faith effort to comply with the
requirements of this section.
``(3) Penalty for noncompliance.--Except as provided
in paragraphs (1) and (2), for any fiscal year that a
State fails to comply substantially with the
requirements of this section, the Secretary shall
withhold 5 percent of the funds that would otherwise be
allocated to that State in accordance with this Act for
the following fiscal year.
``SEC. 9538. EQUALITY IN ATHLETIC PROGRAMS.
``(a) Report.--Each coeducational elementary or secondary
school that participates in any program under this Act and has
an athletic program, shall annually, for the immediately
preceding academic year, prepare a report that contains the
following information:
``(1) The number of students that attended the school
and for each student an identification of such
student's--
``(A) sex;
``(B) race; and
``(C) ethnicity.
``(2) A listing of the teams that competed in
athletic competition and for each such team the
following data:
``(A) The total number of participants as of
the day of the first scheduled contest for the
team, and for each participant an
identification of such participant's--
``(i) sex;
``(ii) race; and
``(iii) ethnicity.
``(B) The year the team began.
``(C) The total expenditures for each team
from school and nonschool sources, including a
listing of the following data for each team:
``(i) Expenditures for travel.
``(ii) Expenditures for equipment
(including any equipment replacement
schedule).
``(iii) Expenditures for uniforms
(including any uniform replacement
schedule).
``(iv) Expenditures for facilities
(including locker rooms, fields, and
gymnasiums) and their maintenance and
repair.
``(v) Expenditures for training and
medical facilities and services.
``(vi) Expenditures for publicity for
competitions (including press guides,
press releases, game programs, and
publicity personnel).
``(D) The total number of trainers and
medical personnel, and for each trainer or
medical personnel an identification of such
person's--
``(i) sex;
``(ii) employment status (including
whether such person is employed full-
time or part-time, and whether such
person is a head or assistant trainer
or medical services provider) and
duties other than providing training or
medical services; and
``(iii) qualifications, including
whether the person is a professional or
student.
``(E) The total number of coaches, and for
each coach an identification of such coach's--
``(i) sex;
``(ii) employment status (including
whether such coach is employed full-
time or part-time, and whether such
coach is a head or assistant coach) and
duties other than coaching; and
``(iii) qualifications, including
whether the person is a professional or
student.
``(F) Total annual revenues generated by the
team (including contributions from outside
sources such as booster clubs), disaggregated
by source.
``(G) The total number of competitions
scheduled, and for each scheduled competition
an indication of what day of the week and time
the competition was scheduled.
``(H) The total number of practices
scheduled, and for each scheduled practice an
indication of what day of the week and time the
practice was scheduled.
``(I) The season in which the team competed.
``(J) Whether such team participated in
postseason competition, and the success of such
team in any postseason competition.
``(3) The average annual institutional salary
attributable to coaching of the head coaches of men's
teams, across all offered sports, and the average
annual institutional salary attributable to coaching of
the head coaches of women's teams, across all offered
sports.
``(4) The average annual institutional salary
attributable to coaching of the assistant coaches of
men's teams, across all offered sports, and the average
annual institutional salary attributable to coaching of
the assistant coaches of women's teams, across all
offered sports.
``(b) Special Rule.--For the purpose of reporting the
information described in paragraphs (3) and (4) of subsection
(a), if a coach has responsibilities for more than 1 team and
the school does not allocate such coach's salary by team, the
school should divide the salary by the number of teams for
which the coach has responsibility and allocate the salary
among the teams on a basis consistent with the coach's
responsibilities for the different teams.
``(c) Disclosure of Information to Students and Public.--On
an annual basis, each coeducational elementary or secondary
school described in subsection (a) shall--
``(1) make available to students, potential students,
and the public, upon request, the information contained
in each report by the school under this section by
October 15 of each school year; and
``(2) ensure that all students at the school and
members of the relevant community are informed of their
right to request such information.
``(d) Submission; Information Availability.--On an annual
basis, each coeducational elementary or secondary school
described in subsection (a) shall provide the information
contained in each report by the school under this section to
the Commissioner for Education Statistics not later than 15
days after the date that the school makes such information
available under subsection (c).
``(e) Duties of Commissioner for Education Statistics.--The
Commissioner for Education Statistics shall--
``(1) ensure that the data required under this
section are posted on the Department of Education's Web
site within a reasonable period of time; and
``(2) not later than 180 days after the date of the
enactment of the Student Success Act, notify all
elementary and secondary schools in all States about
the requirements under subsection (c) and issue
guidance to all elementary and secondary schools on how
to collect and report the information required under
this section.''.
SEC. 902. CONFORMING AMENDMENT.
Section 2 is amended by adding after the item relating to
section 9536 the following:
``Sec. 9537. Background checks.
``Sec. 9538. Equality in athletic programs.''.
Subtitle B--Evaluation Authority
SEC. 911. EVALUATION AUTHORITY.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
amending part F to read as follows:
``PART F--EVALUATION AUTHORITY
``SEC. 9911. EVALUATION AUTHORITY.
``(a) Reservation of Funds.--The Secretary shall reserve not
less than 1 percent of the amount appropriated to carry out
each categorical program and demonstration project authorized
under this Act, except the Secretary may not reserve more than
1 percent of title I, part A to carry out the evaluation
activities described in this section.
``(b) Evaluation Activities.--From funds reserved under
subsection (a), the reserved amounts--
``(1) shall first be used by the Secretary, acting
through the Director of the Institute of Education
Sciences, to--
``(A) conduct comprehensive, high-quality
evaluations of the program that--
``(i) are consistent with the
evaluation plan under subsection (d);
and
``(ii) primarily include impact
evaluations that use experimental or
quasi-experimental designs, where
practicable and appropriate, and other
rigorous methodologies that permit the
strongest possible causal inferences;
``(B) conduct studies of the effectiveness of
the program and the administrative impact of
the program on schools and local educational
agencies; and
``(C) widely disseminate evaluation findings
under this section related to programs
authorized under this Act--
``(i) in a timely fashion;
``(ii) in forms that are
understandable, easily accessible, and
usable, or adaptable for use in, the
improvement of educational practice;
``(iii) through electronic transfer,
and other means, such as posting, as
available, to the websites of State
educational agencies, local educational
agencies, the Institute of Education
Sciences, the Department, or in another
relevant place; and
``(iv) in a manner that promotes the
utilization of such findings; and
``(2) may be used by the Secretary, acting through
the Director of the Institute of Education Sciences--
``(A) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs assisted or authorized under
this Act and related Federal early childhood
education, preschool, elementary school, and
secondary school programs under any other
Federal law; and
``(B) assist grantees of such programs in
collecting and analyzing data related to
conducting high-quality evaluations under
paragraph (1).
``(c) Title I.--The Secretary, acting through the Director of
the Institute of Education Sciences, shall use funds authorized
under subsection(a)(1) to carry out evaluation activities under
this section related to title I.
``(d) Consolidation.--Notwithstanding any other provision of
this section the Secretary in consultation with the Director of
the Institute of Education Sciences--
``(1) may consolidate the funds reserved under
subsections (a) or (c) for purposes of carrying out the
activities under subsection (b)(1) and subsection (g);
and
``(2) shall not be required to evaluate under
subsection (b)(1) each program authorized under this
Act each year.
``(e) Evaluation Plan.--The Director of the Institute of
Education Sciences, shall, on a biennial basis, develop, submit
to Congress, and make publicly available an evaluation plan,
that--
``(1) describes the specific activities that will be
carried out under subsection (b) for the 2-year period
applicable to the plan, and the timelines of such
activities;
``(2) contains the results of the activities carried
out under subsection (b) for the most recent 2-year
period; and
``(3) describes how programs authorized under this
Act will be regularly evaluated.
``(f) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act, funds are authorized to be
reserved or used for evaluation activities with respect to a
program, the Secretary may not reserve additional funds under
this section for the evaluation of that program.''.
Subtitle C--Keeping All Students Safe
SEC. 911. KEEPING ALL STUDENTS SAFE.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART G--KEEPING ALL STUDENTS SAFE
``SEC. 9701. DEFINITIONS.
``In this part:
``(1) Chemical restraint.--The term `chemical
restraint' means a drug or medication used on a student
to control behavior or restrict freedom of movement
that is not--
``(A) prescribed by a licensed physician, or
other qualified health professional acting
under the scope of the professional's authority
under State law, for the standard treatment of
a student's medical or psychiatric condition;
and
``(B) administered as prescribed by the
licensed physician or other qualified health
professional acting under the scope of the
professional's authority under State law.
``(2) Mechanical restraint.--The term `mechanical
restraint' has the meaning given the term in section
595(d)(1) of the Public Health Service Act (42 U.S.C.
290jj(d)(1)), except that the meaning shall be applied
by substituting `student's' for `resident's'.
``(3) Physical escort.--The term `physical escort'
has the meaning given the term in section 595(d)(2) of
the Public Health Service Act (42 U.S.C. 290jj(d)(2)),
except that the meaning shall be applied by
substituting `student' for `resident'.
``(4) Physical restraint.--The term `physical
restraint' mean a personal restriction that immobilizes
or reduces the ability of an individual to move the
individual's arms, legs, torso, or head freely. Such
term does not include a physical escort, mechanical
restraint, or chemical restraint.
``(5) Positive behavior supports.--The term `positive
behavior supports' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking
to improve school climate and culture, including a
range of systemic and individualized strategies to
reinforce desired behaviors and diminish reoccurrence
of problem behaviors, in order to achieve improved
academic and social outcomes and increase learning for
all students, including students with the most complex
and intensive behavioral needs.
``(6) Protection and advocacy system.--The term
`protection and advocacy system' means a protection and
advocacy system established under subtitle C of title I
of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
``(7) School.--The term `school' means an entity--
``(A) that--
``(i) is a public or private--
``(I) day or residential
elementary school or secondary
school; or
``(II) early childhood,
elementary school, or secondary
school program that is under
the jurisdiction of a school,
local educational agency,
educational service agency, or
other educational institution
or program; and
``(ii) receives, or serves students
who receive, support in any form from
any program supported, in whole or in
part, with funds appropriated under the
Student Success Act; or
``(B) that is a school funded or operated by
the Department of the Interior.
``(8) School personnel.--The term `school personnel'
has the meaning--
``(A) given the term in section 4151(10); and
``(B) given the term `school resource
officer' in section 4151(11).
``(9) Seclusion.--The term `seclusion' means--
``(A) the involuntary confinement of a
student alone in a room or area from which the
student is physically prevented from leaving;
and
``(B) does not include a time out.
``(10) State-approved crisis intervention training
program.--The term `State-approved crisis intervention
training program' means a training program approved by
a State and the Secretary that, at a minimum,
provides--
``(A) training in evidence-based techniques
shown to be effective in the prevention of
physical restraint and seclusion;
``(B) training in evidence-based techniques
shown to be effective in keeping both school
personnel and students safe when imposing
physical restraint or seclusion;
``(C) evidence-based skills training related
to positive behavior supports, safe physical
escort, conflict prevention, understanding
antecedents, de-escalation, and conflict
management;
``(D) training in first aid and
cardiopulmonary resuscitation;
``(E) information describing State policies
and procedures that meet the minimum standards
established by regulations promulgated pursuant
to section 9702(a); and
``(F) certification for school personnel in
the techniques and skills described in
subparagraphs (A) through (D), which shall be
required to be renewed on a periodic basis.
``(11) Student.--The term `student' means a student
enrolled in a school defined in paragraph (7), except
that in the case of a student enrolled in a private
school or private program, such term means a student
who receives support in any form from any program
supported, in whole or in part, with funds appropriated
under the Student Success Act.
``(12) Time out.--The term `time out' has the meaning
given the term in section 595(d)(5) of the Public
Health Service Act (42 U.S.C. 290jj(d)(5)), except that
the meaning shall be applied by substituting `student'
for `resident'.
``SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION.
``(a) Minimum Standards.--Not later than 180 days after the
date of the enactment of the Student Success Act, to ensure a
safe learning environment and protect each student from
physical or mental abuse, aversive behavioral interventions
that compromise student health and safety, or any physical
restraint or seclusion imposed solely for purposes of
discipline or convenience or in a manner otherwise inconsistent
with this part, the Secretary shall promulgate regulations
establishing the following minimum standards:
``(1) School personnel shall be prohibited from
imposing on any student the following:
``(A) Mechanical restraints.
``(B) Chemical restraints.
``(C) Physical restraint or physical escort
that restricts breathing.
``(D) Aversive behavioral interventions that
compromise health and safety.
``(2) School personnel shall be prohibited from
imposing physical restraint or seclusion on a student
unless--
``(A) the student's behavior poses an
imminent danger of physical injury to the
student, school personnel, or others;
``(B) less restrictive interventions would be
ineffective in stopping such imminent danger of
physical injury;
``(C) such physical restraint or seclusion is
imposed by school personnel who--
``(i) continuously monitor the
student face-to-face; or
``(ii) if school personnel safety is
significantly compromised by such face-
to-face monitoring, are in continuous
direct visual contact with the student;
``(D) such physical restraint or seclusion is
imposed by--
``(i) school personnel trained and
certified by a State-approved crisis
intervention training program (as
defined in section 9701(16)); or
``(ii) other school personnel in the
case of a rare and clearly unavoidable
emergency circumstance when school
personnel trained and certified as
described in clause (i) are not
immediately available due to the
unforeseeable nature of the emergency
circumstance; and
``(E) such physical restraint or seclusion
ends immediately upon the cessation of the
conditions described in subparagraphs (A) and
(B).
``(3) States, in consultation with local educational
agencies and private school officials, shall ensure
that a sufficient number of personnel are trained and
certified by a State-approved crisis intervention
training program (as defined in section 9701(16)) to
meet the needs of the specific student population in
each school.
``(4) The use of physical restraint or seclusion as a
planned intervention shall not be written into a
student's education plan, individual safety plan,
behavioral plan, or individualized education program
(as defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401)). Local
educational agencies or schools may establish policies
and procedures for use of physical restraint or
seclusion in school safety or crisis plans, provided
that such school plans are not specific to any
individual student.
``(5) Schools shall establish procedures to be
followed after each incident involving the imposition
of physical restraint or seclusion upon a student,
including--
``(A) procedures to provide to the parent of
the student, with respect to each such
incident--
``(i) an immediate verbal or
electronic communication on the same
day as the incident; and
``(ii) written notification within 24
hours of the incident; and
``(B) any other procedures the Secretary
determines appropriate.
``(b) Secretary of the Interior.--The Secretary of the
Interior shall ensure that schools operated or funded by the
Department of the Interior comply with the regulations
promulgated by the Secretary under subsection (a).
``(c) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to promulgate regulations
prohibiting the use of--
``(1) time out (as defined in section 9701(20));
``(2) devices implemented by trained school
personnel, or utilized by a student, for the specific
and approved therapeutic or safety purposes for which
such devices were designed and, if applicable,
prescribed, including--
``(A) restraints for medical immobilization;
``(B) adaptive devices or mechanical supports
used to achieve proper body position, balance,
or alignment to allow greater freedom of
mobility than would be possible without the use
of such devices or mechanical supports; or
``(C) vehicle safety restraints when used as
intended during the transport of a student in a
moving vehicle; or
``(3) handcuffs by school resource officers (as such
term is defined in section 4151(11))--
``(A) in the--
``(i) case when a student's behavior
poses an imminent danger of physical
injury to the student, school
personnel, or others; or
``(ii) lawful exercise of law
enforcement duties; and
``(B) less restrictive interventions would be
ineffective.
``SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT.
``(a) State Plan.--Not later than 2 years after the Secretary
promulgates regulations pursuant to section 9702(a), and each
year thereafter, each State educational agency shall submit to
the Secretary a State plan that provides--
``(1) assurances to the Secretary that the State has
in effect--
``(A) State policies and procedures that meet
the minimum standards, including the standards
with respect to State-approved crisis
intervention training programs, established by
regulations promulgated pursuant to section
9702(a); and
``(B) a State mechanism to effectively
monitor and enforce the minimum standards;
``(2) a description of the State policies and
procedures, including a description of the State-
approved crisis intervention training programs in such
State; and
``(3) a description of the State plans to ensure
school personnel and parents, including private school
personnel and parents, are aware of the State policies
and procedures.
``(b) Reporting.--
``(1) Reporting requirements.--Not later than 2 years
after the date the Secretary promulgates regulations
pursuant to section 9702(a), and each year thereafter,
each State educational agency shall (in compliance with
the requirements of section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g)) prepare and submit to the Secretary, and make
available to the public, a report that includes the
information described in paragraph (2), with respect to
each local educational agency, and each school not
under the jurisdiction of a local educational agency,
located in the same State as such State educational
agency.
``(2) Information requirements.--
``(A) General information requirements.--The
report described in paragraph (1) shall include
information on--
``(i) the total number of incidents
in the preceding full-academic year in
which physical restraint was imposed
upon a student; and
``(ii) the total number of incidents
in the preceding full-academic year in
which seclusion was imposed upon a
student.
``(B) Disaggregation.--
``(i) General disaggregation
requirements.--The information
described in subparagraph (A) shall be
disaggregated by--
``(I) the total number of
incidents in which physical
restraint or seclusion was
imposed upon a student--
``(aa) that resulted
in injury;
``(bb) that resulted
in death; and
``(cc) in which the
school personnel
imposing physical
restraint or seclusion
were not trained and
certified as described
in section
9702(a)(2)(D)(i); and
``(II) the demographic
characteristics of all students
upon whom physical restraint or
seclusion was imposed,
including--
``(aa) the categories
identified in section
1111(h)(1)(C)(i);
``(bb) age; and
``(cc) disability
status (which has the
meaning given the term
`individual with a
disability' in section
7(20) of the
Rehabilitation Act of
1973 (29 U.S.C.
705(20))).
``(ii) Unduplicated count;
exception.--The disaggregation required
under clause (i) shall--
``(I) be carried out in a
manner to ensure an
unduplicated count of the--
``(aa) total number
of incidents in the
preceding full-academic
year in which physical
restraint was imposed
upon a student; and
``(bb) total number
of incidents in the
preceding full-academic
year in which seclusion
was imposed upon a
student; and
``(II) not be required in a
case in which the number of
students in a category would
reveal personally identifiable
information about an individual
student.
``(c) Enforcement.--
``(1) In general.--
``(A) Use of remedies.--If a State
educational agency fails to comply with
subsection (a) or (b), the Secretary shall--
``(i) withhold, in whole or in part,
further payments under an applicable
program (as such term is defined in
section 400(c) of the General Education
Provisions Act (20 U.S.C. 1221)) in
accordance with section 455 of such Act
(20 U.S.C. 1234d);
``(ii) require a State educational
agency to submit, and implement, within
1 year of such failure to comply, a
corrective plan of action, which may
include redirection of funds received
under an applicable program; or
``(iii) issue a complaint to compel
compliance of the State educational
agency through a cease and desist
order, in the same manner the Secretary
is authorized to take such action under
section 456 of the General Education
Provisions Act (20 U.S.C. 1234e).
``(B) Cessation of withholding of funds.--
Whenever the Secretary determines (whether by
certification or other appropriate evidence)
that a State educational agency who is subject
to the withholding of payments under
subparagraph (A)(i) has cured the failure
providing the basis for the withholding of
payments, the Secretary shall cease the
withholding of payments with respect to the
State educational agency under such
subparagraph.
``(2) Rule of construction.--Nothing in this
subsection shall be construed to limit the Secretary's
authority under the General Education Provisions Act
(20 U.S.C. 1221 et seq.).
``SEC. 9704. GRANT AUTHORITY.
``(a) In General.--From the amount appropriated under section
922, the Secretary may award grants to State educational
agencies to assist the agencies in--
``(1) establishing, implementing, and enforcing the
policies and procedures to meet the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 9702(a);
``(2) improving State and local capacity to collect
and analyze data related to physical restraint and
seclusion; and
``(3) improving school climate and culture by
implementing school-wide positive behavior support
approaches.
``(b) Duration of Grant.--A grant under this section shall be
awarded to a State educational agency for a 3-year period.
``(c) Application.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require, including information
on how the State educational agency will target resources to
schools and local educational agencies in need of assistance
related to preventing and reducing physical restraint and
seclusion.
``(d) Authority To Make Subgrants.--
``(1) In general.--A State educational agency
receiving a grant under this section may use such grant
funds to award subgrants, on a competitive basis, to
local educational agencies.
``(2) Application.--A local educational agency
desiring to receive a subgrant under this section shall
submit an application to the applicable State
educational agency at such time, in such manner, and
containing such information as the State educational
agency may require.
``(e) Private School Participation.--
``(1) In general.--A local educational agency
receiving subgrant funds under this section shall,
after timely and meaningful consultation with
appropriate private school officials, ensure that
private school personnel can participate, on an
equitable basis, in activities supported by grant or
subgrant funds.
``(2) Public control of funds.--The control of funds
provided under this section, and title to materials,
equipment, and property purchased with such funds,
shall be in a public agency, and a public agency shall
administer such funds, materials, equipment, and
property.
``(f) Required Activities.--A State educational agency
receiving a grant, or a local educational agency receiving a
subgrant, under this section shall use such grant or subgrant
funds to carry out the following:
``(1) Researching, developing, implementing, and
evaluating strategies, policies, and procedures to
prevent and reduce physical restraint and seclusion in
schools, consistent with the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 9702(a).
``(2) Providing professional development, training,
and certification for school personnel to meet such
standards.
``(3) Carrying out the reporting requirements under
section 9703(b) and analyzing the information included
in a report prepared under such section to identify
student, school personnel, and school needs related to
use of physical restraint and seclusion.
``(g) Additional Authorized Activities.--In addition to the
required activities described in subsection (f), a State
educational agency receiving a grant, or a local educational
agency receiving a subgrant, under this section may use such
grant or subgrant funds for one or more of the following:
``(1) Developing and implementing high-quality
professional development and training programs to
implement evidence-based systematic approaches to
school-wide positive behavior supports, including
improving coaching, facilitation, and training capacity
for administrators, teachers, specialized instructional
support personnel, and other staff.
``(2) Providing technical assistance to develop and
implement evidence-based systematic approaches to
school-wide positive behavior supports, including
technical assistance for data-driven decisionmaking
related to behavioral supports and interventions in the
classroom.
``(3) Researching, evaluating, and disseminating
high-quality evidence-based programs and activities
that implement school-wide positive behavior supports
with fidelity.
``(4) Supporting other local positive behavior
support implementation activities consistent with this
subsection.
``(h) Evaluation and Report.--Each State educational agency
receiving a grant under this section shall, at the end of the
3-year grant period for such grant--
``(1) evaluate the State's progress toward the
prevention and reduction of physical restraint and
seclusion in the schools located in the State,
consistent with the minimum standards established by
regulations promulgated by the Secretary pursuant to
section 9702(a); and
``(2) submit to the Secretary a report on such
progress.
``(i) Department of the Interior.--From the amount
appropriated under section 9708, the Secretary may allocate
funds to the Secretary of the Interior for activities under
this section with respect to schools operated or funded by the
Department of the Interior, under such terms as the Secretary
of Education may prescribe.
``SEC. 9705. NATIONAL ASSESSMENT.
``(a) National Assessment.--The Secretary shall carry out a
national assessment to determine the effectiveness of this
part, which shall include--
``(1) analyzing data related to physical restraint
and seclusion incidents;
``(2) analyzing the effectiveness of Federal, State,
and local efforts to prevent and reduce the number of
physical restraint and seclusion incidents in schools;
``(3) identifying the types of programs and services
that have demonstrated the greatest effectiveness in
preventing and reducing the number of physical
restraint and seclusion incidents in schools; and
``(4) identifying evidence-based personnel training
models with demonstrated success in preventing and
reducing the number of physical restraint and seclusion
incidents in schools, including models that emphasize
positive behavior supports and de-escalation techniques
over physical intervention.
``(b) Report.--The Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate--
``(1) not later than 3 years after the date of
enactment of the Student Success Act, an interim report
that summarizes the preliminary findings of the
assessment described in subsection (a); and
``(2) not later than 5 years after the date of the
enactment of the Student Success Act, a final report of
the findings of the assessment.
``SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS.
``Protection and Advocacy Systems shall have the authority
provided under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to
investigate, monitor, and enforce protections provided for
students under this part.
``SEC. 9707. LIMITATION OF AUTHORITY.
``(a) In General.--Nothing in this part shall be construed to
restrict or limit, or allow the Secretary to restrict or limit,
any other rights or remedies otherwise available to students or
parents under Federal or State law or regulation.
``(b) Applicability.--
``(1) Private schools.--Nothing in this part shall be
construed to affect any private school that does not
receive, or does not serve students who receive,
support in any form from any program supported, in
whole or in part, with funds appropriated to the
Department of Education.
``(2) Home schools.--Nothing in this part shall be
construed to--
``(A) affect a home school, whether or not a
home school is treated as a private school or
home school under State law; or
``(B) consider parents who are schooling a
child at home as school personnel.
``SEC. 9708. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this part for fiscal year 2016 and each
of the 4 succeeding fiscal years.
``SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE
PROCEDURES.
``(a) Presumption.--It is the presumption of Congress that
grants awarded under this part will be awarded using
competitive procedures based on merit.
``(b) Report to Congress.--If grants are awarded under this
part using procedures other than competitive procedures, the
Secretary shall submit to Congress a report explaining why
competitive procedures were not used.''.
Subtitle D--Protecting Student Athletes From Concussions
SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS.
Title IX (20 U.S.C. 7801 et seq.) is further amended by
adding at the end the following:
``PART H--PROTECTING STUDENT ATHLETES FROM CONCUSSIONS
``SEC. 9801. MINIMUM STATE REQUIREMENTS.
``Beginning with fiscal year 2016, in order to be eligible to
receive funds for such year or a subsequent fiscal year under
this Act each State educational agency shall issue regulations
establishing the following minimum requirements in order to
protect student academic achievement from the impact of
concussions:
``(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the
State, in consultation with members of the community in
which such agency is located, shall develop and
implement a standard plan for concussion safety and
management that includes--
``(A) the education of students, parents, and
school personnel about concussions, such as--
``(i) the training and certification
of school personnel, including coaches,
athletic trainers, and school nurses,
on concussion safety and management;
and
``(ii) using and maintaining
standardized release forms, treatment
plans, observation, monitoring and
reporting forms, recordkeeping forms,
and post-injury fact sheets;
``(B) supports for students recovering from a
concussion, such as--
``(i) guiding such student in
resuming participation in athletic
activity and academic activities with
the help of a multi-disciplinary team,
which may include--
``(I) a health care
professional, the parents of
such student, a school nurse,
or other relevant school
personnel; and
``(II) an individual who is
assigned by a public school to
oversee and manage the recovery
of such student;
``(ii) providing appropriate academic
accommodations; and
``(iii) referring students whose
symptoms of concussion reemerge or
persist upon the reintroduction of
cognitive and physical demands for
evaluation of the eligibility of such
students for services under the
Individual with Disabilities Education
Act (20 U.S.C. 1400 et seq.) and the
Rehabilitation Act of 1973 (29 U.S.C.
701 note et seq.); and
``(C) best practices designed to ensure, with
respect to concussions, the uniformity of
safety standards, treatment, and management,
such as--
``(i) disseminating information on
concussion management safety and
management to the public; and
``(ii) applying uniform standards for
concussion safety and management to all
students enrolled in public schools.
``(2) Posting of information on concussions.--Each
public elementary school and each secondary school
shall post on school grounds, in a manner that is
visible to students and school personnel, and make
publicly available on the school website, information
on concussions that--
``(A) is based on peer-reviewed scientific
evidence (such as information made available by
the Centers for Disease Control and
Prevention);
``(B) shall include--
``(i) the risks posed by sustaining a
concussion;
``(ii) the actions a student should
take in response to sustaining a
concussion, including the notification
of school personnel; and
``(iii) the signs and symptoms of a
concussion; and
``(C) may include--
``(i) the definition of a concussion;
``(ii) the means available to the
student to reduce the incidence or
recurrence of a concussion; and
``(iii) the effects of a concussion
on academic learning and performance.
``(3) Response to concussion.--If any school
personnel, including coaches and athletic trainers, of
a public school suspects that a student has sustained a
concussion during a school-sponsored athletic
activity--
``(A) the student shall be--
``(i) immediately removed from
participation in such activity; and
``(ii) prohibited from returning to
participate in school-sponsored
athletic activities--
``(I) on the day such student
sustained a concussion; and
``(II) until such student
submits a written release from
a health care professional
stating that the student is
capable of resuming
participation in school-
sponsored athletic activities;
and
``(B) such personnel shall report to the
parent or guardian of such student--
``(i) the date, time, and extent of
the injury suffered by such student;
and
``(ii) any actions taken to treat
such student.
``(4) Return to athletics and academics.--Before a
student who has sustained a concussion in a school-
sponsored athletic activity resumes participation in
school-sponsored athletic activities or academic
activities, the school shall receive a written release
from a health care professional, that--
``(A) states that the student is capable of
resuming participation in such activities; and
``(B) may require the student to follow a
plan designed to aid the student in recovering
and resuming participation in such activities
in a manner that--
``(i) is coordinated, as appropriate,
with periods of cognitive and physical
rest while symptoms of a concussion
persist; and
``(ii) reintroduces cognitive and
physical demands on such student on a
progressive basis only as such
increases in exertion do not cause the
reemergence or worsening of symptoms of
a concussion.
``SEC. 9802. REPORT TO SECRETARY OF EDUCATION.
``Not later than 6 months after promulgating regulations
pursuant to section 9801 in order to be eligible to receive
funds under this Act, each State educational agency shall
submit to the Secretary of Education a report that contains--
``(1) a description of the State regulations
promulgated pursuant to section 9801; and
``(2) an assurance that the State has implemented
such regulations.
``SEC. 9803. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to alter or
supersede State law with respect to education standards or
procedures or civil liability.
``SEC. 9804. DEFINITIONS.
``In this subtitle:
``(1) Concussion.--The term `concussion' means a type
of traumatic brain injury that--
``(A) is caused by a blow, jolt, or motion to
the head or body that causes the brain to move
rapidly in the skull;
``(B) disrupts normal brain functioning and
alters the mental state of the individual,
causing the individual to experience--
``(i) any period of observed or self-
reported--
``(I) transient confusion,
disorientation, or impaired
consciousness;
``(II) dysfunction of memory
around the time of injury; and
``(III) loss of consciousness
lasting less than 30 minutes;
``(ii) any one of four types of
symptoms of a headache, including--
``(I) physical symptoms, such
as headache, fatigue, or
dizziness;
``(II) cognitive symptoms,
such as memory disturbance or
slowed thinking;
``(III) emotional symptoms,
such as irritability or
sadness; and
``(IV) difficulty sleeping;
and
``(C) can occur--
``(i) with or without the loss of
consciousness; and
``(ii) during participation in any
organized sport or recreational
activity.
``(2) Health care professional.--The term `health
care professional' means a physician, nurse, certified
athletic trainer, physical therapist, neuropsychologist
or other qualified individual who--
``(A) is a registered, licensed, certified,
or otherwise statutorily recognized by the
State to provide medical treatment;
``(B) is experienced in the diagnosis and
management of traumatic brain injury among a
pediatric population; and
``(C) may be a volunteer.
``(3) School personnel.--The term `school personnel'
has the meaning given such term in section 4151.
``(4) School-sponsored athletic activity.--The term
`school-sponsored athletic activity' means--
``(A) any physical education class or program
of a school;
``(B) any athletic activity authorized during
the school day on school grounds that is not an
instructional activity; and
``(C) any extracurricular sports team, club,
or league organized by a school on or off
school grounds.''.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS
SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youths
``SEC. 721. STATEMENT OF POLICY.
``The following is the policy of Congress:
``(1) Each State educational agency shall ensure that
each homeless child and youth has access to the same
free, appropriate public education, including a public
preschool education, as provided to other children and
youth.
``(2) In any State where compulsory residency
requirements or other requirements of laws,
regulations, practices, or policies may act as a
barrier to the identification, enrollment, attendance,
or success in school of homeless children and youth,
the State shall review and revise such laws,
regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free
appropriate public education as is provided to other
children and youth.
``(3) Homelessness is not a sufficient reason to
separate students from the mainstream school
environment.
``(4) Homeless children and youth shall have access
to the education and other services that such children
and youth need to ensure that such children and youth
have an opportunity to meet the same college and career
ready State student academic achievement standards to
which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
``(a) General Authority.--The Secretary is authorized to make
grants to States from allotments made under subsection (c) and
in accordance with this section to enable such States to carry
out the activities described in subsections (d) through (g).
``(b) Application.--In order for a State to be eligible to
receive a grant under this section, the State educational
agency, in consultation with other relevant State agencies,
shall submit an application to the Secretary at such time, in
such manner, and containing or accompanied by such information
as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) Allocation.--
``(A) In general.--Subject to subparagraph
(C), the Secretary is authorized to allot to
each State an amount that bears the same ratio
to the amount appropriated for such year under
section 727 that remains after the Secretary
reserves funds under paragraph (2) and uses
funds to carry out section 724(d) and (h), as
the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6332) to the State for that year
bears to the total amount allocated under
section 1122 of such Act to all States for that
year, except as provided in subparagraph (B)--
``(B) Minimum allotments.--No State shall
receive for a fiscal year less under this
paragraph than the greater of--
``(i) $300,000; or
``(ii) an amount that bears the same
ratio to the amount appropriated for
such year under section 727 that
remains after the Secretary reserves
funds under paragraph (2) and uses
funds to carry out section 724 (d) and
(h), as the amount the State received
under this paragraph for the preceding
fiscal year bears to the total amount
received by all States under this
paragraph for the preceding fiscal
year.
``(C) Reduction for insufficient funds.--If
there are insufficient funds in a fiscal year
to allot to each State the minimum amount under
subparagraph (B), the Secretary shall ratably
reduce the allotments to all States based on
the proportionate share that each State
received under this subsection for the
preceding fiscal year.
``(2) Reservations.--
``(A) Students in territories.--The Secretary
is authorized to reserve 0.1 percent of the
amount appropriated for each fiscal year under
section 727 to be allocated by the Secretary
among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, according to their
respective need for assistance under this
title, as determined by the Secretary. Funds
allocated under this subparagraph shall be used
for programs that are consistent with the
purposes of the programs described in this
subtitle.
``(B) Indian students.--
``(i) Transfer.--The Secretary shall
transfer 1 percent of the amount
appropriated for each fiscal year under
section 727 to the Department of the
Interior for programs that are for
Indian students served by schools
funded by the Secretary of the
Interior, as determined under the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.),
and that are consistent with the
purposes of the programs described in
this title.
``(ii) Agreement.--The Secretary of
Education and the Secretary of the
Interior shall enter into an agreement,
consistent with the requirements of
this title, for the distribution and
use of the funds described in clause
(i) under terms that the Secretary of
Education determines best meet the
purposes of the programs described in
this title. Such agreement shall set
forth the plans of the Secretary of the
Interior for the use of the funds
transferred, including appropriate
goals, objectives, and milestones for
that use.
``(d) State Activities.--Grant funds from a grant made to a
State under this section shall be used for the following:
``(1) To provide activities for and services to
improve the identification of homeless children and
youth and enable such children and youth to enroll in,
attend, and succeed in school, including in early
childhood education programs.
``(2) To establish or designate an Office of the
Coordinator for Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f) that has sufficient knowledge,
authority, and time to carry out the duties described
in this title.
``(3) To prepare and carry out the State plan
described in subsection (g).
``(4) To develop and implement professional
development activities for liaisons designated under
subsection (g)(1)(J)(ii), other local educational
agency school personnel, and community agencies to
improve their--
``(A) identification of homeless children and
youth; and
``(B) awareness of, and capacity to respond
to, specific needs in the education of homeless
children and youth.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the
grant funds made available each year to a State under
subsection (a) to carry out this title, the State
educational agency shall distribute not less than 75
percent by making subgrants under section 723 to local
educational agencies for the purposes of carrying out
section 723.
``(2) Use by state educational agency.--A State
educational agency may use any grant funds remaining
after making subgrants under section 723 to conduct
activities under subsection (f) directly or through
making grants or entering into contracts.
``(3) Prohibition on segregating homeless students.--
In providing a free public education to a homeless
child or youth, no State receiving funds under this
title shall segregate such child or youth in a separate
school, or in a separate program within a school, based
on such child's or youth's status as homeless.
``(A) Exception.--Notwithstanding paragraph
(3), paragraphs (1)(J)(i) and (3) of subsection
(g), section 723(a)(2), and any other provision
of this title relating to the placement of
homeless children or youths in schools, a State
that has a separate school for homeless
children or youths that was operated and in
receipt of funds under this title in fiscal
year 2015 in a covered county shall be eligible
to receive funds under this title for programs
carried out in such school.
``(B) Definition.--For purposes of this
paragraph, the term `covered county' means San
Diego County, California.
``(f) Functions of the Office of Coordinator.--The
Coordinator for Education of Homeless Children and Youth
established in each State shall--
``(1) gather and make publicly available reliable,
valid, and comprehensive information on
``(A) the nature and extent of the problems
homeless children and youth have in gaining
access to public preschool programs, and to
public elementary schools and secondary
schools;
``(B) the difficulties in identifying the
special needs and barriers to participation and
achievement of such children and youth;
``(C) any progress made by the State
educational agency and local educational
agencies in the State in addressing such
problems and difficulties; and
``(D) the success of the programs under this
title in identifying homeless children and
youth and allowing homeless children and youth
to enroll in, attend, and succeed in school;
and
``(2) develop and carry out the State plan described
in subsection (g);
``(3) collect data for and transmit to the Secretary,
at such time and in such manner as the Secretary may
require, reports containing such information as the
Secretary determines is necessary to assess the
educational needs of homeless children and youth within
the State including data requested pursuant to section
724(h);
``(4) improve the provision of comprehensive
education and related support services to homeless
children and youth and their families, and to minimize
educational disruption, through coordination of
activities and collaboration with--
``(A) educators, including teachers,
administrators, specialized instructional
support personnel, and child development and
preschool program personnel;
``(B) providers of services to homeless
children and youth and homeless families,
public and private child welfare and social
service agencies, law enforcement agencies,
juvenile and family courts, agencies providing
mental health services, domestic violence
agencies, child care providers, runaway and
homeless youth centers, and providers of
services and programs funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et
seq.);
``(C) providers of emergency, transitional,
and permanent housing to homeless children and
youth, and their families, including public
housing agencies, shelter operators, operators
of transitional housing facilities, and
providers of transitional living programs for
homeless youth;
``(D) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
``(E) community organizations and groups
representing homeless children and youth and
their families; and
``(5) provide professional development and technical
assistance to and conduct monitoring of local
educational agencies, in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of paragraphs (3)
through (8) of subsection (g), and subsection (e)(3);
and
``(g) State Plan.--
``(1) In general.--Each State shall submit to the
Secretary and implement a plan to provide for the
education of homeless children and youth within the
State. Such plan shall include the following:
``(A) A description of how such children and
youth are (or will be) given the opportunity
``(i) to meet the same challenging
State academic achievement standards
all students are expected to meet; and
``(ii) to become college and career
ready.
``(B) A description of the procedures the
State educational agency will use, in
coordination with local educational agencies,
to identify such children and youths in the
State and to assess their needs.
``(C) A description of procedures for the
prompt resolution of disputes arising under
this title, which shall--
``(i) be developed in coordination
and collaboration with the liaisons
designated under subparagraph (J)(ii);
``(ii) be readily available and
provided in a written format and, to
the extent practicable, in a manner and
form understandable to the parents and
guardians of homeless children and
youth;
``(iii) take into account the
educational best interest of the
homeless child or youth, or
unaccompanied youth, involved; and
``(iv) ensure that parents and
guardians of homeless children and
youth, and unaccompanied youth, who
have exhausted the procedures available
under this paragraph are able to appeal
to the State educational agency, and
are enrolled in school pursuant to
paragraph (4)(C) and receive
transportation pursuant to subparagraph
(J)(iii) pending final resolution of
the dispute.
``(D) A description of programs for school
personnel (including the liaisons, principals,
attendance officers, teachers, enrollment
personnel, and specialized instructional
support personnel) to increase the awareness of
such personnel of the specific needs of
homeless adolescents, including runaway and
homeless youth.
``(E) A description of procedures that ensure
that homeless children and youth are able to
participate in Federal, State, or local
nutrition programs.
``(F) A description of procedures that ensure
that--
``(i) homeless children have access
to public preschool programs,
administered by the State educational
agency or local educational agency,
including through the policies and
practices required under paragraph (3);
``(ii) homeless youths and youth
separated from the public schools, are
identified and accorded equal access to
appropriate and available secondary
education and support services,
including receiving appropriate credit
for full or partial coursework
satisfactorily completed while
attending a prior school, and for work
completed after their enrollment in a
new school, consistent with State
graduation requirements and
accreditation standards; and
``(iii) homeless children and youth
who meet the relevant eligibility
criteria are able to participate in
Federal, State, or local educational
programs, such as
``(I) innovative school
models, including charter
schools, magnet schools, and
blended learning schools;
``(II) expanded learning time
and out-of-school time
programs, including before- and
after-school programs and
summer schools;
``(III) middle and secondary
school enrichment programs,
including career and technical
education, advanced placement,
international baccalaureate,
and dual enrollment courses;
``(IV) online learning
opportunities, including
virtual schools; and
``(V) relevant workforce
investment programs.
``(G) Strategies to address problems
identified in the reports provided to the
Secretary under subsection (f)(3).
``(H) Strategies to address other problems
with respect to the education of homeless
children and youth, including enrollment
problems related to--
``(i) immunization and other required
health records and screenings;
``(ii) residency requirements;
``(iii) lack of birth certificates,
school records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code
requirements.
``(I) A demonstration that the State
educational agency and local educational
agencies and schools in the State have
developed, and shall review and revise, their
policies and practices to remove barriers to
the identification, enrollment, attendance,
retention, and success of homeless children and
youth in schools, including early childhood
education programs, in the State.
``(J) Assurances that the following will be
carried out--
``(i) the State educational agency
and local educational agencies in the
State will adopt policies and practices
to ensure that homeless children and
youth are not stigmatized or segregated
on the basis of their status as
homeless;
``(ii) local educational agencies
will designate an appropriate staff
person as the local educational agency
liaison for homeless children and
youth, who shall have sufficient
training and time to carry out the
duties described in paragraph (7)(A),
and who may also be a coordinator for
other Federal programs.
``(iii) the State and local
educational agencies in the State will
adopt policies and practices to ensure
that transportation is provided at the
request of the parent or guardian
involved (or in the case of an
unaccompanied youth, the liaison), to
and from the school of origin for as
long as the student has the right to
attend the school of origin as
determined in paragraph (4)(A), in
accordance with the following, where
applicable:
``(I) If the child or youth
continues to live in the area
served by the local educational
agency for the school of
origin, the child's or youth's
transportation to and from the
school of origin shall be
provided or arranged by the
local educational agency for
the school of origin.
``(II) If the child's or
youth's living arrangements in
the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing the
child's or youth's education in
the school of origin, begins
living in an area served by
another local educational
agency, the local educational
agency of origin and the local
educational agency for the area
in which the child or youth is
living shall agree upon a
method to apportion the
responsibility and cost for
providing transportation to and
from the school of origin. If
the local educational agencies
are unable to agree upon such
method, the responsibility and
costs for transportation shall
be shared equally between the
agencies.
``(iv) The State educational agency
and local educational agencies will
adopt policies and practices to promote
school success for homeless children
and youth, including access to full
participation in academic and
extracurricular activities that are
made available to non-homeless
students.
``(2) Compliance.--
``(A) In general.--Each plan adopted under
this subsection shall also describe how the
State will ensure that local educational
agencies in the State will comply with the
requirements of paragraphs (3) through (8).
``(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local educational agency liaisons designated
under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational
agency serving each child or youth to be
assisted under this title shall, according to
the child's or youth's best interest--
``(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
``(I) in any case in which
the child or youth becomes a
homeless child or youth between
academic years or during an
academic year; or
``(II) for the remainder of
the academic year, if the child
or youth becomes permanently
housed during an academic year;
or
``(ii) enroll the child or youth in
any public school that nonhomeless
students who live in the attendance
area in which the child or youth is
actually living are eligible to attend.
``(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
``(i) presume that keeping a homeless
child or youth in the school of origin
is in the child's or youth's best
interest, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian;
``(ii) consider student-centered
factors related to the child's or
youth's best interest, including
factors related to the impact of
mobility on achievement, education,
health, and safety of homeless children
and youth, giving priority to the
wishes of the homeless child's or
youth's parent or guardian or the
unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination described in
clause (ii), the local educational
agency determines that it is not in the
child's or youth's best interest to
attend the school or origin or the
school requested by the parent,
guardian, or unaccompanied youth,
provide, in coordination with the local
educational agency liaison, the
homeless child's or youth's parent or
guardian or the unaccompanied youth,
with a written explanation in a manner
or form understandable to such parent,
guardian, or youth, to the extent
practicable, including a statement
regarding the right to appeal under
subparagraph (E);
``(iv) in the case of an
unaccompanied youth, ensure that the
homeless liaison designated under
paragraph (1)(J)(ii) assists in
placement or enrollment decisions under
this subparagraph, gives priority to
the views of such unaccompanied youth,
and provides notice to such youth of
the right to appeal under subparagraph
(E); and
``(v) provide transportation pursuant
to paragraphs (1)(J)(iii) and (5).
``(C) Enrollment.--
``(i) Enrollment.--The school
selected in accordance with this
paragraph shall immediately enroll the
homeless child or youth, even if the
child or youth--
``(I) is unable to produce
records traditionally required
for enrollment, including
previous academic records,
health records, proof of
residency or guardianship, or
other documentation;
``(II) has unpaid fines or
fees from prior schools or is
unable to pay fees in the
school selected; or
``(III) has missed
application or enrollment
deadlines during any period of
homelessness.
``(ii) Contacting school last
attended.--The enrolling school shall
immediately contact the school last
attended by the child or youth to
obtain relevant academic and other
records.
``(iii) Relevant health records.--If
the child or youth needs to obtain
immunizations or other required health
records, the enrolling school shall
immediately enroll the child or youth
and immediately refer the parent or
guardian of the child or youth, or the
unaccompanied youth, to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
assist in obtaining necessary
immunizations or screenings or other
required health records, in accordance
with subparagraph (D).
``(iv) No liability.--Whenever the
school selected enrolls an
unaccompanied youth in accordance with
this paragraph, no liability shall be
imposed upon the school by reason of
enrolling the youth without parent or
guardian consent.
``(D) Records.--Any record ordinarily kept by
the school, including immunization or medical
records, academic records, birth certificates,
guardianship records, and evaluations for
special services or programs, regarding each
homeless child or youth shall be maintained--
``(i) so that the records involved
are available when a child or youth
enters a new school or school district,
even if the child or youth owes fees or
fines or did not withdraw from the
previous school in conformance with
local withdrawal procedures; and
``(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(E) Disputes.--If a dispute arises over
eligibility, enrollment, school selection or
service in a public school or public preschool,
or any other issue relating to services under
this title--
``(i) in the case of a dispute
relating to eligibility for enrollment
or school selection, the child or youth
shall be immediately enrolled in the
school in which enrollment is sought,
pending final resolution of the dispute
including all available appeals;
``(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school's
decision regarding eligibility for
enrollment, school selection, or
services, made by the school or the
local educational agency, which shall
include information about the right to
appeal the decision;
``(iii) the child, youth, parent, or
guardian shall be referred to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
carry out the dispute resolution
process as described in paragraph
(1)(C) as expeditiously as possible
after receiving notice of such dispute;
and
``(iv) in the case of an
unaccompanied youth, the liaison shall
ensure that the youth is immediately
enrolled in the school in which the
youth seeks enrollment, pending
resolution of such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth involved lives with the
homeless parents or has been temporarily placed
elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph,
the term `school of origin' means the
school that the child or youth attended
when permanently housed or the school
in which the child or youth was last
enrolled.
``(ii) Receiving school.--When a
child or youth completes the final
grade level served by the school of
origin, as described in clause (i), the
term `school of origin' shall include
the designated receiving school at the
next grade level for the feeder school
that the child or youth attended.
``(H) Contact information.--Nothing in this
title shall prohibit a local educational agency
from requiring a parent or guardian of a
homeless child to submit contact information.
``(I) Privacy.--Information about a homeless
child's or youth's living situation shall be
treated as a student education record under
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) and shall not be released
to housing providers, employers, law
enforcement personnel, or other persons or
agencies not authorized to have such
information under section 99.31 of title 34,
Code of Federal Regulations, paying particular
attention to preventing disruption of the
living situation of the child or youth and to
supporting the safety of such children and
youth who are survivors of domestic violence
and unaccompanied youth.
``(J) Academic achievement.--The school
selected in accordance with this paragraph
shall ensure that homeless children and youth
have opportunities to meet the same college and
career ready State student academic achievement
standards to which other students are held,
including implementing the policies and
practices required by paragraph (1)(J)(iv).
``(4) Comparable services.--In addition to receiving
services provided for homeless children and youth under
this title or other Federal, State, or local laws,
regulations, policies, or practices, each homeless
child or youth to be assisted under this title shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(4), including the following:
``(A) Transportation services.
``(B) Educational services for which the
child or youth meets the eligibility criteria,
such as services provided under title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), similar State or
local programs, charter schools, magnet
schools, educational programs for children with
disabilities, and educational programs for
students with limited English proficiency.
``(C) Programs in vocational and technical
education.
``(D) Programs for gifted and talented
students.
``(E) School nutrition programs.
``(F) Health and counseling services, as
appropriate.
``(5) Coordination.--
``(A) In general.--Each local educational
agency shall coordinate--
``(i) the provision of services under
this title with the services of local
social services agencies and other
agencies or entities providing services
to homeless children and youth and
their families, including services and
programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et
seq.); and
``(ii) transportation, transfer of
school records, and other interdistrict
activities, with other local
educational agencies.
``(B) Housing assistance.--Each State
educational agency and local educational agency
that receives assistance under this title shall
coordinate, if applicable, with State and local
housing agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youth who become
homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
``(i) ensure that all homeless
children and youth are identified
within a reasonable time frame;
``(ii) ensure that all homeless
children and youth have access to and
are in reasonable proximity to
available education and related support
services; and
``(iii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youth who are
to be assisted both under this title, and under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) or section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
each local educational agency shall coordinate
the provision of services under this title with
the provision of programs for children with
disabilities served by such local educational
agency and other involved local educational
agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency
liaison for homeless children and youth,
designated under paragraph (1)(J)(ii), shall
ensure that--
``(i) all homeless children and
youths are identified by school
personnel and through coordination
activities with other entities and
agencies;
``(ii) homeless children and youth
are enrolled in, and have a full and
equal opportunity to succeed in,
schools of that local educational
agency;
``(iii) homeless families, children,
and youth have access to educational
services for which such families,
children, and youth are eligible,
including services through Head Start,
Early Head Start, early intervention,
and Even Start programs, and preschool
programs;
``(iv) homeless families, and
homeless children and youth, receive
referrals to health care services,
dental services, mental health and
substance abuse services, housing
services, and other appropriate
services;
``(v) homeless children and youth are
certified as eligible for free meals
offered under the Richard B. Russell
National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.),
without further application;
``(vi) the parents or guardians of
homeless children and youth are
informed of the educational and related
opportunities available to their
children, including early learning
opportunities, and are provided with
meaningful opportunities to participate
in the education of their children;
``(vii) public notice of the
educational rights of homeless children
and youth is incorporated into
documents related to residency
requirements or enrollment, provided
upon school enrollment and withdrawal,
posted on the local educational
agency's website, and disseminated in
locations frequented by parents and
guardians of homeless children and
youth and unaccompanied youth,
including schools, shelters, public
libraries, and soup kitchens in a
manner and form understandable to
parents and guardians of homeless
children and youth and unaccompanied
youth;
``(viii) disputes are resolved in
accordance with paragraph (3)(E);
``(ix) the parent or guardian of a
homeless child or youth, or any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(4)(A).
``(x) school personnel are adequately
prepared to implement this title and
receive professional development,
resource materials, technical
assistance, and other support; and
``(xi) unaccompanied youth--
``(I) are enrolled in school;
``(II) have opportunities to
meet the same college and
career ready State student
academic achievement standards
to which other students are
held, including through
implementation of the policies
and practices required by
subparagraphs (F)(ii) and
(J)(iv) of paragraph (1); and
``(III) are informed of their
status as independent students
under section 480 of the Higher
Education Act of 1965 (20
U.S.C. 1087vv), including
through school counselors that
have received professional
development about unaccompanied
youth, and receive verification
of such status for purposes of
the Free Application for
Federal Student Aid described
in section 483 of such Act (20
U.S.C. 1090).
``(B) Notice.--State coordinators appointed
under subsection (d)(2) and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless
families and homeless children and youth of the
contact information and duties of the local
educational agency liaisons, including
publishing an annually updated list of the
liaisons working in the State on the State
educational agency's website.
``(C) Local and state coordination.--the
local educational agency liaisons shall, as a
part of their duties, coordinate and
collaborate with State coordinators and
community and school personnel responsible for
the provision of education and related support
services to homeless children and youth. Such
coordination shall include collecting and
providing to the State Coordinator the
reliable, valid, and comprehensive data needed
to meet the requirements of paragraphs (1) and
(3) of subsection (f).
``(D) Professional development.--The local
educational agency liaisons shall participate
in the professional development and other
technical assistance activities provided by the
State Coordinator pursuant to subsection
(f)(5).
``(h) Emergency Disaster Grants.--
``(1) In general.--The Secretary shall make emergency
disaster grants to eligible local educational agencies
and eligible States described in paragraph (2), in
order to increase the capacity for such local
educational agencies and States to respond to major
disasters.
``(2) Eligibility; application.--
``(A) Eligibility.--
``(i) Local educational agency
eligibility.--A local educational
agency shall be eligible to receive an
emergency disaster grant under this
subsection, based on demonstrated need,
if such local educational agency's
enrollment of homeless children and
youth has increased as a result of a
hurricane, flood, or other natural
disaster for which the President
declared a major disaster under title
IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.).
``(ii) State eligibility.--A State,
through the Office of the Coordinator
for Education of Homeless Children and
Youths in the State educational agency,
shall be eligible to receive an
emergency disaster grant under this
subsection if there are 1 or more
eligible local educational agencies, as
described in clause (i), located within
the State.
``(B) Application.--In order for an eligible
State or an eligible local educational agency
to receive a grant under this subsection, the
State educational agency, in consultation with
other relevant State agencies, or local
educational agency shall submit an application
to the Secretary at such time, in such manner,
and containing or accompanied by such
information as the Secretary may reasonably
require.
``(3) Distribution of grants.--The Secretary shall
distribute emergency disaster grant funds--
``(A) based on demonstrated need, to State
educational agencies or local educational
agencies for local educational agencies whose
enrollment of homeless children and youths has
increased as a result of a hurricane, flood, or
other natural disaster for which the President
has declared a major disaster under title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et
seq.);
``(B) expeditiously, and in no case later
than 75 days after such funds are appropriated
to the Secretary; and
``(C) in a manner that enables local
educational agencies to use such funds for the
immediate needs of disaster response and
ongoing disaster recovery.
``(4) Amount of grants.--The Secretary shall
distribute grants under this subsection in amounts
determined by the Secretary and related to the increase
in enrollment of homeless children and youths as a
result of such major disaster.
``(5) Uses of funds.--A local educational agency or
State educational agency that receives an emergency
disaster grant under this subsection shall use the
grant funds to carry out the activities described in
section 723(d).
``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency
shall, in accordance with section 722(e), and from
amounts made available to such agency under section
727, make subgrants to local educational agencies for
the purpose of facilitating the identification,
enrollment, attendance, and success in school of
homeless children and youth.
``(2) Services.--
``(A) In general.--Services under paragraph
(1)--
``(i) may be provided through
programs on school grounds or at other
facilities; and
``(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless children and youth
with nonhomeless children and youth.
``(B) Services on school grounds.--If
services under paragraph (1) are provided to
homeless children and youth on school grounds,
the schools involved may use funds under this
subtitle to provide the same services to other
children and youth who are determined by the
local educational agency serving the school to
be at risk of failing in, or dropping out of,
school.
``(3) Requirement.--Services provided under this
section shall not replace the regular academic program
and shall be designed to expand upon or improve
services provided as part of the school's regular
academic program.
``(4) Duration of grants.--Subgrants under this
section shall be for terms not to exceed 3 years.
``(b) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such information
as the State educational agency may reasonably require. Such
application shall include the following:
``(1) An assessment of the educational and related
needs of homeless children and youth in the area served
by such agency (which may be undertaken as part of a
needs assessment for other disadvantaged group).
``(2) A description of the services and programs for
which assistance is sought to address the needs
identified in paragraph (1).
``(3) An assurance that the local educational
agency's combined fiscal effort per student, or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fiscal
year for which the subgrant determination is made, was
not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination
is made.
``(4) An assurance that the applicant complies with,
or will use requested funds to comply with, paragraphs
(3) through (7) of section 722(g).
``(5) A description of policies and procedures that
the agency will implement to ensure that activities
carried out by the agency will not isolate or
stigmatize homeless children and youth.
``(6) An assurance that the local educational agency
will collect and promptly provide data requested by the
State Coordinator pursuant to paragraphs (1) and (3) of
section 722(f).
``(7) An assurance that the local educational agency
has removed the policies and practices that have
created barriers to the identification, enrollment,
attendance, retention, and success in school of all
homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency
shall, in accordance with the requirements of this
subtitle and from amounts made available to it under
section 722(a), make subgrants on a competitive basis
to local educational agencies that submit applications
under subsection (b). Such subgrants shall be awarded
on the basis of the need of such agencies under this
subtitle and the quality of the applications submitted.
``(2) Need.--
``(A) In general.--In determining need under
paragraph (1), the State educational agency may
consider the number of homeless children and
youth enrolled in preschool, elementary
schools, and secondary schools within the area
served by the local educational agency, and
shall consider the needs of such children and
youth and the ability of the local educational
agency to meet such needs.
``(B) Other considerations.--The State
educational agency may also consider the
following:
``(i) The extent to which the
proposed use of funds will facilitate
the identification, enrollment,
retention, and educational success of
homeless children and youth.
``(ii) The extent to which the
application reflects coordination with
other local and State agencies that
serve homeless children and youth.
``(ii) The extent to which the
application reflects coordination with
other local and State agencies that
serve homeless children and youth.
``(iii) The extent to which the
applicant exhibits in the application
and in current practice (as of the date
of submission of the application) a
commitment to education for all
homeless children and youth.
``(iv) Such other criteria as the
State agency determines to be
appropriate.
``(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider the following:
``(A) The applicant's needs assessment under
subsection (b)(1) and the likelihood that the
program presented in the application will meet
such needs.
``(B) The types, intensity, and coordination
of the services to be provided under the
program.
``(C) The extent to which the applicant will
promote meaningful involvement of parents or
guardians of homeless children or youth in the
education of their children.
``(D) The extent to which homeless children
and youths will be integrated into the regular
education program involved.
``(E) The quality of the applicant's
evaluation plan for the program.
``(F) The extent to which services provided
under this subtitle will be coordinated with
other services available to homeless children
and youth and their families, including housing
and social services and services provided under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), and similar State and
local programs.
``(G) The extent to which the local
educational agency will use the subgrant to
leverage resources, including by maximizing
funding for the position of the liaison
described in section 722(g)(1)(J)(ii) and the
provision of transportation.
``(H) The local educational agency's use of
funds to serve homeless children and youth
under section 1113(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).
``(I) The extent to which the applicant's
program meets such other measures as the State
educational agency considers to be indicative
of a high-quality program, including the extent
to which the local educational agency will
provide services to unaccompanied youth and
preschool-aged children.
``(J) The extent to which the application
describes how the applicant will meet the
requirements of section 722(g)(4).
``(d) Authorized Activities.--A local educational agency may
use funds awarded under this section for activities that carry
out the purpose of this subtitle, including the following:
``(1) The provision of tutoring, supplemental
instruction, and enriched educational services that are
linked to the achievement of the same college and
career ready State academic content standards and
college and career ready State student academic
achievement standards the State establishes for other
children and youths.
``(2) The provision of expedited evaluations of the
strengths, needs, and eligibility of homeless children
and youth, including needs and eligibility for programs
and services (including educational programs for gifted
and talented students, children with disabilities, and
students with limited English proficiency, charter
school programs, magnet school programs, programs in
career and technical education, and school nutrition
programs).
``(3) Professional development and other activities
for educators and specialized instructional support
personnel that are designed to heighten the
understanding and sensitivity of such educators and
personnel to the needs of homeless children and youth,
the rights of such children and youth under this
subtitle, and the specific educational needs of runaway
and homeless youth.
``(4) The provision of referral services to homeless
children and youths for medical, dental, mental, and
other health services.
``(5) The provision of assistance to defray the
excess cost of transportation under paragraphs
(1)(J)(iii) and (5)(A) of section 722(g) not otherwise
provided through Federal, State, or local funding.
``(6) The provision of developmentally appropriate
early childhood education programs, not otherwise
provided through Federal, State, or local funding.
``(7) The provision of services and assistance to
attract, engage, and retain homeless children and
youth, particularly homeless children and youth who are
not enrolled in school, in public school programs and
services provided to nonhomeless children and youths.
``(8) The provision for homeless children and youths
of before- and after-school, mentoring, and summer
programs in which a teacher or other qualified
individual provides tutoring, homework assistance, and
supervision of educational activities.
``(9) If necessary, the payment of fees and other
costs associated with tracking, obtaining, and
transferring records necessary to facilitate the
appropriate placement of homeless children and youths
in school, including birth certificates, immunization
or medical records, academic records, guardianship
records, and evaluations for special programs or
services.
``(10) The provision of education and training to the
parents of homeless children and youths about the
rights of, and resources available to, such children
and youth, and other activities designed to increase
the meaningful involvement of families of homeless
children or youth in the education of their children.
``(11) The development of coordination of activities
between schools and agencies providing services to
homeless children and youths, as described in section
722(g)(6).
``(12) The provision of pupil services (including
counseling) and referrals for such services.
``(13) Activities to address the particular needs of
homeless children and youth that may arise from
domestic violence and parental mental health or
substance abuse problems.
``(14) The adaptation of space and purchase of
supplies for any nonschool facilities made available
under subsection (a)(2) to provide services under this
subsection.
``(15) The provision of school supplies, including
those supplies to be distributed at shelters or
temporary housing facilities, or other appropriate
locations.
``(16) The provision of assistance to defray the cost
of the position of liaison designated pursuant to
section 722(g)(1)(J)(ii), not otherwise provided
through Federal, State, or local funding.
``(17) The provision of other extraordinary or
emergency assistance needed to enable homeless children
and youth to enroll, attend, and succeed in school,
including in early childhood education programs.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan
submitted by a State educational agency under section 722(g),
the Secretary shall use a peer review process and shall
evaluate whether State laws, policies, and practices described
in such plan adequately address the problems of all homeless
children and youth relating to access to education and
placement as described in such plan.
``(b) Technical Assistance.--The Secretary shall--
``(1) provide support and technical assistance to a
State educational agencies to assist such agencies in
carrying out their responsibilities under this
subtitle; and
``(2) establish or designate a Federal Office of the
Coordinator for Education of Homeless Children and
Youths that has sufficient capacity, resources, and
support to carry out the responsibilities described in
this subtitle.
``(c) Notice.--
``(1) In general.--The Secretary shall, before the
next school year that begins after the date of
enactment of the Student Success Act, develop and
disseminate a public notice of the educational rights
of homeless children and youth. The notice shall
include information regarding the definition of
homeless children and youth in section 726.
``(2) Dissemination.--The Secretary shall disseminate
the notice nationally. The Secretary also shall
disseminate such notice to heads of other Department of
Education offices, including those responsible for
special education programs, higher education, and
programs under parts A, B, C, D, G, and H of title I,
title III, title IV, and part B of title V of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421
et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102
et seq., and 7221 et seq.). The Secretary shall also
disseminate such notice to heads of other Federal
agencies, and grant recipients and other entities
carrying out federally funded programs, including Head
Start programs, grant recipients under the Health Care
for the Homeless program of the Health Resources and
Services Administration of the Department of Health and
Human Services, grant recipients under the Emergency
Food and Shelter National Board Program of the Federal
Emergency Management Agency, grant recipients under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.), grant recipients under the John H. Chafee Foster
Care Independence program, grant recipients under
homeless assistance programs administered by the
Department of Housing and Urban Development, and
recipients of Federal funding for programs carried out
by the Administration on Children, Youth and Families
of the Department of Health and Human Services.
``(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation, dissemination, and technical assistance
activities of programs designed to meet the educational needs
of homeless preschool, elementary school, and secondary school
students, and may use funds appropriated under section 727 to
conduct such activities.
``(e) Submission and Distribution.--The Secretary shall
require applications for grants under section 722 to be
submitted to the Secretary not later than the expiration of the
120-day period beginning on the date that funds are available
for purposes of making such grants and shall make such grants
not later than the expiration of the 180-day period beginning
on such date.
``(f) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (h), shall determine
the extent to which State educational agencies are ensuring
that each homeless child and homeless youth has access to a
free appropriate public education, as described in section
721(1). The Secretary shall provide support and technical
assistance to State educational agencies in areas in which
barriers to a free appropriate public education persist.
``(g) Publication.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 90 days after
the date of enactment of the Student Success Act, a summary of
the changes enacted by that Act and related strategies, which
summary shall include--
``(1) strategies by which a State can assist local
educational agencies to implement the provisions
amended by the Act;
``(2) strategies by which a State can review and
revise State policies and procedures that may present
barriers to the identification, enrollment, attendance,
and success of homeless children and youth in school;
and
``(3) strategies by which entities carrying out
preschool programs can implement requirements of
section 722(g)(3).
``(h) Information.--
``(1) In general.--From funds appropriated under
section 727, the Secretary shall, directly or through
grants, contracts, or cooperative agreements,
periodically, but not less frequently than every two
years, collect and disseminate publicly data and
information regarding--
``(A) the number and location of homeless
children and youth;
``(B) the education and related support
services such children and youth receive;
``(C) the extent to which the needs of
homeless children and youth are being met;
``(D) the academic progress being made by
homeless children and youth, including the
percent or number of homeless children and
youth participating in State assessments; and
``(E) such other data and information as the
Secretary determines to be necessary and
relevant to carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle.
``(i) Report.--Not later than 4 years after the date of
enactment of the Student Success Act, the Secretary shall
prepare and submit to the President and the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate a report on the status of education of homeless children
and youths, which shall include information on--
``(1) the education of homeless children and youth;
and
``(2) the actions of the Secretary and the
effectiveness of the programs supported under this
subtitle.
``SEC. 725. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to diminish the
rights of parents or guardians of homeless children or youth,
or unaccompanied youth, otherwise provided under State law,
policy, or practice, including laws or policies that authorize
the best interest determination in section 722(g)(3) to be made
solely by the parent, guardian, or youth involved.
``SEC. 726. DEFINITIONS.
``In this subtitle:
``(1) Enroll; enrollment.--The terms `enroll' and
`enrollment' include attending classes and
participating fully in school activities.
``(2) Homeless children and youth.--The term
`homeless children and youth'--
``(A) means individuals who lack a fixed,
regular, and adequate nighttime residence
(within the meaning of section 103(a)(1));
``(B) includes--
``(i) children and youth who--
``(I) are sharing the housing
of other persons due to loss of
housing, economic hardship, or
a similar reason;
``(II) are living in motels,
hotels, trailer parks, or
camping grounds due to the lack
of alternative adequate
accommodations;
``(III) are living in
emergency or transitional
shelters;
``(IV) subject to
subparagraph (C), are awaiting
foster care placement; and
``(V) are abandoned in
hospitals;
``(ii) children and youth who have a
primary nighttime residence that is a
public or private place not designed
for or ordinarily used as a regular
sleeping accommodation for human beings
(within the meaning of section
103(a)(2)(C));
``(iii) children and youth who are
living in cars, parks, public spaces,
abandoned buildings, substandard
housing, bus or train stations, or
similar settings; and
``(iv) migratory children (as such
term is defined in section 1312 of the
Elementary and Secondary Education Act
of 1965) who qualify as homeless for
the purposes of this subtitle because
the children are living in
circumstances described in clauses (i)
through (iii); and
``(C) 1 year after the date of enactment of
the Student Success Act, shall not include the
children and youth described in subparagraph
(B)(i)(IV).
``(3) Local educational agency; state educational
agency.--The terms `local educational agency' and
`State educational agency' have the meanings given such
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) Secretary.--The term `Secretary' means the
Secretary of Education.
``(5) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``(6) Unaccompanied youth.--The term `unaccompanied
youth' means a homeless child or youth not in the
physical custody of a parent or legal guardian.
``SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this
subtitle, other than section 725, there are authorized to be
appropriated to the Secretary $100,000,000 for fiscal year 2016
and such sums as may be necessary for each of fiscal years 2017
through 2022.
``(b) Emergency Disaster Grants.--In addition to sums
authorized under subsection (a), there are authorized to be
appropriated to the Secretary to carry out subsection (h) such
additional sums as may be necessary.''.
TITLE XI--PREKINDERGARTEN ACCESS
Subtitle A--Access to Voluntary Prekindergarten for Low- and Moderate-
Income Families
SEC. 1111. PURPOSES.
The purposes of this subtitle are to--
(1) establish a Federal-State partnership to provide
access to high-quality public prekindergarten programs
for all children from low-income and moderate-income
families to ensure that they enter kindergarten
prepared for success;
(2) broaden participation in such programs to include
children from additional middle-class families; and
(3) promote access to high-quality kindergarten, and
high-quality early childhood education programs and
settings for children.
SEC. 1112. DEFINITIONS.
In this subtitle:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section
602 of the Individuals with Disabilities Education Act
(20 U.S.C. 1401).
(2) Comprehensive early learning assessment system.--
The term ``comprehensive early learning assessment
system''--
(A) means a coordinated and comprehensive
system of multiple assessments, each of which
is valid and reliable for its specified purpose
and for the population with which it will be
used, that--
(i) organizes information about the
process and context of young children's
learning and development to help early
childhood educators make informed
instructional and programmatic
decisions; and
(ii) conforms to the recommendations
of the National Research Council
reports on early childhood; and
(B) includes, at a minimum--
(i) child screening measures to
identify children who may need follow-
up services to address developmental,
learning, or health needs in, at a
minimum, areas of physical health,
behavioral health, oral health, child
development, vision, and hearing;
(ii) child formative assessments;
(iii) measures of environmental
quality; and
(iv) measures of the quality of
adult-child interactions.
(3) Dual language learner.--The term ``dual language
learner'' means an individual who is limited English
proficient.
(4) Early childhood education program.--The term
``early childhood education program'' has the meaning
given the term under section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
(5) Elementary school.--The term ``elementary
school'' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(6) Eligibility determination date.--The term
``eligibility determination date'' means the date used
to determine eligibility for public elementary school
in the community in which the eligible local entity
involved is located.
(7) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a
charter school or a charter management
organization that acts as a local educational
agency, or an educational service agency in
partnership with a local educational agency--
(i) that has met the requirement
described in section 1112(9)(B); or
(ii) whose teachers are in progress
of meeting such requirement within two
years;
(B) an entity (including a Head Start program
or licensed child care setting) that carries
out, administers, or supports an early
childhood education program and--
(i) that has met the requirement
described in section 1112(9)(B); or
(ii) whose teachers are in progress
of meeting such requirement within two
years; or
(C) a consortium of entities described in
subparagraph (A) or (B).
(8) Full-day.--The term ``full-day'' means a day that
is--
(A) equivalent to a full school day at the
public elementary schools in a State; and
(B) not less than 5 hours a day.
(9) High-quality prekindergarten program.--The term
``high-quality prekindergarten program'' means a
prekindergarten program supported by an eligible local
entity that includes, at a minimum, the following
elements based on nationally recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age
3 or 4, by the eligibility
determination date (including children
who turn age 5 while attending the
program); or
(ii) have attained the legal age for
State-funded prekindergarten.
(B) Requires high qualifications for staff,
including that teachers meet the requirements
of 1 of the following clauses:
(i) The teacher has a bachelor's
degree in early childhood education or
a related field with coursework that
demonstrates competence in early
childhood education.
(ii) The teacher--
(I) has a bachelor's degree
in any field;
(II) has demonstrated
knowledge of early childhood
education by passing a State-
approved assessment in early
childhood education;
(III) while employed as a
teacher in the prekindergarten
program, is engaged in on-going
professional development in
early childhood education for
not less than 2 years; and
(IV) not more than 3 years
after starting employment as a
teacher in the prekindergarten
program, enrolls in and
completes a State-approved
educator preparation program in
which the teacher receives
training and support in early
childhood education.
(iii) The teacher has bachelor's
degree with a credential, license, or
endorsement that demonstrates
competence in early childhood
education.
(C) Maintains an evidence-based maximum class
size.
(D) Maintains an evidence-based child to
instructional staff ratio.
(E) Offers a full-day program.
(F) Provides developmentally appropriate
learning environments and evidence-based
curricula that are aligned with the State's
early learning and development standards
described in section 1115(1).
(G) Offers instructional staff salaries
comparable to kindergarten through grade 12
teaching staff.
(H) Provides for ongoing monitoring and
program evaluation to ensure continuous
improvement.
(I) Offers accessible comprehensive services
for children that include, at a minimum--
(i) screenings for vision, dental,
hearing, health (including mental
health), and development (including
early literacy and math skill
development) and referrals, and
assistance obtaining services, when
appropriate;
(ii) family engagement opportunities
that take into account home language,
such as parent conferences (including
parent input about their child's
development) and support services, such
as parent education, home visiting, and
family literacy services;
(iii) nutrition services, including
nutritious meals and snack options
aligned with requirements set by the
most recent Child and Adult Care Food
Program guidelines promulgated by the
Department of Agriculture as well as
regular, age-appropriate, nutrition
education for children and their
families;
(iv) programs coordinated with local
educational agencies and entities
providing programs authorized under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419 and 1431 et seq.);
(v) physical activity programs
aligned with evidence-based guidelines,
such as those recommended by the
Institute of Medicine, and which take
into account and accommodate children
with disabilities;
(vi) additional support services, as
appropriate, based on the findings of
the needs analysis as described in
section 1120; and
(vii) on-site coordination, to the
maximum extent feasible.
(J) Provides high-quality professional
development for all staff, including regular
in-classroom observation for teachers and
teacher assistants by individuals trained in
such observation and which may include
evidence-based coaching.
(K) Meets 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)).
(L) Maintains evidence-based health and
safety standards.
(M) Maintains disciplinary policies that do
not include expulsion or an extended suspension
of participating children, and that include
providing appropriate early educational
services for participating children who are
suspended for a short period of time.
(10) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(11) Homeless child.--The term ``homeless child''
means a child or youth described in section 725(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2).
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(13) Indian tribe; tribal organization.--The terms
``Indian tribe'' and ``tribal organization'' have the
meanings given the terms in 658P of the Child Care and
Development Block Grant of 1990 (42 U.S.C. 9858n).
(14) Limited english proficient.--The term ``limited
English proficient'' has the meaning given the term in
section 637 of the Head Start Act (42 U.S.C. 9832).
(15) Local educational agency; state educational
agency; educational service agency.--The terms ``local
educational agency'', ``State educational agency'', and
``educational service agency'' have the meanings given
the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(16) Migrant or seasonal agricultural labor.--The
term ``migrant or seasonal agricultural labor'' refers
to an individual who is engaged in agricultural labor,
including those who have changed their residence from
one grographic location to another in the proceeding 36
months.
(17) Migratory child.--The term ``migratory child''
has the meaning given the term in section 1309 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399).
(18) Outlying area.--The term ``outlying area'' means
each of the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Republic of Palau.
(19) Poverty line.--The term ``poverty line'' means
the official poverty line (as defined by the Office of
Management and Budget)--
(A) adjusted to reflect the percentage change
in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics of the Department of Labor for the
most recent 12-month period or other interval
for which the data are available; and
(B) applicable to a family of the size
involved.
(20) Secondary school.--The term ``secondary school''
has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(21) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(22) State.--Except as otherwise provided in this
subtitle, the term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(23) State advisory council on early childhood
education and care.--The term ``State Advisory Council
on Early Childhood Education and Care'' means the State
Advisory Council on Early Childhood Education and Care
established under section 642B(b) of the Head Start Act
(42 U.S.C. 9837b(b)).
SEC. 1113. PROGRAM AUTHORIZATION.
From amounts made available to carry out this subtitle, the
Secretary, in consultation with the Secretary of Health and
Human Services, shall award grants to States to implement high-
quality prekindergarten programs, consistent with the purposes
of this subtitle described in section 1111. For each fiscal
year, the funds provided under a grant by a State shall equal
the allotment determined for the State under section 1114.
SEC. 1114. ALLOTMENTS AND RESERVATIONS OF FUNDS.
(a) Reservation.--From the amount made available each fiscal
year to carry out this subtitle, the Secretary shall--
(1) reserve not less than 1 percent and not more than
2 percent for payments to Indian tribes and tribal
organizations;
(2) reserve \1/2\ of 1 percent for the outlying areas
to be distributed among the outlying areas on the basis
of their relative need, as determined by the Secretary
in accordance with the purposes of this subtitle;
(3) reserve \1/2\ of 1 percent for eligible local
entities that serve children in families who are
engaged in migrant or seasonal agricultural labor; and
(4) reserve not more than 1 percent or $30,000,000,
whichever amount is less, for national activities,
including administration, technical assistance, and
evaluation.
(b) Allotments.--
(1) In general.--From the amount made available each
fiscal year to carry out this subtitle and not reserved
under subsection (a), the Secretary shall make
allotments to States in accordance with paragraph (2)
that have submitted an approved application.
(2) Allotment amount.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall allot the amount made
available under paragraph (1) for a fiscal year
among the States in proportion to the number of
children who are age 4 who reside within the
State and are from families with incomes at or
below 200 percent of the poverty line for the
most recent year for which satisfactory data
are available, compared to the number of such
children who reside in all such States for that
fiscal year.
(B) Minimum allotment amount.--No State
receiving an allotment under subparagraph (A)
may receive less than \1/2\ of 1 percent of the
total amount allotted under such subparagraph.
(3) Reallotment and carry over.--
(A) In general.--If one or more States do not
receive an allotment under this subsection for
any fiscal year, the Secretary may use the
amount of the allotment for that State or
States, in such amounts as the Secretary
determines appropriate, for either or both of
the following:
(i) To increase the allotments of
States with approved applications for
the fiscal year, consistent with
subparagraph (B).
(ii) To carry over the funds to the
next fiscal year.
(B) Reallotment.--In increasing allotments
under subparagraph (A)(i), the Secretary shall
allot to each State with an approved
application an amount that bears the same
relationship to the total amount to be allotted
under subparagraph (A)(i), as the amount the
State received under paragraph (2) for that
fiscal year bears to the amount that all States
received under paragraph (2) for that fiscal
year.
(4) 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) Flexibility.--The Secretary may make minimal adjustments
to allotments under this subsection, which shall neither lead
to a significant increase or decrease in a State's allotment
determined under subsection (b), based on a set of factors,
such as the level of program participation and the estimated
cost of the activities specified in the State plan under
section 1116(a)(2).
SEC. 1115. STATE ELIGIBILITY CRITERIA.
A State is eligible to receive a grant under this subtitle if
the State demonstrates to the Secretary that the State--
(1) has established or will establish early learning
and development standards that describe what children
from birth to kindergarten entry should know and be
able to do, are universally designed and
developmentally, culturally, and linguistically
appropriate, are aligned with the State's challenging
academic content standards and challenging student
academic achievement standards, as adopted under
section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(1)), and cover
all of the essential domains of school readiness, which
address--
(A) physical well-being and motor
development;
(B) social and emotional development;
(C) approaches to learning, including music
and the arts;
(D) developmentally appropriate oral and
written language and literacy development; and
(E) cognition and general knowledge,
including early mathematics and early
scientific development;
(2) has the ability or will develop the ability to
link prekindergarten data with its elementary school
and secondary school data for the purpose of collecting
longitudinal information for all children participating
in the State's high-quality prekindergarten program and
any other Federally-funded early childhood program that
will remain with the child through the child's public
education through grade 12;
(3) offers State-funded kindergarten for children who
are eligible children for that service in the State;
and
(4) has established a State Advisory Council on Early
Childhood Education and Care.
SEC. 1116. STATE APPLICATIONS.
(a) In General.--To receive a grant under this subtitle, the
Governor of a State, in consultation with the Indian tribes and
tribal organizations in the State, if any, shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require. At a minimum, each such application shall include--
(1) an assurance that the State--
(A) will coordinate with and continue to
participate in the programs authorized under
section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and
1431 et seq.), the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.), and the maternal, infant, and early
childhood home visiting programs funded under
section 511 of the Social Security Act (42
U.S.C. 711) for the duration of the grant;
(B) will designate a State-level entity (such
as an agency or joint interagency office),
selected by the Governor, for the
administration of the grant, which shall
coordinate and consult with the State
educational agency if the entity is not the
State educational agency; and
(C) will establish, or certify the existence
of, program standards for all State
prekindergarten programs consistent with the
definition of a high-quality prekindergarten
program under section 1112;
(2) a description of the State's plan to--
(A) use funds received under this subtitle
and the State's matching funds to provide high-
quality prekindergarten programs, in accordance
with section 1117(d), with open enrollment for
all children in the State who--
(i) are described in section
1112(9)(A); and
(ii) are from families with incomes
at or below 200 percent of the poverty
line;
(B) develop or enhance a system for
monitoring eligible local entities that are
receiving funds under this subtitle for
compliance with quality standards developed by
the State and to provide program improvement
support, which may be accomplished through the
use of a State-developed system for quality
rating and improvement;
(C) if applicable, expand participation in
the State's high-quality prekindergarten
programs to children from families with incomes
above 200 percent of the poverty line;
(D) carry out the State's comprehensive early
learning assessment system, or how the State
plans to develop such a system, ensuring that
any assessments are culturally,
developmentally, and age-appropriate and
consistent with the recommendations from the
study on Developmental Outcomes and Assessments
for Young Children by the National Academy of
Sciences, consistent with section 649(j) of the
Head Start Act (42 U.S.C. 9844);
(E) develop, implement, and make publicly
available the performance measures and targets
described in section 1119;
(F) increase the number of teachers with
bachelor's degrees in early childhood
education, or with bachelor's degrees in
another closely related field and specialized
training and demonstrated competency in early
childhood education, including how institutions
of higher education will support increasing the
number of teachers with such degrees and
training, including through the use of
assessments of prior learning, knowledge, and
skills to facilitate and expedite attainment of
such degrees;
(G) coordinate and integrate the activities
funded under this subtitle with Federal, State,
and local services and programs that support
early childhood education and care, including
programs supported under this subtitle, the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Head Start Act (42 U.S.C. 9831 et
seq.), the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.), the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.), the temporary assistance for
needy families program under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.), the State incentive grant program under
section 14006 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5),
Federally funded early literacy programs, the
maternal, infant, and early childhood home
visiting programs funded under section 511 of
the Social Security Act (42 U.S.C. 711), health
improvements to child care funded under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.), the program under subtitle B of title
VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.S. 11431 et seq.), the Investing In
Innovation program under section 14007 of the
American Recovery and Reinvestment Act of 2009
(Public Law 111-5), programs authorized under
part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.), the Fostering
Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351), and any other
Federal, State, or local early childhood
education programs used in the State;
(H) award subgrants to eligible local
entities, and in awarding such subgrants,
facilitate a delivery system of high-quality
prekindergarten programs that includes diverse
providers, such as providers in community-
based, public school, and private settings, and
consider the system's impact on options for
families;
(I) in the case of a State that does not have
a funding mechanism for subgranting funds to
implement high-quality prekindergarten, use
objective criteria in awarding subgrants to
eligible local entities that will implement
high-quality prekindergarten programs,
including actions the State will take to ensure
that eligible local entities will coordinate
with local educational agencies or other early
learning providers, as appropriate, to carry
out activities to provide children served under
this subtitle with a successful transition from
preschool into kindergarten, which activities
shall include--
(i) aligning curricular objectives
and instruction;
(ii) providing staff professional
development, including opportunities
for joint-professional development on
early learning and kindergarten through
grade 3 standards, assessments, and
curricula;
(iii) coordinating family engagement
and support services; and
(iv) encouraging the shared use of
facilities and transportation, as
appropriate;
(J) use the State early learning and
development standards described in section
1115(1) to address the needs of dual language
learners, including by incorporating benchmarks
related to English language development;
(K) identify barriers, and propose solutions
to overcome such barriers, which may include
seeking assistance under section 1126, in the
State to effectively use and integrate Federal,
State, and local public funds and private funds
for early childhood education that are
available to the State on the date on which the
application is submitted;
(L) support articulation agreements (as
defined in section 486A of the Higher Education
Act of 1965 (20 U.S.C. 1093a)) between public
2-year and public 4-year institutions of higher
education and other credit-bearing professional
development in the State for early childhood
teacher preparation programs and closely
related fields;
(M) ensure that the higher education programs
in the State have the capacity to prepare a
workforce to provide high-quality
prekindergarten programs;
(N) support workforce development, including
State and local policies that support
prekindergarten instructional staff's ability
to earn a degree, certification, or other
specializations or qualifications, including
policies on leave, substitutes, and child care
services, including non-traditional hour child
care;
(O) hold eligible local entities accountable
for use of funds;
(P) ensure that the State's early learning
and development standards are integrated into
the instructional and programmatic practices of
high-quality prekindergarten programs and
related programs and services, such as those
provided to children under section 619 and part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1419 and 1431 et seq);
(Q) increase the number of children in the
State who are enrolled in high-quality
kindergarten programs and carry out a strategy
to implement such a plan;
(R) coordinate the State's activities
supported by grants under this subtitle with
activities in State plans required under the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C. 1400 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 Adult Education and Family Literacy Act (20
U.S.C. 9201 et seq.);
(S) encourage eligible local entities to
coordinate with community-based learning
resources, such as libraries, arts and arts
education programs, appropriate media programs,
family literacy programs, public parks and
recreation programs, museums, nutrition
education programs, and programs supported by
the Corporation for National and Community
Service;
(T) work with eligible local entities, in
consultation with elementary school principals,
to ensure that high-quality prekindergarten
programs have sufficient and appropriate
facilities to meet the needs of children
eligible for prekindergarten;
(U) support local early childhood
coordinating entities, such as local early
childhood councils, if applicable, and help
such entities to coordinate early childhood
education programs with high-quality
prekindergarten programs to ensure effective
and efficient delivery of early childhood
education program services;
(V) support shared services administering
entities, if applicable;
(W) ensure that the provision of high-quality
prekindergarten programs will not lead to a
diminution in the quality or supply of services
for infants and toddlers or disrupt the care of
infants and toddlers in the geographic area
served by the eligible local entity, which may
include demonstrating that the State will
direct funds to provide high-quality early
childhood education and care to infants and
toddlers in accordance with section 1117(d);
and
(X) ensure that all high-quality
prekindergarten programs the State supports
under this Act will conduct criminal history
background checks that meet the requirements of
section 9537 on employees and applicants for
employment with unsupervised access to
children; and
(3) an inventory of the State's higher education
programs that prepare individuals for work in a high-
quality prekindergarten program, including--
(A) certification programs;
(B) associate degree programs;
(C) baccalaureate degree programs;
(D) masters degree programs; and
(E) other programs that lead to a
specialization in early childhood education, or
a related field.
(b) Development of Application.--In developing an application
for a grant under this subtitle, a State shall consult with the
State Advisory Council on Early Childhood Education and Care
and incorporate such Council's recommendations, where
applicable.
(c) Construction.--Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and
procedures afforded school employees, local educational agency
employees, and the employees of early childhood education
programs 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. STATE USE OF FUNDS.
(a) Reservation for Quality Improvement Activities.--
(1) In general.--A State that receives a grant under
this subtitle may reserve for, not more than the first
4 years such State receives such a grant, not more than
20 percent of the grant funds for quality improvement
activities that support the elements of high-quality
prekindergarten programs. Such quality improvement
activities may include supporting teachers, center
directors, and principals in a State's high-quality
prekindergarten program, licensed or regulated child
care, or Head Start programs to enable such teachers or
directors to earn a baccalaureate degree in early
childhood education, or closely-related field, through
activities which may include--
(A) expanding or establishing scholarships,
counseling, and compensation initiatives to
cover the cost of tuition, fees, materials,
transportation, and release time for such
teachers;
(B) providing ongoing professional
development opportunities, including regular
in-classroom observation by individuals trained
in such observation, for such teachers,
directors, principals, and teachers assistants
to enable such teachers, directors, principals,
and teachers assistants to carry out the
elements of high-quality prekindergarten
programs, which may include activities that
address--
(i) promoting children's development
across all of the essential domains of
early learning and development;
(ii) developmentally appropriate
curricula and teacher-child
interaction;
(iii) effective family engagement;
(iv) providing culturally competent
instruction;
(v) working with a diversity of
children and families, including
children with special needs and dual
language learners;
(vi) childhood nutrition and physical
education programs;
(vii) supporting the implementation
of evidence-based curricula;
(viii) social and emotional
development; and
(ix) incorporating age-appropriate
strategies of positive behavioral
interventions and supports; and
(C) providing families with increased
opportunities to learn how best to support
their children's physical, cognitive, social,
and emotional development during the first five
years of life.
(2) Not subject to matching.--The amount reserved
under paragraph (1) shall not be subject to the
matching requirements under section 1120.
(3) Coordination.--A State that reserves an amount
under paragraph (1) shall coordinate the use of such
amount with activities funded under section 658G of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e) and the Head Start Act (42 U.S.C. 9831 et
seq.).
(4) Construction.--A State may not use funds reserved
under this subsection to meet the requirement described
in section 1112(9)(G).
(b) Subgrants for High-Quality Prekindergarten Programs.--A
State that receives a grant under this subtitle shall award
subgrants of sufficient size to eligible local entities to
enable such eligible local entities to implement high-quality
prekindergarten programs for children who--
(1) are described in section 1112(9)(A);
(2) reside within the State; and
(3) are from families with incomes at or below 200
percent of the poverty line.
(c) Administration.--A State that receives a grant under this
subtitle may reserve not more than 1 percent of the grant funds
for administration of the grant, and may use part of that
reservation for the maintenance of the State Advisory Council
on Early Childhood Education and Care.
(d) Early Childhood Education and Care Programs for Infants
and Toddlers.--
(1) Use of allotment for infants and toddlers.--An
eligible State may apply to use, and the appropriate
Secretary may grant permission for the State to use,
not more than 15 percent of the funds made available
through a grant received under this subtitle to award
subgrants to early childhood education programs to
provide, consistent with the State's early learning and
development guidelines for infants and toddlers, high-
quality early childhood education and care to infants
and toddlers who reside within the State and are from
families with incomes at or below 200 percent of the
poverty line.
(2) Application.--To be eligible to use the grant
funds as described in paragraph (1), the State shall
submit an application to the appropriate Secretary at
such time, in such manner, and containing such
information as the Secretary may require. Such
application shall, at a minimum, include a description
of how the State will--
(A) designate a lead agency which shall
administer such funds;
(B) ensure that such lead agency, in
coordination with the State's Advisory Council
on Early Childhood Education and Care, will
collaborate with other agencies in
administering programs supported under this
subsection for infants and toddlers in order to
obtain input about the appropriate use of such
funds and ensure coordination with programs for
infants and toddlers funded under the Child
Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.), the Head Start Act
(42 U.S.C. 9831 et seq.) (including any Early
Learning Quality Partnerships established in
the State under section 645B of the Head Start
Act, as added by section 202), the Race to the
Top and Early Learning Challenge program under
section 14006 of Public Law 111-5 (123 Stat.
283), the maternal, infant, and early childhood
home visiting programs funded under section 511
of the Social Security Act (42 U.S.C. 711), and
part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
(C) ensure that infants and toddlers who
benefit from amounts made available under this
subsection will transition to and have the
opportunity to participate in a high-quality
prekindergarten program supported under this
subtitle;
(D) in awarding subgrants, give preference to
early childhood education programs that have a
plan to increase services to children with
special needs, including children with
developmental delays or disabilities, children
who are dual language learners, homeless
children, children who are in foster care,
children of migrant families, children eligible
for free or reduced-price lunch under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), or children in the
child welfare system; and
(E) give priority to activities carried out
under this subsection that will increase access
to high-quality early childhood education
programs for infants and toddlers in local
areas with significant concentrations of low-
income families that do not currently benefit
from such programs.
(3) Eligible providers.--A State may use the grant
funds as described in paragraph (1) to serve infants
and toddlers only by working with early childhood
education program providers that--
(A) offer full-day, full-year care, or
otherwise meet the needs of working families;
and
(B) meet high-quality standards, such as--
(i) Early Head Start program
performance standards under the Head
Start Act (42 U.S.C. 9831 et seq.); or
(ii) high quality, demonstrated,
valid, and reliable program standards
that have been established through a
national entity that accredits early
childhood education programs.
(4) Federal administration.--
(A) In general.--The Secretary of Education
shall bear responsibility for obligating and
disbursing funds to support activities under
this subsection and ensuring compliance with
applicable laws and administrative
requirements, subject to paragraph (3).
(B) Interagency agreement.--The Secretary of
Education and the Secretary of Health and Human
Services shall jointly administer activities
supported under this subsection on such terms
as such Secretaries shall set forth in an
interagency agreement. The Secretary of Health
and Human Services shall be responsible for any
final approval of a State's application under
this subsection that addresses the use of funds
designated for services to infants and
toddlers.
(C) Appropriate secretary.--In this
subsection, the term ``appropriate Secretary''
used with respect to a function, means the
Secretary designated for that function under
the interagency agreement.
SEC. 1118. ADDITIONAL PREKINDERGARTEN SERVICES.
(a) Prekindergarten for 3-year Olds.--Each State that
certifies to the Secretary that the State provides universally
available, voluntary, high-quality prekindergarten programs for
4-year old children who reside within the State and are from
families with incomes at or below 200 percent of the poverty
line may use the State's allocation under section 1114(b) to
provide high-quality prekindergarten programs for 3-year old
children who reside within the State and are from families with
incomes at or below 200 percent of the poverty line.
(b) Subgrants.--In each State that has a city, county, or
local educational agency that provides universally available
high-quality prekindergarten programs for 4-year old children
who reside within the State and are from families with incomes
at or below 200 percent of the poverty line the State may use
amounts from the State's allocation under section 1114(b) to
award subgrants to eligible local entities to enable such
eligible local entities to provide high-quality prekindergarten
programs for 3-year old children who are from families with
incomes at or below 200 percent of the poverty line and who
reside in such city, county or local educational agency.
SEC. 1119. PERFORMANCE MEASURES AND TARGETS.
(a) In General.--A State that receives a grant under this
subtitle shall develop, implement, and make publicly available
the performance measures and targets for the activities carried
out with grant funds. Such measures shall, at a minimum, track
the State's progress in--
(1) increasing school readiness across all domains
for all categories of children, as described in section
1123(b)(7), including children with disabilities and
dual language learners;
(2) narrowing school readiness gaps between minority
and nonminority children, and low-income children and
more advantaged children, in preparation for
kindergarten entry;
(3) decreasing placement for children in elementary
school in special education programs and services as
described in part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.);
(4) increasing the number of programs meeting the
criteria for high-quality prekindergarten programs
across all types of local eligible entities, as defined
by the State and in accordance with section 1112;
(5) decreasing the need for grade-to-grade retention
in elementary school;
(6) if applicable, ensuring that high-quality
prekindergarten programs do not experience instances of
chronic absence among the children who participate in
such programs;
(7) increasing the number and percentage of low-
income children in high-quality early childhood
education programs that receive financial support
through funds provided under this subtitle; and
(8) providing high-quality nutrition services,
nutrition education, physical activity, and obesity
prevention programs.
(b) Prohibition of Misdiagnosis Practices.--A State shall
not, in order to meet the performance measures and targets
described in subsection (a), engage in practices or policies
that will lead to the misdiagnosis or under-diagnosis of
disabilities or developmental delays among children who are
served through programs supported under this subtitle.
SEC. 1120. MATCHING REQUIREMENTS.
(a) Matching Funds.--
(1) In general.--Except as provided in paragraph (2),
a State that receives a grant under this subtitle shall
provide matching funds from non-Federal sources, as
described in subsection (c), in an amount equal to--
(A) 10 percent of the Federal funds provided
under the grant in the first year of grant
administration;
(B) 10 percent of the Federal funds provided
under the grant in the second year of grant
administration;
(C) 20 percent of the Federal funds provided
under the grant in the third year of grant
administration;
(D) 30 percent of the Federal funds provided
under the grant in the fourth year of grant
administration;
(E) 40 percent of the Federal funds provided
under the grant in the fifth year of grant
administration;
(F) 50 percent of the Federal funds provided
under the grant in the sixth year of grant
administration;
(G) 75 percent of the Federal funds provided
under the grant in the seventh year of grant
administration; and
(H) 100 percent of the Federal funds provided
under the grant in the eighth and following
years of grant administration.
(2) Reduced match rate.--A State that meets the
requirements under subsection (b) may provide matching
funds from non-Federal sources at a reduced rate. The
full reduced matching funds rate shall be in an amount
equal to--
(A) 5 percent of the Federal funds provided
under the grant in the first year of grant
administration;
(B) 5 percent of the Federal funds provided
under the grant in the second year of grant
administration;
(C) 10 percent of the Federal funds provided
under the grant in the third year of grant
administration;
(D) 20 percent of the Federal funds provided
under the grant in the fourth year of grant
administration;
(E) 30 percent of the Federal funds provided
under the grant in the fifth year of grant
administration;
(F) 40 percent of the Federal funds provided
under the grant in the sixth year of grant
administration;
(G) 50 percent of the Federal funds provided
under the grant in the seventh year of grant
administration;
(H) 75 percent of the Federal funds provided
under the grant in the eighth year of grant
administration; and
(I) 100 percent of the Federal funds provided
under the grant in the ninth and following
years of the grant administration.
(b) Reduced Match Rate Eligibility.--A State that receives a
grant under this subtitle may provide matching funds from non-
Federal sources at the full reduced rate under subsection
(a)(2) if the State--
(1)(A) offers enrollment in high-quality
prekindergarten programs to not less than half of
children in the State who are--
(i) age 4 on the eligibility determination
date; and
(ii) from families with incomes at or below
200 percent of the poverty line; and
(B) has a plan for continuing to expand access to
high-quality prekindergarten programs for such children
in the State; and
(2) has a plan to expand access to high-quality
prekindergarten programs to children from moderate
income families whose income exceeds 200 percent of the
poverty line.
(c) Non-Federal Resources.--
(1) In cash.--A State shall provide the matching
funds under this section in cash with non-Federal
resources which may include State funding, local
funding, or contributions from philanthropy or other
private sources, or a combination thereof.
(2) Funds to be considered as matching funds.--A
State may include, as part of the State's matching
funds under this section, not more than 10 percent of
the amount of State funds designated for State
prekindergarten programs or to supplement Head Start
programs under the Head Start Act (42 U.S.C. 9831 et
seq.) as of the date of enactment of this Act, but may
not include any funds that are attributed as matching
funds, as part of a non-Federal share, or as a
maintenance of effort requirement, for any other
Federal program.
(d) Maintenance of Effort.--
(1) In general.--If a State reduces its combined
fiscal effort per student or the aggregate expenditures
within the State to support early childhood education
programs for any fiscal year that a State receives a
grant authorized under this subtitle relative to the
previous fiscal year, the Secretary shall reduce
support for such State under this subtitle by the same
amount as the decline in State and local effort for
such fiscal year.
(2) Waiver.--The Secretary may waive the requirements
of paragraph (1) if--
(A) the Secretary determines that a waiver
would be appropriate due to a precipitous
decline in the financial resources of a State
as a result of unforeseen economic hardship or
a natural disaster that has necessitated
across-the-board reductions in State services,
including early childhood education programs;
or
(B) due to the circumstances of a State
requiring reductions in specific programs,
including early childhood education, if the
State presents to the Secretary a justification
and demonstration why other programs could not
be reduced and how early childhood programs in
the State will not be disproportionately harmed
by such State action.
(e) Supplement Not Supplant.--Grant funds received under this
title shall be used to supplement and not supplant other
Federal, State, and local public funds expended on public
prekindergarten programs in the State.
SEC. 1121. ELIGIBLE LOCAL ENTITY APPLICATIONS.
(a) In General.--An eligible local entity desiring to receive
a subgrant under section 1117(b) shall submit an application to
the State, at such time, in such manner, and containing such
information as the State may reasonably require.
(b) Contents.--Each application submitted under subsection
(a) shall include the following:
(1) Parent and family engagement.--A description of
how the eligible local entity plans to engage the
parents and families of the children such entity serves
and ensure that parents and families of eligible
children, as described in clauses (i) and (ii) of
section 1116(a)(2)(A), are aware of the services
provided by the eligible local entity, which shall
include a plan to--
(A) carry out meaningful parent and family
engagement, through the implementation and
replication of evidence-based or promising
practices and strategies, which shall be
coordinated with parent and family engagement
strategies supported under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) and part A of title I and title V of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq. and 7201 et seq.), if
applicable, to--
(i) provide parents and family
members with the skills and
opportunities necessary to become
engaged and effective partners in their
children's education, particularly the
families of dual language learners and
children with disabilities, which may
include access to literacy services;
(ii) improve child development; and
(iii) strengthen relationships among
prekindergarten staff and parents and
family members; and
(B) participate in community outreach to
encourage families with eligible children to
participate in the eligible local entity's
high-quality prekindergarten program,
including--
(i) homeless children;
(ii) dual language learners;
(iii) children in foster care;
(iv) children with disabilities; and
(v) migrant children.
(2) Coordination & alignment.--A description of how
the eligible local entity will--
(A) coordinate, if applicable, the eligible
local entity's activities with--
(i) Head Start agencies (consistent
with section 642(e)(5) of the Head
Start Act (42 U.S.C. 9837(e)(5)), if
the local entity is not a Head Start
agency;
(ii) local educational agencies, if
the eligible local entity is not a
local educational agency;
(iii) providers of services under
part C of the Individuals with
Disabilities Education Act (20 U.S.C.
1431 et seq.);
(iv) programs carried out under
section 619 of the Individuals with
Disabilities Education Act (20 U.S.C.
1419); and
(v) if feasible, other entities
carrying out early childhood education
programs and services within the area
served by the local educational agency.
(B) develop a process to promote continuity
of developmentally appropriate instructional
programs and shared expectations with local
elementary schools for children's learning and
development as children transition to
kindergarten;
(C) organize, if feasible, and participate in
joint training, when available, including
transition-related training for school staff
and early childhood education program staff;
(D) establish comprehensive transition
policies and procedures, with applicable
elementary schools and principals, for the
children served by the eligible local entity
that support the school readiness of children
transitioning to kindergarten, including the
transfer of early childhood education program
records, with parental consent;
(E) conduct outreach to parents, families,
and elementary school teachers and principals
to discuss the educational, developmental, and
other needs of children entering kindergarten;
(F) help parents, including parents of
children who are dual language learners,
understand and engage with the instructional
and other services provided by the kindergarten
in which such child will enroll after
participation in a high-quality prekindergarten
program; and
(G) develop and implement a system to
increase program participation of underserved
populations of eligible children, especially
homeless children, 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 dual
language learners, and parents of children with
disabilities.
(3) Protections for special populations.--A
description of how the eligible local entity will meet
the diverse needs of children in the community to be
served, including children with disabilities, children
whose native language is not English, children with
other special needs, children in the State foster care
system, and homeless children. Such description shall
demonstrate, at a minimum, how the entity plans to--
(A) ensure the eligible local entity's high-
quality prekindergarten program is accessible
and appropriate for children with disabilities
and dual language learners;
(B) establish effective procedures for
providing necessary early screening for
learning issues and delays in early literacy
and math skill development and intervening
services based on these screenings to children
with disabilities prior to an eligibility
determination by the State or local agency
responsible for providing services under
section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419 and
1431 et seq.);
(C) establish effective procedures for timely
referral of children with disabilities to the
State or local agency described in subparagraph
(B);
(D) ensure that the eligible local entity's
high-quality prekindergarten program works with
appropriate entities to address the elimination
of barriers to immediate and continuous
enrollment for homeless children; and
(E) ensure access to and continuity of
enrollment in high-quality prekindergarten
programs for migratory children, if applicable,
and homeless children, including through
policies and procedures that require--
(i) outreach to identify migratory
children and homeless children;
(ii) immediate enrollment, including
enrollment during the period of time
when documents typically required for
enrollment, including health and
immunization records, proof of
eligibility, and other documents, are
obtained;
(iii) continuous enrollment and
participation in the same high-quality
prekindergarten program for a child,
even if the child moves out of the
program's service area, if that
enrollment and participation are in the
child's best interest, including by
providing transportation when
necessary;
(iv) professional development for
high-quality prekindergarten program
staff regarding migratory children and
homelessness among families with young
children; and
(v) in serving homeless children,
collaboration with local educational
agency liaisons designated under
section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(1)(J)(ii)), and
local homeless service providers.
(4) Accessible comprehensive services.--A description
of how the eligible local entity plans to provide
accessible comprehensive services, described in section
1112(9)(I), to the children the eligible local entity
serves. Such description shall provide information on
how the entity will--
(A) conduct a data-driven community
assessment in coordination with members of the
community, including parents and community
organizations, or use a recently conducted
data-driven assessment, which--
(i) may involve an external partner
with expertise in conducting such needs
analysis, to determine the most
appropriate social or other support
services to offer through the eligible
local entity's on-site comprehensive
services to children who participate in
high-quality prekindergarten programs;
and
(ii) shall consider the resources
available at the school, local
educational agency, and community
levels to address the needs of the
community and improve child outcomes;
and
(B) have a coordinated system to facilitate
the screening, referral, and provision of
services related to health, nutrition, mental
health, disability, and family support for
children served by the eligible local entity.
(5) Workforce.--A description of how the eligible
local entity plans to support the instructional staff
of such entity's high-quality prekindergarten program,
which shall, at a minimum, include a plan to provide
high-quality professional development, or facilitate
the provision of high-quality professional development
through an external partner with expertise and a
demonstrated track record of success, based on
scientifically valid research, that will improve the
knowledge and skills of high-quality prekindergarten
teachers and staff through activities, which may
include--
(A) acquiring content knowledge and learning
teaching strategies needed to provide effective
instruction that addresses the State's early
learning and development standards described
under section 1115(1), including professional
training to support the social and emotional
development of children;
(B) enabling high-quality prekindergarten
teachers and staff to pursue specialized
training in early childhood development;
(C) enabling high-quality prekindergarten
teachers and staff to acquire the knowledge and
skills to provide instruction and appropriate
language and support services to increase the
English language skills of dual language
learners;
(D) enabling high-quality prekindergarten
teachers and staff to acquire the knowledge and
skills to provide developmentally appropriate
instruction for children with disabilities;
(E) promoting classroom management;
(F) providing high-quality induction and
support for incoming high-quality
prekindergarten teachers and staff in high-
quality prekindergarten programs, including
through the use of mentoring programs and
coaching that have a demonstrated track record
of success;
(G) promoting the acquisition of relevant
credentials, including in ways that support
career advancement through career ladders; and
(H) enabling high-quality prekindergarten
teachers and staff to acquire the knowledge and
skills to provide culturally competent
instruction for children from diverse
backgrounds.
SEC. 1122. REQUIRED SUBGRANT ACTIVITIES.
(a) In General.--An eligible local entity that receives a
subgrant under section 1117(b) shall use subgrant funds to
implement the elements of a high-quality prekindergarten
program for the children described in section 1117(b).
(b) Coordination.--
(1) Local educational agency partnerships with local
early childhood education programs.--A local
educational agency that receives a subgrant under this
subtitle shall provide an assurance that the local
educational agency will enter into strong partnerships
with local early childhood education programs,
including programs supported through the Head Start Act
(42 U.S.C. 9831 et seq.).
(2) Eligible local entities that are not local
educational agencies.--An eligible local entity that is
not a local educational agency that receives a subgrant
under this subtitle shall provide an assurance that
such entity will enter into strong partnerships with
local educational agencies.
SEC. 1123. REPORT AND EVALUATION.
(a) In General.--Each State that receives a grant under this
subtitle shall prepare an annual report, in such manner and
containing such information as the Secretary may reasonably
require.
(b) Contents.--A report prepared under subsection (a) shall
contain, at a minimum--
(1) a description of the manner in which the State
has used the funds made available through the grant and
a report of the expenditures made with the funds;
(2) a summary of the State's progress toward
providing access to high-quality prekindergarten
programs for children eligible for such services, as
determined by the State, from families with incomes at
or below 200 percent of the poverty line, including the
percentage of funds spent on children from families
with incomes--
(A) at or below 100 percent of the poverty
line;
(B) at or below between 101 and 150 percent
of the poverty line; and
(C) at or below between 151 and 200 percent
of the poverty line;
(3) an evaluation of the State's progress toward
achieving the State's performance targets, described in
section 1119;
(4) data on the number of high-quality
prekindergarten program teachers and staff in the State
(including teacher turnover rates and teacher
compensation levels compared to teachers in elementary
schools and secondary schools), according to the
setting in which such teachers and staff work (which
settings shall include, at a minimum, Head Start
programs, public prekindergarten, and child care
programs) who received training or education during the
period of the grant and remained in the early childhood
education program field;
(5) data on the kindergarten readiness of children in
the State;
(6) a description of the State's progress in
effectively using Federal, State, and local public
funds and private funds, for early childhood education;
(7) the number and percentage of children in the
State participating in high-quality prekindergarten
programs, disaggregated by race, ethnicity, family
income, child age, disability, whether the children are
homeless children, and whether the children are dual
language learners;
(8) data on the availability, affordability, and
quality of infant and toddler care in the State;
(9) the number of operational minutes per week and
per year for each eligible local entity that receives a
subgrant;
(10) the local educational agency and zip code in
which each eligible local entity that receives a
subgrant operates;
(11) information, for each of the local educational
agencies described in paragraph (10), on the percentage
of the costs of the public early childhood education
programs that is funded from Federal, from State, and
from local sources, including the percentages from
specific funding programs;
(12) data on the number and percentage of children in
the State participating in public kindergarten
programs, disaggregated by race, family income, child
age, disability, whether the children are homeless
children, and whether the children are dual language
learners, with information on whether such programs are
offered--
(A) for a full-day; and
(B) at no cost to families;
(13) data on the number of individuals in the State
who are supported with scholarships, if applicable, to
meet the baccalaureate degree requirement for high-
quality prekindergarten programs, as defined in section
1112; and
(14) information on--
(A) the numbers and rates of expulsion,
suspension, and similar disciplinary action, of
children in the State participating in high-
quality prekindergarten programs, provided by
any eligible local entity, as defined in
section 1112(7) of this title;
(B) the State's progress in establishing
policies on effective behavior management
strategies and training that promote positive
social and emotional development to eliminate
expulsions and extended suspensions of children
participating in high-quality prekindergarten
programs; and
(C) the State's policies on providing early
learning services to children in the State
participating in high-quality prekindergarten
programs who have been suspended.
(c) Submission.--A State shall submit the annual report
prepared under subsection (a), at the end of each fiscal year,
to the Secretary, the Secretary of Health and Human Services,
and the State Advisory Council on Early Childhood Education and
Care.
(d) Cooperation.--An eligible local entity that receives a
subgrant under this subtitle shall cooperate with all Federal
and State efforts to evaluate the effectiveness of the program
the entity implements with subgrant funds.
(e) National Report.--The Secretary shall compile and
summarize the annual State reports described under subsection
(c) and shall prepare and submit an annual report to Congress
that includes a summary of such State reports.
SEC. 1124. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF FUNDS FOR
ASSESSMENTS.
(a) Prohibition on Required Participation.--A State receiving
a grant under this subtitle shall not require any child to
participate in any Federal, State, local, or private early
childhood education program, including a high-quality
prekindergarten program.
(b) Prohibition on Use of Funds for Assessment.--A State
receiving a grant under this subtitle and an eligible local
entity receiving a subgrant under this subtitle shall not use
any grant or subgrant funds to carry out any of the following
activities:
(1) An assessment that provides rewards or sanctions
for individual children, teachers, or principals.
(2) An assessment that is used as the primary or sole
method for assessing program effectiveness.
(3) Evaluating children, other than for the purposes
of--
(A) improving instruction or the classroom
environment;
(B) targeting professional development;
(C) determining the need for health, mental
health, disability, or family support services;
(D) program evaluation for the purposes of
program improvement and parent information; and
(E) improving parent and family engagement.
SEC. 1125. COORDINATION WITH HEAD START PROGRAMS.
(a) Increased Access for Younger Children.--Not later than 1
year after the date of enactment of this Act, the Secretary and
the Secretary of Health and Human Services shall develop a
process--
(1) for use in the event that Head Start programs
funded under the Head Start Act (42 U.S.C. 9831 et
seq.) operate in States or regions that have achieved
sustained universal, voluntary access to 4-year old
children who reside within the State and who are from
families with incomes at or below 200 percent of the
poverty line to high-quality prekindergarten programs;
and
(2) for how such Head Start programs will begin
converting slots for children who are age 4 on the
eligibility determination date to children who are age
3 on the eligibility determination date, or, when
appropriate, converting Head Start Programs into Early
Head Start programs to serve infants and toddlers.
(b) Community Need and Resources.--The process described in
subsection (a) shall--
(1) be carried out on a case-by-case basis and shall
ensure that sufficient resources and time are allocated
for the development of such a process so that no child
or cohort is excluded from currently available
services; and
(2) ensure that any conversion shall be based on
community need and not on the aggregate number of
children served in a State or region that has achieved
sustained, universal, voluntary access to high-quality
prekindergarten programs.
(c) Public Comment and Notice.--Not fewer than 90 days after
the development of the proposed process described in subsection
(a), the Secretary and the Secretary of Health and Human
Services shall publish a notice describing such proposed
process for conversion in the Federal Register providing at
least 90 days for public comment. The Secretaries shall review
and consider public comments prior to finalizing the process
for conversion of Head Start slots and programs.
(d) Reports to Congress.--Concurrently with publishing a
notice in the Federal Register as described in subsection (c),
the Secretaries shall provide a 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 that provides a detailed description of the proposed
process described in subsection (a), including a description of
the degree to which Head Start programs are providing State-
funded high-quality prekindergarten programs as a result of the
grant opportunity provided under this subtitle in States where
Head Start programs are eligible for conversion described in
subsection (a).
SEC. 1126. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION.
In providing technical assistance to carry out activities
under this title, the Secretary shall coordinate that technical
assistance, in appropriate cases, with technical assistance
provided by the Secretary of Health and Human Services to carry
out the programs authorized under 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 maternal, infant and
early childhood home visiting programs assisted under section
511 of the Social Security Act (42 U.S.C. 711).
SEC. 1127. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,300,000,000 for fiscal year 2016;
(2) 3,250,000,000 for fiscal year 2017;
(3) $5,780,000,000 for fiscal year 2018;
(4) $7,580,000,000 for fiscal year 2019;
(5) $8,960,000,000 for fiscal year 2020; and
(6) such sums as may be necessary for each of fiscal
years 2021 through 2025.
Subtitle B--Prekindergarten Development Grants
SEC. 1151. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--From the amounts appropriated under
subsection (f), the Secretary of Education, in consultation
with the Secretary of Health and Human Services, shall award
competitive grants to States that wish to increase the capacity
and build the infrastructure within the State to offer high-
quality prekindergarten programs.
(b) Eligibility.--A State that is not receiving funds under
section 1115 may compete for grant funds under this subtitle if
the State provides an assurance that the State will, through
the support of grant funds awarded under this subtitle, meet
the eligibility requirements of section 1115 not later than 3
years after the date the State first receives grant funds under
this subtitle.
(c) Grants.--
(1) Duration.--The Secretary shall award grants to
States under this subtitle for a period of not more
than 3 years and such grants shall not be renewed.
(2) Authority to subgrant.--
(A) In general.--A State receiving a grant
under this subtitle may use the grant funds to
make subgrants to eligible local entities
(defined in section 1112(7)) to carry out
activities under the grant.
(B) Eligible local entities.--An eligible
local entity receiving a subgrant under
subparagraph (A) shall comply with the
requirements for States receiving a grant under
this subtitle, as appropriate.
(d) Application.--
(1) In general.--A Governor of a State that desires
to receive a grant under this subtitle shall submit an
application to the Secretary of Education at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably require, including a
description of how the State plans to become eligible
for grants under section 1115 by not later than 3 years
after the date the State first receives grant funds
under this subtitle.
(2) Development of application.--In developing an
application for a grant under this subtitle, a Governor
of a State shall consult with the State Advisory
Council on Early Childhood Education and Care, and
incorporate their recommendations, where applicable.
(e) Matching Requirement.--
(1) In general.--To be eligible to receive a grant
under this subtitle, a State shall contribute for the
activities for which the grant was awarded non-Federal
matching funds in an amount equal to not less than 20
percent of the amount of the grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State may use--
(A) cash; or
(B) an in-kind contribution.
(3) Financial hardship waiver.--The Secretary may
waive paragraph (1) or reduce the amount of matching
funds required under that paragraph for a State that
has submitted an application for a grant under this
subtitle if the State demonstrates, in the application,
a need for such a waiver or reduction due to extreme
financial hardship, as determined by the Secretary of
Education.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this subtitle--
(1) $750,000,000 for fiscal year 2016; and
(2) such sums as may be necessary for each of fiscal
years 2017 through 2025.