[Senate Report 114-231]
[From the U.S. Government Publishing Office]
114th Congress } { Report
SENATE
2d Session } { 114-231
______________________________________________________________________
EVERY CHILD ACHIEVES ACT OF 2015
----------
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
together with
ADDITIONAL VIEWS
to accompany
S. 1177
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 17, 2016.--Ordered to be printed
114th Congress } { Report
SENATE
2d Session } { 114-231
______________________________________________________________________
EVERY CHILD ACHIEVES ACT OF 2015
----------
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
together with
ADDITIONAL VIEWS
to accompany
S. 1177
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 17, 2016.--Ordered to be printed
________
U.S. GOVERNMENT PUBLISHING OFFICE
99-480 WASHINGTON : 2016
114th Congress } { Report
SENATE
2d Session } { 114-231
======================================================================
EVERY CHILD ACHIEVES ACT OF 2015
_______
March 17, 2016.--Ordered to be printed
_______
Mr. Alexander, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany S. 1177]
The Committee on Health, Education, Labor, and Pensions,
reported an original bill (S. 1177) to reauthorize the
Elementary and Secondary Education Act of 1965 to ensure that
every child achieves, having considered the same, reports
favorably thereon and recommends that the bill do pass.
CONTENTS
Page
I. Purpose, need for legislation, and goals of reauthorization......1
II. Legislative history and committee action.........................6
III. Explanation of bill and committee views.........................14
IV. Regulatory impact statement.....................................55
V. Application of law to the legislative branch....................55
VI. Cost estimate...................................................56
VII. Section-by-section analysis.....................................63
VIII.Additional views................................................93
IX. Changes in existing law.........................................97
I. Purpose, Need for Legislation, and Goals of Reauthorization
The Every Child Achieves Act of 2015 (ECAA) is a
comprehensive reauthorization of the Elementary and Secondary
Education Act of 1965 (ESEA) that reflects bipartisan consensus
among members of the committee on necessary improvements to the
law, as most recently reauthorized by the No Child Left Behind
Act of 2001 (NCLB). Its purpose is to enable States and local
communities to improve and support our Nation's public schools
and to ensure that every child has an opportunity to achieve,
including categories of historically disadvantaged students,
such as low-income students, students of color, students with
disabilities, and English learners. It continues the law's
important measurements of academic progress of all students and
disaggregation of data by these categories of students, but
restores to States, school districts, classroom teachers, and
parents the responsibility for making important decisions about
how to raise academic standards, improve the quality of
assessments, evaluate and reward educators, identify and
improve low-performing schools, and ultimately improve student
achievement.
ECAA builds on the more than 30 years of work by States and
local school districts to reform our Nation's public schools,
while also fixing a law that is more than 7 years overdue for
reauthorization. In 2001, Republicans and Democrats in Congress
and President George W. Bush worked together to reauthorize
ESEA by passing NCLB. This was a major expansion of Federal
involvement in State and local accountability for public school
systems and individual public schools. The purpose of NCLB was
``to ensure that all children have a fair, equal, and
significant opportunity to obtain a high-quality education and
reach, at a minimum, proficiency on challenging State academic
achievement standards and State academic assessments.'' The law
responded to concerns that our schools were not adequately
preparing our young people for the future, that many poor and
minority students were being ignored, and that billions of
American taxpayer dollars were not producing significant
results. The law focused on narrowing the persistent
achievement gaps in schools. While well-intentioned, the rigid
structure of NCLB's provisions, in particular its one-size-
fits-all federally mandated system of accountability and
requirements for school improvement, have become unworkable in
the Nation's schools.
NCLB produced some positive results. The law helped create
an environment in which many States have put in place
challenging standards in reading and math and are conducting
annual tests aligned with those standards. All States are
participating in the National Assessment of Educational
Progress--``the Nation's report card''--providing a reliable
audit of the rigor of States' standards and tests. States,
local districts, and schools are now reporting annually on
student achievement overall and for each subgroup of students
based on race, ethnicity, family income, English proficiency,
and disability status. This data has enabled parents, State
legislators, and Governors to better identify struggling
schools and populations and hold their districts, schools,
principals, and teachers accountable. It also provided parents
with meaningful information about school performance and
empowered them to choose a new school option for their child,
which spurred the growth of a diversity of school options,
including charter schools.
There is evidence of increases in student academic
achievement and the narrowing of achievement gaps since NCLB,
continuing a trend that started in the mid-1990s. Furthermore,
thanks in part to a uniform definition of high school
graduation, successful interventions like credit recovery, and
an increased focus on college attendance, there have been
increases in high school graduation rates.
Unfortunately, NCLB contained too many inflexible
requirements for States and school districts, including the
arbitrary deadline that 100 percent of students would be
proficient by the year 2014. The law also created a complicated
system for deciding whether schools were succeeding or failing
based primarily on the results of annual assessments, which did
not provide a full or accurate picture of school quality and
success. NCLB also prescribed a series of sanctions for schools
missing annual performance targets, and a requirement that each
of our Nation's 3.2 million teachers in core academic subjects
meet a Federal definition of ``highly qualified'' by 2007-8.
While accountability systems and effective interventions in
struggling schools, can be a successful method of improving
student achievement, the one-size-fits-all nature of these
mandates did not provide States with the flexibility necessary
to innovate and create sustainable improvements in their
education systems.
The goal of NCLB was laudable: All 50 million students in
nearly 100,000 public schools were to be proficient or higher
in reading and math, as measured by annual State assessments,
by the end of the 2013-14 school-year. While NCLB armed parents
and policymakers with better data on which to base their
decisions, its inflexible mandates and unrealistic goals too
often hamstrung the ability of State and local policymakers to
make the right decisions for their schools and communities. In
March 2011, U.S. Secretary of Education Arne Duncan testified
to the House Committee on Education and the Workforce that:
``By mandating and prescribing one-size-fits-all
solutions, NCLB took away the ability of local and
State educators to tailor solutions to the unique needs
of their students--and that is fundamentally flawed.''
Despite bipartisan agreement on the problems and need to
fix NCLB, Congress has not yet produced bipartisan solutions to
overhaul the law.
The failure of Congress to fix NCLB since it expired
resulted in the Secretary of Education granting waivers to 43
States, the District of Columbia, and Puerto Rico from many of
the unworkable requirements since 2011. In exchange for the
waivers, the Secretary has placed conditions on States related
to standards, assessments, accountability and teacher
evaluation not otherwise required in the law that Congress
wrote. The combination of Congress' failure to reauthorize ESEA
and fix NCLB and the Secretary's use of Federal competitive
grants and waiver authority has produced a concerning backlash
against reforms that were intended and often developed by
States and local school districts themselves to improve
academic achievement for our Nation's most at-risk children.
The committee intends the ECAA to update and improve upon
major provisions of ESEA and eliminate the need for waivers
from the unworkable provisions of NCLB by returning more
authority to States and local communities over how to evaluate,
improve, and support our more than 100,000 public schools and
3.4 million teachers. The bill builds on the strengths and
weaknesses of previous and unsuccessful legislative proposals
considered by this committee over the past 6 years. In
particular, it includes bipartisan consensus to provide more
flexibility and certainty to policymakers and educators around
the country that are closest to our children, while maintaining
the important focus on serving disadvantaged children and
closing persistent achievement gaps.
The ECAA ends the rigid one-size-fits-all approach to
designing State accountability systems primarily focused on
standardized tests. Instead, ECAA recognizes that States,
working with school districts, teachers, and others, have the
responsibility for creating accountability systems to ensure
all students are learning and prepared for success. These
accountability systems will be State-
designed, but must meet minimum Federal parameters, including
establishing rigorous academic achievement goals for all
students, ensuring all students and each individual subgroup of
students are included in the accountability system,
disaggregating student achievement data, establishing
challenging academic achievement standards for all students,
focusing on academic results in accountability systems and
identifying and intervening in low-performing schools.
The ECAA continues to require that States annually test all
students in reading and math in grades 3 through 8 and once in
high school, as well as test all students in science once in
grades 3-5, 6-9, and 10-12. These important measures of student
achievement ensure that parents know how their children are
performing and help teachers support students who are
struggling to meet State standards. The bill further maintains
the requirement on annual reporting of academic achievement for
disaggregated data of groups of children, which provides
valuable information about whether all students are achieving,
including low-income students, students of color, students with
disabilities, and English learners.
The ECAA requires States to include these tests in their
State-designed accountability systems, but leaves it to States
to determine the appropriate weight of those tests within their
systems. States will also be required to include high school
graduation rates, a statewide academic indicator for elementary
and middles schools, another statewide indicator of school
quality or student supports, and English proficiency for
English learners. States will also be provided flexibility to
include other measures of school performance and quality in
their accountability systems in order to provide teachers,
parents, and other stakeholders with a more accurate
determination of school performance. ECAA does require that
tests, high school graduation rates, and the statewide academic
indicator at the elementary and middle school level are
substantial factors in State-designed accountability systems
and requires States to publicly report on the weights assigned
to those indicators. States are also given additional
flexibility to pilot innovative assessment systems in school
districts across the State.
The ECAA maintains Federal grants to States and school
districts to help implement State and locally designed school
intervention and support strategies. School districts will be
responsible for designing evidence-based interventions and
supports for low performing schools, with technical assistance
from the States, and the Federal Government is prohibited from
mandating, prescribing, or defining the specific strategies
used for school intervention and support. The bill requires
that States monitor interventions and supports that are
implemented by school districts and take steps to further
assist school districts if their interventions are not
effective.
The ECAA reaffirms the role of States in determining
academic achievement and content standards by affirming that
States decide what academic standards they will adopt in
reading, math and science, as well as any other subjects,
without interference from the Federal Government. The Federal
Government may not mandate or incentivize States to adopt or
maintain any particular set of standards, including the Common
Core State Standards. States will be free to decide what
academic standards they will maintain in their States. The bill
further prohibits the Federal Government from requiring States
to submit their standards for review or approval.
Recognizing that funding and programmatic priorities have
changed since the last reauthorization, the ECAA consolidates
49 programs authorized by NCLB or funded by subsequent
appropriations bills. However, it reauthorizes dedicated
funding streams for many important programs that have broad
bipartisan support, including to support teachers and school
leaders, English learners, Science, Technology, Engineering,
and Mathematics (STEM), and 21st Century Community Learning
Centers, and authorizes programs to support innovation, early
childhood education, and safe and healthy students. The bill
also maintains important fiscal protections of Federal dollars,
including maintenance of effort requirements, which help ensure
that Federal dollars supplement State and local education
dollars, while providing additional flexibility for school
districts when extenuating circumstances prevent them from
meeting those requirements.
The committee recognizes the need for better and more
complete information about school quality and performance so
that parents, teachers, school leaders, and others interested
in supporting improvements in our public schools can make more
informed and complete decisions about schools their students
attend. ECAA contains provisions designed to ensure the public
is equipped with the tools they need in order to monitor
performance of their local schools and take necessary steps to
help those schools improve. In particular, ECAA requires States
to report on factors related to the distribution of funding and
resources within the State and local school districts, school
discipline, per-pupil expenditures, and teacher quality. ECAA
also requires that State report cards contain important
information about State accountability systems, including the
percentage of students not meeting annual State goals. The
additional transparency will spur needed action to remedy
persistent inequities in resources and academic outcomes.
The ECAA recognizes the role of Federal assistance for
States and school districts to support teachers, principals,
and other school leaders, while also ending Federal mandates
around teacher qualifications and evaluation systems.
Therefore, the bill provides targeted funding to States and
school districts to implement activities to support teachers,
principals, and other educators, and includes allowable uses of
funds for high quality induction programs for new teachers,
ongoing rigorous professional development opportunities for
teachers, and programs to recruit new educators to the
profession. The bill allows, but does not require, States to
develop and implement teacher and principal evaluation systems.
It also eliminates the definition of a highly qualified
teacher--which has proven onerous to States and school
districts--and provides States with the opportunity to define
this term.
The bill affirms State responsibility for supporting the
coordination and implementation of high-quality programs and
initiatives, including to identify and eliminate barriers to
the coordination and integration of programs, initiatives, and
funding streams, and provide technical assistance and training
in order to disseminate best practices, so that school
districts can better meet the needs of their students and
foster a positive school climate.
The ECAA preserves the original congressional intent of the
waiver authority granted to the Secretary under Title IX of the
Elementary and Secondary Education Act. The Secretary is
authorized to waive portions of the law that stifle State and
local innovation, but that authority is limited. The bill
specifies that States and local districts may submit waiver
applications that will enable them to improve student academic
achievement. The Secretary may not use the waiver authority to
dictate or condition approval on State or local adoption of any
other conditions not already specified in the law. Furthermore,
while local school districts may individually or collectively
apply for waivers with the support of their State, the
Secretary is prohibited from circumventing the legal authority
of States and their Governors when granting waiver requests.
The bill contains several specific provisions that are
designed to protect State and local control of education, while
ensuring that the U.S. Department of Education maintains the
ability to enforce compliance with the law and monitor
implementation by States and local school districts in order to
protect the substantial investment of taxpayers' funds under
the Act.
The ECAA reflects a bipartisan consensus centered on
maintaining the important measurements and reporting on the
academic progress of students and subgroups of students from
NCLB, while restoring to States, school districts, educators,
and parents the responsibility for deciding how to raise
student achievement, better support teachers and principals,
and improve our Nation's schools.
II. Legislative History and Committee Action
PREVIOUS REAUTHORIZATION EFFORTS AND HEARINGS
During the 110th Congress, the Health, Education, Labor,
and Pensions Committee, led by Chairman Edward Kennedy and
Ranking Member Mike Enzi, held five hearings examining ESEA
reauthorization issues.
During the 112th Congress, the committee, under the
leadership of Chairman Tom Harkin and Ranking Member Mike Enzi,
considered the Elementary and Secondary Education
Reauthorization Act (S.3578). In preparation for consideration
of S.3578, the committee held 11 hearings addressing ESEA
issues in the 111th Congress. On October 20, 2011, after a 2-
day executive session to markup the bill, S.3578 was adopted by
a roll call vote of 15 ayes and 7 nays. The bill was reported
out of committee on September 20, 2012. The bill was not
brought to the Senate floor and died with the conclusion of the
112th Congress.
After S.3578 was adopted by the committee, six additional
hearings were held during the 112th Congress, which addressed
broad bipartisan views on S.3578, as well as specific issues
such as education technology, accelerated learning, and
bullying in schools.
During the 113th Congress, the committee held two hearings
that focused on the early lessons from NCLB waivers and the
role of education technology.
On June 4, 2013, the Strengthening America's Schools Act
was noticed for markup and a draft was circulated to the
committee. This bill was sponsored by Chairman Harkin and
cosponsored by the 11 Democratic members of the committee, but
was not the product of bipartisan negotiations. On June 11 and
12, 2013, the committee met in executive session to consider
the bill. Forty amendments were filed with the committee. The
committee took action on 23 amendments, adopting 10 of them and
rejecting the remaining 13. One amendment was withdrawn. The
bill, as amended, was adopted by a roll call vote of 12 ayes to
10 nays on June 12, 2013. The bill was reported out of
committee on October 11, 2013. The bill was not brought to the
Senate floor and died with the conclusion of the 113th
Congress.
HEARINGS IN THE 114TH CONGRESS
During the 114th Congress, under the leadership of Chairman
Alexander and Ranking Member Murray, the committee renewed
negotiations toward reaching a bipartisan consensus agreement
on ESEA reauthorization. In preparation for and as part of
bipartisan discussions with committee members, the committee
held three hearings addressing specific ESEA issues related to
testing and accountability, teachers and school leaders, and
State and local innovation. A brief description of each
hearing, including witnesses, follows.
Fixing No Child Left Behind: Testing and Accountability (January 21,
2015)
This hearing examined the issue of student assessments in
elementary and secondary schools and the impacts, benefits, and
the appropriate use of those assessments for holding schools
and teachers accountable for student achievement. Title I-A of
NCLB required all States, as a condition of receiving title I-A
funds, to test all public school students annually in reading/
language arts and math in each of grades 3 through 8 and once
in grades 10-12. Beginning with the 2007-8 school year, States
were also required to administer science assessments at least
once in each of three grade level ranges (3-5, 6-9, and 10-12).
The hearing examined the impact of these requirements. The
hearing panel was composed of six witnesses, including:
Dr. Martin West, an Associate Professor of
Education at the Harvard Graduate School of Education and
Deputy Director of the Program on Education Policy and
Governance at the Harvard Kennedy School. Dr. West testified
about the importance of the mandated assessments under NCLB in
providing detailed information about student and student
subgroup performance and recommended that any reauthorization
of ESEA maintain current annual testing requirements while
restoring the design of accountability systems to States.
Mr. Paul Leather, the New Hampshire Deputy
Commissioner discussed his State's work around a ``next
generation'' of assessments, beyond the usual end-of-year
testing, while recommending that the law should be flexible to
enable local leaders to build buy-in for a new system of
assessments from the ground up, explaining to communities that
local creativity and collaboration will yield stronger and more
effective assessments and accountability systems.
Mr. Tom Boasberg, the Superintendent of Denver
Public Schools (Denver, CO) testified that annual measures of
student progress in literacy and math are important, but that
all tests, including additional tests required by States and
local educational agencies, needs to be fewer in number and
shorter in time, while continuing to allow students' growth to
be measured to see what's working best in schools.
Mr. Wade Henderson, the chief executive officer of
Leadership Conference on Civil and Human Rights and The
Leadership Conference Education Fund testified on behalf of the
Civil Rights community and spoke in favor of maintaining the
current Federal testing requirements on States.
Ms. Jia Lee, a 4th and 5th grade special education
teacher at The Earth School (New York, NY) discussed how high
stakes testing in public schools are driving teachers to leave
the profession, had disastrous effects on collaboration,
problem solving, and innovation, has been unreliable in
determining student learning and teacher performance, and has
narrowed curriculum and drained valuable resources.
Mr. Stephen Lazar, a social studies and English
teacher at the Harvest Collegiate High School (New York, NY)
discussed how too many schools are designed to get students to
perform well on a one-time test and recommended that the law
move away from the ``test becoming the curriculum'' model and
allow for more education decisions to be made by those who are
closest to the students.
Fixing No Child Left Behind: Supporting Teachers and School Leaders
(January 27, 2015)
This hearing focused on State and local efforts to support
teachers, principals, and other school leaders, including the
Federal Government's role in this important work under ESEA. In
particular, this hearing explored the benefits and limitations
of teacher, principal, and school leader evaluation systems,
efforts to improve professional development, and other
innovative ideas to reform the educator profession. One of the
major objectives of the NCLB was to ensure all students have
access to high-quality teachers. NCLB required States, as a
condition of accepting Federal education funds, to ensure all
public school teachers teaching core academic subjects in
schools receiving title I assistance were ``highly qualified.''
In addition, through part A of title II, also known as the
Teacher and Principal Training and Recruitment Fund, the law
provides formula grants to States and school districts to
support a broad array of activities designed to improve the
quality of elementary and secondary school teachers and
principals, as well as increase the number of ``highly
qualified teachers'' in the classroom. The hearing panel was
composed of five witnesses, including:
Dr. Dan Goldhaber, from the American Institutes
for Research and the University of Washington, discussed the
research behind professional development and teacher
evaluations, while highlighting how the Federal Government can
incentivize, not mandate, States and localities to innovate
through competitive grant programs, such as the Teacher
Incentive Fund, that can improve the teacher pipeline.
Dr. Terry Holliday, the Commissioner of Education
for the Commonwealth of Kentucky discussed how State education
leaders do not need approval or mandates from the U.S.
Department of Education in order to improve education in their
State, while describing how State-led efforts can best ensure
all students are being taught by effective educators, including
through the development of educator evaluation systems that
must be implemented on a timeline that meets the needs of local
communities.
Mr. Saul Hinojosa, the Superintendent of the
Somerset Independent School District (Somerset, TX) described
how his district used competitive grant funds from the Teacher
Incentive Fund to implement performance-based teacher and
principal compensation systems based on a robust evaluation
system that produced substantial improvements in teaching and
learning. He highlighted how his locally designed evaluation
system allowed for the creation of new teacher leadership
roles, a school-based professional development system, an
accurate evaluation of teacher effectiveness, and additional
compensation for high performing teachers.
Ms. Rachelle Moore, a first grade teacher at
Madrona K-8 school (Seattle, WA), described her experiences as
a mentor teacher in the Seattle Teacher Residency Program,
including retention issues in high-need schools and the need to
support and mentor new teachers in high-need areas, and
recommended increased Federal investments in teacher induction,
professional growth, and teacher leadership programs and
activities.
Dr. Christine Handy-Collins, the principal of
Gaithersburg High School (Gaithersburg, MD) discussed her
observations from more than 16 years of experience related to
school leader development, including the lack of current
resources being devoted to improving school leadership, and
recommended that a stronger emphasis be placed on quality
principal preparation programs in Federal law.
Fixing No Child Left Behind: Innovation to Better Meet the Needs of
Students (February 3, 2015)
This hearing was a roundtable with seven witnesses. The
roundtable discussion examined various State and local
innovation in schools, including innovative ideas to reform the
student learning experience, educator profession, and school
leader models that increase student achievement and close the
gaps between high and low performing students, as well as the
Federal Government's role in this important work under ESEA.
The witnesses included:
Dr. Robert Balfanz, a research professor at Johns
Hopkins University (Baltimore, MD), discussed how the high
school dropout rate across the Nation has decreased due to
local innovation being paired with various Federal efforts
focused on high schools, and argued for how direct Federal
support for high school reform and innovation have fostered a
needed increase in focus on how to improve local education
systems.
Mr. Ken Bradford, the assistant superintendent for
the Louisiana Department of Education, discussed how his
State's focus on career and technical education, as well as a
program that allows Louisiana students and families to take
hundreds of free online or face-to-face courses that are not
traditionally offered in the school system has increase
educational outcomes, particularly in rural areas.
Mr. Josh Davis, an employee of Delta Health
Alliance (Indianola, MS), highlighted the ongoing wrap-around
services work in his local area with the support of a Federal
Promise Neighborhoods grant, which has enabled the better
coordination of a continuum of academic, family, and community
resources, whereby unique program performance measures and
relevant data are frequently monitored and analyzed to make
corrective decisions collectively.
Ms. Katie Duffy, chief executive officer of
Democracy Prep Public Schools (New York, NY) discussed
Democracy Prep's civic education model as a charter to charter
turnaround network, while advocating for more local control and
flexibility, combined with transparency, data reporting
clarity, and necessary accountability for teachers and school
leaders who fail to perform for students.
Dr. Susan Kessler, the principal of Hunters Lane
High School (Nashville, TN) discussed innovative work in her
school district on improving school climate as a method of
raising student achievement, while advocating for Federal law
to include incentives that allow schools to focus on the
``whole child,'' expanding early educational opportunities, and
including mental health support offered in school districts.
Dr. James McIntyre, Jr., the superintendent of
Knox County Schools (Knoxville, TN), discussed his district's
use of classroom technology, teacher professional development
and supports through the TAP system, and community partnerships
to inform career cluster academies. He advocated for increased
flexibility under Federal law and a proposal for State
``earned-autonomy'' that would allow for State-created and -led
accountability systems.
Ms. Henriette Taylor, an elementary school
Community School Coordinator (Baltimore, MD), discussed her
work as a Federal Promise Neighborhoods grantee that has used a
community school model to address attendance, school climate,
and parent engagement. She advocated for maintaining dedicated
funding for the Promise Neighborhoods and Full-Service
Community Schools programs.
COMMITTEE CONSIDERATION
On April 7, 2015, the bipartisan Every Child Achieves Act
(ECAA) of 2015 was noticed for markup and a draft was
circulated to the committee. On April 12, 2015, an amendment to
the noticed bill, in the nature of a substitute, was circulated
to the committee. On April 14, 15, and 16, 2015, the committee
met in executive session to consider the bill. Eighty-eight
amendments were filed with the committee. The committee took
action on 37 amendments, adopting 29 of them and rejecting the
remaining 8. Twenty-one amendments were withdrawn. The bill, as
amended, was adopted by a roll call vote of 22 ayes to 0 nays
on April 16, 2015.
Amendments Voted On During Executive Session
1. Senator Alexander offered a manager's amendment in the
nature of a substitute to the Every Child Achieves Act of 2015.
The amendment was adopted by unanimous consent.
2. Senators Baldwin and Cassidy offered an amendment to
part B of title I to provide grants to States for enhanced
assessment instruments and audits of assessment systems. The
amendment was adopted by a roll call vote of 22 ayes to 0 nays.
3. Senators Collins and Sanders offered an amendment to
improve the innovative assessment and accountability
demonstration authority under the bill. The amendment was
adopted by a roll call vote of 22 ayes to 0 nays.
4. Senators Franken, Kirk, and Murray offered an amendment
to allow States to use computer adaptive assessments under
title I. The amendment was adopted by voice vote.
5. Senator Isakson offered an amendment to provide for a
rule of construction that ensures parent and guardian rights
with regards to student participation in State assessments. The
amendment was adopted by voice vote.
6. Senator Baldwin offered an amendment to require the
reporting of the number and percentage of students attaining
career and technical proficiencies on the State, local
educational agency, and school report cards required under
title I. The amendment was adopted by voice vote.
7. Senator Bennet offered an amendment to improve data
collection methods and systems under title I. The amendment was
adopted by voice vote.
8. Senator Warren offered an amendment to amend title I
relating to measures of effectiveness. The amendment was
defeated by a roll call vote of 10 ayes to 12 nays.
9. Senator Warren offered an amendment to amend section
1113(c) regarding schoolwide programs. The amendment was
defeated by a roll call vote of 10 ayes to 12 nays.
10. Senator Murray offered an amendment to require States
to report and disaggregate data on the academic achievement of
military-connected students under title I. The amendment was
adopted by a roll call vote of 15 ayes to 7 nays.
11. Senator Murphy offered an amendment to require States
to describe how the State educational agency will protect each
student from physical or mental abuse in school in their State
Plans under title I. The amendment was adopted by a roll call
vote of 12 ayes to 10 nays.
12. Senator Mikulski offered an amendment to include the
Jacob K. Javits Gifted and Talented Students Education Act of
2015 under title II. The amendment was adopted by voice vote.
13. Senators Casey and Collins offered an amendment to
include Ready-to-Learn Television program in title II. The
amendment was adopted by voice vote.
14. Senators Franken, Kirk, and Murray offered an amendment
to amend title II in order to improve student academic
achievement in science, technology, engineering, and
mathematics subjects. The amendment was adopted by a roll call
vote of 12 ayes to 10 nays.
15. Senator Bennet offered an amendment to amend title II
relating to teacher leadership. The amendment was adopted by
voice vote.
16. Senator Baldwin offered an amendment to amend title II
regarding workforce critical subjects. The amendment was
defeated by a roll call vote of 10 ayes to 12 nays.
17. Senators Franken and Cassidy offered an amendment to
support accelerated learning programs. The amendment was
adopted by voice vote.
18. Senator Cassidy offered an amendment to allow States
and local educational agencies to use funding under part A of
title II to train teachers, principals, and other school
leaders on understanding and identifying the early indicators
of students with dyslexia and other specific learning
disabilities and to conduct early evaluation and interventions
for students with dyslexia and other specific learning
disabilities. The amendment was defeated by a roll call vote of
10 ayes to 12 nays.
19. Senator Murkowski offered an amendment to amend title
IV regarding 21st century community learning centers. The
amendment was adopted by voice vote.
20. Senator Murray offered an amendment to authorize
Project SERV under title IV. The amendment was adopted by voice
vote.
21. Senator Baldwin offered an amendment to amend title IV
to provide grants and contracts to local educational agencies
and community-based organizations to initiate, expand, and
improve physical educational programs. The amendment was
adopted by voice vote.
22. Senator Bennet offered an amendment to amend title IV
relating to financial literacy and Federal financial aid
awareness efforts. The amendment was adopted by voice vote.
23. Senators Bennet and Collins offered an amendment to
provide for education innovation and research under title V.
The amendment was adopted by voice vote.
24. Senator Bennet offered an amendment to support rural
local educational agencies. The amendment was adopted by voice
vote.
25. Senator Casey offered an amendment to reduce school
discipline issues. The amendment was adopted by voice vote.
26. Senators Whitehouse and Collins offered an amendment to
amend title V in order to establish a program for literacy and
arts education. The amendment was adopted by voice vote.
27. Senators Franken and Murkowski offered an amendment to
amend title VII regarding Native American language schools and
programs. The amendment was adopted by voice vote.
28. Senator Franken offered an amendment to amend title IV
regarding elementary school and secondary school counseling
programs. The amendment was adopted by a roll call vote of 13
ayes to 8 nays.
29. Senator Bennet offered an amendment to establish a
weighted student funding flexibility pilot program. The
amendment was adopted by voice vote.
30. Senator Casey offered an amendment to amend title IV to
increase access to a well-rounded education. The amendment was
defeated by a roll call vote of 10 ayes to 11 nays.
31. Senator Cassidy offered an amendment to amend part D of
title II to ensure that children with dyslexia and other
specific learning disabilities have the resources and supports
they need to academically succeed. The amendment was defeated
by a roll call vote of 8 ayes to 14 nays.
32. Senators Murray and Isakson offered an amendment to
authorize early learning alignment and improvement grants. The
amendment was adopted by voice vote.
33. Senators Baldwin and Hatch offered an amendment to
award grants to encourage State educational agencies, local
educational agencies, and schools to utilize technology to
improve student achievement and college and career readiness,
the skills of teachers and school leaders, and the efficiency
and productivity of education systems at all levels. The
amendment was adopted by voice vote.
34. Senator Burr offered an amendment to better target
scarce Federal dollars for teachers and school leaders in our
Nation's neediest schools. The amendment was adopted by voice
vote.
35. Senator Casey offered an amendment to restore an
adjusted hold harmless provision for the formula grants under
part A of title II. The amendment was adopted by a roll call
vote of 13 ayes to 9 nays.
36. Senator Burr offered an amendment to restore an
adjusted hold harmless provision for formula grants under part
A of title II. The amendment was adopted by a roll call vote of
12 ayes to 10 nays.
37. Senator Cassidy offered an amendment to title V to
provide for an exemption from use of a weighted lottery for
schools that specialize in a learning disability and use an
evidence-based curriculum specific to such learning disability.
The amendment was defeated by a roll call vote of 5 ayes to 17
nays.
38. Senator Murphy offered an amendment to enhance
continuum of services. The amendment was defeated by a roll
call vote of 10 ayes to 12 nays.
Amendments Offered and Subsequently Withdrawn
1. Senator Scott offered and then withdrew an amendment to
expand opportunity by allowing title I funds to follow low-
income children.
2. Senator Whitehouse offered and then withdrew an
amendment to amend title I in order to provide grants to States
to ensure that all students in the middle grades are taught an
academically rigorous curriculum with effective supports so
that students complete the middle grades prepared for success
in secondary school and post-secondary endeavors, to improve
State and district policies and programs relating to the
academic achievement of students in the middle grades, to
develop and implement effective middle grades models for
struggling students, and for other purposes.
3. Senator Baldwin offered and then withdrew an amendment
to amend title I relating to State resource equity.
4. Senator Bennet offered and then withdrew an amendment to
amend the school identification, interventions, and supports.
5. Senator Isakson offered and then withdrew an amendment
to strike the 1 percent maximum on the number of students
assessed using alternate assessments.
6. Senator Murphy offered and then withdrew an amendment to
amend title I relating to intervention and support strategies,
and for other purposes.
7. Senator Franken offered and then withdrew an amendment
to assure educational stability for children in foster care.
8. Senator Baldwin offered and then withdrew an amendment
to increase the number and percentage of students who graduate
from high school college and career ready with the ability to
use knowledge to solve complex problems, think critically,
communicate effectively, collaborate with others, and develop
academic mindsets, and for other purposes.
9. Senator Bennet offered and then withdrew an amendment to
amend title I regarding comparability of services.
10. Senator Warren offered and then withdrew an amendment
to amend the State report card requirements under section
1111(d) to allow for cross-tabulation.
11. Senator Murphy offered and then withdrew an amendment
to improve early childhood educator compensation.
12. Senator Bennet offered and then withdrew an amendment
to amend section 1111(b) regarding measuring student academic
growth.
13. Senator Warren offered and then withdrew an amendment
to section 1114 to ensure that schools with low graduation
rates are identified as in need of intervention and support.
14. Senator Warren offered and then withdrew an amendment
to title I relating to the goals of the State accountability
system.
15. Senator Casey offered and then withdrew an amendment to
ensure teachers, principals and other school leaders, and other
educators are profession-ready.
16. Senator Bennet offered and then withdrew an amendment
to title IV regarding family engagement in educational
programs.
17. Senator Alexander offered and then withdrew an
amendment to title IV regarding anti-bullying policies.
18. Senator Casey offered and then withdrew an amendment to
part A of title IV to address harassment and bullying.
19. Senator Warren offered and then withdrew an amendment
to establish a college information demonstration program, and
for other purposes.
20. Senator Whitehouse offered and then withdrew an
amendment to support innovation schools.
21. Senator Franken offered and then withdrew an amendment
to end discrimination based on actual or perceived sexual
orientation or gender identity in public schools.
III. Explanation of Bill and Committee Views
The Every Child Achieves Act of 2015 (ECAA) updates current
law to reflect what has been learned in the 13 years since the
No Child Left Behind Act (NCLB) was enacted. It maintains
important aspects of the law, while improving those provisions
that reflect widespread consensus from teachers, principals,
school superintendents, chief State school officers, and
Governors on the need to be changed. Overall, the bill
maintains critical Federal protections around testing and
transparency while largely restoring to States and local
educational agencies (LEAs) the responsibility for determining
how to design State accountability systems that lead to
improved student achievement.
title i--improving basic programs operated by state and local
educational agencies
The ECAA restructures and amends Title I of ESEA to address
the following major issues:
Challenging State Academic Standards
The committee bill affirms State and local control of what
academic standards to adopt, without interference from the
Federal Government. The bill maintains current law in requiring
each State to adopt challenging State academic content and
achievement standards that apply to all students and schools in
the State in at least reading/language arts, mathematics, and
science. However, States are left to determine the knowledge,
skills, and specific levels of achievement to include in those
standards, so long as they demonstrate that such standards are
aligned with: (1) entrance requirements for the system of
public higher education in the State; (2) relevant State career
and technical education standards; and (3) relevant State early
guidelines as required under the Child Care and Development
Block Grant Act of 1990. The bill requires States to determine
at least three levels of achievement that will be included in
their standards, enabling States to move away from the NCLB-
designated levels (basic, proficient, and advanced) if they so
desire.
The bill strengthens current law in protecting State
control of academic standards. The bill is explicit that States
are not required to submit their standards to the Secretary of
Education for review or approval. The Secretary cannot mandate,
direct, control, coerce, or exercise any direction or
supervision over any of the content or achievement standards
adopted or implemented by a State. As a condition of approving
a State plan under title I, the Secretary may not require a
State to change any specific elements of its academic
standards, or specify, define, or prescribe the standards or
measures that States or LEAs use to establish, implement, or
improve their academic standards, including the content of
those standards or achievement levels within those standards.
Furthermore, the bill ensures that the Secretary is not
authorized to require or coerce a State to enter into a
voluntary partnership with another State to develop or
implement standards, including as a condition of any Federal
funding, approval of a State plan, or approval of a waiver from
the law. While it is the committee's intent to allow States to
enter into voluntary partnerships with other States and to use
Federal funds to do so, such decisions must be entirely at the
discretion of States, without any interference or coercion from
the Secretary of Education.
Alternate Academic Achievement Standards for Students With
the Most Significant Cognitive Disabilities
It is the intent of the committee to ensure that all
students are held to the high standards in order to be prepared
for entry into post-secondary education and careers. The
committee recognizes, however, that the challenging academic
achievement standards under section 1111(b)(1)(A) may not be
appropriate for a small percentage of students with the most
significant cognitive disabilities. To address these concerns,
the committee allows for a State to use a documented and
validated standards setting process to adopt alternate academic
achievement standards for students with the most significant
cognitive disabilities. These standards must align with a
State's challenging State academic content standards, reflect
professional judgment regarding the highest achievement
standards attainable by these students, be consistent with the
Individuals with Disabilities Education Act, including
provisions related to access to the general curriculum and
designation of these standards in the child's individualized
education program, and be aligned to ensure that a student
meeting the alternate academic achievement standard is on track
for further education or employment. These provisions also
prohibit any other alternate or modified academic achievement
standards. The committee notes that no State currently uses
other alternate or modified academic achievement standards for
assessment or accountability.
English Language Proficiency Standards
Similar to current law, the committee bill requires States
to adopt English language proficiency (ELP) standards that are
aligned with the State's academic content standards in reading
or language arts; ensure proficiency in English for each of the
domains of speaking, listening, reading, and writing; and
address the different proficiency levels of English learners.
Statewide Academic Assessments
The committee bill recognizes the need for timely and
objective information on student academic achievement so that
parents know how their children are performing and teachers can
improve classroom practice to support students that are
struggling to meet State academic standards. Statewide annual
assessments provide consistent information on student
performance across the State, including information on
achievement gaps within the State. This information, as one
measure of school performance, allows parents, educators, and
others interested in supporting improvements in our public
schools to compare how schools within the State are performing
relative to each other. The bill therefore maintains the
current law requirement that statewide assessments continue to
be administered annually in reading or language arts and math
for grades 3 through 8, and at least once during grades 10
through 12. Statewide assessments must also continue to be
administered in science at least once during grades 3 through
5, 6 through 9, and 10 through 12. These assessments must
continue to: be valid, reliable, consistent with relevant,
nationally recognized professional and technical testing
standards, and objectively measure a student's achievement and
skills; involve the inclusion of English learners and children
with disabilities with appropriate accommodations, including in
a language most likely to yield accurate data for English
learners; and enable disaggregation of results by several
categories of students, including the addition of homeless,
foster care, and military-connected student categories.
The committee bill provides more flexibility to enable
States to: use multiple assessments over the course of the year
to measure student knowledge, which culminate in a single
summative score for a student; partially deliver assessments
using portfolios, projects, or extended performance tasks; and
use the principles of universal design, to the extent
practicable, in assessment design. States are allowed to
develop and administer computer adaptive assessments that
measure, at a minimum, whether each student is meeting or
exceeding the grade-level performance for the State academic
content standards. The allowance of computer adaptive tests
will enable educators to receive more meaningful feedback on
classroom instruction in real-time. Computer adaptive
assessments have the potential to provide improved and more
detailed information regarding student knowledge, performance
and skill, but do not change the responsibility of local school
districts to provide appropriate instruction to all students
aligned to grade level standards, including students with
disabilities. The bill includes additional subgroups of
students for reporting purposes, including homeless students,
children in foster care, and military connected children.
The bill strengthens current law in protecting State
control of assessments by including explicit prohibitions on
the Secretary to establish any criterion that specifies,
describes, or prescribes the specific types of assessments or
assessment items that States or LEAs use to measure student
achievement. Furthermore, the bill ensures that the Secretary
is not authorized to require or coerce a State to enter into a
voluntary partnership with another State to develop or
implement assessments, including as a condition of any Federal
funding, approval of a State plan, or approval of a waiver from
the law. While it is the committee's intent to allow States to
enter into voluntary partnerships with other States and to use
Federal funds to do so, such decisions must be entirely at the
discretion of States, without any interference or coercion from
the Secretary of Education.
Universal Design for Learning
The committee encourages States and LEAs to incorporate the
principles of Universal Design for Learning (UDL) in the design
and development of curriculum, instructional strategies,
assessments, and professional development. The committee notes
that UDL is a strategy that supports learning in all
classrooms, not just classrooms that specialize in providing
special education services, thus the committee encourages
school leaders and instructional personnel to participate in
appropriate professional development to build their knowledge
and skills in implementing UDL. However, incorporating UDL as a
strategy under this Act is not intended to minimize the use or
need for assistive technology, which may be an appropriate
accommodation for individual students with disabilities.
Assessing English Learners
The committee acknowledges that certain exceptions must be
available when including the student academic achievement of
English learners on reading, language arts, and mathematics
tests in State accountability systems. In this bill, States may
exempt recently arrived English learners from one
administration of the State's reading or language arts test,
but not the mathematics test. Regardless of whether these tests
are taken, the results of both assessments do not need to count
for the purposes of the State's accountability system for the
first year of the English learner's enrollment in the United
States. States may utilize tests in a student's native language
for an English learner's first 3 consecutive school years in
the United States, and then must assess students in English.
LEAs may, on an individual basis, assess such students
identified as English learners in a language other than English
for no more than an additional 2 years, if such student has not
yet reached a level of English language proficiency sufficient
to yield valid and reliable information.
The committee recognizes that local educational agencies
and schools should receive credit for the math and reading
assessment results of English learner students after they have
reached full English proficiency. The bill provides the
flexibility to include the math and reading assessment results
of a student who is no longer classified as an English learner
in the State's accountability system for not more than 2 years
after exiting English learner status. These policies will
provide the information needed to determine if English learners
are graduating prepared for post-secondary education or the
workforce. Additionally, each State plan must also demonstrate
that LEAs will provide annually assessments of English
proficiency for English learners to determine a student's
speaking, listening, reading, and writing skills in English.
Alternate Assessments for Students With the Most
Significant Cognitive Disabilities
The committee has provided States with the option to create
alternate assessments based on alternate academic achievement
standards to measure the academic proficiency of students with
the most significant cognitive disabilities. Alternate
assessments must be aligned with the State's content standards.
When electing to create alternate assessments, the States must
ensure the alternate assessments are used in a manner
consistent with the requirements of the Individuals with
Disabilities Education Act (IDEA). This includes providing
appropriate accommodations, involving parents in the decision
to use the alternate assessment, and ensuring students with the
most significant cognitive disabilities are involved in and
make progress in the general education curriculum. A student
taking the alternate assessment may not be precluded from
attempting to complete the requirements for a regular high
school diploma. Any State using the alternate assessment must
ensure that teachers and appropriate staff are trained to
administer the assessment and to support the use of appropriate
accommodations. In the interest of ensuring that all students,
including children with disabilities, are held to the highest
standards of academic achievement, and to protect against the
inappropriate use of the alternate assessment, the total number
of students assessed using the alternate assessment may not
exceed 1 percent of the total number of all students in the
State who are assessed in each subject and not more than 1
percent of assessments used in determining the achievement of
students in the State accountability system may be alternate
assessments for students with the most significant cognitive
disabilities. The committee recognizes that in some LEAs there
are concentrations of students with the most significant
disabilities, thus this 1 percent limitation is at the State
level and does not extend to individual schools or LEAs.
The determination of whether a student should be assessed
using the alternate assessment based on alternate academic
achievement standards must be made on an individual basis for
each subject by the participants on each child's Individualized
Education program (IEP) Team. It is the committee's intent that
section 1111(b)(2)(D) be read consistently with the
requirements of the IDEA insofar as it does not interfere with
the ability of an IEP Team to make an informed and
individualized determination about an appropriate assessment.
The committee notes, however, that while the IDEA gives an IEP
Team the authority and responsibility to determine how each
individual child with a disability participates in State and
local testing systems, this authority must be exercised within
guidelines intended to maximize opportunities for students with
disabilities. Section 612(a)(16)(C) of the IDEA and section
1111(b)(2)(D)(i)(II) of this Act require States to develop
guidelines for the participation of children with disabilities
in alternate assessments for those students who cannot
participate in regular assessments, even with appropriate
accommodations. The committee views the 1 percent amount
specified in the statute as reinforcing the necessity for IEP
Teams to adhere to State guidelines.
Assistive Technology
The committee recognizes the importance of appropriate
accommodations that allow students to demonstrate knowledge and
skills and support access to instructional materials and
instruction. Because of the advances in assessment design and
the increased use of computer-based assessments, the committee
recognizes that technology-based accommodations and the use of
assistive technology may become increasingly important for
students with disabilities to demonstrate their academic
performance.
Grants for State Assessments and Related Activities
The committee bill includes dedicated funding for States to
implement the State assessments in math, reading, and science
that are required in part A of title I. The bill modernizes the
formula grants to States to allow them to use funds to develop
or improve balanced assessment systems that include summative,
interim, and formative assessments. It also maintains support
for States to develop English proficiency assessments, or
assessments with appropriate accommodations for students with
disabilities or English learners, including native language
assessments.
Grants for Enhanced Assessments Instruments
The committee bill maintains the competitive grant program
for other assessments besides the required State assessments.
ECAA updated the program to allow for the development of
comprehensive assessments instruments such as performance-,
technology-, and competency-based assessments, computer
adaptive assessments, and portfolios, projects, or extended
performance tasks. This funding can also be used to develop
English language proficiency assessments, and assessments with
appropriate accommodations for students with disabilities or
English learners, including native language assessments. The
committee expects this competition will lead to the creation of
higher-quality assessments that are better able to measure
student achievement.
Addressing Overtesting Concerns
A common and recurring criticism of NCLB is that it has led
to overtesting of students, and a narrowing of the curriculum
for schools to mainly focus on math and reading since they are
the subjects annually tested and those that have historically
had the primary weight in the State's accountability systems.
At a committee hearing in January entitled ``Fixing No Child
Left Behind: Testing & Accountability,'' several witnesses,
including Dr. Martin West, Assistant Professor of Education at
the Harvard Graduate School of Education, testified that
students are being tested too frequently, but the Federal
requirements for annual testing are not the cause of
overtesting. Dr. West noted that ``federally mandated annual
State tests generally account for less than half of test-
taking time, just 32 percent in a recent Ohio study.''
The committee met with many individuals, including
teachers, principals, superintendents, parents, and State
leaders, who reiterated that the annual testing required by
NCLB is not the root cause of overtesting. Rather, the
overreliance on these tests as required by NCLB in the State's
accountability system to determine success and failure of
schools has led to many States, local educational agencies, and
schools implementing many additional State and local tests to
prepare for the annual assessments required under NCLB. While
the committee accepts the importance of these annual statewide
tests in providing critical information to parents, educators,
and others interested in supporting improvements in our public
schools, the committee bill makes several changes to current
law in response to concerns around overtesting and overreliance
on State tests.
Deferred Commencement or Administration
The committee bill continues to allow States to defer
commencement or administration of State tests if annual funding
falls below the current funding level for the States assessment
grant program. This important protection, which was included in
NCLB, helps ensure that States are only required to fulfill
Federal testing mandates if there are funds provided to
implement such mandates.
Parental Opt-Out
The committee bill includes language clarifying that
nothing in title I, part A of current law is to be construed as
preempting a State or local law regarding the decision of a
child's parent or guardian to have the child not participate in
the statewide academic assessments under section 1111(b)(2).
This language is intended to protect parents' ability to choose
whether or not their child takes a test, reiterating their
rights to opt their children out of State tests if such right
is provided under State or local law. It does not affect the
obligations of a State that accepts title I funds, or of LEAs
in the State, to comply with title I requirements relating to
assessments, including administering the assessments, reporting
on student achievement as measured by those assessments, and
using the assessment results to carry out the State
accountability system.
State and Local Audits
The committee bill includes a new reservation of funds
under the State assessment grant program to enable States and
LEAs to carry out audits of State and local assessment systems.
Many State and local assessments that are currently being used
are redundant, low-quality, and take valuable time away from
classroom instruction. Some of the items that these audits will
review related to each State and LEA assessment are:
The grade and subject assessed.
Whether the assessment is required under Federal
education law.
The annual cost in developing, purchasing,
administering, and scoring the assessment.
The purpose of the assessment.
The time to disseminate assessment results.
How it is aligned to State standards under section
1111(b)(1).
What State or local laws or regulations require
the assessment.
The audits will also include feedback from multiple
stakeholders on the assessment system, including how educators
use the assessment data to improve instruction, the time it
takes to prepare students for the assessments, how useful they
are, and the time it takes for students to take the tests.
Finally, States and districts will prepare a plan on how to
address the audit findings, including eliminating assessments
that are not useful, not helpful in improving learning,
redundant, or unrelated to State standards.
These audits are intended to help bolster the dearth of
systematic data on the amount of time students nationwide spend
taking Federal, State, and local tests. They will also help
address the concerns that some schools test far more than is
necessary, and that too many schools devote excessive time to
narrow test preparation activities. The concerns voiced by
parents and educators related to testing are legitimate, and
the first step to correcting the problem of overtesting is to
get better information on how much testing is occurring and for
what purposes. The committee intends for States and LEAs to use
data from the audits to find opportunities to reduce the
testing load on schools, teachers, and students.
Innovative Assessment and Accountability Demonstration
Authority
ECAA authorizes the Secretary to allow seven State
educational agencies initially to develop and implement an
innovative assessment and accountability pilot. This pilot will
allow States to develop new assessment systems instead of, or
in addition to, the required State tests. The committee intends
that the States who receive the pilot authority will have the
necessary infrastructure and State policies in place to
implement these innovative assessment systems effectively.
These innovative assessment systems may be comprised of tests
such as competency-based assessments or proficiency- or
performance-based assessments that validate when students are
ready to demonstrate mastery of skills and allow for
differentiated student supports based on demonstrated student
needs. The innovative assessment system will have to meet
minimum Federal protections and be peer reviewed and approved.
The innovative assessment system must monitor progress of
student learning in the assessed areas, and generate annual,
summative determinations about student achievement based on
annual data for each individual student. The demonstration
authority is not intended to result in multiple annual
assessment systems from which local educational agencies may
select. Rather, the intent is to provide authority for States
to develop a statewide innovative assessment system, that could
include a variety of types of assessments, to eventually
replace the existing statewide assessment system under section
1111(b)(2), for all local educational agencies in the State so
long as they meet the requirements of ECAA and the
demonstration authority.
These next generation assessment systems are intended to
support better teaching and learning, as teachers will have
real-time data on student learning and needs that they can use
to tailor instruction rather than administering a one-time end-
of-year test which does not provide useful information to
teachers or students in a timely fashion. The committee intends
the results on the assessments developed in the pilot to be
comparable, valid, and reliable as compared to results on the
State assessments and to provide unbiased, rationale,
consistent, and comparable determinations of progress toward
annual goals and determinations under section
1111(B)(3)(B)(iii). The committee also intends this pilot
authority to support the work currently happening in States to
support higher quality assessments connected to better teaching
and learning. While the committee bill addresses issues of
overtesting, this pilot also helps support efforts to improve
the utility and quality of assessments.
State-Designed Accountability Systems
ECAA eliminates many of the rigid one-size-fits-all
accountability requirements of NCLB, particularly the
requirements related to adequate yearly progress (AYP) and the
2014 deadline for States to demonstrate 100 percent proficiency
among their students in reading and math. Instead, the bill
makes clear that States have the responsibility for developing
a single, statewide and State-determined accountability system
to ensure that all students graduate from high school prepared
for post-secondary education or the workforce without the need
for post-secondary remediation. However, the committee bill
also responds to requests from Governors, Chief State School
Officers, and other representatives of educators, the business
community, and the civil rights community that Federal law
maintains some important requirements to ensure that States
implement meaningful systems that will hold schools accountable
for student outcomes, including the outcomes of individual
student subgroups. Therefore, the committee bill seeks to
strike a balance that provides an outline of an accountability
framework that all States must adhere to, but provides States
with greater flexibility to develop systems within that outline
that are reflective of individual State priorities and needs.
Under the committee bill, State accountability systems must
include the following elements, at a minimum:
Annual State-designed goals for all students and
each of the subgroups of students for student academic
achievement on the statewide annual assessments and high school
graduation rates;
Academic achievement of all students and each of
the subgroups on State tests, which may include student growth;
A statewide academic indicator of success for
elementary schools for all students and each subgroup of
students;
High school graduation rates for all students and
each of the subgroups of students;
English language proficiency for all English
learners; and
Any other indicator of school quality, success, or
student supports, determined by the State for all students and
each of the subgroups of students.
The annual State-designed goals must take into account the
progress necessary for all students and each of the individual
subgroups of students to graduate from high school prepared for
post-secondary education or the workforce without the need for
post-
secondary remediation. This requirement is intended to make
clear to States that they are expected to set ambitious goals
to ensure that all students, including each of the subgroups of
students, meet the longer-term goal of graduating from high
school ready for post-secondary education or the workforce
without the need for remediation. ECAA provides flexibility for
States in the design of these goals.
ECAA does not mandate the use of student growth as a
Federal requirement in State accountability decisions. However
many States are already including student growth in their
accountability systems and ECAA maintains the ability for
States to continue to do this. Furthermore, States may use
measures of growth for the annual goals under section
1111(b)(3)(B)(i), the achievement indicators under section
1111(b)(3)(B)(ii), and the system of annual identification of
schools under section 1111(b)(3)(B)(iii).
In addition to the statewide annual assessment, ECAA
requires States include a series of other indicators in their
accountability systems. The bill requires States to include a
statewide academic indicator for elementary schools and
secondary schools that are not high schools. This indicator is
to be the same statewide indicator for all public elementary
school students and each individual subgroup of students and
may include measures such as attendance rates. States must also
include high school graduation rates for all students and each
individual subgroup of students. Graduation rates will be
measured as the 4-year adjusted cohort rate and extended year
rate, as defined in the 2008 Federal regulation. In addition to
statewide assessments, both the elementary school indicator and
high school graduation rates must be substantial factors in the
State-designed accountability systems, the weight of which is
determined by the State. In addition, States are required to
include English language proficiency for all English learners
in their State-designed accountability systems, which shall be
based on the State requirements for timelines and goals for
progress under section 1111(c)(1)(K).
Finally, States must also include one other statewide
indicator of school quality, success, or student supports that
will be applied to all local educational agencies and schools
consistently throughout the State for all students and each
individual subgroup of students. This other measure of school
quality could include measures of student readiness to enter
post-secondary education or the workforce without the need for
post-secondary remediation. The committee's intent is that
``measures of student readiness to enter post-secondary
education'' may include measures such as passage rates on
Advanced Placement and International Baccalaureate exams, ACT
and SAT scores, credits accumulated through dual and concurrent
enrollment programs or early college high school programs or
other measures determined appropriate by the State.
State-designed accountability systems will use all the
indicators to annually identify and meaningfully differentiate
among all public schools in the State, with student academic
achievement for all students and each individual subgroup of
students on the statewide tests, the academic indicator for
elementary and middle schools, and high school graduation rates
all being substantial factors in the system, the weight of
which is determined by the State. State-designed systems must
also ensure that 95 percent of all students and each individual
subgroup of students who are required to be assessed annually
takes the statewide assessments required under section
1111(b)(2). The 95 percent test rate requirement must also be
factored into the State accountability system with States
determining how it factors into such system. In determining
whether this requirement is met, the committee intends for all
students required to be assessed to be included in the State
accountability system, including those who use appropriate
accommodations or are assessed using the alternate assessment
based on alternate academic achievement standards.
The committee bill eliminates the notion of a one-size-
fits-all federally mandated system for holding schools
accountable and further seeks to ensure that important
decisions concerning the design and implementation the State
accountability systems need to be made by State educational
agencies with timely and meaningful consultation with
stakeholders, including Governors, local educational agencies,
representatives of tribes located in the State and teachers,
principals, other school leaders, specialized instructional
support personnel, and paraprofessionals, including
organizations representing such individuals. The bill
strengthens current law in protecting State and local authority
to make decisions related to school accountability by including
specific prohibitions on the Secretary. The Secretary is
specifically prohibited from establishing any criterion that
specifies, defines, or prescribes:
The specific goals that States establish within
State-designed accountability systems for all students and
subgroups of students for student academic achievement or high
school graduation rates.
The specific weight or specific significance of
any measures or indicators used to measure, identify or
differentiate schools in the State-determined accountability
system.
Any aspect or parameter of a teacher, principals,
or other school leader evaluation system within a State or
local educational agency.
School Identification, Interventions, and Supports
The committee recognizes that accountability systems that
are more tailored to the needs and strengths of States and
school districts stand a greater chance at successfully
leveraging improvements in student achievement than the one-
size-fits-all approach of NCLB. The committee bill requires
that States use the State-
designed accountability system to annually identify and
meaningfully differentiate all public schools that are in need
of intervention and support due to low-performance in the State
accountability system. The committee intends for this
meaningful differentiation to include issues such as the
reasons why schools were identified by the State, such as
chronic underperformance of all students or underperformance of
student subgroups. States must provide a clear and
understandable explanation of this differentiation.
All title I schools that are identified must implement an
evidence-based intervention and support strategy designed by
the State or school district. An important provision in the
ECAA is the requirement that all school districts with
identified schools as in need of assistance will conduct an
extensive review of such identified schools, including by
examining the indicators in the accountability system, and
policies, procedures, personnel decisions and budgetary
decisions that could have led to the identification of the
school. Then, an evidence-based strategy for use in improving
identified schools can be developed based on the actual needs
of the school, and be proportional to the actual identified
needs of the school. The intervention and support strategies
used by school districts must distinguish between the lowest
performing schools and other schools identified as in need of
intervention and support for other reasons, including schools
with subgroups of students not meeting the annual goals
established in 1111(b)(3)(B)(i). This provision sends a signal
to States that subgroup performance must be a part of the
identification of schools for intervention and support
strategies. The school districts must develop comprehensive
plans for ensuring the successful implementation of these
intervention and support strategies and collect and use data on
an ongoing basis to monitor the results of these intervention
and support strategies and adjust them as necessary.
Furthermore, LEAs must describe the actions they will take to
assist identified schools to improve student academic
achievement in the title I plans they submit to their State,
including the lowest performing schools and schools identified
for other reasons, including schools with categories of
students not meeting annual goals. The committee acknowledges
the shortcomings with the prescriptive turnaround models
promulgated by the Department of Education for LEAs to use in
turning around low-performing schools. Strategies that are
designed by States and LEAs involving multiple local
stakeholders and based on the identified needs of schools will
be much more effective in helping to improve a school and will
have the support of the educators, staff, and parents who will
do the hard work of school improvement. The bill is explicit in
prohibiting the Secretary from establishing any criterion that
specifies, defines, or prescribes any school intervention or
support strategy that States or LEAs will use to assist schools
identified as in need of assistance under the State
accountability system.
ECAA requires States to monitor and evaluate the
intervention and support strategies implemented by local
educational agencies in schools identified as in need of
intervention and support, including the lowest performing
elementary schools and secondary schools and schools identified
for other reasons, including schools with subgroups of students
not meeting annual goals established by States. The committee
intends that States will continue to identify a balanced
representation of all levels of schooling among their lowest
performing schools, including high schools with low graduation
rates. States must also describe the steps they will take to
assist local educational agencies if the evidence-based
strategies being used in identified schools are not effective,
or if the local educational agencies have failed to carry out
their responsibilities. LEAs and States must use results from
the State monitoring and evaluation to take appropriate steps
to change or improve interventions or support strategies as
necessary.
The committee bill continues to support title I schools
identified as in need of intervention and support from two
different funding sources--authorization of the School
Intervention and Support (SIS) program, to replace the School
Improvement Grant program under NCLB, and by providing
flexibility for States to reserve 4-percent from title I, part
A funds for technical assistance and support for school
district improvement and support activities. Funds under
section 1003(b) may be used by the State directly, with the
approval of the local educational agency, or the local
educational agency to provide interventions and supports
through other entities such as school support teams,
educational service agencies, or other nonprofit or for-profit
organizations that use evidence-based strategies to improve
student achievement, including converting identified schools to
charter schools, or to open new public charter schools or
expand high quality public charter schools to serve all
students enrolled in each identified school receiving such
funds.
States that receive SIS funds must award 95 percent of
these funds, competitively, to school districts with identified
schools and must prioritize districts serving elementary and
secondary schools identified as the lowest performing schools
in the State. SIS subgrants are awarded for a 5-year period,
and States must monitor and evaluate the implementation of
evidence-based school intervention and support strategies
funded by SIS. A State may reserve more than 5 percent of SIS
funds to directly provide intervention and supports to
identified title I schools if LEAs fail to effectively improve
such schools, but the committee intends that the majority of
SIS funds will be allocated to LEAs. Districts will have to
describe to their State the process they will use to select
evidence-based intervention and support strategies, and the
timeline for implementing such strategies. In addition,
districts will monitor the effectiveness of the implementation
of such strategies and make appropriate changes if the
strategies are not effective. The intervention and support
strategies will have to meet the needs of all students,
including student subgroups. Additionally, the bill allows
States to allocate SIS funds to a statewide school district, a
consortium of LEAs, or an educational service agency, all of
which serve identified schools, if such entities are legally
constituted or recognized as LEAs in the State.
State Plans
As under current law, any State wishing to receive title I,
part A funds, must submit a plan to the Secretary describing
how the State and its school districts will meet the
requirements of this Act and will coordinate the activities
with related Federal programs. The committee intends for many
community stakeholders to be meaningfully consulted in the
development of the State plan, including the Governor, LEAs,
educators (including representatives of educators),
representatives of Indian tribes located in the State, other
staff, administrators, and parents. The committee bill includes
many important provisions for States to include in their plans.
The States must include the minimum number of students to be
included in each subgroup of students for accountability
purposes, and this number must be statistically sound, not
reveal personally identifiable information, and determined
through collaboration with other education stakeholders. This
will ensure that schools have an accurate measure of student
subgroup performance. States must describe the process used for
determining this minimum number, and publish it on the State
report card. The committee recognizes the value and importance
of disaggregation of data by categories of student. This
disaggregation allows for more meaningful accountability and
improved transparency. The committee intends for the report
required under section 1018 to guide States in making the
determination of the minimum number of students to be included
in each subgroup of students for accountability purposes.
ECAA also maintains the current law equitable distribution
of educator requirements, which seek to ensure that low-income
and minority children are not taught at disproportionate rates
by ineffective, inexperienced, or out-of-field educators. The
State plans must describe how the State will make public the
methods and criteria the State is using to measure teacher,
principal, and other school leader effectiveness to ensure
educators and other stakeholders know how the State is
determining educator effectiveness. The State plans must also
describe how States will address school climate and discipline
issues; if the States propose to use funds to assist gifted and
talented students, how the State will do so; and how the State
determines the timelines and annual goals for progress in
English proficiency for English learners. This requirement
relates to the information States will use to meet its
requirements for English learners under the State
accountability system, as well as for requirements related to
English learners under title III. State plans also include
important assurances that States will: participate in the
biennial math and reading National Assessment of Educational
Progress; support the collection and dissemination of effective
parent and family engagement strategies; and ensure that all
educators meet applicable State certification and licensure
requirements, including qualifications for paraprofessionals
that have been in place since 2002.
Peer Review
The committee bill improves the peer review and title I
State-plan approval processes from current law. The committee
intends the peer review process to be a method for providing
constructive feedback to States regarding how the provisions in
their State plans might be implemented, including in the most
important areas of their plans related to assessments,
accountability, and school intervention and support. Peer
review teams must include a balanced representation of recent
or current practitioners, and those who have research
experience in implementing standards, assessments, or
accountability systems, as well as meeting the needs of
disadvantaged students and those with special or unique needs.
The bill provides greater transparency around on peer review
team participants. The names of peer reviewers will be
published on the Department's Web site, and the same peer
reviewers will not review all of the State plans. Peer
reviewers will conduct an objective review of the State plans
out of respect for State and local judgments and provide
objective feedback on the technical and overall quality of
State plans.
State Plan Approval
ECAA requires States to submit title I State plans to the
Secretary for approval, but requires State plans to be deemed
as approved within 90 days of submission unless the Secretary
presents substantial evidence that the plan does not meet the
requirements of title I. If the Secretary finds the plan does
not meet the requirements of title I, States are provided
immediate notice, a description of non-compliant provisions,
all peer reviewer comments, an opportunity to revise and
resubmit the plan, technical assistance upon request, and an
opportunity for a public hearing. The committee does not intend
for the Secretary to be forced into approving State plans if
the States are not cooperative in submitting materials for
review as part of the plan-approval process.
The committee bill includes clear and explicit prohibitions
on the Secretary regarding State plans. The Secretary shall not
have the authority to require a State, as a condition of
approval of its plan or revisions or amendments to its plan, to
include in, or delete from, such plan one or more specific
elements of the challenging State academic standards, use
specific academic assessment instruments or items, set specific
State-designed annual goals for academic progress for students
and subgroups of students, or specific timelines for such
goals, assign any specific weight or specific significance to
any measures or indicators of student academic achievement or
growth within the State-designed accountability system,
specify, define or prescribe any specific benchmarks, targets,
goals, or metrics to measure non-academic measures or
indicators, or any aspect or parameter of a teacher, principal,
or other school leader evaluation system. State plans will be
in effect for 7 years and periodically reviewed and revised by
the State as necessary. If States make significant changes to
their State plans at any time, including changes to their
accountability systems under section 1111(b)(3), such
information shall be submitted to the Secretary and the
Secretary shall review the information and approve or
disapprove the changes within 90 days without undertaking the
peer review process again.
Seclusion and Restraint
Seclusion and restraint have been used in various school
situations as a means of discipline or reactive behavioral
control. These practices often affect children with
disabilities and children of racial and ethnic minorities, as
documented in the U.S. Department of Education 2011 and 2013
Civil Rights Data Collection. The committee adopted an
amendment in markup to require States to describe in their
State plan how students will be protected from physical and
mental abuse, aversive and dangerous behavioral interventions,
and the use of seclusion and restraint, including how the State
will use professional development for school personnel. The
committee notes that many States have policies that will
satisfy this requirement. These provisions will encourage all
States to determine how every student will be protected from
inappropriate use of seclusion and restraint.
Annual Report Cards
One of the most important achievements of NCLB was the
annual public reporting of data regarding student academic
achievement, graduation rates, and other indicators, and the
requirement to report that data publicly in a manner consumable
by parents, families, policymakers, and the general public. The
committee supports the continuation of reporting of this and
other data to help hold States, school districts, and schools
accountable to their stakeholders for the success of all
students. ECAA continues the data collection and reporting
requirements from NCLB, including for all students and
disaggregated by subgroups of students, and adds a number of
important requirements, including reporting on the percentage
of students who did not meet annual State-designed goals, while
ensuring protections are in place to not overly burden States
and LEAs or release personally identifiable information.
Some key additions to the report cards are equity and
school climate indicators reported on the Civil Rights Data
Collection biennial survey. The purpose of these additions,
which provide that State and local report cards shall include
information on access and barriers to access to certain
critical educational resources, is to provide better
information to the public to promote equity in access to those
resources for all students. ECAA also requires States to report
information regarding the professional qualifications of
teachers by poverty quartiles and high- and low-minority
schools in the State in order to help States comply with the
bill's equitable distribution requirements. The legislation
also requires States and districts to report the per-pupil
expenditures for Federal, State and local funds, disaggregated
by source of funds. These expenditures must include actual
personnel expenditures and actual non-personnel expenditures at
each individual school, and not district averages for teacher
and personnel expenditures.
ECAA also includes a new Secretary's report card that
contains the information from the State, LEA, and school report
cards. This information provides an opportunity for the
Secretary to highlight examples of effective and ineffective
strategies for educational improvement happening across the
country.
Public Recognition
ECAA provides the authority for the Secretary to identify
and publicly recognize exemplary performance among States,
local school districts, schools, as well as excellence among
educational professionals in many different areas. This may
include recognizing excellence in classified school employees
for improving student wellness or achievement. This authority
will give States further opportunity to identify and reward
school districts and schools that are top performers, including
schools and districts that demonstrate strong academic
achievement, growth, or graduation rates for all students and
subgroups of students.
Schoolwide and Targeted Assistance Programs
The committee bill maintains the schoolwide and targeted
assistance programs under current law, including the
requirement that a title I school must have 40 percent or more
of students in poverty to operate a schoolwide program.
However, in an effort to provide more local flexibility, the
bill asks LEAs to conduct a needs analysis of all title I
schools in the LEA. If the results of the needs assessment
determines a school under 40 percent poverty could best serve
its title I students using a schoolwide program, the LEA can
waive the 40 percent threshold requirement.
Foster Children
ECAA requires States to detail the steps they will take to
ensure collaboration with State agencies responsible for foster
care, including an assurance that children will be immediately
enrolled in and records will be transferred to a receiving
school. Collaboration is important to help better identify
foster youth to address their specific needs. The bill also
requires disaggregated reporting on foster student achievement
under the State, local educational agency, and school report
cards to get better information on how students in foster care
are performing. As part of reporting, the committee expects
that State educational agencies will work with child welfare
agencies to gather an accurate number of the foster children
they are serving.
Early Childhood Education
The committee clarifies that States can use title I-A funds
to support early learning initiatives. States that do so are
encouraged to have comprehensive plans for determining need and
ensuring program quality that may take into account
establishing or upgrading early childhood educator licensure
requirements, improving professional development opportunities
for early childhood educators, and carrying out other
activities related to early childhood education.
Highly Qualified Teachers
The committee bill repeals NCLB's definition of a highly
qualified teacher (HQT), which places too much emphasis on a
teacher's credentials, degrees, and licensing rather than a
teacher's ability to actually improve student achievement.
There is widespread bipartisan agreement that HQT is not the
best measure of teacher effectiveness. A Federal definition of
teacher quality can be especially harmful to rural school
districts which often face unique challenges, including those
related to hiring and retaining effective teachers. Therefore,
ECAA requires States to report on their system of
certification, licensing, and professional growth and
improvement, as well as to report on other indicators related
to teacher effectiveness.
Parent and Family Engagement
The committee bill strengthens current law provisions by
expanding such involvement to family members. This shift is
intended to acknowledge the role that non-custodial family
members play in the life of a child. LEAs must continue to
develop a written parent and family engagement policy. The bill
also improves parent and family engagement by requiring
outreach to all parents and family members, including
meaningful involvement of the parents and family members in the
development of the parent and family engagement policy.
Furthermore, the bill allows for the establishment of a parent
advisory board comprised of a representative group of parents
or family members served by the LEAs and recognizes the
important role LEAs play in improving parent and family
engagement by increasing support for district-level parent and
family engagement activities. Early Head Start, Home
Instruction for Parents of Preschool Youngsters, and Parents as
Teachers are intended to remain eligible for funding under the
Parent and Family Engagement section.
Participation of Children Enrolled in Private Schools
Provisions related to the equitable participation of
private school students have been a part of ESEA since its
enactment in 1965. These provisions are intended to help
disadvantaged students who attend private schools and are
included in the calculation of Federal funds allocated to
public school districts. ECAA improves current law to ensure
that eligible private school students who help generate funds
in eligible attendance areas receive the services for which
they are eligible. ECAA clarifies that allocations to provide
services to private school students must be determined before a
LEA reserves any money ``off the top'' of its title I
allocation. This will help ensure that a LEA's total title I
allocation is included in discussions when determining
equitable services for private school children and prior to any
allowable expenditures are reserved by the school districts.
The bill also requires more transparency into how allocations
for private school students are determined during the
consultation process with the local school district, as well as
whether the district will provide services directly to private
school students or assign responsibility for those services to
a separate government agency, consortium, or entity, or to a
third-party contractor. Last, the bill requires that equitable
services for title II funds be determined on the basis of the
full allocation of title II funds to a LEA rather than only the
portion spent on professional development activities by the
LEA.
Supplement, not Supplant
ECAA maintains the ``supplement, not supplant'' (SNS)
requirements from current law, which ensure Federal dollars are
used as an addition to State and local resources, and do not
replace them. While the committee recognizes the importance of
this requirement, the committee also recognizes that Department
of Education regulations have led these requirements to be more
restrictive than the provision's original intent. To address
this, the bill includes new provisions detailing how LEAs and
schools must demonstrate compliance with SNS under part A of
title I. Specifically, the bill allows States and LEAs to
comply with SNS for title I, part A funds if they can document
that the manner in which they allocate State and local
resources to schools is ``Title I neutral,'' or that the
methodology does not account for the title I funds that schools
will receive. Additionally, the bill removes requirements in
regulation that force LEAs to identify individual costs or
services as supplemental. Instead, the way in which State and
local resources are allocated to a school must be examined as a
whole to ensure that the methodology does not account for title
I funds the schools will receive. This language will provide
more flexibility for schools to utilize title I funds to
implement comprehensive and innovative programs. LEAs will be
able to demonstrate SNS compliance in a much less burdensome
and restrictive way, while still making clear that Federal
dollars are supplemental to State and local dollars and not be
used to replace them.
Maintenance of Effort
The committee bill maintains current law maintenance of
effort (MOE) requirements, which ensure that States and LEAs
provide support for elementary and secondary education year to
year, while also providing LEAs additional flexibility if
extraordinary circumstances cause a LEA to not meet these
requirements periodically. If a LEA fails to maintain State and
local spending at a level that is at least 90 percent of its
prior year spending, it will not be subject to a reduction in
Federal funds, so long as such LEA has not failed to meet MOE
requirements in the preceding 5 years. The LEA will be able to
have 1 year to return to compliance with MOE for the year
preceding the year that the LEA did not meet the requirements
without penalty. As is the case under current law, the
Secretary may waive MOE requirements for 1 year under certain
circumstances. The bill adds an additional example under which
the Secretary may consider waiving MOE requirements: ``a change
in the organizational structure of the local educational
agency.'' The committee included this example because school
districts sometimes make key staff changes or centralize
operations that may result in a more streamlined and better-
governed school system, but also a one-time reduction in
spending.
Education of Migratory Children
The committee bill amends part C of title I of current law
to clarify that programs to serve migratory children and youth
should be designed to prepare such children and youth for post-
secondary education or the workforce without the need for post-
secondary remediation. The committee bill makes a number of
changes to address the challenges posed by LEAs in identifying
migrant students, including defining particular circumstances
of migratory workers and what constitutes a ``qualifying
move.'' In particular, the committee believes that temporary
and seasonal workers should include those workers who have been
employed not longer than 18 months, or a longer period with
justification by the State. Services should be prioritized for
migratory children that have made a qualifying move within the
previous year, meaning a move out of economic necessity, in
certain circumstances. The bill also includes definitions for
migratory agricultural worker, migratory child, migratory
fisher, and more explicit information on what constitutes a
qualifying move to update the changing status and circumstances
of migrant workers since NCLB.
Prevention and Intervention Programs for Children and Youth who are
Neglected, Delinquent, or At-Risk
The committee bill amends part D of title I of current law
to ensure that State educational agencies have established
procedures to ensure prompt re-enrollment into secondary
schools or re-entry programs, including the transfer of
credits, and opportunities to participate in post-secondary
education or other career pathways, for children and youth in
local and State institutions for neglected and delinquent
juveniles. This language encourages transition plans and
academic assessments for students upon entry into a
correctional facility and consultation between facilities and
local educational agencies upon release to ensure the students'
continued success. Where applicable, these programs should be
implemented to reduce the need for remediation and increase
coordination with Indian tribes and the Bureau of Indian
Education.
General Provisions
The committee notes that the number of Federal regulations
with which States and LEAs must comply has grown over the last
three decades. The committee intends for the Department of
Education to examine the impact, including costs, burdens, and
benefits of regulations before issuing them, as well as to
gather ample stakeholder input, including individuals such as
Federal, State, and local administrators, parents, teachers,
principals, school leaders, and charter school leaders.
The committee bill alters the regulatory process for some
title I provisions in the case in which consensus around the
regulations from a negotiated rulemaking process is not
reached, including regulations for State standards, State
assessments, the State accountability system, school
intervention and support, and ``supplement, not supplant''
requirements. In these cases, the Secretary must do an analysis
of the justified need for regulation, the anticipated burden,
including time, cost, and paperwork burden to implement the
regulation, any anticipated benefits, any regulations to be
repealed when new regulations go into place, and provide
opportunity to comment. The intent is that the Secretary will
thoughtfully gather feedback and consider impact before issuing
new regulations.
title ii: high quality teachers, principals, and other school leaders
Title II of the ECAA restructures and amends Title II of
ESEA to address the following major issues:
Fund for the Improvement of Teaching and Learning
The committee bill replaces the existing Teacher and
Principal Training and Recruiting Fund included in part A of
title II with a new Fund for the Improvement of Teaching and
Learning to provide more flexibility to States and LEAs in
supporting teachers, principals, and other school leaders. The
bill provides resources to States and school districts to
implement various activities to support teachers, principals,
and other educators, including allowable uses of funds for high
quality induction programs for new teachers, ongoing
professional development opportunities, and programs to recruit
new educators to the profession.
The bill shifts away from emphasizing teacher
qualifications as a proxy for teacher quality and, rather,
focuses on providing States and local school districts with the
flexibility to improve the effectiveness of teachers,
principals, and other school leaders based on their local
needs. The bill further provides States and local school
districts with maximum flexibility to use funding to support
activities that improve the quality and effectiveness of
teachers, principals, and other school leaders, including
activities that will increase the supply of and ensure that
low-income and minority students have access to effective
educators.
Teacher and Principal Evaluations
The committee bill empowers, but does not require, States
and LEAs to develop their own teacher and principal evaluation
systems. The committee recognizes the importance of fair and
accurate ways to evaluate and support teachers, principals, and
other school leaders. Research suggests that well-designed
evaluation systems could have a direct and lasting effect on
individual teacher performance and student academic
achievement. However, there is significant disagreement about
what constitutes a well-designed evaluation system and,
furthermore, how such systems should be used by States, school
districts, and schools to inform classroom practice and
personnel decisions. Dr. Dan Goldhaber's testimony to the
committee on January 27, 2015 observed that,
``[t]he country is in the midst of a large experiment
in reforming the way educators are evaluated. Since
2009, 49 States and the District of Columbia have
changed their evaluation systems, and in many cases
these changes are being fully implemented only now.''
Furthermore, as the former Institute of Education Science
Director Grover Whitehurst commented in a 2012 New York Times
article, ``[t]here's a lot we don't know about how to evaluate
teachers reliably and how to use that information to improve
instruction and learning.'' The appropriate role of the Federal
Government should be to leave decisions about how to design and
implement fair and accurate ways to evaluate and support
teachers, principals, and other school leaders to States and
local school districts.
The bill explicitly permits, but does not require, States
and districts to use funding under part A to develop, improve,
or provide assistance to LEAs to support the design and
implementation of teacher, principal, and other school leader
evaluation and support systems. If States use funding for these
purposes, evaluation and support systems must meet minimal
requirements, including they must be partly based on evidence
of student academic achievement, which may include student
growth. While evaluations must be based on student academic
achievement, it is up to States to decide how student
achievement will be measured, including whether standardized
test scores are included. Evaluation systems funded by title II
must also use multiple measures of educator performance as
determined by the States, and provide clear, timely, and useful
feedback to teachers, principals, and other school leaders.
In order to maintain State and local control of the
development or implementation of teacher, principal, or other
school leader evaluation systems, the bill prohibits the
Secretary or any other officer or employee of the Federal
Government from mandating, directing, or controlling the
development, improvement, or implementation of elements of
these evaluation systems, specific definitions of teacher,
principal, or other school leader effectiveness, or
professional standards, certifications, or licensing
requirements in States or LEAs.
Formula Grants to States
The committee bill changes the formula for how allotments
to States under part A are determined under current law. Under
NCLB, each State's allocation is based 65 percent on poverty
levels and 35 percent based on student population. The law also
includes a hold-harmless provision to ensure that no State's
annual allocation will be less than it received in fiscal year
2001 under the former Eisenhower Professional Development and
Class-Size Reduction programs, the year before the law was
enacted. Only funding in excess of the hold-harmless amount is
distributed to States based on the 65-35 formula. This hold
harmless provision is based on student population counts from
2001 and allocates funding without accounting for where
students may live now.
The committee bill updates the funding formula under part
A. The bill re-adjusts State allocations to be based 80 percent
on poverty levels and 20 percent based on student population
with the purpose of ensuring that funding is allocated more
substantially to States with larger populations of low-income
students. Furthermore, the bill removes the hold-harmless
provision under current law and replaces it with a 7-year ramp-
down of the provision, in order to minimize the immediate
impact of the loss of funding due to the removal of the hold
harmless on States. By fiscal year 2022, all of the title II
funds will be distributed based on the new formula--80 percent
based on poverty levels and 20 percent based on student
population.
The committee bill maintains the flexibility provided in
current law to States in setting-aside up to 5 percent of
funding under part A for a variety of activities related to
teachers, principals, and other school leaders. The bill
provides an expanded list of allowable programs or activities
that States may choose to use funds in support of, as well as
other activities that the State identifies that are evidence-
based and meet the purposes of part A. The committee intends
the allowable activities included in the bill to be
illustrative, rather than exhaustive, with the goal of
providing States with maximum flexibility to determine how to
prioritize and dedicate resources. While the bill highlights
teacher, principal, and school leader residency programs
throughout title II, the committee does not intend to prohibit
already certified, licensed, or practicing teachers,
principals, or other school leaders from entering into those
programs.
Extensive research shows that school leadership is second
only to teacher quality among school-related factors that
influence student achievement. While teacher quality has the
greatest impact on achievement, principal quality determines
whether schools can attract and retain effective teachers.
Historically, States and LEAs have used very little of their
title II, part A, funds to support the professional development
or training of principals. The committee bill contains an
optional 3 percent set-aside within part A for States to
dedicate toward activities related to principals and other
school leaders. States may reserve an additional 3 percent of
funding allocated under part A from the amount otherwise
reserved for sub-grants to LEAs, so long as this reservation
would not result in a reduction in the amount of funding that
LEAs received during the previous year. States may use this
funding on any State activities described in this section that
are specifically focused on principals and other school
leaders. States should prioritize and use funds under this
optional set-aside for recruiting, preparing, developing,
supporting, and retaining principals and other school leaders.
Given a principal's critical role in improving teacher
effectiveness and increasing student achievement, State
investments in principals and other school leaders are an
efficient means to promote and sustain school improvement.
The bill also includes a new requirement that States must
consult with educators, community partners, and other
organizations or partners with relevant and demonstrated
expertise in programs and activities designed to increase the
quality of, and student access to, effective teachers,
principals, and other school leaders.
Subgrants to LEAs
The committee bill makes important changes intended to
provide LEAs with significant flexibility in how title II
funding is used to meet local needs, while also strengthening
the process by which LEAs make those determinations. The
committee recognizes that title II funding is often spent by
local school districts on activities that are not supported by
evidence and are unlikely to improve student achievement. The
Federal Government can play an important role in ensuring
taxpayer dollars are spent effectively and efficiently. But the
Federal Government should not impose overly prescriptive
requirements that limit the ability of local school districts
to invest in innovative approaches that meet the distinct needs
of their students and communities. The committee bill enables
LEAs to make meaningful and thoughtful decisions about how to
spend limited resources and are consulting with relevant local
stakeholders, while also not dictating what those ultimate
decisions should be. The bill requires an increased focus on
low-performing schools in title II by directing local
educational agencies to prioritize funds to schools that have
been identified as low performing or have high percentages of
low-income students. ECAA also requires LEAs that have a
significant number of low-performing schools to seek the input
of their States when implementing title II activities.
The bill seeks to improve the quality and usefulness of the
needs assessments that LEAs are required to conduct under
current law, which are intended to direct resources toward the
schools that have the most acute needs. The bill expands the
list of factors that LEAs are required to consider in their
needs assessment, while also allowing LEAs to include any other
evidence-based factors that they determine are appropriate to
address the needs of local schools. LEAs must consult with a
variety of educators, educator organizations, parents, and
other partners with relevant and demonstrated expertise during
the development of the LEA needs assessment, as well as on an
ongoing basis, in order to help inform and improve the
implementation and coordination of LEA activities under this
part. The bill further ensures that districts implement
activities that are consistent with principals of effectiveness
based on an assessment of objective data, established and
evidence-based criteria, and meaningful and ongoing
consultation with educators, community partners, and relevant
institutions of higher education. The allowable LEA activities
included in the bill are intended by the committee to be
illustrative, rather than exhaustive, with the goal of
providing LEAs with maximum flexibility in determining how to
prioritize and dedicate funding. In recognition of the
importance of school leadership, the committee also
incorporates support for principals and other school leaders in
numerous activities toward which LEAs may direct their title
II, part A, funds. The committee also notes that there are
numerous educators in school buildings, including
paraprofessionals, also known as paraeducators, who could
benefit from professional development and opportunities to
improve their practices, and thus should be included in these
activities, if determined appropriate by the LEA.
Improving Equitable Access to Teachers
The bill clarifies that title II funds can be used to
improve equitable student access to effective teachers,
principals, and other school leaders. A State and LEA focus on
supporting equitable student access to teachers can help close
achievement gaps across the country.
Programs of National Significance
The committee bill authorizes the Secretary to set aside
not less than 40 percent of funding under section 2105 to award
competitive grants focused on supporting effective educator
development. Competitive grants may be awarded to institutions
of higher education and national non-profit organizations to
implement a variety of activities related to teacher
recruitment, selection, preparation, and professional
development and enhancement, including activities focused on
increasing the supply and quality of teachers and/or principals
from non-traditional preparation and certification routes
serving in traditionally underserved LEAs.
School Leader Recruitment and Support Programs
The committee bill authorizes the Secretary to set aside
not less than 40 percent of funding under section 2105 to award
competitive grants to States or school districts to improve the
recruitment, preparation, support, and retention of school
principals and other school leaders serving in high-need
schools. Such activities may include training specifically
focused on turning around low-achieving schools. Principals are
not only operational leaders responsible for establishing a
safe, supportive, and personalized school environment, they are
also instructional leaders that must provide ongoing coaching
and mentoring to teachers and students. As the role and
responsibilities of school leaders continues to expand, this
authority will help States directly support the needs of
principals and other school leaders so that they can be most
effective.
TITLE II, PART B: TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM
The committee bill authorizes a Teacher and School Leader
Incentive Fund, a program similar to the TIF program that was
first authorized in 2006 through title V, part D of the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act. However, the committee
makes a number of important changes to the program. The bill
maintains the core focus of the TIF program, which currently
provides grants to States and LEAs to develop, implement, or
improve performance-based compensation systems for teachers and
principals, particularly those working in high-need schools.
The bill also expands the program to allow States and LEAs to
develop, implement or improve human capital management systems
for teachers, principals, and other school leaders, especially
those in high-need schools. The bill will enable grantees to
focus more broadly on improving how LEAs implement human-
capital management decisions, while also maintaining the core
focus of the TIF program by requiring those broader uses of
funds to include a performance-based compensation system.
States and LEAs may also use funding to develop and improve
evaluation and support systems that reflect clear and fair
measures of educator performance, are based in part on student
academic achievement, and provide educators with personalized
support and feedback for improvement.
TIF, as a competitive grant program, can provide a powerful
incentive to enable States and local school districts, in
collaboration with educators, to develop and implement
innovative ways of evaluating and rewarding outstanding
teachers, principals, and other school leaders. Incentivizing
States and districts, rather than imposing a prescriptive
Federal mandate, will have a more effective and positive impact
on the long-term success of educator evaluation, support, and
compensation systems. Under the TIF program, each eligible
entity will be eligible to receive up to two grants, even if
the entity had previously received grants under the Teacher
Incentive Fund prior to the enactment of ECAA.
TITLE II, PART C: AMERICAN HISTORY AND CIVICS EDUCATION
The committee bill authorizes an American history and
civics education program. Until the 1960s, civics education was
a regular part of the high school curriculum. Since then, our
students' knowledge of the basic civic duties and history of
our Nation has been in steady decline. The 2010 National
Assessment of Educational Progress--the Nation's Report Card--
results showed that less than a quarter of 8th and 12th-grade
students scored at or above proficient in civics, while only 18
percent of 8th graders and 13 percent of 12th graders scored at
or above proficient in U.S. History.
The bill combines several programs authorized under current
law that are focused on improving the quality of American
history and civics education and instruction in elementary and
secondary schools. Section 2302 authorizes the Secretary to
award competitive grants to LEAs, in partnership with
institutions of higher education, nonprofit organizations,
libraries, or museums to promote and improve the quality of the
teaching of traditional American history as a separate subject
in our public schools. Section 2303 authorizes competitive
grants to nonprofit organizations to establish presidential and
congressional academies that will provide opportunities for
teachers of American history and civics, as well as outstanding
students of these subjects, to attend summer institutes or
seminars that will strengthen and broaden their knowledge of,
and exposure to, these subjects. Section 2304 authorizes
competitive grants to nonprofit organizations to promote
innovative and evidence-based approaches to history, civics,
and geography instruction, learning strategies, and
professional development activities for educators, particularly
those serving low-income students in underserved areas.
TITLE II, PART D: LITERACY EDUCATION FOR ALL, RESULTS
FOR THE NATION
The Literacy Education for All, Results for the Nation
(LEARN) program calls for effective, comprehensive literacy
instruction from birth through grade 12, ensuring that children
are appropriately supported at each stage in their academic
development. The committee also acknowledges that States and
school districts should thoughtfully develop and implement
plans that reflect the wide range of literacy service providers
and literacy expertise within a State, as well as the unique
needs of local communities. The bill articulates that federally
supported professional development programs must be ongoing and
include a diverse group of professionals who support children
in literacy development, including teachers, principals, other
school leaders, librarians, and specialized instructional
support personnel. Professional development should also reflect
what teachers and school leaders believe they need to be
effective, including a needs assessments and implementation of
evidence-based instruction.
TITLE II, PART E: IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT
To ensure future competitiveness in the global economy,
America requires a workforce highly skilled in science,
technology, engineering, and mathematics (STEM). The committee
bill includes a new Improving Science, Technology, Engineering,
and Math Instruction and Student Achievement program as part E
of title II. The program will support States to improve student
achievement in STEM by improving the quality and effectiveness
of classroom instruction by recruiting, training and supporting
excellent STEM teachers. It will allow States to use funds to
improve the retention of high-quality STEM teachers, such as by
establishing a statewide STEM Master Teacher Corps, improve the
integration of informal and afterschool programs that target
STEM subjects with classroom instruction, support the expansion
of opportunities for low-income students to participate in
STEM-related competitions, and close student achievement gaps
and prepare more students to be on track for post-secondary
education and the workforce without the need for post-secondary
remediation in STEM subjects.
For the purpose of this title, the committee would like to
clarify that ``STEM education'' encompasses science,
technology, engineering and mathematics, as well as other
academic subjects, such as computer science, that build on
these disciplines, are important to scientific discovery,
business and industry, and that States identify as part of the
State analysis required by section 2504(b)(1). The committee
also recognizes the importance of increasing access for
students who are members of groups underrepresented in STEM,
which includes female students, minority students, students who
are English learners, children with disabilities, and students
from low-income families.
TITLE III: LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS
AND IMMIGRANT STUDENTS
The committee recognizes that all English learners must
receive additional instructional supports in order to gain
English language proficiency and meet the same challenging
academic standards that all children are expected to meet. The
committee recognizes the difficulties that States and school
districts have experienced with operating a separate
accountability system for title III funds and seeks to empower
States to develop a more responsive and State-designed system
to meet the needs of their English learners.
ECAA amends Title III of ESEA to accomplish two important
goals: (1) better leveraging of funds for high-quality
professional development and additional resources for English
learners to support both their academic achievement and English
language acquisition; and (2) supporting a State-designed
system to measure and spur student progress in academic
achievement and English acquisition and monitoring the success
of English language acquisition programs.
State Requirements
ECAA requires States to adopt uniform entry procedures for
classification of a student as an English learner, including a
requirement that students be assessed for English learner
status within 30 days of enrollment, and exit procedures for
students who reach English language proficiency and are no
longer classified as English learners. The committee recognizes
that many States are already engaged in this work to help
ensure that achievement and acquisition data for English
learners is valid and reliable across LEAs within a State. The
committee expects such procedures to be developed with
meaningful input from local educational agencies representing
diverse geographic areas across the State, and take into
account the practices of successful programs across the State.
The committee also recognizes that LEAs may exercise discretion
in continuing to provide services to students who are no longer
classified as English learners, particularly when it comes to
students in dual language immersion programs or students who
may continue to need language support.
The committee encourages the Department of Education to
consider ways in which it can support LEAs that wish to utilize
title III funds for students enrolled in Dual Language
Immersion programs, such as by reducing bureaucratic burdens
for them.
Timelines and Goals
The committee recognizes that developing English language
proficiency and mastering academic content knowledge are
inextricably tied. While the bill eliminates requirements to
develop annual measurable objectives and assess progress
against such objectives, States will be responsible for setting
goals for the percentage of students who are on track to reach
full English proficiency based on a State-determined timeline.
Such timelines will be based on the number of years that a
State determines is appropriate to move a student from the
lowest level of English proficiency to full proficiency. Goal
setting is to be based on the student's initial proficiency
level, and may also take into account the student's grade level
and number of years he or she has been enrolled in a language
acquisition program.
LEAs will determine the percentage of students who are on
track to reach full English proficiency based on State-
determined timelines, as well as the percentage of students who
are meeting annual goals for progress on academic content exams
in English language arts and mathematics. States will monitor
LEAs and identify those LEAs that are not meeting or exceeding
the State-determined goal. States will then take steps to
assist school districts if strategies employed to improve
English language proficiency are not effective. Such steps may
include providing technical assistance and assisting to modify
strategies to improve program effectiveness.
Reporting Requirements
The committee recognizes that not all English learners have
the same instructional needs. In particular, long-term English
learners and English learners who are also a student with a
disability face particular challenges and may need additional
or different supports. In addition to measuring the percentage
of all English learner students meeting timelines for English
proficiency, the bill would require States to measure the
percentage of long-term English learner students and English
learners who are also a student with a disability.
Professional Development Projects
The committee bill authorizes discretionary grant funding
to institutions of higher education or public or private
entities with relevant experience and capacity, in consortia
with State or LEAs, to provide for relevant professional
development, capacity-building, or evidence-based activities in
the area of English language instruction. Authorized grants are
to be awarded on a competitive basis and are not to exceed a
period of 5 years. Such projects are to provide for
professional development and other activities that will improve
classroom instruction for English learners.
title iv: safe and healthy students
Title IV of the ECAA restructures and amends Title IV of
ESEA to address the following major issues:
Grants to States and Local Educational Agencies
The committee recognizes the importance of safe, supportive
environments for all students, and also nurturing the
nonacademic skills of students. These skills, based on
scientific research, are teachable and help students to
succeed.
The committee bill authorizes formula funds for grants to
States and school districts for various activities to improve
students' safety, health, well-being, and academic achievement
during and after the school day. Funds can be used to build
school district capacity to improve conditions for learning,
promote safe and drug-free environments, prevent and reduce
harassment and bullying, and strengthen parent and community
engagement.
States can use funds for activities related to training,
technical assistance, and capacity building for school
districts and must publically report on how funds are being
used. States may also use funds to expand access and
coordination of school-based counseling and mental health
programs, activities and programs that offer a variety of well-
rounded educational experiences to students, and other
activities that foster a safe and healthy environment for
students. States will provide an assurance that they will
review existing resources and programs related to student
safety and well-being, coordinate any new plans and resources
with existing State activities, and describe how they will use
funds for the State-level activities.
School districts are eligible to receive a subgrant from
the State as a single school district or as part of a
consortium of school districts and may also partner with
nonprofit organizations with a demonstrated track-record of
success in implementing activities under this part. To receive
funding a school district must conduct a needs assessment
through consultation with various stakeholders. The needs
assessment takes into account school level measures of school
quality, climate, safety, and discipline. Additional risk
factors in the community, school, and family are also
considered, and funding must be prioritized among the schools
with the greatest need. School districts will use funds to
foster safe, healthy, supportive and drug-free environments
that support academic achievement. These activities may include
drug and violence prevention activities, programs that support
extended learning opportunities, school-based mental health
services and supports, including programs that train school
personnel to identify the warning signs of youth drug abuse and
suicide, mentoring programs, guidance counseling,
implementation of positive behavioral interventions and
supports, programs or activities such as nutritional education,
physical education, or physical activity and fitness programs,
programs or activities designed to increase school safety and
improve school climate, programs to support a well-rounded
education, and other activities that are identified by the
school district through their needs assessment.
The committee bill requires compliance with proper privacy
laws. No funds in this part may be used for construction,
medical services or drug treatment or rehabilitation, except
for integrated student supports or referral to treatment for
impacted students, which may include students who are victims
of, or witnesses to, crime or who illegally use drugs. There is
also a prohibition on mandatory medication consistent with the
Controlled Substances Act.
Other Title IV Programs
21st Century Community Learning Centers
The committee bill reflects broad bipartisan support for
several programs within the ECAA. The committee recognizes that
the 21st Century Community Learning Center (21st CCLC)
initiative is the only dedicated Federal funding source
authorized specifically to support before-school, afterschool,
and summer learning programs for students attending high-
poverty, low-performing schools. Data demonstrates that high
quality afterschool programs have a positive impact on a number
of measures of student academic achievement, in-school behavior
and discipline, homework completion, and out-of-school risky
behaviors, and that they allow parents to remain productive at
work without worry about their children's safety.
The committee unanimously supported an amendment by
Senators Murkowski, Franken, Sanders, Cassidy, Collins,
Baldwin, and Warren to reauthorize and strengthen the 21st CCLC
program in order to support academic and enrichment activities
that are aligned with challenging State academic standards and
to increase student achievement and enhance student engagement.
The amendment requires States to award 21st CCLC funds to
eligible entities for community learning centers that provide
before-school, afterschool and summer learning programs. The
amendment also allows States to award grants to support those
enrichment and engaging academic activities described in
section 4205(a) that an eligible entity delivers as part of an
expanded learning program that meets certain requirements, and
that portion of the salaries of teachers and other
instructional staff who provide such activities. In order to be
eligible, an expanded learning program must add at least 300
program hours before, during or after the traditional school
day, week, or year, supplement but not supplant the traditional
school day, week, or year requirements or activities that the
school would otherwise provide in the absence of the 21st CCLC
funds, and meet the requirements of section 4204(i). The
committee further advises that 21st CCLC funds may not be used
to pay costs associated with any other activities described in
section 9101(22). These changes will ensure 21st CCLC funds
will provide enriching, high-quality care to students during
the hours when parents are at work and students would otherwise
be unsupervised.
Elementary and Secondary School Counseling
The committee also approved the inclusion of an amendment
offered by Senator Franken to reauthorize the Elementary and
Secondary School Counseling Program (ESSCP). This program is
critically important to thousands of students, allowing
districts to hire school counselors, school psychologists,
school social workers, and other school-based mental health
service providers to help students deal with academic,
nonacademic, and behavioral challenges, and college planning
and career development, putting them on a path to a more
successful future. The ESSCP has served tens of thousands of
students nationwide since it began as a demonstration program
in 1999. Students need access to support services and the
professionals that help remove barriers to learning.
Physical Education
The committee recognizes the important role physical
education plays in a student's school day and that lessons
provided through physical education can help enhance a
student's physical and mental health, as well as their academic
achievement. The committee approved the inclusion of an
amendment offered by Senator Baldwin to reauthorize the
Physical Education Program (PEP), a dedicated funding stream
for physical education. PEP enables schools and community
organizations to initiate, expand, and improve school physical
education.
For over a decade, PEP has enabled schools to create
innovative physical education and nutrition programs and train
teachers in an effective manner. PEP requires schools to focus
on the sustainability of these programs and to ensure that the
entire school community is benefiting. The intention of the
committee is that funds allocated for physical education
programs include innovative best practices that can be shared
with other schools, districts, and States.
School Emergency Response to Violence
The committee also approved inclusion of an amendment by
Ranking Member Murray to authorize Project SERV (School
Emergency Response to Violence program). The Nation's schools
must increasingly respond to a number of emergency situations,
including school shootings, natural disasters, and other
violent and traumatic events. After these events, schools often
incur additional costs to provide supports for their students
and communities, including additional staff time,
transportation costs, counseling services, and crisis-response
training. The committee recognizes the need to provide support
for these schools in which the learning environment has been
disrupted.
title v: empowering parents and expanding opportunity through
innovation
Title V of the ECAA focuses on innovation and parental
choice. This title includes important changes and updates to
programs relating to public charter schools, as well as minor
updates to the Magnet School Program. The bill also includes
dedicated funding for member priorities, including funding for
education technology, innovation, accelerated learning
programs, gifted and talented programs, Ready-To-Learn
Television, literacy and arts programs, and early learning
alignment and improvement grants.
Public Charter Schools
Part A of title V of the ECAA authorizes the Federal
Charter Schools Program by improving charter school
authorizing, quality, and access. This bill is reflective of
the Empowering Parents through Quality Charter Schools Act, a
bill that has received bipartisan support in the Senate. In
addition, its similar House companion, the Success and
Opportunity through Quality Charter Schools Act passed the
House of Representatives with overwhelming support from both
Democrats and Republicans.
High-quality charter schools offer parents important
choices for avenues through which they can improve their
children's future. In addition, the charter model affords
greater autonomy for teachers and principals to design an
instructional program that meets the needs of their students.
In the 2014-15 school year, nearly 3 million children are
attending more than 6,700 public charter schools in 43 States
and the District of Columbia. The ECAA solidifies Federal
support for high-quality charter schools with a proven record
of success and improves access for traditionally underserved
populations, while giving States flexibility to invest in new
school models and encouraging them to strengthen charter school
authorizing practices.
On promoting stronger authorizer quality and practices in
particular, this bill includes a provision that reserves 7
percent of each State grant to support initiatives to improve
authorizing practices. State grantees should support
authorizers in developing capacity for and conducting fiscal
oversight and auditing of charter schools and ensuring that
charter schools are recruiting, enrolling, retaining, and
meeting the needs of all students, including each of the
categories of students as defined in the bill. Additionally,
the bill requires State grantees to describe how they will
provide oversight of authorizer activities in their
application. The committee intends the requirement to describe
such oversight activities will not inhibit participation in the
program by States with legal, constitutional, or structural
barriers that constrain the State's authority over the
authorized public chartering agency or the type or number of
authorized public chartering agencies. Additionally, oversight
of authorizing activity must not abolish all public chartering
agencies in a given State. The committee bill ensures that
authorizers have the flexibility they need to ensure charter
schools meet their expectations and still operate in an
autonomous manner to meet the goals of the school. Furthermore,
the bill references three categories of performance measures
several times when addressing a quality charter school sector
and authorizing practices: academic, financial, and
operational. In this context, operational performance measures
are intended to focus on the charter school's fulfillment of:
legal obligations, fiduciary duties, and sound public
stewardship.
In modernizing the program, ECAA combines two existing
programs into one cohesive Charter Schools Program consisting
of three grant competitions: High-Quality Charter Schools,
Facilities Financing Assistance, and Replication and Expansion
Grants.
The committee provides High-Quality Charter School grants
to State entities to start new charter schools and to replicate
or expand high-quality charter schools. The bill also offers
more flexibility to charter school developers to fund startup
costs associated with developing facilities, hiring and
preparing teachers, and providing transportation. Continued
support for financing charter school facilities occurs through
Facilities Financing Assistance grants, which include grants to
public or private nonprofit entities to demonstrate innovative
methods of enhancing credit to finance the acquisition,
construction, or renovation of facilities for charter schools.
These grants will encourage States to ensure their charter
schools are able to access suitable facilities. Additionally,
following the efforts of the Appropriations committee to
support a reservation for replication and expansion of high-
quality charter school models, ECAA provides grants directly to
charter management organizations under National Activities for
the purposes of replicating and expanding models with a
demonstrated record of success, including by meeting a rigorous
definition of quality.
ECAA includes provisions to ensure greater compliance with
the Federal definition of a charter school. Instances of
subgrants awarded to schools that do not continue operating as
a charter school or revert to district control after their
grant ends threatens the integrity of the program. These new
application requirements will ensure that State entities
demonstrate how they will safeguard against making awards to
proposed schools without true autonomy over personnel, budget
and operations, and other characteristics that are required
through the Federal definition of a charter school.
Finally, the Charter School Program must focus not only on
increasing the number of charter schools available, but also on
increasing the number of quality education options for parents.
ECAA provides additional tools to assist charter schools in
reaching all students who may benefit from the opening or
expansion of new charter schools. In particular, this
legislation includes provisions to help grantees reach out to
charter school developers and school leaders to recruit
traditionally underserved students, including students with
disabilities and English language learners, promote inclusion,
and meet the needs of those students. States must also describe
how they will ensure effective community engagement in the
implementation and operation of charter schools.
High-quality, transparent, accountable charter schools that
meet the needs of local communities are an important part of
the educational ecosystem. By sharing best practices and
collaborating with traditional public schools, high-quality
charter schools can help to improve the academic achievement of
all students. The committee bill makes needed improvements to
emphasize charter school quality, accountability, and equity.
Magnet Schools Assistance
Part B of title V of the ECAA reauthorizes the Magnet
School Program (MSP), which offers students unique
opportunities to attend specialized schools with rigorous
curricula. ECAA updates MSP to reward magnet school models with
a proven track record of success and support evidence-based
magnet school programs, including inter-district and regional
magnet programs. The bill also requires magnet school programs
to assess, monitor, and evaluate the impact of the activities
to improve socioeconomic and racial integration and student
achievement. The committee recognizes that magnet school
programs may need to utilize MSP funding to provide
transportation for students during the initial years of a
magnet program, but expects that magnet school programs will
have a plan for ensuring that funding for transportation is
sustainable beyond the grant period. Finally, the bill also
makes adjustments to the grant cycle to a 3-year grant period,
while allowing for opportunities to apply for a 2-year
extension further to reflect the time necessary to startup a
successful magnet school program.
Other Title V Programs
The committee bill recognizes the importance of dedicated
funding for several programs related to member priorities. The
rest of title V includes funds for seven programs, including:
Supporting High-Ability Learners and Learning
Education Innovation and Research
Accelerated Learning
Ready to Learn Television
Education Technology
Literacy and Arts Education
Early Learning Alignment and Improvement Grants
Supporting High-Ability Learners and Research
The committee recognizes the importance of closing
achievement gaps between student populations, including the
gaps at the top of the achievement spectrum. The committee bill
seeks to build State and school district capacity to close
those gaps by addressing the learning needs of students with
high ability from populations that are underrepresented in
gifted education programs and in other advanced learning
opportunities, including economically disadvantaged students,
English learners, and students with disabilities. Understanding
the link between high quality research activities and best
classroom practices, ECAA reauthorizes the Jacob K. Javits
Gifted and Talented Students Education Program, through which
coordinated demonstration projects, innovative strategies, and
other evidence-based programs, can assists schools in
identifying and serving high-ability students who may not be
identified as gifted through traditional assessment methods.
Innovation Fund
This amendment would create a dedicated funding stream to
support the development, implementation, replication, and
scaling up of evidence-based practices that encourage
innovations in policy and practice. This grant would provide
flexible funding for a broad range of field-driven projects and
allow schools, districts, non-profits, and small businesses to
develop proposals based on the specific needs of students and
the community. Grants would be awarded based on past success,
with funding levels tied to the strength of the evidence the
applicant is able to present of their program's effectiveness.
Accelerated Learning
The committee adopted an amendment to maintain support for
accelerated learning programs which include Advanced Placement
(AP) and International Baccalaureate (IB) courses, dual
enrollment programs, and early college high schools in order to
better provide low-income students with access to rigorous
coursework that can ultimately lead to college credit.
The bill updates current law program provisions to
authorize State educational agencies to use grant funds to
reimburse low-
income students to cover part or all of the costs of
accelerated learning examinations that are widely accepted for
credit at institutions of higher education and provide
resources to increase the number of teachers and students in
high-need schools to participate in accelerated learning
courses, dual enrollment programs, and early college high
school courses.
Ready to Learn Television
The committee reauthorizes the Ready to Learn program in
order to leverage the power and reach of public television to
help prepare children, especially disadvantaged children, to
enter school. Ready To Learn grants shall be made available
only to public telecommunications entities with a demonstrated
track record in high-quality educational television production,
distribution at the national and local levels, and in
increasing early learning skills for preschool and/or
elementary school-aged children, especially in literacy, math,
and/or science. The committee urges the Department of Education
to work with local and national public television entities to
ensure that Ready To Learn content has the broadest reach and
continues to provide the greatest positive educational impact
for our Nation's children.
Innovative Technology Expands Children's Horizon (I-TECH)
The bill includes a program to increase student learning by
ensuring that students have access to a personalized learning
experience supported through technology, and that educators
have the knowledge and skills to use technology effectively.
The committee intends for grants to be provided by formula,
however, should appropriations for the I-TECH program be below
$300 million in a fiscal year, State educational agencies will
award grants to districts on a competitive basis.
Literacy and Arts
Title V, Part C of the Every Child Achieves Act of 2015,
continues activities currently implemented through the
Innovative Approaches to Literacy program that support national
nonprofit organizations or school libraries in providing books
and childhood literacy activities to children and families
living in high-need communities. These programs will continue
support for developing and enhancing effective school library
programs, including professional development for school
librarians and providing books and up-to-date materials. The
committee expects that funds will be used to assist school
libraries in increasing access to a wide range of print and
electronic resources that provide learning opportunities to all
students, but particularly those less likely to have access to
such materials at home in a similar fashion to how the program
is currently operating. ECAA also authorizes competitive
funding to be used for promoting arts education for
disadvantaged students and students who are children with
disabilities. Activities may include professional development,
development and dissemination of resources, and community and
national outreach.
Early Learning Alignment and Improvement Grants
The committee bill authorizes Early Learning Alignment and
Improvement grants to provide funding for States that propose
to improve coordination, quality, and access for early
childhood education. These grants will assist States and local
areas to target fragmentation and overlap across the various
Federal, State, and local early childhood programs, and address
substantial gaps in access to high-quality early learning and
care that exist across States. States will apply for a 3-year,
non-renewable grant and provide matching funds that support
sustainable improvements and better coordination to focus on
resources to low- and moderate-
income families. The bill also includes a setaside for States
that propose to use program funds to serve underserved rural
areas, which often lack high-quality early education programs,
to ensure that funds are prioritized and available for rural
areas that are often overlooked in the competitive grant
process. The committee expects that States eligible under this
setaside will use the large majority of funds to serve children
living in rural areas.
The committee understands the need for increased
coordination across the various Federal, State, and local early
childhood programs, and recognizes that funds may also be used
for expanding access to existing quality early childhood
education programs, and the development of such programs if no
high-quality programs exist in the area. The committee intends
that these grants will help States build on the work already
undertaken to strengthen and build capacity in State and local
systems by addressing incongruous programming and resources and
improving program quality. The committee also calls attention
to the availability of funds to support high-quality early
learning and care for infants and toddlers. The bill includes a
prohibition for this program on a Federal definition for what
constitutes a high-quality program.
TITLE VI: INNOVATION AND FLEXIBILITY
Improving Academic Achievement
The committee bill allows for the complete transferability
of funds between part A of title II and title IV, and into
title I for the supplemental education of low-income students.
This flexibility is essential to ensuring that States and local
communities have the Federal resources that they need to best
equip their educators and schools for ensuring that every child
is achieving to their maximum potential. Under ESEA waivers,
many school districts are taking advantage of the flexibility
that transferability provides in order to better serve
students.
Rural Education Initiative
The committee acknowledges that rural communities continue
to face unique challenges, including those related to resources
and staffing. ECAA reauthorizes both the Small, Rural School
Achievement Program (SRSA) and the Rural and Low-Income School
Program (RLIS).
ECAA updates the locale codes that designate rural areas to
ensure that the most accurate information is available in
deciding eligibility for rural education programs. Since the
2000 Decennial Census, improvements have been made to the
geocoding technology necessary to more accurately determine
which areas are rural and which areas are urban based upon
proximity to metropolitan areas, rather than on population
figures alone. Technological advancements as well as further
work in accurately determining rural areas of the country by
the Office of Management and Budget (OMB) provides greater
confidence to the committee that rural education program funds
will be better targeted and focused on truly rural areas, far
from urban and metropolitan fringes. The committee acknowledges
this shift in methodology will have an impact on grant
recipients and includes hold harmless language for districts
that were previously eligible for funding under this part. If a
district is no longer eligible for funding due to the updated
locale codes, but was previously eligible prior to the
enactment of this bill, for fiscal year 2016, they will receive
75 percent of the amount they received in fiscal year 2015, for
fiscal year 2017, 50 percent of such funds, and for fiscal year
2018, 25 percent of such funds.
Further, the bill provides flexibility for school districts
that qualify both for the RLIS and SRSA programs by giving
school districts the option of choosing the program for which
they would prefer to receive funding.
title vii: indian, native hawaiian, and alaska native education
Title VII of the committee bill makes changes to Title VII
of ESEA that are designed to better focus the use of funds on
programs and activities that meet the unique cultural,
language, and educational needs of American Indian students to
ensure that such students graduate from high school prepared
for post-secondary education or the workforce without the need
for post-secondary remediation. Key reforms included in the
ECAA include additional flexibility to enable tribes and tribal
educational agencies more authority over the education and
development of Native students; improved collaboration between
tribes and school districts; a focus on the provision of high
quality early childhood education and care services to ensure
that children begin school ready to learn and recognition of
the critical role tribal leaders can play in the education and
development of Native students.
Indian Education
The committee bill authorizes grants to tribes and tribal
educational agencies to promote the coordination and
collaboration of tribal education agencies with States and LEAs
to promote tribal self-determination in education. The goal of
these grants funds are to enable tribes and tribal educational
agencies to directly administer education programs, including
formula grant programs under this Act with the cooperation and
collaboration of State educational agencies and LEAs. The bill
also authorizes a grant program to support the preservation and
revitalization of Native American and Alaska Native languages.
This grant program will support Native American and Alaska
Native language immersion schools and programs, acknowledging
the role that these programs can have in supporting the
academic achievement. Funds shall be used to support Native
American or Alaska Native language development, provide
professional development for teachers, and to carry out other
activities that will support the revitalization of Native
American and Alaska Native languages.
Native Hawaiian Education
The committee bill makes improvements to part B of Title
VII of ESEA that are designed to improve the educational
attainment and accomplishments of the Native Hawaiian
community. The committee bill focuses on enhancing transparency
and strengthening the Native Hawaiian Education Council's
efforts to address the education and workforce needs of Native
Hawaiian students. This is accomplished by redesigning the
composition of the Native Hawaiian Education Council, and
reaffirming its purpose to ensure the proper coordination of
educational and related services and programs available for
these students. It is the intent of the committee that Council
members will include island community representatives with
diverse education sector expertise.
Alaska Native Education
The committee adopted a comprehensive amendment to
restructure part C. Under this amendment, Alaska Native tribes,
tribal organizations, and regional nonprofit corporations that
have experience in providing programs and services that meet
the purposes of part C, and such entities without such
experience in partnership with LEAs, will be eligible to apply
for a part C grant. This change is intended to maximize the
leadership role of Alaska Native educators and leaders in the
delivery of part C supplemental educational services to Alaska
Native students. The committee also eliminated the earmarks
built into the statute and updated the authorized activities to
reflect the current and future needs of Alaska Native children,
youth, and adults.
The committee intends that in verifying which specific
entities are eligible under part C definitions described under
section 7306, the Department will look to the most current list
of Alaska Native federally recognized tribes as published in
the Federal Register pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) and,
in verifying which specific entities are described pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) that the Department will look to the list of Alaska
Native Corporations and Regional Nonprofit Corporations
published by the Alaska Federation of Natives at http://
www.nativefederation.org/resources/regional-organizations.
The committee did not choose to limit eligibility in
section 7304(a)(1)(C), to entities whose entire governing board
is comprised of Alaska Native leaders, nor to set a specific
percentage of such leaders that must be met. The committee does
intend, however, that the Department will interpret the word
``predominantly'' in the spirit of the Findings and Purposes of
this part, specifically sections 7302(6) and section 7303(6) to
ensure that any eligible applicant is, in fact, led by a
significant majority of Alaska Natives.
title viii: impact aid
Title VIII of the ECAA makes significant changes to the
Impact Aid program under current law to address the following
major issues:
Payments Relating to Federal Acquisition of Real Property
The committee removed the complicated ``highest and best
uses'' standard for identifying and then calculating the tax
assessment classifications of taxable adjacent property. In
exchange, the committee supports a simplified calculation based
on the total taxable value of property within the LEA by then
multiplying that value by the federally impacted acreage.
Payments for Eligible Federally Connected Children
The committee recognizes the burden on both the LEA and the
Department of Education in determining the number of children
relocated off-base during the duration of a housing renovation,
repair, modernization, or demolition project. The ECAA
establishes a hold harmless student count based on the number
of on-base children enrolled prior to the project start date.
In addition, the ECAA defines what is considered a renovation,
repair, and/or modernization project. Such terms do not include
normal ``sustainment projects'' such as painting, carpeting or
minor repairs. An eligible project must also be one that will
last more than 30 days. It is the intent of the committee to
lessen the time the Department currently spends conducting
annual audits of students claimed as on-base students. The
committee also included language to support the transition of
consolidated LEAs related to their eligibility for the Impact
Aid program.
The committee bill addresses a pro-ratio problem with the
Learning Opportunity Threshold (LOT) formula. It ensures that
LOT formula dollars are equally prorated to school districts
when funds are either less than required to fully fund the LOT
formula as well as when funds are sufficient to increase the
LOT percentage allocation above 100 percent. This change will
ensure that all districts are treated equitably within the LOT
distribution formula.
In addition, the committee language updates the hold
harmless provision under section 8003 of current law to ensure
funding stability for districts that face a reduction in
payments due to drops in student numbers as the result of base
realignments, deployments, potential base closure, school
consolidations or other unexpected local actions causing a drop
in eligible federally connected students.
Authorization of Appropriations
The committee bill adds language within section 8010 of
current law requiring the Secretary of Education to pay LEAs
the full amount that the agency is eligible to receive for a
fiscal year by September 30 of the following fiscal year for
which the payment is based. Many of these changes were made in
the fiscal year 2013 and fiscal year 2015 National Defense
Authorization Act, but with a sunset.
TITLE IX: GENERAL PROVISIONS
Title IX of the ECAA amends title IX of current law to
address the following major issues:
Definitions
The committee bill updates important definitions under the
ESEA.
Graduation Rates: ECAA codifies the terms ``4-year adjusted
cohort graduation rate'' and ``extended-year adjusted cohort
graduation rate,'' as defined in the 2008 regulation from the
Department of Education. States would be required to use the 4-
year rate for accountability and reporting purposes, and
allowed to use the extended year rate. In 2005, all 50 of the
Nation's Governors agreed to a common definition for
calculating high school graduation rates.
Core Academic Subjects: ECAA expands the current law
definition of core academic subjects to also include writing,
engineering, computer science, music, physical education, and
any other subject determined by the State or school district.
For the purposes of this definition, the term ``arts'' may
include the subjects of dance, media arts, music, theatre and
visual arts, and other arts disciplines as determined by the
State or local educational agency.
Early Childhood Education Program: ECAA uses the Higher
Education Act definition for this term to standardize it across
Federal education laws.
Evidence-Based: ECAA includes a definition of evidence-
based that contains 4 tiers of evidence. This means an activity
must demonstrate a:
statistically significant effect on outcomes based
on: (1) strong evidence; (2) moderate evidence; or (3)
promising evidence; and
(4) rationale that is based on high-quality
research findings that such activity is likely to improve
student outcomes and includes ongoing efforts to examine the
effects of such activity.
All activities under part A of title I of the ECAA must
meet the strong or moderate evidence base. The committee
intends to ensure that activities are based on the highest
available level of evidence, starting with rigorous, well-
designed studies or building evidence on effectiveness if no
such evidence is available.
Professional Development: ECAA updates this definition to
focus more on providing high-quality, sustained, intensive,
collaborative, job-embedded, data-driven, and classroom-focused
professional development to teachers that is not 1-day or
short-term workshops or conferences. This will help ensure
professional development focuses on supporting teachers in
addressing the actual needs of their classroom students. The
committee does not intend to disrupt on-going educator
preparation work and professional development offered at
institutions of higher education or other public or private
entities.
Paraprofessional: ECCA includes a definition of
paraprofessional to clarify that paraprofessionals are also
known as paraeducators and include education assistants and
instructional assistants.
Waivers
ECAA clarifies and limits the Secretary's authority to
issue waivers of the statutory and regulatory requirements of
ESEA. The bill clarifies that LEAs submit waiver requests
through the State, and schools submit waiver requests through
LEAs, who then submit those school waiver requests through the
State. The intent of this language is to ensure the Department
of Education cannot go around a State's authority for education
by allowing local school districts and schools to request
waivers from the law directly to the Secretary. ECAA is clear
that the Secretary may not add, impose, or require any new
conditions on States, school districts, and schools in exchange
for granting a waiver.
The committee bill maintains the authority of the Secretary
to provide waivers of certain statutory and regulatory
requirements to States and school districts affected by
unexpected and unforeseen circumstances, while prohibiting this
authority from being used to place new mandates or requirements
on States and school districts in exchange for that
flexibility. Under the bill, waiver requests will only contain
information directly related to the statute to be waived. The
entity requesting the waiver will also describe how waiving
those statutory requirements will increase the quality of
instruction for students and improve the academic achievement
of students. Additionally, the bill updates the timeline for
the approval process for the waivers to mirror the timeline for
the approval process for title I plans. The Secretary shall
approve or disapprove a waiver request not more than 90 days
after it is submitted unless the Secretary determines that the
waiver does not meet the requirements of section 9401, which
include a demonstration by the State that the waiver will
increase student achievement, or that the waiver is not
permitted under ECAA. If the Secretary finds the waiver request
does not meet the requirements for such a request, the
Secretary shall provide States with immediate notice, a
detailed reason for the determination, an opportunity to revise
and resubmit the waiver request, and an opportunity for a
public hearing.
The bill maintains authority for the Secretary to terminate
a waiver if, after providing States with notice, a
justification for determination, and an opportunity for a
hearing, the Secretary presents substantial evidence that
clearly demonstrates that the waiver is not making progress
toward improving student academic achievement, or if the waiver
is no longer necessary to achieve its original purposes.
Prohibitions
The committee bill expands prohibitions on the Federal
Government and use of Federal funds. The bill is clear that an
officer or employee of the Federal Government, through grants,
contract, or other cooperative agreements cannot mandate,
direct, control, incentivize, or make financial support
conditioned upon adoption of any specific instructional
content, standards, assessments, curriculum, or program of
instruction, including the Common Core State Standards. This
language will help address long-standing concerns that the
Federal Government became too involved pushing States to adopt
the Common Core.
State and Local Protections
The committee bill maintains and improves important
protections in current law, including Prohibition Against Funds
for Religious Worship or Instruction; Private, Religious, and
Home Schools; Prohibition Regarding State Aid; Privacy of
Assessment Results; School Prayer; Equal Access to Public
School Facilities; Prohibition on Nationwide Data base;
Prohibition on Discrimination; and Sec. 9534 Civil Rights.
Consultation with Indian Tribes and Tribal Organizations
This provision requires local educational agencies with
enrollments of American Indian and Alaska Native students above
specified thresholds to engage in meaningful and timely
consultation with representatives of local tribes or tribal
organizations during the design of services and activities
under all covered programs, as defined by the bill.
The purpose of these provisions is to better meet the
unique cultural, language, and educational needs of American
Indian and Alaska Native students. These provisions will help
to address concerns that tribal representatives, who know the
needs of their Indian children best, can provide valuable
guidance about how to best meet these needs before decisions
are made about how to best serve them and meet their needs in
the public school setting.
Rural Education
The committee acknowledges that rural districts face unique
challenges when implementing the requirements of this bill.
ECAA provides additional support and flexibility to rural
school districts by requiring the Secretary of Education to
engage in outreach to rural districts on opportunities to apply
for competitive grant programs and, if requested, to provide
technical assistance to rural districts most likely to need
support. The bill also allows for two or more rural local
educational agencies or educational service agencies to submit
a consolidated plan for funded programs, and requires State
educational agencies to consult with rural school districts
when developing their State plan in order to receive title I
funding.
Program Evaluations
The committee bill reinforces that the Institute of
Education Sciences (IES) is the main evaluation arm of the
programs operated by the Department of Education. The bill
directs the Secretary of Education to work with IES if the
Secretary chooses to exercise authority to reserve 0.5 percent
of funds from each program for an evaluation. All authority for
program evaluation is consolidated into section 9601 of the
bill. The bill also ensures that funds be prioritized for
impact program evaluations to gather useful information on if
Federal education programs are working to increase student
achievement. The bill requires IES to develop a multi-year,
comprehensive plan for carrying out evaluations, and submit
that plan to Congress and the public for review and comment.
This will help ensure program evaluations are coordinated,
objective, and provide useful information regarding the
effectiveness of Federal education initiatives.
Program Consolidation
While maintaining dedicated funding for important and
critical programs for student success, the committee bill
consolidates 49 programs under current law. The committee
intends to allow more flexibility to States and school
districts to use funding in the innovative ways that they feel
will help improve student achievement.
TITLE X: EDUCATION FOR HOMELESS CHILDEN AND YOUTHS
McKinney-Vento Homeless Assistance Act
The committee recognizes the unique challenges to academic
achievement faced by the growing population of homeless
students. In the 2012-13 school year, public schools enrolled
1,360,747 homeless children and youth--a 100 percent increase
since the 2006-7 school year. The ECAA helps these children and
youth by removing barriers to their identification, enrollment,
attendance, and success in school. The amendments build on
current law to enhance school stability and access to
educational opportunities for all homeless children, including
preschool-age homeless children. In particular, the bill
ensures that school district liaisons have the necessary time
and training to fulfill their responsibilities, and improves
provisions designed to increase school stability for homeless
students. The bill also ensures that homeless youth have access
to all services provided by the State and school districts,
including charter and magnet schools, summer school, career and
technical education, advanced courses, online learning
opportunities, enhanced credit accrual, and extra-curricular
activities.
The committee is concerned about the history of inadequate
oversight by the U.S. Department of Education of this important
Federal program, as evidenced in a recent GAO report (GAO 14-
465). The committee expects that the Department will recognize
the urgent need to improve oversight, and dedicate sufficient
time, effort, and attention to the implementation of the
amendments contained in this section, and to the oversight of
this program in general.
IV. Regulatory Impact Statement
The committee has determined that there will be minimal
increases in the regulatory burden imposed by this bill.
V. Application of Law to the Legislative Branch
The committee bill reauthorizes and amends the Elementary
and Secondary Education Act of 1965 to continue programs
primarily offering assistance to States and local educational
agencies on behalf of elementary and secondary school students
and teachers and, as such, has no application to the
legislative branch.
VI. Cost Estimate
S.1177--Every Child Achieves Act of 2015
Summary: S.1177 would amend and reauthorize the Elementary
and Secondary Education Act of 1965 (the ESEA, commonly
referred to, in its most recently reauthorized form, as No
Child Left Behind). The underlying authorizations for those
programs have expired, although most have continued to receive
appropriations.
This bill would authorize the appropriation of ``such sums
as may be necessary'' through fiscal year 2021 for various
grant programs; those authorizations would automatically be
extended 1 year, through 2022, under the General Education
Provisions Act (GEPA). The bill also would amend and
reauthorize the McKinney-Vento Homeless Assistance Act, which
authorizes grants to assist in the education of homeless
children.
CBO estimates that S.1177 would authorize the appropriation
of $23.9 billion in 2016 and $124.2 billion over the 2016-20
period. Assuming appropriation of those amounts, CBO estimates
that implementing the bill would have discretionary costs of
$92.1 billion over the 2016-20 period.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S.1177 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in millions of dollars
--------------------------------------------------------
2016 2017 2018 2019 2020 2016-20
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I--Improving the Academic Achievement of the
Disadvantaged:
Estimated Authorization Level........................ 15,918 16,201 16,530 16,859 17,204 82,712
Estimated Outlays.................................... 318 12,422 15,508 16,453 16,780 61,482
Title II--Preparing, Training, and Recruiting High-
Quality Teachers, Principals, and Other School
Leaders:
Estimated Authorization Level........................ 2,987 3,040 3,101 3,163 3,228 15,519
Estimated Outlays.................................... 60 1,793 2,721 3,073 3,134 10,780
Title III--Language Instruction for Limited English
Proficient and Immigrant Students:
Estimated Authorization Level........................ 748 762 777 793 809 3,889
Estimated Outlays.................................... 7 472 705 741 756 2,680
Title IV--Safe and Healthy Students:
Estimated Authorization Level........................ 1,563 1,591 1,623 1,656 1,689 8,122
Estimated Outlays.................................... 31 938 1,424 1,608 1,640 5,642
Title V--Empowering Parents and Expanding Opportunity
Through Innovation:
Estimated Authorization Level........................ 943 960 979 999 1,019 4,900
Estimated Outlays.................................... 19 566 859 970 989 3,404
Title VI--Flexibility and Accountability:
Estimated Authorization Level........................ 172 175 179 183 186 896
Estimated Outlays.................................... 3 103 157 177 181 622
Title VII--Indian, Native Hawaiian, and Alaska Native
Education:
Estimated Authorization Level........................ 198 201 205 209 214 1,027
Estimated Outlays.................................... 4 174 193 201 205 777
Title VIII--Impact Aid:
Estimated Authorization Level........................ 1,308 1,331 1,358 1,385 1,413 6,796
Estimated Outlays.................................... 1,163 1,214 1,351 1,380 1,408 6,515
Title IX--General Provisions:
Estimated Authorization Level........................ 1 1 1 1 1 4
Estimated Outlays.................................... * 1 1 1 1 3
Title X--Education for Homeless Children and Youths:
Estimated Authorization Level........................ 66 67 69 70 71 343
Estimated Outlays.................................... 1 40 60 68 69 238
--------------------------------------------------------
Total Changes:
Estimated Authorization Level...................... 23,904 24,328 24,823 25,317 25,835, 124,207
Estimated Outlays.................................. 1,608 17,723 22,979 24,671 25,163 92,143
----------------------------------------------------------------------------------------------------------------
Notes: Some programs have received advance appropriations for fiscal year 2016; those amounts are not reflected
in the table. Instead, the table shows the additional funding that would be authorized for 2016.
Components may not sum to totals because of rounding.
* = less than $500,000.
Basis of estimate: S.1177 would authorize the appropriation
of ``such sums as may be necessary'' for each of fiscal years
2016 to 2021 for programs in the ESEA; those authorizations
would automatically be extended 1 year, through 2022, under
GEPA. CBO based the estimate of authorization levels on funding
levels provided for fiscal year 2015 (or previous years if
funding was not provided in 2015) for the same or similar
programs administered by the Department of Education, adjusted
each year for inflation. For this estimate, CBO assumes that
the bill will be enacted before the start of fiscal year 2016,
that the estimated amounts will be appropriated for each year,
and that spending will follow historical patterns for the
affected programs. In addition, title and part headings in this
estimate refer to the ESEA as amended by S.1177.
In total, CBO estimates that S.1177 would authorize the
appropriation of $23.9 billion in fiscal year 2016 and $124.2
billion over the 2016-20 period. Assuming appropriation of the
estimated amounts, CBO estimates that implementing the
provisions of the bill would cost about $92.1 billion over the
2016-20 period and an additional $58 billion after 2020. The
Congress appropriated about $23 billion in fiscal year 2015 for
activities similar to those that would be authorized in this
bill.
Title I--Improving the Academic Achievement of the
Disadvantaged. Title I of S.1177 would amend title I of the
current ESEA and authorize grants for school districts with
high proportions of low-income students, as well as funding for
the children of migrant workers and other at-risk children. The
bill also would authorize the appropriation of funds for States
to develop and administer student assessments. CBO estimates
those authorizations would total $82.7 billion over the 2016-20
period and that implementing title I would cost $61.5 billion
over that same period, subject to appropriation of the
estimated amounts.
Specifically, the funding authorized by title I would
support programs in four new parts:
Part A, Improving Basic Programs Operated by Local
Educational Agencies. S.1177 would amend provisions governing
title I grants to local educational agencies and reauthorize
funding for those grants. The bill also would reauthorize
funding to identify and support schools in meeting State
academic standards. CBO estimates that the bill would authorize
$15.1 billion in 2016 for grants in part A; the Congress
appropriated $14.9 billion for similar activities in fiscal
year 2015. Implementing those provisions would cost $58.3
billion over the 2016-20 period, CBO estimates.
Part B, Academic Assessments. The bill would reauthorize
programs for grants to States to develop and administer
assessments of student achievement. CBO estimates that the bill
would authorize about $385 million in 2016 for those
activities; the Congress appropriated almost $380 million for
similar activities in fiscal year 2015. Implementing that
provision would cost $1.5 billion over the 2016-20 period, CBO
estimates.
Part C, Education of Migratory Children. Part C would make
changes to programs that support the education of children of
migrant workers. CBO estimates that the bill would authorize
the appropriation of $380 million in 2016 for part D; the
Congress appropriated $375 million for similar activities in
fiscal year 2015. Implementing that provision would cost $1.5
billion over the 2016-20 period, CBO estimates.
Part D, Prevention and Intervention Programs for Children
and Youth Who Are Neglected, Delinquent, or At-Risk. S.1177
would reauthorize programs that support the education of
delinquent and at-risk children. CBO estimates that this part
would authorize the appropriation of about $50 million for
fiscal year 2016 for part D; the Congress appropriated a
similar amount for at-risk children for fiscal year 2015.
Implementing that provision would cost almost $190 million over
the 2016-20 period, CBO estimates.
Title II--Preparing, Training, and Recruiting High-Quality
Teachers, Principals, and Other School Leaders. Title II would
authorize appropriations for a range of grant programs, the
largest of which would support teacher and principal training,
retention, and compensation. CBO estimates that those
authorizations would total $15.5 billion in over the 2016-20
period; implementing title II would cost $10.8 billion over
that same period, assuming appropriation of the estimated
amounts.
Specifically, the funding authorized by title II would
support programs in five new parts:
Part A, Fund for the Improvement of Teaching and Learning.
S.1177 would amend provisions for grants to improve the
effectiveness of teachers, principals, and other school staff.
CBO estimates that the bill would authorize about $2.4 billion
in 2016 for those grants; the Congress appropriated $2.3
billion for State grants to improve teacher quality under title
II of the ESEA in fiscal year 2015. Implementing that provision
would cost $8.6 billion over the 2016-20 period, CBO estimates.
Part B, Teacher and School Leader Incentive Fund. The bill
would reauthorize grants to develop, implement, expand, and
study performance-based compensation systems for teachers,
principals, and other school staff. CBO estimates that the bill
would authorize about $230 million in 2016 for those
activities; the Congress appropriated about the same amount for
the Teacher Incentive Fund in fiscal year 2015 to support
similar activities. Implementing that provision would cost
about $850 million over the 2016-20 period, CBO estimates.
Part C, American History and Civics Education. This part
would amend and reauthorize grants to improve the teaching of
American history and civics. Based on the most recent
appropriation for those programs (fiscal years 2010 and 2011),
CBO estimates that the bill would authorize the appropriation
of about $50 million in 2016. Implementing that provision would
cost about $180 million over the 2016-20 period, CBO estimates.
Part D, Literacy Education for All, Results for the Nation.
The bill would authorize grants to improve reading and literacy
instruction from early education through secondary school,
similar to activities supported by the Striving Readers
Program. CBO estimates that this part would authorize the
appropriation of about $160 million for fiscal year 2016; for
fiscal year 2015, the Congress appropriated a similar amount
for the Striving Readers Program. Implementing that provision
would cost about $590 million over the 2016-20 period, CBO
estimates.
Part E, Improving Science, Technology, Engineering, and
Mathematics Instruction and Student Achievement. Part E would
authorize a new grant program to improve academic achievement
in science, technology, engineering, and mathematics in
elementary and secondary schools. Based on the funding provided
for 2015 for the Math and Science Partnerships Program (about
$155 million), CBO estimates that the bill would authorize the
appropriation of a similar amount in 2016. Implementing that
provision would cost almost $560 million over the 2016-20
period, CBO estimates.
Title III--Language Instruction for Limited English
Proficient and Immigrant Students. Title III would modify the
programs that provide support for teaching the English language
to recent immigrants and other nonnative speakers under Title
III of the ESEA. CBO estimates that the bill would authorize
the appropriation of about $750 million in 2016 and $3.9
billion over the 2016-20 period. Assuming appropriation of the
estimated amounts, implementing this title would cost about
$2.7 billion over the same period, CBO estimates. The Congress
appropriated roughly $740 million for similar activities in
fiscal year 2015.
Title IV--Safe and Healthy Students. Title IV of S.1177
would authorize grants to improve students' safety, physical
and mental well-being, and academic achievement after the
school day. CBO estimates that authorizations in that title
would total $8.1 billion over the 2016-20 period. Assuming the
appropriation of the estimated amounts, implementing those
provisions would cost $5.6 billion over the same period, CBO
estimates.
Title IV would authorize funding in four parts:
Part A, Grants to States and Local Educational Agencies.
This part would authorize grants to States and school districts
to improve students' safety and health and to improve academic
achievement after the school day. Based on the most recent
funding level for State grants for safe and drug-free schools
and communities (fiscal year 2009), CBO estimates that the bill
would authorize the appropriation of $300 million in 2016; for
fiscal year 2015, the Congress appropriated $70 million to
support national activities for safe and drug-free schools and
communities but provided no funding for grants to States.
Implementing those grants would cost $1.1 billion over the
2016-20 period, CBO estimates.
Part B, 21st Century Community Learning Centers. Part B
would reauthorize the 21st Century Community Learning Centers
Program, which provides grants to provide academic enrichment
during periods when school is not in session. CBO estimates
that the bill would authorize the appropriation of $1.2 billion
in 2016 for those purposes; the Congress appropriated a similar
amount for this program in 2015. Implementing this title would
cost $4.2 billion over the 2016-20 period, CBO estimates.
Part C, Elementary School and Secondary School Counseling
Programs. This part would reauthorize grants to establish or
expand counseling programs for students in elementary and
secondary schools. CBO estimates that the bill would authorize
the appropriation of about $50 million in 2016; the Congress
appropriated a similar amount for elementary and secondary
school counseling in 2015. Implementing those programs would
cost about $180 million over the 2016-20 period.
Part D, Physical Education Program. Part D would
reauthorize grants to initiate, expand, and improve physical
education programs for elementary and secondary school
students. CBO estimates that part D would authorize the
appropriation of about $45 million in 2016 for this program;
the Congress appropriated a similar amount for those activities
in 2015. Implementing that program would cost about $160
million over the 2016-20 period.
Title V--Empowering Parents and Expanding Opportunity
Through Innovation. Title V would authorize appropriations to
support a range of grants, including those for charter and
magnet school programs, education technology, and preschool
education. CBO estimates title V would authorize the
appropriation of $4.9 billion over the 2016-20 period. Assuming
the appropriation of the estimated amounts, CBO estimates that
implementing those provisions would cost $3.4 billion over the
same period.
Specifically, the title would authorize the following
activities in the following parts:
Part A, Public Charter Schools. The bill would authorize
grants for charter schools, similar to activities previously
authorized in the Charter School Program and the Credit
Enhancement for Charter School Initiatives. CBO estimates that
part A would authorize the appropriation of about $255 million
for fiscal year 2016; in 2015, the Congress appropriated a
similar amount for charter schools. Implementing that provision
would cost about $925 million over the 2016-20 period, CBO
estimates.
Part B, Magnet School Assistance. This part would modify
the Magnet School Program, and CBO estimates it would authorize
the appropriation of about $95 million for fiscal year 2016;
the Congress appropriated a similar amount for magnet schools
in 2015. Implementing that provision would cost about $335
million over the 2016-20 period, CBO estimates.
Part C, Supporting High-Ability Learners and Learning. The
bill would amend and reauthorize the Gifted and Talented
Students Program, which is designed to enhance educational
opportunities for gifted and talented students. CBO estimates
that the bill would authorize the appropriation of $10 million
in 2016 for part C; the Congress appropriated the same amount
for those activities in fiscal year 2015. Implementing that
provision would cost about $35 million over the 2016-20 period,
CBO estimates.
Part D, Education Innovation and Research. The bill would
authorize grants to develop, implement, and test programs that
improve student achievement and attainment, similar to those
activities supported by the Investing in Innovation Program
authorized by the American Recovery and Reinvestment Act. CBO
estimates that the bill would authorize the appropriation of
about $120 million for fiscal years 2016 for this program; the
Congress appropriated a similar amount for grants for Investing
in Innovation in 2015. Implementing that provision would cost
$440 million over the 2016-20 period, CBO estimates.
Part E, Accelerated Learning. S.1177 would authorize a
grant program to improve academic achievement through
accelerated learning programs, such as Advanced Placement and
International Baccalaureate programs. CBO estimates that the
bill would authorize the appropriation of about $30 million in
2016 for part E; the Congress appropriated a similar amount for
the Advanced Placement Program in 2015. Implementing that
provision would cost about $100 million over the 2016-20
period, CBO estimates.
Part F, Ready-to-Learn Television. This part would
reauthorize the Ready-to-Learn Television Program, which
supports the development of educational television and digital
media for preschool and elementary school children. CBO
estimates the bill would authorize the appropriation of about
$25 million in 2016 for the Ready-to-Learn Program; the
Congress appropriated a similar amount for the Ready-to-Learn
Program in fiscal year 2015. Implementing that provision would
cost almost $100 million over the 2016-20 period, CBO
estimates.
Part G, Innovative Technology Expands Children's Horizons
(I-TECH). S.1177 would authorize a new grant program to expand
access to and improve students' and educators' knowledge and
skills with technology. Based on the most recent funding level
for the Enhancing Education Through Technology State Grant
Program (fiscal year 2010), CBO estimates that this part would
authorize the appropriation of about $100 million for fiscal
years 2016. Implementing this provision would cost about $360
million over the 2016-20 period, CBO estimates.
Part H, Literacy and Arts Education. Part H would authorize
funding for grants to support arts education for disadvantaged
students and those with disabilities and to support literacy
programs for low-income communities. Based on funding for two
similar programs, CBO estimates that the bill would authorize
the appropriation of about $50 million for fiscal years 2016
for these activities; for fiscal year 2015, the Congress
appropriated $25 million for each of the Arts in Education and
the Innovative Approaches to Literacy programs. Implementing
that provision would cost about $185 million over the 2016-20
period, CBO estimates.
Part I, Early Learning Alignment and Improvement Grants.
The bill would authorize grants to improve and expand early
childhood education. Based on funding for Preschool Development
Grants, CBO estimates that the bill would authorize the
appropriation of about $255 million for fiscal year 2016 for
early childhood education; the Congress appropriated $250
million for Preschool Development Grants in 2015 to support
similar activities. Implementing those grants would cost about
$915 million over the 2016-20 period, CBO estimates.
Title VI--Flexibility and Accountability. Title VI would
modify and reauthorize the rural education achievement
programs, which provide grants to assist rural school districts
in improving teaching and learning outcomes. CBO estimates that
the bill would authorize the appropriation of about $170
million in 2016 and about $900 million over the 2016-20 period
for those programs. Assuming appropriation of the estimated
amounts, implementing that title would cost about $620 million
over the same period, CBO estimates. The Congress appropriated
about $170 million for similar activities for rural school
districts in fiscal year 2015.
Title VII--Indian, Native Hawaiian, and Alaska Native and
Education. S.1177 would reauthorize and modify grant programs
for American Indians, Alaska Natives, and Native Hawaiians and
authorize the appropriation of funds for a new program for
Native American and Alaska Native language immersion schools
and programs. CBO estimates that the bill would authorize the
appropriation of about $200 million for fiscal year 2016 and
$1.0 billion over the 2016-20 period for title VII. Assuming
appropriation of the estimated amounts, implementing that title
would cost about $775 million over the same period, CBO
estimates. Of that total, about $500 million would be spent on
education programs for American Indians, about $125 million
would be spent for each of the programs for Alaska Natives and
Native Hawaiians, and about $30 million would be spent on
language immersion schools. The Congress appropriated about
$190 million for those programs in fiscal year 2015.
Title VIII--Impact Aid. Title VIII of the bill would amend
the impact aid programs that provide funding to assist local
education agencies (LEAs) affected by the activities of the
Federal Government, such as those on a military base or Indian
reservation. CBO estimates that the bill would authorize the
appropriation of $1.3 billion in fiscal year 2016 and $6.8
billion over the 2016-20 period for impact aid. Assuming the
appropriation of the estimated amounts, CBO estimates that
implementing that title would result in discretionary costs of
$6.5 billion over the same period. The bulk of that spending
(about $6.1 billion), would be for basic support payments to
LEAs to assist in the education of children in areas affected
by Federal activities. The other $400 million would be used to
construct and maintain schools that educate children in such
areas. The Congress appropriated almost $1.3 billion for impact
aid in 2015.
Title IX--General Provisions. Title IX would authorize
assessments of the effectiveness of grants to schools with high
enrollments of low-income students authorized in title I. CBO
estimates that the bill would authorize the appropriation of
less than $1 million for each of fiscal years 2016-20 for those
activities; available funding for evaluations under title I
totaled less than $1 million in fiscal year 2015. Implementing
that provision would cost about $3 million over the 2016-20
period, assuming the availability of the necessary amounts.
Title X--Education for Homeless Children and Youths. Title
X would reauthorize the McKinney-Vento Homeless Assistance Act,
which authorizes grants to States to assist in the education of
homeless children. CBO estimates that the bill would authorize
the appropriation of about $65 million in 2016 and about $345
million over the 2016-20 period for this assistance; the
Congress appropriated a similar amount for the education of
homeless children in fiscal year 2015. Implementing this title
would cost about $240 million over the 2016-20 period, assuming
appropriation of the estimated amounts.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: The bill
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from grants authorized in the bill for elementary and
secondary education. Any costs associated with the grants would
be incurred voluntary as a result of complying with conditions
of Federal assistance.
Previous CBO estimates: On February 18, 2015, CBO
transmitted a cost estimate for H.R.5, the Student Success Act,
as ordered reported by the House Committee on Education and the
Workforce on February 11, 2015. CBO estimates that enacting
H.R.5 would authorize the appropriation of $23.3 billion for
fiscal year 2016 and $116.5 billion over the 2016-20 period and
that implementing the bill would cost $87.7 billion over the
same period.
Estimate prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: J'nell Blanco
Suchy; Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VII. Section-By-Section Analysis
Section 1--Short title
States the short title of the bill as the Every Child
Achieves Act of 2015.
Section 2--Table of contents
Lists the Table of Contents of the Every Child Achieves Act
of 2015.
Section 3--References
Except as otherwise expressly provided, an amendment or
repeal in this Act will be a reference made to a section or
provision of the Elementary and Secondary Education Act of 1965
[20 U.S.C. 6301 et seq.].
Section 4--Statement of purpose
The purpose of this Act is to enable States and local
communities to improve and support our Nation's public schools
and ensure that every child has an opportunity to achieve.
Section 5--Table of Contents of the Elementary and Secondary Elementary
Act of 1965
Amends the Table of Contents of the Elementary and
Secondary Elementary Act of 1965.
title i--improving basic programs operated by state and local
educational agencies
Section 1001--Statement of purpose
Amends section 1001 [20 U.S.C. 6301] to change the purpose
to ensure that all children have an opportunity to receive a
high-quality education that prepares them for post-secondary
education or the workforce, without the need for post-secondary
remediation, and to close educational achievement gaps.
Section 1002--Authorization of appropriations
Amends section 1002 [20 U.S.C. 6302] by changing the
authorization levels of title I to ``such sums as may be
necessary for each of fiscal years 2016 through 2021'' to carry
out: Part A--Local Educational Agency Grants, Part B--State
Assessments, Part C--Education of Migratory Children, Part D--
Prevention and Intervention Programs for Children and Youth Who
are Neglected, Delinquent, or At-Risk, Part E--Federal
Activities, and Part F--School Intervention and Support.
Section 1003--School improvement and State administration
Strikes section 1003 [20 U.S.C. 6303] and redesignates
section 1004 [20 U.S.C. 6304] as section 1003. Maintains the
requirement that States reserve 2 percent of the State's
allocation for administrative purposes. Amends this section by
allowing each State to reserve not more than 4 percent of the
State's allocation, for a fiscal year, to carry out the State's
responsibilities related to school intervention and support,
and to carry out a statewide system of technical assistance for
local educational agencies. States will allocate 95 percent of
the reserved funds directly to local educational agencies,
prioritizing those that, as determined by the State, serve the
lowest performing schools, demonstrate the greatest need for
funds, and demonstrate the strongest commitment to evidence-
based interventions.
Section 1004--Basic program requirements
Strikes section 1111 [20 U.S.C. 6311] through section 1117
[20 U.S.C. 6317] and inserts section 1111 through section 1114.
Also strikes section 1119 [20 U.S.C. 6319] and redesignates
sections 1118, 1120, 1120A, and 1120B, as sections 1115, 1116,
1117, and 1118, respectively.
Sec. 1111. State plans
All States that desire to receive title I funds are
required to submit a plan to the Secretary.
Consultation with Key Stakeholders--In the development of
the title I State plan, each State must consult with the
Governor, local educational agencies, representatives of Indian
tribes located in the State, teachers, principals, other school
leaders, specialized instructional support personnel, and
paraprofessionals (including organizations representing such
individuals), administrators, other staff, and parents,
describe how the State will implement evidence-based strategies
for improving student achievement, and coordinate the plan with
other Federal laws.
Peer Review--State plans are reviewed by a geographically
diverse and varied team of researchers and practitioners with
recent school-level and classroom experience to provide useful,
objective feedback to States about how the plan might be
implemented. The same peer reviewers will not review all of the
State plans, but a peer reviewer may review more than one plan.
Approval and Disapproval Process--All State plans are
deemed as approved within 90 days of submission unless the
Secretary presents substantial evidence that the plan does not
meet Federal requirements. In this situation, the Secretary
will immediately notify the State, provide a detailed
description of the requirements the plan does not meet, provide
all peer review documents to the State, offer the State the
opportunity to resubmit the plan within 60 days, provide
technical assistance (upon request), and conduct a public
hearing within 30 days (upon request). The Secretary has the
authority to disapprove a State plan if the State has been
notified, offered an opportunity to revise and resubmit the
plan, and it chooses not to do so, or does so and the plan
still does not meet title I requirements. The Secretary also
has the authority to approve or disapprove any significant
changes that States make to State title I plans in accordance
with the same requirements for approval and disapproval for
initial plan submission.
Limitations on the Secretary--The Secretary does not have
the authority to require a State, as a condition of approval of
the State plan, to adopt specific academic standards, academic
assessments, set specific annual goals or timelines for such
goals, the specific indicators in the accountability system, or
the indicators or specific measures of teacher, principal, or
other school leader evaluation systems. The Secretary may not
require specific criteria, targets, goals, or metrics for
academic and non-academic measures in a State's accountability
system.
Academic Standards--Each State will provide an assurance
that it has adopted challenging academic content and
achievement standards (with at least 3 levels of achievement),
but no State shall be required to submit those standards to the
Secretary. The standards must be aligned with: entrance
requirements for the system of public higher education in the
State, relevant career and technical education standards, and
relevant early learning guidelines. Each State may adopt
alternate academic achievement standards for students with the
most significant cognitive disabilities, provided those
standards are aligned with the challenging State academic
content standards, consistent with other Federal laws, and
ensure that such students are on track for further education or
employment. Each State is required to adopt English language
proficiency standards that are aligned with the challenging
State academic standards.
Prohibitions on Standards--Each State will not be required
to submit any standards to the Secretary for review or
approval. The Secretary will not have the authority to mandate,
direct, control, coerce, or exercise any direction or
supervision over the adopted State standards.
Academic Assessments--Each State is required to implement
statewide academic assessments in mathematics, reading or
language arts, and science. Mathematics and reading or language
arts assessments will be administered annually in each of
grades 3 through 8, and at least once in grades 9 through 12.
Science assessments will be administered at least one time each
in grades 3 through 5, 6 through 9, and 10 through 12. Results
from such assessments shall be disaggregated by the following
categories of students: each major racial and ethnic group,
economically disadvantaged students, children with
disabilities, English proficiency status, gender, and migrant
status. Each State can provide alternate assessments aligned
with the challenging State academic content standards and
alternate academic achievement standards for students with the
most significant cognitive disabilities, but the total number
of students assessed using the alternate assessments may not
exceed 1 percent of the total number of students in the State
who are assessed in each subject and not more than 1 percent of
assessments used in determining the achievement of students in
the State accountability system may be alternate assessments
for students with the most significant cognitive disabilities.
Each State will also annually assess English proficiency for
students who are English learners. Computer adaptive tests can
be administered to meet these requirements. Last, the bill
clarifies nothing in title I, part A preempts State or local
law regarding the decision of a parent or guardian to opt his/
her child out of participating in these assessments.
Accountability System--Each State will develop and
implement a single, statewide State accountability system. The
system must annually establish State-designed goals for
academic achievement and graduation rates for all students and
categories of students, defined as economically disadvantaged
students, students from major racial or ethnic groups, children
with disabilities, and English learners. The system must
annually measure and report on, for all students and each
category of students: academic achievement as measured by the
State assessments; a statewide indicator of academic success
for elementary schools; high school graduation rates; English
proficiency of English learners; and an additional State-
determined indicator of school quality, success, or student
supports. States may use additional indicators in their
accountability systems if they choose, while using assessments,
the elementary school indicator, and high school graduation
rates as substantial factors. The system must use these
indicators to annually identify and differentiate among all
public schools. The system must measure the annual academic
progress of not less than 95 percent of all students and each
of the categories of students.
Prohibitions on Federal Interference with State and Local
Decisions--The Secretary cannot specify, define, or prescribe
academic standards, specific types of academic assessments, or
specific goals adopted by the State within the accountability
system. The Secretary cannot require specific metrics to
measure student growth or specific benchmarks, targets, or
goals for any measures or indicators in the accountability
systems, the specific weight or significance of any measures or
indicators used to measure, identify, or differentiate schools
in the accountability systems developed by the States, or the
specific methods used to identify and meaningfully
differentiate schools.
Other Plan Provisions--Each State must describe the minimum
number of students it will use for the disaggregation of data
by individual categories of students; the State's system for
monitoring and evaluating the intervention and support
strategies implemented by school districts for identified
schools and the steps States will take to further assist school
districts if the strategies are not effective; how low-income
and minority children enrolled in title I schools are not
served at disproportionate rates by ineffective, out-of-field,
and inexperienced teachers; how the State will make public the
methods or criteria the State uses to evaluate teachers; how
the State determines the goals for progress necessary to move
English learners to proficiency; the steps the State will take
to ensure collaboration with child welfare agencies to improve
the educational stability of foster youth; how the State plans
to protect students from physical or mental abuse, aversive
behavioral interventions, or any physical restraint or
seclusion imposed for purposes of discipline or convenience;
and how the State will address school discipline and climate
issues, among others.
State Report Card--Each State will prepare and disseminate
to the public an annual State report card. Each State report
card must include information for all students and
disaggregated by each category of students, including: a
description of the State accountability system; the weights of
the indicators used in the State accountability system, student
academic performance; the percentage of students assessed and
not assessed, high school graduation rates, information on the
academic indicator for elementary schools; information on
indicators or measures of school quality, climate, safety, and
discipline included in the Civil Rights Data Collection
biennial survey; the minimum number of students used for
disaggregation purposes in reporting requirements; the
professional qualifications of teachers, principals, and other
school leaders, including the percentage and distribution of
inexperienced, out-of-field, and emergency certified teachers,
principals, and other schools leaders; information on the
schools identified by the State accountability system as in
need of intervention and support; the evaluation results of
teachers, principals, and other school leaders in the aggregate
(if a State chooses to implement an evaluation system); per-
pupil expenditures of Federal, State, and local funds by
source; information on the students with the most significant
cognitive disabilities taking an alternate assessment;
information on English language proficiency for English
Learners; National Assessment of Educational Progress (NAEP)
results; the percentage of all students and each category of
students who did not meet annual State goals for achievement
and graduation rates; and assessment results for military-
connected children, homeless children, and children in foster
care.
Local Report Cards--Each local educational agency will
prepare and disseminate an annual local educational agency
report card with information on the agency, as a whole, and for
each school served by the agency. The report card will include
all of the information on the State report card.
Secretary's Report Card--The Secretary is required to
submit to Congress a report card on the status of elementary
and secondary education in the United States, including much of
the information from the State and local report cards. However,
the information on the report card will be derived from
existing data sources and not require new data collections.
Public Recognition--The Secretary may identify and publicly
recognize States, local educational agencies, schools, and
programs for exemplary performance.
Prohibitions--The Secretary is prohibited from requiring
States to enter into voluntary partnerships to get a State plan
or waiver request approved, as a condition of Federal funds, or
for any preference or priority for receipt of Federal funds.
Sec. 1112. Local educational agency plans
Local Educational Agency Plan--Each local educational
agency is required to submit a title I plan to the State for
review after consultation with various education stakeholders.
The plan must include many similar descriptions to the State
plan. Of note, the plan must: describe how the local
educational agency will address any disparities that result in
low-income and minority students being taught at higher rates
than other students by ineffective, inexperienced, or out-of-
field teachers; ensure that all instructional staff meet
applicable State certification and licensure requirements;
describe the actions the local educational agency will take to
assist and monitor schools identified under the State
accountability system as in need of intervention and support;
how the local educational agency will provide opportunities for
the enrollment, attendance, and success of homeless children;
if applicable, how the local educational agency will coordinate
and integrate services with preschool programs; and a
description of how the local educational agency will address
school climate and discipline issues. The local educational
agency is also required to inform parents of each student that,
at their request, they can receive information regarding the
professional qualifications of the student's classroom teachers
and must also provide information related to their child's
academic achievement. Additionally, local educational agencies
must inform parents of English learners the reasons the child
was identified and the services for which they are eligible.
Local educational agencies must also implement effective means
of outreach to parents of children who are English learners to
inform them of how they can be involved and active participants
in their child's education.
Sec. 1113. Eligible school attendance areas; schoolwide
programs; targeted assistance programs
Eligible School Attendance Areas--The bill maintains
current law requirements related to eligible school attendance
areas. In ranking schools in order to determine who must be
served first, local educational agencies must rank high schools
with 50 percent more or poverty highest to lowest in terms of
the percentage of children in poverty. However, in determining
which schools will receive title I funds, a local educational
agency will not have to reduce funds that elementary schools
are currently receiving in order to serve high schools. A local
educational agency must reserve funds to serve homeless
children, children in institutions for neglected children, and
if appropriate, children in local institutions for delinquent
children and may reserve funds for early childhood education
programs for eligible children.
Schoolwide and Targeted Assistance Programs--All title I
schools will conduct a needs assessment to determine if they
should operate a targeted assistance or schoolwide program to
best serve students at risk of failing to meet State standards.
Schools with 40 percent or more children in poverty may
automatically operate a schoolwide program. However, if a
school is under the 40 percent poverty threshold and the needs
assessment conducted demonstrates a schoolwide program would
better serve title I students in the school, the local
educational agency may waive the 40 percent requirement and
allow a school under that threshold to operate a schoolwide
program.
Sec. 1114. School identification, interventions, and
supports
School Identification, Interventions, and Supports--Each
State must annually identify the public schools that are in
need of intervention and support using the State accountability
system. States must indicate on local educational agency and
school report cards whether schools have been identified for
interventions and supports. Local educational agencies must
then intervene in all title I schools that are identified using
an evidence-based intervention or support strategy. Each State
must monitor and evaluate the implemented strategies, provide
technical assistance to districts, and take appropriate steps
to further assist local educational agencies if the
interventions are not effective in raising student achievement.
Each local educational agency with identified schools must
conduct a review of each school, including examining the
indicators in the State accountability system, policies,
procedures, personnel decisions, and budgetary decisions to
determine the reason the school was identified as in need of
intervention and support. The local educational agency must
also develop an appropriate evidence-based strategy that is
proportional to the identified needs of the school to improve
the school and directly related to the reasons for
identification and a comprehensive plan to ensure successful
implementation of the intervention and support strategies. The
strategies the local educational agencies develop and implement
must distinguish between the lowest performing schools and
other schools identified for other reasons, including schools
with categories of students not meeting State goals. States may
also establish intervention and support strategies, consistent
with State law, that local educational agencies may implement.
A local educational agency shall promptly provide notice to
parents of children in identified schools of the reasons for
and explanation of the identification, what the agency will do
to assist the school, and the options parents have for their
child.
Prohibition on Federal Interference with State and Local
Decisions--The Secretary is prohibited from establishing any
criterion that specifies, defines, or prescribes any school
intervention or support strategy that States or local
educational agencies are required to use to assist schools
identified by the State accountability system.
Funds for Local School Interventions and Supports--
Dedicated funding for school intervention and support is
maintained. States will apply to the Secretary for formula
funds, and those funds will be competitively granted to local
educational agencies with identified schools who apply for
those funds, including by prioritizing local educational
agencies with the lowest performing schools in the State. Funds
may also be awarded to statewide school districts, consortium
of local educational agencies, or educational service agencies
that serve identified schools if those entities are legally
constituted or recognized as local educational agencies in the
State.
Section 1005--Parent and family engagement
Sec. 1115. Parental involvement
Amends section 1118 [20 U.S.C. 6318] to expand local
educational agency parental involvement policies to include
other family members. It also requires local educational
agencies to conduct outreach and provide opportunities for
participation to all parents and family members, and conduct an
annual evaluation of parental and family engagement policies in
order to improve such policies and remove barriers to
participation. Furthermore, parents and family members must be
involved in jointly developing the local educational agency
plan under section 1112 and the process of school review and
intervention and support under section 1114. Local educational
agencies will continue to receive 1 percent of the title I
allocation for parental and family engagement, but may reserve
15 percent of such funds for local educational agency-level
parental and family engagement activities, including activities
such as supporting nonprofits to provide professional
development regarding parent and family engagement strategies,
home visitation, disseminating best practices on parent and
family engagement, or supporting schools to collaborate with
community-based organizations to increase parent and family
engagement. The other 85 percent of the reservation will be
allocated to schools for parent and family engagement.
Section 1006--Participation of children enrolled in private schools
Sec. 1116. Participation of Children Enrolled in Private
Schools
Amends section 1120 [20 U.S.C. 6320] to clarify that the
proportional share of funds to provide services to eligible
private school children must be determined based on the total
allocation a local educational agency receives and prior to any
other allowable expenditures or transfers are reserved by the
local educational agency. Adds more transparency into how the
proportional share of funds is determined and if the services
for private school children will be provided by a third-party.
Section 1007--Supplement, not supplant
Sec. 1117. Fiscal requirements
Amends subsection (b) of section 1120A [20 U.S.C. 6321] to
maintain the requirement for State or local educational
agencies to use Federal funds to supplement, but not supplant,
funds from non-Federal sources. Requires within 2 years after
the enactment of this Act that local educational agencies will
comply with the supplement, not supplant requirement in this
subsection by demonstrating that the methodology used by the
local educational agency to allocate State and local funds to
title I schools ensures that the school receives all of the
non-Federal funds it would otherwise receive in the absence of
title I funds. Prohibits the Secretary from establishing,
defining, or prescribing the specific methodology a local
educational agency must use. Local educational agencies are not
required to identify individual costs or services as being
supplemental, or provide title I services through a particular
instructional method or in a particular setting in order to
demonstrate compliance with this subsection.
Section 1008--Coordination requirements
Sec. 1118. Coordination requirements
Amends section 1120B [20 U.S.C. 6322] by striking
references to Early Reading First, updating references to early
childhood education programs, and requiring that local
educational agencies using title I funds for early childhood
education develop agreements with Head Start agencies and other
entities to carry out such activities.
Section 1009--Grants for the outlying areas and the Secretary of the
Interior
Sec. 1121. Grants for the outlying areas and the Secretary
of the Interior
Makes technical changes to section 1121 [20 U.S.C. 6331].
Section 1010--Allocation to States
Sec. 1122. Allocations to States
Makes technical changes to section 1122(a) [20 U.S.C.
6332].
Section 1011--Maintenance of effort
Sec. 1125A. Education finance incentive grant program
Makes technical changes to section 1125A [20 U.S.C. 6337].
Amends subsection (b) to allow a State, for 1 year, to not be
subject to Federal fund reductions as a consequence of failing
to maintain 90 percent of the State fiscal effort per student
or aggregate State expenditures from the previous fiscal year,
provided the State has not failed to maintain such fiscal
effort for one or more of the five immediately preceding fiscal
years.
Section 1012--Academic assessments
Amends part B of title I [20 U.S.C. 6361 et seq.] as
follows:
Sec. 1201. Grants for State assessments and related
activities
Authorizes the Secretary to award formula assessment grants
to States for activities including developing assessments
aligned with State standards with accommodations for English
learners and children with disabilities; developing English
language proficiency assessments; refining State assessments in
reading, mathematics, or science, or creating assessments for
subjects not required; or developing, or supporting local
educational agencies to develop, assessment systems with
summative, interim, and formative assessments.
Sec. 1202. Grants for enhanced assessments instruments
Authorizes the Secretary to award competitive assessment
grants to States for activities including collaborating with
other organizations to improve assessments; developing
assessments using the principles of universal design for
learning; developing assessments to measure student growth; or
developing innovative assessments such as technology- or
competency-based assessments, computer adaptive assessments, or
portfolio or extended performance task assessments.
Sec. 1203. Audits of assessment systems
Authorizes the Secretary to award competitive grants to
States and local school districts to conduct audits of their
State and local testing systems to describe, for each test
administered, information including the grade and subject
assessed; the annual cost and administration time of the
assessment; the Federal, State, or local law that requires the
assessment; and the schedule and calendar for the assessment.
Requires the development of a plan to address the findings of
the audit, including eliminating unnecessary assessments.
Sec. 1204. Funding
Authorizes such sums for the purposes of title I, part B.
Sec. 1205. Innovative assessment and accountability
demonstration authority
Authorizes a demonstration program for the creation of
innovative assessment systems, such as competency- or
performance-based assessments. Authorizes the Secretary to
initially give five States authority to develop such
assessments for accountability purposes and in lieu of the
current State assessment system, provided the innovative
assessments meet a high bar of technical quality. Allows
additional States to apply to the Secretary to develop
innovative assessment systems if overall, the first five State
systems demonstrate progress for students on student
achievement, graduation rates, retention rates, or decreased
remediation rates.
Section 1013--Education of migratory children
Makes technical changes to part C [20 U.S.C. 6391 et seq.]
of title I. Prioritizes services for migratory children who are
failing to meet State standards or have dropped out of school.
Inserts and improves definitions for ``migratory agricultural
worker,'' ``migratory child,'' ``migratory fisher,'' and
``qualifying move.''
Section 1014--Prevention and intervention programs for children and
youth who are neglected, delinquent, or at-risk
Makes technical changes to part D [20 U.S.C. 6421 et seq.]
of title I to strengthen and improve educational services for
children and youth in local and State institutions for
neglected and delinquent juveniles. Amends section 1414(a) [20
U.S.C. 6434] to include an assurance that each State
educational agency has established procedures to ensure the
prompt re-enrollment of each student who has been placed in the
juvenile justice system in a secondary school or in a re-entry
program. Amends section 1415(a) [20 U.S.C. 6434] to allow funds
to be used for pay for success initiatives. Amends section
1418(a) [20 U.S.C. 6438] to allow a focus on projects that
facilitate the transition of children between State-, Secretary
of the Interior-, or Bureau of Indian Education-operated
institutions and schools in local educational agencies. Amends
section 1423 [20 U.S.C. 6453] to add a greater emphasis on
ensuring the successful transition of children and youth in
correctional institutions into schools served by the local
educational agency or into career and technical education and
post-secondary education programs. Amends section 1424 [20
U.S.C. 6454] to allow funds to be used for programs for at-risk
Indian children and youth and pay for success initiatives.
Amends section 1425 [20 U.S.C. 6455] to require, to the extent
practicable, the development of initial educational services
and transition plans for each child or youth served and
consultation between the correctional facility and the local
educational agency to coordinate educational services in order
to minimize disruption to the child's or youth's achievement.
Section 1015--General provisions
Repeals parts E, F, G, and H and title I; redesignates part
I as part E; strikes sections 1904, 1907, and 1908;
redesignates sections 1901, 1902, 1903, 1905, and 1906, as
sections 1501, 1502, 1503, 1504, and 1505, respectively.
Amends sections 1901 [20 U.S.C. 6571], 1902 [20 U.S.C.
6572], and 1903 [20 U.S.C. 6573] to update the negotiated
rulemaking process for title I regulations. Requires negotiated
rulemaking for regulations related to standards, assessments,
State accountability systems, school intervention and supports,
and supplement, not supplant requirements. Requires an
alternative process for regulations if consensus is not reached
through negotiated rulemaking, including a review of the time,
cost, and paperwork burden of any proposed regulations, and a
required public comment and review period. Adds specialized
instructional support personnel, representatives of charter
schools, as appropriate, and paraprofessionals to the committee
of practitioners created by the State.
Section 1016--Report on educational stability of children in foster
care
Within 2 years of enactment of this Act, the Secretary of
Education and the Secretary of Health and Human Services shall
submit to Congress a report that provides information on the
educational stability of children in foster care, including a
description of any barriers to coordination between local
educational agencies and child welfare agencies, a description
of the benefits and challenges of keeping a foster care child
in the school of origin, including transportation costs, an
examination of barriers to credit transfer, and an examination
of the impact on local educational agencies to designate a
point of contact for a child welfare agency.
Section 1017--Report on subgroup sample size
Within 90 days of enactment of this Act, the Institute of
Education Sciences shall publish a report on best practices for
determining valid, reliable, and statistically significant
minimum numbers of students for inclusion in each of the
categories of students in the State accountability system. The
report will be widely disseminated.
title ii--high-quality teachers, principals, and other school leaders
Section 2001--Transfer of certain provisions
Makes technical changes, and redesignates subpart 5 of part
C of title II [20 U.S.C. 6731 et seq.] as subpart 3 of part F
of title IX, redesignates subpart 4 of part D of title II [20
U.S.C. 6777] as subpart 4 of part F of title IX. Transfers
section 2361 through 2368 [20 U.S.C. 6731-6738] to title IX.
Section 2002--Fund for the improvement of teaching and learning
Title II of The No Child Left Behind Act [20 U.S.C. 6301 et
seq.] is amended:
Section 2001--Purpose
Describes the purposes of the section.
Section 2002--Definitions
Defines ``school leader residency program,'' ``State,'' and
``teacher residency program.''
Section 2003--Authorization of appropriations
Authorizes funding at ``such sums as may be necessary for
each of fiscal years 2016 through 2021'' to carry out: Grants
to States and Local Educational Agencies; National Activities;
Teacher and School Leader Incentive Fund; American History and
Civics Education; Literacy Education for All, Results for the
Nation; and Improving STEM Instruction and Student Achievement.
Part A--Fund for the Improvement of Teaching and Learning
Section 2101--Formula grants to States
State Allotments--Requires the Secretary to reserve funds
for the U.S. territories and the Bureau of Indian Education,
and then distribute the remaining funds to States through a
formula. First, States will receive a portion of what they
received under title II, part A for fiscal year 2001. This
amount will decrease over the course of 7 fiscal years. The
remaining funds will be distributed with 20 percent based upon
the population of children ages 5 through 17, and 80 percent
based upon population of children ages 5 through 17 in poverty.
State Activities--Allows States to reserve up to 5 percent
of funds before distributing the remaining to local educational
agencies. States may reserve an additional 3 percent for
activities related to principals and school leaders so long as
that additional reservation does not come from the existing 5
percent setaside or the existing subgrants to local educational
agencies. States may use funds for reforming teacher, principal
and other school leader certification and licensing, developing
and improving evaluation systems and recruitment and retention
systems, improving equitable access to effective teachers, and
supporting efforts to train teachers, principals and school
leaders.
State Plan--Requires States to submit a plan to the
Secretary that is created in consultation with teachers,
teacher organizations, principals, other school leaders,
specialized instructional support personnel, parents, and
others. Requires a description of the uses of funds and
assurances that the State will monitor the implementation of
activities carried out with title II funds. States will need to
describe various activities, including the State system for
licensing teachers, how title II activities are aligned with
State standards, and if the State is going to use the funds to
improve equitable access to teachers, a description of how
funds will be used to meet title I requirements related to that
purpose.
Prohibitions--Prohibits the Secretary or any other officer
of the Federal Government from mandating, directing, or
controlling any elements of evaluation systems, the definition
of teacher, principal, or other school leader effectiveness, or
professional standards, certification, or licensing for
teachers, principals, or school leaders.
Section 2102--Subgrants to local educational agencies
Local Allotments--Local educational agencies receive funds
from the State on a formula based on 20 percent population of
children ages 5 through 17 and 80 percent population of
children ages 5 through 17 in poverty.
Local Applications--Local educational agencies must submit
a needs assessment, conducted in consultation with education
stakeholders, to the State that is designed to determine the
schools with the most acute staffing needs.
Section 2103--Local use of funds
Allows local educational agencies to use funds to implement
activities based upon the needs assessment. Includes a list of
activities for which local educational agencies can use funds,
or any other evidence-based activities identified by the
agency.
Section 2104--Reporting
Requires that each State and local educational agency
annually submit a report that identifies information related to
teacher qualifications and how title II funds are used.
Section 2105--National activities of demonstrated effectiveness
Authorizes the Secretary to use funds for technical
assistance to States and local educational agencies, and
evaluations of title II activities. Requires competitive grants
to be awarded to eligible entities, such as institutions of
higher education or national nonprofit or for-profit entities,
for alternative teacher certification or preparation, or
professional development or professional enhancement for
teachers or school leaders. Also requires competitive grants to
be awarded to State or local educational agencies, or nonprofit
organizations or institutions of higher education, for
activities related to improving recruitment, preparation,
placement, support, and retention of effective principals and
other school leaders.
Section 2106--Supplement not supplant
Ensures that Federal funds received under this part are
supplemental to non-Federal funds.
Part B--Teacher and School Leader Incentive Program
Authorizes the Secretary to award competitive grants to
eligible entities for the purposes of developing, implementing,
improving, or expanding performance-based compensation systems
or human capital management systems. Applicants may only
receive a grant twice, for a period that shall not exceed 3
years, with the availability for a 2-year extension. Each
eligible entity must fulfill a matching requirement of 50
percent from non-Federal sources.
Section 2003--American history and civics education
Part C--American History and Civics Education
Authorizes the Secretary to award competitive grants to
carry out: a Teaching of Traditional American History Program
to promote teaching traditional American history in schools as
a separate academic subject outside of a social studies course;
Presidential and congressional Academies for American History
and Civics to enable institutions of higher education,
nonprofit educational organizations, museums, libraries, or
research centers to provide professional development for
teachers and opportunities for students to grow in the field of
American history and civics through a seminar or institute, and
National Activities to promote innovative history, civic, and
geography instruction, and learning strategies and professional
development for educators related to those subjects.
Section 2004--Literacy education
Part D--Literacy Education for All, Results for the Nation
Authorizes the Secretary to award competitive grants to
States to develop, enhance, and implement comprehensive
literacy instruction plans to improve comprehensive literacy
instruction for at-risk students. Subgrants to eligible
entities (one or more high-need local educational agencies, one
or more State-designated early childhood education programs, or
such entities in partnership with public or private nonprofit
organizations) will support high-quality early literacy
initiatives for children from birth through kindergarten and
high-quality literacy initiatives in grades kindergarten
through 5 and in grades 6 through 12.
Section 2005--Improving science, technology, engineering, and
mathematics instruction and student achievement
Part E--Improving Science, Technology, Engineering, and Mathematics
Instruction and Student Achievement
Authorizes the Secretary to award formula grants to States
to improve classroom instruction, enhance student engagement,
and increase student achievement in STEM subjects. Grants are
based on 35 percent of the State population of students age 5
through 17, and 65 percent of the population of students age 5
through 17 from families living in poverty. States may
distribute subgrants to high-need local educational agencies,
an educational service agency, or outside partners, which may
include nonprofit or community-based organizations, businesses,
or institutions of higher education. States may also utilize
funds to recruit qualified teachers and instructional leaders
in STEM subjects or to develop a STEM master teacher corps.
Section 2006--General provisions
Part F--General Provisions
Prohibits the Secretary or any other officer or employee of
the Federal Government from mandating, directing, or
controlling a State, local educational agency, or school's
instructional content or materials, program of instruction,
standards, or assessments; educator evaluation systems;
definition of teacher, principals, or other school leader
effectiveness; or professional standards, certification, or
licensing of educators. Nothing in this title will alter or
affect local collective bargaining agreements.
title iii--language instruction for english learners and immigrant
students
Section 3001--General provisions
Amends title III [20 U.S.C. 6901 et seq.] by striking
section 3122 [20 U.S.C. 6842] in part A, all of part B [20
U.S.C. 6891 et seq.], and section 3302 [20 U.S.C. 7012] in part
C. Redesignates title III sections and parts accordingly.
Section 3002--Authorization of appropriations
Amends section 3001 [20 U.S.C. 6801] to update
authorization years and levels as such sums as may be necessary
for each of fiscal years 2016-21.
Section 3003--English language acquisition, language enhancement, and
academic achievement
Amends part A of title III [20 U.S.C. 6812] by updating the
purposes of the title.
State Uses of Funds and Activities--Amends section 3111(b)
[20 U.S.C. 6821] to include establishing and implementing, with
consultation with local educational agencies, standardized
statewide entrance and exit procedures for English learners;
educator professional development and preparation activities to
improve teaching skills in meeting the diverse needs of English
learners; technical assistance to improve the education of
English learners; and providing recognition to subgrantees who
improve the progress of English learners in meeting timelines
and goals for English proficiency and the challenging State
academic standards.
Reservations and Allotments--Amends section 3111(c) [20
U.S.C. 6821] to make technical edits. Updates the data used to
make State title III formula allotments to include: data from
the American Community Survey, the number of students taking
the State English language proficiency assessment, or a
combination of data available from both sources, to determine
the number of English learners in a State; and data from the
American Community Survey to determine the number of immigrant
children and youth in the State.
State and Specially Qualified Agency Plans--Amends section
3113 [20 U.S.C. 6823] to require States to describe the
standardized statewide entrance and exit procedures for English
learners, how the State will assist and monitor the progress of
eligible entities in meeting annual timelines and goals for
progress for English learners on English language proficiency
and academic assessments, and the steps the agency will take if
strategies are not effective; how the State will decrease the
number of long-term English learners; and provide assurances
that States will: annually assess English learners in English
who have been in the United States for 3 or more years on the
State assessments; annually assess the English proficiency of
English learners; and help build capacity for eligible entities
to offer effective language instruction educational programs
for English learners.
Section 3115--Subgrants to eligible entities
Amends section 3115 [20 U.S.C. 6825] to require subgrantees
to use language instruction educational programs that are based
on high-quality research demonstrating success in increasing
English learner academic achievement and English proficiency;
effective professional development to improve instructional
strategies for English learners; and implement effective family
engagement strategies to support English learners. Lists other
allowable uses of funds for subgrantees.
Section 3116--Local plans
Amends section 3116 [20 U.S.C. 6826] to require that local
plans submitted by eligible entities include descriptions of
high-quality programs and activities to be implemented with
title III funds to increase English learner academic
achievement and English language proficiency; how English
learners will meet goals and timelines for English proficiency
and student achievement described in title I; and how the
eligible entity will promote parent, family, and community
engagement. Includes assurances that plans are made in
consultation with teachers, parents and family members,
researchers, community members, school administrators, public
or private entities, and institutions of higher education and
that local educational agencies are complying with title I
``parent-right-to-know'' requirements and State law regarding
English learners.
Section 3121--Reporting
Amends section 3121 [20 U.S.C. 6841] to include reporting
on the number and percentage of English learners: meeting
State-determined goals for progress, disaggregated by long-term
English learners and English learners with a disability;
attaining English proficiency; meeting challenging State
academic standards for 2 years after such students are no
longer identified as English learners, disaggregated by long-
term English learners and English learners with a disability;
and who have not attained English proficiency within 5 years of
classification as an English learner. Makes other technical
changes.
Section 3131--National professional development project
Amends section 3131 [20 U.S.C. 6861] to include ``public or
private entities with relevant experience and capacity'' as
eligible entities for competitive grants under the National
Professional Development Project. Grants will be used for
professional development, capacity building, or evidence-based
activities that will improve classroom instruction for English
learners. Allows funding to support strategies to promote
school readiness for English learners and their transition to
elementary school. Promotes the sharing of best-practices for
instructing English learners, and emphasizes support strategies
that strengthen parent, family, and community engagement.
Section 3141--Definitions
Amends section 3141 [20 U.S.C. 6871] to expand the
definition of ``eligible entity,'' and defines the terms
``English Learner with a disability'' and ``long-term English
learner.''
Section 3004--Other provisions
Amends part C of title III [20 U.S.C. 7011 et seq.] to
replace the term ``limited English proficient'' with ``English
Learners.''
title iv--safe and healthy students
Section 4001--General provisions
Transfers section 4141 [20 U.S.C. 7151], section 4155 [20
U.S.C. 7165], and sections 4301-4304 [20 U.S.C. 7181-7184] to
title IX; and strikes the title heading, replacing it with
``Title IV--Safe and Healthy Students.''
Section 4002--Grants to States and local educational agencies
Strikes and replaces part A of title IV [20 U.S.C. 7101 et
seq.].
Section 4101--Purpose
Amends the purposes of title IV to focus on improving
students' safety, health, well-being, and academic achievement.
Section 4102--Definitions
Includes definitions for ``controlled substance,''
``drug,'' ``drug and violence prevention,'' ``school-based
mental health services provider'', and ``State.''
Section 4103--Formula grants to States
Authorizes the Secretary to reserve up to 5 percent of
funds for national activities, one-half of 1 percent of funds
for outlying areas, one-half of 1 percent for funds for schools
operated or funded by the Bureau of Indian Education, and such
funds as may be necessary for the ``Project School Emergency
Response to Violence'' (Project SERV), which provides
education-related services to local school districts and
institutions of higher education that have been impacted by a
violent or traumatic crisis that has severely disrupted the
teaching and learning environment in the school. States will
also receive formula grant funds, in proportion to the number
of individuals aged 5-17 from families with incomes below the
poverty line in the State, and may reserve up to 5 percent of
funding to provide State-level activities such as training and
technical assistance to local educational agencies, and for
other allowable activities related to safe and healthy
students. Each State must submit a plan and report to the
Secretary on how the State and local educational agencies use
funds provided under this part.
Section 4104--Subgrants to local educational agencies
Requires States to allocate the remaining percentage of
funds to local educational agencies based on the number of
individuals aged 5-17 from families with incomes below the
poverty line. Local educational agencies are required to
consult with community, education, and local government
stakeholders to conduct a needs assessment of the agency that
takes into account measures or indicators of school quality,
climate and safety, discipline, and risk factors in the
community. Requires local educational agencies to submit a plan
to the State including the results of the needs assessment and
a description of the activities and performance indicators the
local educational agency will use to implement and evaluate
programs funded under this part. Funds must be targeted to
schools with the greatest need and that have the highest
percentages of at-risk students.
Section 4105--Local educational agency authorized activities
Authorizes local educational agencies, or a consortium of
local educational agencies, to develop, implement, and evaluate
a range of activities and programs to foster safe, healthy,
supportive and drug-free environments that support academic
achievement. Local educational agencies must coordinate with
other schools and community-based services and programs and may
partner with nonprofit organizations with a demonstrated track-
record of success in implementing the activities. Includes
allowable uses of funds based on need as determined by the
local needs assessment, including drug and violence prevention
programs; extended learning opportunities; school-based mental
health services; mentoring programs and activities; school
counseling programs; programs or activities that support
healthy and active lifestyles and physical education; positive
behavioral interventions and supports implementation; programs
that offer a variety of well-rounded educational experiences
for students; programs and activities designed to increase
school safety and improve school climate; and other activities
determined by the local educational agency.
Section 4106--Supplement, not supplant
Requires that funds used be used to supplement, not
supplant, non-Federal funds.
Section 4107--Prohibitions
Prohibits the use of funds under this part for construction
or for medical services or drug treatment or rehabilitation,
except for integrated student supports or referral to treatment
for impacted students. Prohibits the mandatory medication of
children.
Section 4108--Authorization of appropriations
Authorizes such sums as may be necessary for each of fiscal
years 2016 through 2021.
Section 4003--21st Century community learning centers
Part B--21st Century Community Learning Centers
Amends part B of title IV [20 U.S.C. 7171 et seq.] to
reauthorize and strengthen the 21st Century Community Learning
Centers program to provide learning and enriching opportunities
for students during non-school hours, focused on students
attending high-poverty and low performing schools. The program
also allows funds to be used for some expanded learning program
activities.
Section 4004--Elementary school and secondary school counseling
programs
Part C--Elementary School and Secondary School Counseling Programs
Adds a new part C to title IV to reauthorize the Elementary
School and Secondary School Counseling Program, which provides
funds to local educational agencies or educational service
agencies to establish or expand elementary and secondary school
counseling programs. Includes uses of funds for developing,
implementing, and evaluating comprehensive, evidence-based,
school counseling programs. Priority is given to applicants
with the greatest need, including those in rural and remote
areas and with the greatest percentages of students in poverty,
who propose promising and innovative approaches, or show strong
potential for replication and dissemination. Grants are awarded
for a 3-year period and cannot exceed $400,000 for any fiscal
year.
Section 4005--Physical education program
Part D--Physical Education Program
Adds a new part D to title IV to reauthorize the Physical
Education Program. The Secretary is authorized to award grants
and contracts to local educational agencies and community-based
organizations to initiate, expand, and improve physical
education programs for students in kindergarten through grade
12. Includes uses of funds for providing materials and support
to enable students to participate actively in physical
education programs and for staff and teacher training and
education relating to physical education. To the extent
practicable, the Secretary must ensure that grants awarded
under this section are equitably distributed among local
educational agencies and community-based organizations serving
urban and rural areas.
title v--empowering parents and expanding opportunity through
innovation
Section 5001--General provisions
Amends title V [20 U.S.C. 7201 et seq.] by striking part A;
subparts 2 and 3 of part B; part D; and sections 5308 and 5310.
Redesignates parts B and C and other sections accordingly.
Section 5002--Public charter schools
Amends part A of title V [20 U.S.C. 7221 et seq.] by
striking sections 5201 [20 U.S.C. 7221] through 5205 [20 U.S.C.
7221d].
Section 5101--Purpose
Expands purposes to encourage charter schools to expand
opportunities for children with disabilities, English learners,
and other traditionally underserved students; and to support
efforts to strengthen the charter authorizing process.
Section 5102--Program authorized
Authorizes the charter school program to support a State
competition for startup, replication, and expansion of charter
schools, assist charter schools in accessing credit to finance
acquisition and renovation of facilities, and to carry out
national activities.
Section 5103--Grants to support high quality charter schools
Amends the State competition to award grants to State
educational agencies, a State charter school board, a Governor
of a State, or a charter school support organization for the
purposes of opening new, or replicating or expanding high-
quality charter schools, and to provide technical assistance to
improve the quality of authorized public chartering agencies
(including developing capacity for and conducting fiscal
oversight and auditing of charter schools).
Use of Lottery Mechanism--Allows for the use of a weighted
lottery in school admissions to give educationally
disadvantaged students a better chance to attend a charter
school, if allowable under State law, provided the weighted
lottery is not used for the purposes of creating schools
exclusively to serve a particular subset of students.
Program Periods & Peer Review--Maintains the 3-year program
period, and adds an additional one-time 2-year renewal
opportunity. Requires a peer review process for awarding both
grants and subgrants.
Applications--Enhances State application requirements to
require a description of: how the State will work with charter
schools to promote inclusion and retention of all students and
on their recruitment practices to engage groups that may
otherwise have limited opportunities to attend charter schools;
how a State will actively monitor and hold authorized public
chartering agencies accountable; and the extent to which the
State entity will solicit and consider input from parents and
community members. Includes assurances that States will promote
quality authorizing and make publicly available, including on
the Web site of the school, information about the charter
school in order to help parents make informed decisions about
the educational options available to their children.
Selection Criteria & Priority--Amends the selection
criteria the Secretary will use to award grants to include the
quality of the State's plan to monitor applicants and provide
technical assistance to support quality authorizing efforts.
Establishes an application priority for States that: allow
entities besides local educational agencies to be charter
school authorizers, or which have an appeals process for the
denial of an application if the local educational agency is the
only authorizer; use best practices from charter schools to
help improve struggling schools and local educational agencies;
and ensure that all authorized public chartering agencies
implement best practices for charter school authorizing.
Local Uses of Funds--Offers more flexibility to charter
school developers to fund startup costs associated with charter
school facilities; provide transportation to students;
implement teacher and principal or other school leader
professional development programs; and provide early childhood
education programs.
Reporting Requirements--Requires States to submit a report
to the Secretary, after 3 years and again at the end of the
renewal period, including the number of students served; the
amount of subgrants awarded for startup, replication and
expansion of high-quality charter schools; and a description of
the progress the State entity made toward meeting the
priorities and assurances of the grant competition.
Section 5104--Facilities financing assistance
Streamlines the Credit Enhancement Initiatives to Assist
Charter School Facility Acquisition, Construction and
Renovation Program, and the Per-Pupil Facilities Aid Programs
to improve facilities financing grants. Encourages States to
ensure that charter schools are able to access suitable
facilities. Requires the Secretary to reserve not less than 50
percent of the available facilities financing funds to award
not less than three competitive grants to entities that have
the highest-quality applications that demonstrate innovative
methods of helping charter schools to address the cost of
acquiring, constructing, and renovating facilities by enhancing
loan or bond financing availability. The remainder of the funds
will be used for the Per-Pupil Facilities Aid Program. Grant
applications must address proposed assistance activities, the
extent of charter schools' involvement in project development,
level of expertise in capital market financing and education,
and the strategy for leveraging the maximum amount of funding
for the proposed project.
Section 5105--National activities
Authorizes the Secretary to reserve not less than 80
percent of funds reserved for National Activities to awards
grants to charter management organizations or non-profit
organizations that oversee and coordinate the activities of
charter management organizations for the replication and
expansion of high-quality charter schools. The remainder of
funds will be used by the Secretary to provide technical
assistance and disseminate best practices regarding charter
schools, evaluate the impact of the charter school program on
student achievement, and award grants directly to eligible
applicants that desire to open a charter school in States that
did not apply for or receive a grant under the State grant
competition.
Grants for Replication and Expansion of High-Quality
Charter Schools--Enables charter management organizations that
manage or oversee multiple charter schools to apply for funding
for replication and expansion of high-quality charter schools.
Applications--Requires applications to address objectives
for implementing a high-quality charter school; intended
measures of progress; a description of the educational program
and plan for inclusion of all students; a multiyear financial
plan; and a sustainability plan for continuation after program
funding expires.
Priority and Criteria--Prioritizes organizations that serve
primarily low-income students.
Amends section 5206 [20 U.S.C. 7221e] to clarify hold
harmless protections for new or significantly expanded charter
schools; Makes technical edits to section 5208 [20 U.S.C.
7221g]. Amends section 5210 [20 U.S.C. 7221i] to add or modify
the definitions of ``new or significantly expanding charter
schools,'' ``charter school,'' ``charter management
organization,'' ``charter support organization,'' ``expansion
of a high-quality charter school,'' ``high-quality charter
school,'' and ``replication of a high-quality charter school.''
Amends section 5211 [20 U.S.C. 7221j] to authorize such sums as
may be necessary for each of fiscal years 2016 through 2021.
Section 5003. Magnet schools assistance
Amends part C of title V [20 U.S.C. 7231 et seq.] to update
the magnet schools assistance program. Requires the magnet
school programs to assess, monitor, and evaluate the impact of
activities to improve socioeconomic and racial integration and
student achievement. Amends section 5306 [20 U.S.C. 7231e] to
prioritize evidence-based magnet school programs and provide
opportunities to expand magnet school programs with a
demonstrated record of success. Enables local educational
agencies or consortium of such agencies to establish, expand,
or strengthen inter-district and regional magnet programs.
Amends section 5309 [20 U.S.C. 7231h] to adjust the magnet
school program grant cycle to a 3-year grant period, with an
opportunity to apply for a 2-year extension. Amends section
5311 20 U.S.C. 7231j] to authorize such sums as may be
necessary for each of fiscal years 2016 through 2021.
Section 5004. Supporting high-ability learners and learning
Adds a new part C of title V to reauthorize the Jacob K.
Javits Gifted and Talented Students program. Authorizes the
Secretary to award grants, or enter into contracts with,
entities to meet the educational needs of gifted and talented
students, including the training of personnel in the education
of gifted and talented students. Establishes a National
Research Center for the Education of Gifted and Talented
Children and Youth.
Section 5005. Education innovation and research
Adds a new part D of title V to authorize a competitive
grant program for the development, implementation, replication,
or scaling and rigorous testing of entrepreneurial, evidence-
based, field-initiated innovations to improve student
achievement and attainment for high-need students. Authorizes
the Secretary to award grants to eligible entities (local
educational agencies, State educational agencies, or such
entities in partnership with nonprofits, small businesses,
charter management organizations, educational service agencies,
or institutions of higher education) for grants in three phases
based on the strength of the proposed project's evidence base.
Section 5006--Accelerated learning
Adds a new part E to title V to authorize the Accelerated
Learning Program to expand access to and increase participation
in Advanced Placement programs, International Baccalaureate
(IB) programs, dual enrollment programs, and early college high
schools providing postsecondary-level instruction or exams that
can be accepted for higher education credits. Authorizes grants
to States to reimburse fees associated with taking accelerated
learning exams for low-income students. Authorizes competitive
grants to States, local educational agencies, or a partnership
between nonprofit organizations and State or local educational
agencies to increase the number of educators qualified to
instruct accelerated learning courses.
Section 5007--Ready-to-learn television
Adds a new part F to title V to reauthorize the Ready-to-
Learn Television program. Authorizes grants to public
telecommunications entities for the development and national
distribution of educational and instructional high-quality
television programming accessible to disadvantaged preschool
and elementary school children.
Section 5008--Innovative technology expands children's horizons
(I-TECH)
Adds a new part G to title V to authorize the Innovative
Technology Expands Children's Horizons (I-TECH) program.
Authorizes the Secretary to reserve funds for national
activities and for grants to States and local educational
agencies to strengthen State and local technological
infrastructure and provide professional learning opportunities
to educators, school leaders, and administrators to ensure that
they have the ability to utilize technology effectively and
support digital learning. Funds can be used to support
activities related to education technology including:
technology and content purchases, blended learning projects,
and educator professional development to incorporate technology
into classrooms effectively and improve student achievement.
Funds are awarded on a formula basis to States based on the
State's allocation under part A of title I. Funds are
subgranted to local educational agencies on a competitive basis
if Federal appropriations are lower than $300 million for any
fiscal year and by formula if funds are above $300 million.
Local educational agencies must use funds to meet the goals
identified under their technology readiness survey and build
capacity to improve digital learning.
Section 5009--Literacy and arts education
Adds a new part H to title V to authorize the Secretary to
award competitive grants to local educational agencies with 20
percent or more of students in poverty or national nonprofit
organizations. Grants will be awarded to promote arts education
through activities such as professional development,
development or dissemination of instructional materials, and
community and national outreach, or to promote literacy
programs, including pediatric literacy programs, school library
programs, or programs that provide access to high-quality books
and reading materials for children and adolescents from
disadvantaged communities.
Section 5010--Early learning alignment and improvement grants
Adds a new part I to title V to authorize Early Learning
Alignment and Improvement Grants. The Secretary is authorized
to award 3-year, nonrenewable competitive grants to States to
improve coordination, quality, and access for early childhood
education. Prioritizes States that focus on serving eligible
children who are 3 and 4 years of age, and whose family income
does not exceed 130 percent of the poverty line. Funds will be
used to improve, strengthen, and expand existing high-quality
early education or care, or if no such programming is
available, expand access to high-quality early learning and
care. States must coordinate existing funding streams and
delivery models to promote program quality, parental choice,
and access to high-quality early care and learning for children
from birth to kindergarten entry. Prohibits the Secretary from
establishing criteria that specifies, defines, or prescribes
early learning development guidelines; specific measures or
indicators of quality early learning and care; curriculum,
program of instruction, or instructional content; teacher and
staff qualifications and salaries; class size and child-to-
instructional staff ratios; or any aspect or parameter of a
teacher, principal, or school leader staff evaluation system.
title vi--innovation and flexibility
Section 6001--Purposes
Establishes this title to support State, local, and tribal
leadership and innovation, provide States and local educational
agencies with maximum flexibility in using Federal funds, and
support education in rural areas.
Section 6002--Improving academic achievement
Amends part A of title VI [20 U.S.C. 7301 et seq.] by
striking Subparts 1, 3, and 4. Redesignates various subparts
and sections. Makes technical edits. Amends section 6123 [20
U.S.C. 7305b] by allowing a State or local educational agency
to transfer all of the funds allotted to the State or local
educational agency under part A of title II, part A title IV,
or part G of title V between such programs, or into part A of
title I. Authorizes a 2-year Weighted Student Funding
Flexibility Pilot Program to allow no more than 25 local
educational agencies the flexibility to consolidate Federal,
State, and local funds to create a single school funding system
based on weighted per-pupil allocations. This pilot will allow
a local educational agency to consolidate funds received under
titles I, II, III, and IV to create a weighted per-pupil
allocation funding system provided the local educational agency
meets certain requirements.
Section 6003--Rural education initiative
Amends part B of title VI [20 U.S.C. 7341 et seq.] to make
technical edits. Amends section 6211 [20 U.S.C. 7345] to update
references to applicable funding sources and locale codes used
to designate eligible local educational agencies. Clarifies
eligibility for local educational agencies that are members of
educational service agencies that meet certain requirements.
Amends section 6212 [20 U.S.C. 7345a] to update references to
provisions for which funds may be used and the method of
allocation for educational service agencies. Increases minimum
and maximum grant award amounts to $25,000 and $80,000,
respectively, if appropriations for part B reach $252 million
and adds hold harmless language for those local educational
agencies that are no longer eligible due to the updated
eligibility requirements. Amends section 6213 [20 U.S.C. 7345b]
to require local educational agencies that receive funding
under this subpart to administer assessments consistent with
section 1111(b)(2). Amends section 6221 [20 U.S.C. 7351] to
make technical edits and update locale codes to determine local
educational agency eligibility for funds. Amends section 6222
[20 U.S.C. 7351a] to update references to activities for which
funds may be used. Amends section 6223 [20 U.S.C. 7351b] to
make technical changes and modifications to application content
requirements. Amends section 6224 [20 U.S.C. 7351c] to make
technical edits and streamline the required report to Congress.
Adds a new section 6225 to enable a local educational agency
eligible for funding under both the Small, Rural School
Achievement Program and the Rural and Low-Income School Program
to choose under which program it would like to receive funds.
Section 6004--General provisions
Makes technical changes to part C of title VI [20 U.S.C.
7371 et seq.].
title vii--indian, native hawaiian, and alaska native education
Section 7001--Indian education
Amends part A of title VII [20 U.S.C. 7401 et seq.] to
strike sections 7131 [20 U.S.C. 7451], 7132 [20 U.S.C. 7452],
7133 [20 U.S.C. 7453], 7134 [20 U.S.C. 7454], 7136 [20 U.S.C.
7456], 7102 [20 U.S.C. 7402], and 7111 [20 U.S.C. 7421] and
redesignate various sections.
Section 7102--Purpose
Updates the purposes of part A of title VII [20 U.S.C. 7402
et seq.], the Indian Education program.
Section 7111. Purpose
Updates the purposes of section 7111 [20 U.S.C. 7421].
Section 7112--Grants to local educational agencies and tribes
Amends section 7112 [20 U.S.C. 7422] to allow the Secretary
to make grants to consortia of tribes, and to allow local
educational agencies to enter into cooperative agreements with
Indian tribes under certain circumstances. Provides
requirements for eligible ``Indian tribes and Indian
organizations,'' ``Indian community-based organizations,'' and
``consortia.'' Modifies application requirements and allowable
activities.
Section 7114--Applications
Requires local educational agencies to describe how
activities will address the unique educational needs of
American Indian students. Adds consultation requirements for
local educational agencies to consult with representatives of
Indian tribes within 50 miles of any school the local
educational agency will serve if the tribe has children in that
school.
Section 7115--Authorized services and activities
Amends section 7115 [20 U.S.C. 7425] to clarify that title
VII funds can be used to support various activities including
Native American language programs, early childhood programs,
culturally related activities, and career preparation
activities.
Amends section 7118 [20 U.S.C. 7428] to align maintenance
of effort requirements to those included in title IX [20 U.S.C.
7801 et seq.].
Makes technical changes to subpart 2 of part A [20 U.S.C.
7441 et seq.].
Amends section 7132 [20 U.S.C. 7455] to award grants to
tribes to allow tribes, tribal organizations, or tribal
educational agencies to directly administer education programs
under a written agreement.
Amends section 7152 [20 U.S.C. 7492] to authorize such sums
as may be necessary for each of fiscal years 2016-21.
Section 7002--Native Hawaiian education
Amends part B of title VII [20 U.S.C. 7511 et seq.] by
striking paragraphs (14) through (21) of section 7202 [20
U.S.C. 7512]. Amends section 7204 [20 U.S.C. 7514] to revise
the members of the Native Hawaiian Education Council and
authorize grants to better effectuate the purposes of this
section through coordination of educational and related
services and programs available to Native Hawaiians. Makes
technical changes to section 7205 [20 U.S.C. 7515]. Amends
section 7207 [20 U.S.C. 7517] to add a definition of
``community consultation.''
Section 7003--Native Alaskan education
Amends part C of title VII [20 U.S.C. 7451 et seq.] by
amending paragraphs (1) through (7) in section 7302 [20 U.S.C.
7542]. Amends section 7303 [20 U.S.C. 7543] to update the
purposes of the program. Amends section 7304 [20 U.S.C. 7544]
to authorize grants for Indian Tribes and tribal organizations
to develop and implement plans, methods, strategies and
activities to improve educational outcomes of Alaska Native
peoples and evaluate programs for such people. Updates
allowable uses of funds to include developing curricula and
instructional programs that use Native Alaskan languages and
cultures, training educators to serve Alaska Natives, and
implementing early childhood and parenting programs, and
programs aimed at increasing graduation rates and enrichment
activities. Amends section 7305 [20 U.S.C. 7545] to require
grant recipients to use not more than 5 percent of award
funding for administrative purposes.
Section 7004--Native American language immersion schools and programs
Adds a new part D of title VII to authorize the Secretary
to award competitive grants to eligible entities (an Indian
tribe, a Tribal College or University, a tribal educational
agency, a public school, a Bureau of Indian Education school,
an Alaska Native Regional Corporation, or a private, tribal, or
Alaska Native nonprofit organization) to support schools that
administer Native American or Alaska Native language immersion
programs. Requires that entities receiving grants support
native language education and development, provide professional
development to strengthen a school's overall language and
academic goals, and carry out other activities to promote the
maintenance and revitalization of the native language relevant
to the grant program. Authorizes such sums as may be necessary
for fiscal years 2016-21.
title viii--impact aid
Section 8001--Purpose
Amends section 8001[20 U.S.C. 7701] to make technical
changes.
Section 8002--Amendment to Impact Aid Improvement Act of 2012
Amends section 563(c) of the National Defense Authorization
Act for fiscal year 2013 (Public Law 112-239; 126 Stat. 1748;
20 U.S.C. 6301 note), by striking paragraphs (1) and (4).
Section 8003--Payments relating to Federal acquisition of real property
Amends section 8002 [20 U.S.C. 7702] to update and clarify
eligibility requirements and the calculation of taxable land.
Section 8004--Payments for eligible federally connected children
Amends section 8003 [20 U.S.C. 7703] to clarify hold
harmless provisions for local educational agencies that receive
payments for eligible federally connected children. Streamlines
and simplifies eligibility for heavily impacted local
educational agencies, including loss of eligibility provisions
and maximum award amounts. Eliminates the maintenance of effort
provision.
Section 8005--Policies and procedures relating to children residing on
Indian lands
Amends section 8004 [20 U.S.C. 7704] to make technical
changes.
Section 8006--Application for payments under sections 8002 and 8003
Amends section 8005 [20 U.S.C. 7705] to allow a local
educational agency to count the number of children served on
the date by which such agency requires all students to register
for the school year of the fiscal year for which the
application is filed.
Section 8007--Construction
Amends section 8007 [20 U.S.C. 7707] to clarify that a
local educational agency is eligible for an emergency or
modernization grant if at least 10 percent of the property in
such agency is exempt from State and local taxation. Strikes
the Secretary's ability to require a local educational agency
applying for an emergency or modernization grant to submit
additional information beyond what is required in statute in
its grant application.
Section 8008--State consideration of payments in providing State aid
Amends section 8009 [20 U.S.C. 7709] to clarify under the
procedures for review of State equalization plans that the
Secretary cannot require additional information beyond what is
required in statute.
Section 8009--Definitions
Amends section 8013 [20 U.S.C. 7713] to clarify the
definition of Federal property and update information regarding
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
Section 8010--Federal administration
Amends section 8014 [20 U.S.C. 7714] to update
authorization levels to such sums as may be necessary for
fiscal years 2016 through 2021.
title ix--general provisions
Title IX--Part A--Definitions
Section 9101--Definitions
Amends section 9101 [20 U.S.C. 7801] to update and include
definitions of ``4-Year Adjusted Cohort Graduation Rate,''
``Core Academic Subjects,'' ``Early Childhood Education
program,'' ``English Learner,'' ``Evidence-Based,'' ``Expanded
Learning Time,'' ``Extended-Year Adjusted Cohort Graduation
Rate,'' ``High School,'' ``Multi-Tier System of Supports,''
``Professional Development,'' ``School Leader,'' ``State,''
``Specialized Instructional Support Personnel,'' and
``Universal Design for Learning.'' Strikes the definitions of
``Beginning Teacher,'' ``Exemplary Teacher,'' ``Highly
Qualified'', ``Public Telecommunications Entity,''
``Scientifically Based Research'', and ``Teacher Mentoring.''
Section 9102--Applicability to Bureau of Indian education operated
schools
Amends section 9103 [20 U.S.C. 7803] to replace the term
``Bureau of Indian Affairs'' with ``Bureau of Indian
Education.''
Section 9103--Consolidation of funds for local administration
Makes technical changes to section 9203b [20 U.S.C. 7823b].
Section 9104--Rural consolidated plan
Amends section 9305 [20 U.S.C. 7845] to allow two or more
eligible rural local educational agencies or educational
service agencies to submit a consolidated plan for covered
programs.
Section 9105--Waivers of statutory and regulatory requirements
Amends section 9401 [20 U.S.C. 7861] by clarifying the
submission and application process for waiver requests.
Describes the waiver approval and disapproval process where a
waiver is approved or disapproved within 90 days unless the
Secretary demonstrates that the waiver does not meet the
requirements of, or is not permitted under, statute. If the
Secretary determines the waiver does not meet requirements of
statute, the Secretary must immediately notify the applying
entity, including with the reasons for noncompliance, offer
technical assistance, and offer the opportunity to revise and
resubmit the request. Prohibits the Secretary from disapproving
a waiver based on conditions outside the scope of the waiver
request. Prohibits the Secretary from placing any requirements
on State educational agencies, local educational agencies, or
other entities as a condition of waiver approval that are not
otherwise required under the Act and directly related to the
waiver request. Clarifies annual report requirements.
Section 9106--Plan approval process
Amends title IX by redesignating sections and parts. Adds a
new part E to describe the approval and disapproval of title II
and IV State and local plans and applications, and the
consolidated plan and application. Mirrors this process with
the limits and prohibitions on the Secretary's approval
authority for the title I State plan.
Section 9107--Participation by private school children and teachers
Amends sections 9501 [20 U.S.C. 7881] by updating the
programs to which equitable participation applies. Removes the
limitation that part A of title II equitable services are
determined only to the extent that such funds are used for
professional development. Adds more transparency into how
equitable services are determined and if the services will be
provided by a third-party.
Section 9108--Maintenance of effort
Amends section 9521 [20 U.S.C. 7901] to allow a local
educational agency, for 1 year, to not be subject to Federal
fund reductions as a consequence of failing to maintain 90
percent of the combined fiscal effort per student or aggregate
State and agency expenditures from the previous fiscal year,
provided the local educational agency has not failed to
maintain such fiscal effort for one or more of the five
immediately preceding fiscal years. Adds an additional
exceptional circumstance, a change in organizational structure
of the local educational agency, in which maintenance of effort
requirements may be waived.
Section 9109--School prayer
Amends section 9524 [20 U.S.C. 7904] to make technical
changes.
Section 9110--Prohibitions on Federal Government and use of Federal
funds
Amends section 9527 [20 U.S.C. 7907] to strengthen
prohibitions against the Federal Government from mandating,
directing, controlling, incentivizing, or making financial
support conditioned upon the adoption of specific academic
standards or assessments (such as the Common Core State
Standards or assessments aligned to such standards),
curriculum, program of instruction, or instructional content.
Includes prohibitions on the Federal endorsement of curriculum,
and against Federal approval or certification of standards.
Section 9111--Armed Forces recruiter access to student and student
recruiting information
Strikes the special rule in section 9528 [20 U.S.C. 7908].
Section 9112--Prohibition on federally sponsored testing
Amends section 9529 [20 U.S.C. 7909] to strengthen
prohibitions on the development of any federally sponsored
national test, including assessments or testing materials
aligned to the Common Core State Standards. Adds a Rule of
Construction to ensure State and local educational agencies can
use funds for the development or implementation of any
instructional content, academic standards, academic
assessments, curriculum, or program of instruction that a State
or local educational agency or school chooses, as permitted
under State and local law.
Section 9113--Limitations on national testing or certification for
teachers
Amends section 9530 [20 U.S.C. 7910] to include principals.
Adds further prohibitions against incentivizing national
testing or certification for teachers or principals.
Section 9114--Consultation with Indian tribes and tribal organizations
Adds a new section 9538 to ensure timely and meaningful
consultation with tribes or tribal organizations in the
development of local educational agencies programs under this
Act if a local educational agency has at least 50 percent
enrollment of American Indian and Alaska Native students, or no
less than 50 of such students.
Section 9115--Outreach and technical assistance for rural and local
educational agencies
Adds a new section 9539 to ensure the Secretary will
provide outreach and assistance to rural local educational
agencies.
Section 9116--Evaluations
Amends section 9601 [20 U.S.C. 7941] to require the
Director of the Institute of Education Sciences to be consulted
in reserving funds for evaluations of programs under this Act.
Prioritizes impact evaluations of programs using rigorous
methodology. Requires program evaluation findings to be widely
disseminated. Allows the Secretary and Director of the
Institute of Education Sciences to consolidate funds from the
reservations made from programs to conduct program evaluation,
while not requiring evaluations of each program each year.
Requires the Director of the Institute of Education Sciences to
develop a biennial evaluation plan. Consolidates all program
evaluations across the Act under this authority.
title x--education for homeless children and youths
Section 10101--Statement of policy
Amends section 721 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11431] to improve the statement of
policy and make technical edits.
Section 10102--Grants for State and local activities
Amends section 722 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11432] to strengthen the functions of
the Office of the Coordinator for Education of Homeless
Children and Youth and improve collaboration and coordination
between the coordinator, educators, local educational agency
liaisons, and various service providers. Improves policies and
procedures related to school stability and access to academic
and extra-curricular activities for homeless students. Ensures
that local educational agency liaisons focus on identification
and services for homeless students, including preschool-age and
unaccompanied homeless students. Requires that local
educational agencies have policies and procedures to ensure
that homeless youth are able to receive credit for prior
coursework and that records are transferred to an enrolling
school.
Section 10103--Local educational agency subgrants
Amends section 723 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11433] to improve application
requirements for local educational agencies requesting funds to
serve homeless students. Adds assurances that local educational
agencies will meaningfully engage families of homeless children
and youth and that States will prioritize funds to local
educational agencies that will leverage other resources to
support homeless youth.
Section 10104--Secretarial responsibilities
Amends section 724 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11434] to require the Secretary to
publish and disseminate a notice nationwide of the services
available to homeless youth. Requires the Secretary to provide
support and technical assistance to States concerning areas in
which documented barriers to a free appropriate public
education persist. Requires the Secretary to issue guidelines
for how a State may assist local educational agencies to meet
the requirements of the Act and revise procedures that may
present barriers for identification of and services for
homeless youth.
Section 10105--Definitions
Amends section 725 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11434a(6)] to clarify the definition
of unaccompanied youth.
Section 10106--Authorization of appropriations
Amends section 726 of the McKinney-Vento Homeless
Assistance Act [42 U.S.C. 11435] by authorizing such sums as
necessary for fiscal years 2016 through 2021.
VIII. Additional Views
Every child deserves a quality education. When Congress
originally passed the Elementary and Secondary Education Act
(ESEA) in 1965 it was a promise to the American people to
provide a free, quality education to all children no matter
their background and situation in life. With the
reauthorization of ESEA, we have the opportunity to ensure that
we keep that promise.
The committee bill makes positive changes to restore the
responsibility of educating our Nation's children back to the
States and local school districts, and continues to give
parents a choice on which school is best for their child by
strengthening the public charter schools program. However, the
committee bill lacks policies and resources to specifically
help students with dyslexia.
Dyslexia is defined as an unexpected difficulty in reading
for an individual who has the intelligence to be a much better
reader. Dyslexia reflects a difficulty in getting to the
individual sounds of spoken language which impacts speaking,
reading, spelling, and often, learning a second language. It is
the most common learning disability. A National Institutes of
Health study found the prevalence rate of dyslexia is nearly 20
percent. Dyslexia impacts Americans from all walks of life,
including Members of Congress, our staff, our families, and
thousands of constituents. As a parent of a dyslexic child and
as a U.S. Senator, I am amazed at how much is known about
dyslexia yet, far too often, not incorporated into education
policies.
As such, I commend the committee for their efforts to find
a path forward to ensure that resources for children with
specific learning disabilities, including dyslexia, are a part
of the final reauthorization bill. The final conference
reported bill contains a provision to establish a comprehensive
center for students at risk of not attaining full literacy
skills due to a disability, including dyslexia.
Comprehensive centers provide training, technical
assistance, and professional development to build State
capacity to provide high-quality education for all students.
The centers provide support to State educational agencies, and
through them, to local school districts and schools, helping
them to make evidence-based investments that have been shown to
improve student outcomes.
The comprehensive center created in the final conference
reported bill will specifically:
Identify or develop free or low cost evidence-
based assessment tools for identifying students at risk of not
attaining full literacy skill due to a disability, including
dyslexia impacting reading or writing; or developmental delay
impacting reading, writing, language processing, comprehension,
or executive functioning;
Identify evidence-based literacy instruction,
strategies, and accommodations, including assistive technology,
designed to meet the specific needs of such students;
Provide families of such student with information;
Identify or develop evidence-based professional
development for teachers, principals, other school leaders, and
specialized instructional support personnel to----
Lunderstand early indicators of students at
risk of not attaining full literacy skills due to a
disability, including dyslexia impacting reading or
writing; or developmental delay impacting reading,
writing, language processing, comprehension, or
executive functioning;
Luse evidence-based screening assessments for
early identification of such students beginning no
later than kindergarten; and
Limplement evidence-based instruction designed
to meet the specific needs of such students; and
Disseminate the products of the comprehensive
center to regionally diverse State educational agencies, local
educational agencies, regional educational agencies, and
schools, including, as appropriate, through partnerships with
other comprehensive centers and regional education
laboratories.
I look forward to the creation of the center. It is my hope
that the U.S. Department of Education will award the center to
a highly qualified entity with demonstrated ability and
experience in the specific research on dyslexia and knowledge
of the use of evidence-based programs that have proven
efficacy.
While Committee Democrats voted in support of advancing the
Every Child Achieves Act (ECAA), we believe additional
improvements should be made when it comes to provisions
critical to building an equitable education system that
provides opportunity for all children and fulfills the promise
of the Elementary and Secondary Education Act (ESEA) as a civil
rights statute.
The last reauthorization of ESEA, also known as No Child
Left Behind (NCLB), required States for the first time to hold
schools accountable for the performance of all students,
including groups of historically disadvantaged students such as
low-income students, students of color, students with
disabilities, and students who are English learners.
However, many of NCLB's provisions, particularly the
requirement that 100 percent of students be proficient by the
year 2014 and NCLB's one-size-fits-all requirements for school
identification and intervention had significant flaws and were
overly prescriptive, burdensome, and in need of replacement.
Even with these flaws, since NCLB was enacted, the achievement
gap has narrowed, high school graduation rates have increased,
and our Nation's students have seen stronger educational
opportunities. As the ESEA reauthorization process moves
forward, Committee Democrats will continue to seek to balance
the need for greater State and local flexibility with the need
for important guardrails to ensure that States maintain focus
on the academic needs of all students, regardless of their
backgrounds or the zip codes in which they live.
Provisions in ECAA demonstrate that States are still
expected to hold schools accountable for the performance of all
students, including low-income students, students of color,
students with disabilities, and English learners. For example,
States must include the performance of all students and these
groups of students individually in their accountability
systems. These requirements are intended to ensure that each
school is held accountable not only for overall academic
achievement of all students, but also for the academic
achievement of individual groups of students.
ECAA also requires States and school districts to
distinguish between the lowest performing schools and schools
identified for other reasons, including schools with groups of
students not meeting their annual goals, when identifying and
developing intervention and support strategies for those
schools. It allows districts to tailor interventions and
supports to the needs of the students and schools identified.
While this requirement is intended to send a clear signal
to States that they are still expected to identify the lowest
performing schools and schools where groups of students are
neither growing sufficiently academically nor achieving
academically, and while the Department of Education would be
able to monitor States' compliance with this provision in
accordance with its administrative responsibilities and general
enforcement powers, there are no provisions in the bill that
specifically require States to identify such schools.
This bill does not include a direct requirement to identify
schools where groups of students are underperforming and a
minimum percentage of elementary and secondary schools that are
chronically underperforming, including those high schools in
which high percentages of students do not graduate and which
are not showing significant increases in graduation rates. As a
result, there are valid concerns that States may come under
pressure to no longer identify schools where students are
neither growing academically nor achieving academically.
Identifying these schools and taking the action necessary to
improve schools can be among the most difficult decisions that
State and local leaders face, and support from the Federal
Government is essential to help ensure action is taken.
ECAA provides dedicated funding for States and districts to
implement evidence-based school intervention and support
strategies in these underperforming schools. Committee
Democrats believe the bill must require districts and States to
improve and support chronically low-performing schools and
schools where groups of students are not growing academically
nor achieving academically.
Committee Democrats are also concerned about the nature of
State accountability systems that could be designed under this
bill. States must consider student achievement, graduation
rates for high schools, and one other academic indicator for
elementary and middle schools as ``substantial'' factors. There
are concerns that some States may place insufficient weight on
student outcomes, including on the outcomes of disadvantaged
groups of students.
While NCLB placed too much emphasis on one indicator of
student success derived from a single assessment proficiency
score, it is possible that some States could develop
complicated indexes of metrics to mask low academic performance
of disadvantaged students. While we firmly believe that
accountability systems must take into account multiple measures
of student success, academic achievement and graduation rates
must be the primary factors in such systems. As ECAA moves
forward, the bill needs to ensure academic outcomes are at the
forefront of State accountability systems. It is essential that
the Department of Education has the ability to implement these
and other provisions of the law to ensure that it protects at-
risk students and provides accountability for taxpayer funds.
Congress also needs to continue working to strengthen the
provisions in ECAA related to school interventions and supports
as this bill moves forward. Once schools are identified,
districts and States must provide those schools with the
resources and support needed to carry out evidence-based and
effective interventions to improve. States and districts should
also be responsible for monitoring those interventions and
taking steps to modify, change, or strengthen those
interventions if they are not effective.
While ECAA requires States and districts to establish
systems for this type of monitoring, the bill does not include
a timeline for the additional steps States have to take to
assist school districts if interventions have not proven
effective in low performing schools. Committee Democrats
believe that interventions and supports should be tailored to
unique community needs, school challenges, and reasons for
identification, but also believe that States should establish
timelines for improvement, ensure that schools receive the
support needed to implement interventions, and take additional
steps such as strengthening interventions and supports if
schools do not improve after a certain number of years.
Committee Democrats remain committed to continuing to
strengthen access to equitable resources for all our schools
and students. While this bill improves reporting requirements
for teacher quality, per-pupil expenditures, access to early
childhood education, and other factors, States must also be
required to take responsibility for ensuring that all students
receive equitable access to the resources they need to succeed.
Further, Committee Democrats remain concerned that this
bill does not include legislative language to ensure truly
comparable education spending in high-poverty and low poverty
schools within districts receiving Federal assistance through
title I. The failure to require true comparability of education
spending as a condition of receipt of title I funds has serious
impact on the most under-resourced schools, which often have
higher concentrations of low-income students. The
reauthorization of the ESEA must be seized as an opportunity to
address educational inequity, and ECAA should continue to move
in that direction as it advances.
Committee Democrats remain optimistic that these important
concerns can be addressed as the process moves forward. NCLB is
a broken law that needs to be fixed, and we are very glad that
this bipartisan bill is moving in the right direction. We are
committed to working with our Republican colleagues to advance
these priorities and ensure that every child has the
opportunity to attain an excellent education that prepares him
or her for success in post-secondary education and the
workforce.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing rules of the Senate, changes in existing law made by
the bill as reported are shown as follows: Existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman:
* * * * * * *
ELEMENTARY AND SECONDARY EDUCATION ACT of 1965
* * * * * * *
SECTION 1. SHORT TITLE.
* * *
[SEC. 2. TABLE OF CONTENTS.
[The table of contents for this Act is as follows:
[Sec. 1. Short title.
[Sec. 2. Table of contents.
[TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED]
[Sec. 1001. Statement of purpose.
[Sec. 1002. Authorization of appropriations.
[Sec. 1003. School improvement.
[Sec. 1004. State administration.
[Part A--Improving Basic Programs Operated by Local Educational
Agencies]
[Subpart 1--Basic Program Requirements]
[Sec. 1111. State plans.
[Sec. 1112. Local educational agency plans.
[Sec. 1113. Eligible school attendance areas.
[Sec. 1114. Schoolwide programs.
[Sec. 1115. Targeted assistance schools.
[Sec. 1116. Academic assessment and local educational agency and school
improvement.
[Sec. 1117. School support and recognition.
[Sec. 1118. Parental involvement.
[Sec. 1119. Qualifications for teachers and paraprofessionals.
[Sec. 1120. Participation of children enrolled in private schools.
[Sec. 1120A. Fiscal requirements.
[Sec. 1120B. Coordination requirements.
[Subpart 2--Allocations]
[Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
[Sec. 1122. Allocations to States.
[Sec. 1124. Basic grants to local educational agencies.
[Sec. 1124A. Concentration grants to local educational agencies.
[Sec. 1125. Targeted grants to local educational agencies.
[Sec. 1125AA. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after fiscal year 2001.
[Sec. 1125A. Education finance incentive grant program.
[Sec. 1126. Special allocation procedures.
[Sec. 1127. Carryover and waiver.
[Part B--Student Reading Skills Improvement Grants]
[Subpart 1--Reading First]
[Sec. 1201. Purposes.
[Sec. 1202. Formula grants to State educational agencies.
[Sec. 1203. State formula grant applications.
[Sec. 1204. Targeted assistance grants.
[Sec. 1205. External evaluation.
[Sec. 1206. National activities.
[Sec. 1207. Information dissemination.
[Sec. 1208. Definitions.
[Subpart 2--Early Reading First]
[Sec. 1221. Purposes; definitions.
[Sec. 1222. Local Early Reading First grants.
[Sec. 1223. Federal administration.
[Sec. 1224. Information dissemination.
[Sec. 1225. Reporting requirements.
[Sec. 1226. Evaluation.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs]
[Sec. 1231. Statement of purpose.
[Sec. 1232. Program authorized.
[Sec. 1233. State educational agency programs.
[Sec. 1234. Uses of funds.
[Sec. 1235. Program elements.
[Sec. 1236. Eligible participants.
[Sec. 1237. Applications.
[Sec. 1238. Award of subgrants.
[Sec. 1239. Evaluation.
[Sec. 1240. Indicators of program quality.
[Sec. 1241. Research.
[Sec. 1242. Construction.
[Subpart 4--Improving Literacy Through School Libraries]
[Sec. 1251. Improving literacy through school libraries.
[Part C--Education of Migratory Children]
[Sec. 1301. Program purpose.
[Sec. 1302. Program authorized.
[Sec. 1303. State allocations.
[Sec. 1304. State applications; services.
[Sec. 1305. Secretarial approval; peer review.
[Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
[Sec. 1307. Bypass.
[Sec. 1308. Coordination of migrant education activities.
[Sec. 1309. Definitions.
[Part D--Prevention and Intervention Programs for Children and Youth who
are Neglected, Delinquent, or At-risk]
[Sec. 1401. Purpose and program authorization.
[Sec. 1402. Payments for programs under this part.
[Subpart 1--State Agency Programs]
[Sec. 1411. Eligibility.
[Sec. 1412. Allocation of funds.
[Sec. 1413. State reallocation of funds.
[Sec. 1414. State plan and State agency applications.
[Sec. 1415. Use of funds.
[Sec. 1416. Institution-wide projects.
[Sec. 1417. Three-year programs or projects.
[Sec. 1418. Transition services.
[Sec. 1419. Evaluation; technical assistance; annual model program.
[Subpart 2--Local Agency Programs]
[Sec. 1421. Purpose.
[Sec. 1422. Programs operated by local educational agencies.
[Sec. 1423. Local educational agency applications.
[Sec. 1424. Uses of funds.
[Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
[Sec. 1426. Accountability.
[Subpart 3--General Provisions]
[Sec. 1431. Program evaluations.
[Sec. 1432. Definitions.
[Part E--National Assessment of Title I
[Sec. 1501. Evaluations.
[Sec. 1502. Demonstrations of innovative practices.
[Sec. 1503. Assessment evaluation.
[Sec. 1504. Close Up fellowship program.
[Part F--Comprehensive School Reform]
[Sec. 1601. Purpose.
[Sec. 1602. Program authorization.
[Sec. 1603. State applications.
[Sec. 1604. State use of funds.
[Sec. 1605. Local applications.
[Sec. 1606. Local use of funds.
[Sec. 1607. Evaluation and reports.
[Sec. 1608. Quality initiatives.
[Part G--Advanced Placement Programs]
[Sec. 1701. Short title.
[Sec. 1702. Purposes.
[Sec. 1703. Funding distribution rule.
[Sec. 1704. Advanced placement test fee program.
[Sec. 1705. Advanced placement incentive program grants.
[Sec. 1706. Supplement, not supplant.
[Sec. 1707. Definitions.
[Part H--School Dropout Prevention]
[Sec. 1801. Short title.
[Sec. 1802. Purpose.
[Sec. 1803. Authorization of appropriations.
[Subpart 1--Coordinated National Strategy]
[Sec. 1811. National activities.
[Subpart 2--School Dropout Prevention Initiative]
[Sec. 1821. Definitions.
[Sec. 1822. Program authorized.
[Sec. 1823. Applications.
[Sec. 1824. State reservation.
[Sec. 1825. Strategies and capacity building.
[Sec. 1826. Selection of local educational agencies for subgrants.
[Sec. 1827. Community based organizations.
[Sec. 1828. Technical assistance.
[Sec. 1829. School dropout rate calculation.
[Sec. 1830. Reporting and accountability.
[Part I--General Provisions]
[Sec. 1901. Federal regulations.
[Sec. 1902. Agreements and records.
[Sec. 1903. State administration.
[Sec. 1904. Local educational agency spending audits.
[Sec. 1905. Prohibition against Federal mandates, direction, or control.
[Sec. 1906. Rule of construction on equalized spending.
[Sec. 1907. State report on dropout data.
[Sec. 1908. Regulations for sections 1111 and 1116.
[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND
PRINCIPALS]
[Part A--Teacher and Principal Training and Recruiting Fund]
[Sec. 2101. Purpose.
[Sec. 2102. Definitions.
[Sec. 2103. Authorizations of appropriations.
[Subpart 1--Grants to States]
[Sec. 2111. Allotments to States.
[Sec. 2112. State applications.
[Sec. 2113. State use of funds.
[Subpart 2--Subgrants to Local Educational Agencies]
[Sec. 2121. Allocations to local educational agencies.
[Sec. 2122. Local applications and needs assessment.
[Sec. 2123. Local use of funds.
[Subpart 3--Subgrants to Eligible Partnerships]
[Sec. 2131. Definitions.
[Sec. 2132. Subgrants.
[Sec. 2133. Applications.
[Sec. 2134. Use of funds.
[Subpart 4--Accountability]
[Sec. 2141. Technical assistance and accountability.
[Subpart 5--National Activities]
[Sec. 2151. National activities of demonstrated effectiveness.
[Part B--Mathematics and Science Partnerships]
[Sec. 2201. Purpose; definitions.
[Sec. 2202. Grants for mathematics and science partnerships.
[Sec. 2203. Authorization of appropriations.
[Part C--Innovation for Teacher Quality]
[Subpart 1--Transitions to Teaching]
[Chapter A (relating to Troops-To-Teachers Program) was repealed by
section 541(d) of division A of Public Law 112-239.]
[CHAPTER B--TRANSITION TO TEACHING PROGRAM]
[Sec. 2311. Purposes.
[Sec. 2312. Definitions.
[Sec. 2313. Grant program.
[Sec. 2314. Evaluation and accountability for recruiting and retaining
teachers.
[CHAPTER C--GENERAL PROVISIONS]
[Sec. 2321. Authorization of appropriations.
[Subpart 2--National Writing Project]
[Sec. 2331. Purposes.
[Sec. 2332. National Writing Project.
[Subpart 3--Civic Education]
[Sec. 2341. Short title.
[Sec. 2342. Purpose.
[Sec. 2343. General authority.
[Sec. 2344. We the People program.
[Sec. 2345. Cooperative civic education and economic education exchange
programs.
[Sec. 2346. Authorization of appropriations.
[Subpart 4--Teaching of Traditional American History]
[Sec. 2351. Establishment of program.
[Sec. 2352. Authorization of appropriations.
[Subpart 5--Teacher Liability Protection]
[Sec. 2361. Short title.
[Sec. 2362. Purpose.
[Sec. 2363. Definitions.
[Sec. 2364. Applicability.
[Sec. 2365. Preemption and election of State nonapplicability.
[Sec. 2366. Limitation on liability for teachers.
[Sec. 2367. Allocation of responsibility for noneconomic loss.
[Sec. 2368. Effective date.
[Part D--Enhancing Education Through Technology]
[Sec. 2401. Short title.
[Sec. 2402. Purposes and goals.
[Sec. 2403. Definitions.
[Sec. 2404. Authorization of appropriations.
[Subpart 1--State and Local Technology Grants]
[Sec. 2411. Allotment and reallotment.
[Sec. 2412. Use of allotment by State.
[Sec. 2413. State applications.
[Sec. 2414. Local applications.
[Sec. 2415. State activities.
[Sec. 2416. Local activities.
[Subpart 2--National Technology Activities]
[Sec. 2421. National activities.
[Sec. 2422. National education technology plan.
[Subpart 3--Ready-to-Learn Television]
[Sec. 2431. Ready-to-Learn Television.
[Subpart 4--Limitation on Availability of Certain Funds for Schools]
[Sec. 2441. Internet safety.
[TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS]
[Sec. 3001. Authorizations of appropriations; condition on effectiveness
of parts.
[Part A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act]
[Sec. 3101. Short title.
[Sec. 3102. Purposes.
[Subpart 1--Grants and Subgrants for English Language Acquisition and
Language Enhancement]
[Sec. 3111. Formula grants to States.
[Sec. 3112. Native American and Alaska Native children in school.
[Sec. 3113. State and specially qualified agency plans.
[Sec. 3114. Within-State allocations.
[Sec. 3115. Subgrants to eligible entities.
[Sec. 3116. Local plans.
[Subpart 2--Accountability and Administration]
[Sec. 3121. Evaluations.
[Sec. 3122. Achievement objectives and accountability.
[Sec. 3123. Reporting requirements.
[Sec. 3124. Coordination with related programs.
[Sec. 3125. Rules of construction.
[Sec. 3126. Legal authority under State law.
[Sec. 3127. Civil rights.
[Sec. 3128. Programs for Native Americans and Puerto Rico.
[Sec. 3129. Prohibition.
[Subpart 3--National Activities]
[Sec. 3131. National professional development project.
[Subpart 4--Definitions]
[Sec. 3141. Eligible entity.
[Part B--Improving Language Instruction Educational Programs]
[Sec. 3201. Short title.
[Sec. 3202. Purpose.
[Sec. 3203. Native American children in school.
[Sec. 3204. Residents of the territories and freely associated states.
[Subpart 1--Program Development and Enhancement]
[Sec. 3211. Financial assistance for language instruction educational
programs.
[Sec. 3212. Program enhancement activities.
[Sec. 3213. Comprehensive school and systemwide improvement activities.
[Sec. 3214. Applications.
[Sec. 3215. Capacity building.
[Sec. 3216. Programs for Native Americans and Puerto Rico.
[Sec. 3217. Evaluations.
[Sec. 3218. Construction.
[Subpart 2--Research, Evaluation, and Dissemination]
[Sec. 3221. Authority.
[Sec. 3222. Research.
[Sec. 3223. Academic excellence awards.
[Sec. 3224. State grant program.
[Sec. 3225. Instruction materials development.
[Subpart 3--Professional Development]
[Sec. 3231. Professional development grants.
[Subpart 4--Emergency Immigrant Education Program]
[Sec. 3241. Purpose.
[Sec. 3242. State administrative costs.
[Sec. 3243. Withholding.
[Sec. 3244. State allotments.
[Sec. 3245. State applications.
[Sec. 3246. Administrative provisions.
[Sec. 3247. Uses of funds.
[Sec. 3248. Reports.
[Subpart 5--Administration]
[Sec. 3251. Release time.
[Sec. 3252. Notification.
[Sec. 3253. Coordination and reporting requirements.
[Part C--General Provisions
[Sec. 3301. Definitions.
[Sec. 3302. Parental notification.
[Sec. 3303. National Clearinghouse.
[Sec. 3304. Regulations.
[TITLE IV--21ST CENTURY SCHOOLS]
[Part A--Safe and Drug-Free Schools and Communities]
[Sec. 4001. Short title.
[Sec. 4002. Purpose.
[Sec. 4003. Authorization of appropriations.
[Subpart 1--State Grants]
[Sec. 4111. Reservations and allotments.
[Sec. 4112. Reservation of State funds for safe and drug-free schools.
[Sec. 4113. State application.
[Sec. 4114. Local educational agency program.
[Sec. 4115. Authorized activities.
[Sec. 4116. Reporting.
[Sec. 4117. Programs for Native Hawaiians.
[Subpart 2--National Programs]
[Sec. 4121. Federal activities.
[Sec. 4122. Impact evaluation.
[Sec. 4123. Hate crime prevention.
[Sec. 4124. Safe and Drug-Free Schools and Communities Advisory
Committee.
[Sec. 4125. National coordinator program.
[Sec. 4126. Community service grant program.
[Sec. 4127. School Security Technology and Resource Center.
[Sec. 4128. National Center for School and Youth Safety.
[Sec. 4129. Grants to reduce alcohol abuse.
[Sec. 4130. Mentoring programs.
[Subpart 3--Gun Possession]
[Sec. 4141. Gun-free requirements.
[Subpart 4--General Provisions]
[Sec. 4151. Definitions.
[Sec. 4152. Message and materials.
[Sec. 4153. Parental consent.
[Sec. 4154. Prohibited uses of funds.
[Sec. 4155. Transfer of school disciplinary records.
[Part B--21st Century Community Learning Centers]
[Sec. 4201. Purpose; definitions.
[Sec. 4202. Allotments to States.
[Sec. 4203. State application.
[Sec. 4204. Local competitive grant program.
[Sec. 4205. Local activities.
[Sec. 4206. Authorization of appropriations.
[Part C--Environmental Tobacco Smoke]
[Sec. 4301. Short title.
[Sec. 4302. Definitions.
[Sec. 4303. Nonsmoking policy for children's services.
[Sec. 4304. Preemption.
[TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS]
[Part A--Innovative Programs]
[Sec. 5101. Purposes, State and local responsibility.
[Subpart 1--State and Local Programs]
[Sec. 5111. Allotment to States.
[Sec. 5112. Allocation to local educational agencies.
[Subpart 2--State Programs]
[Sec. 5121. State uses of funds.
[Sec. 5122. State applications.
[Subpart 3--Local Innovative Education Programs]
[Sec. 5131. Local uses of funds.
[Sec. 5132. Administrative authority.
[Sec. 5133. Local applications.
[Subpart 4--General Provisions]
[Sec. 5141. Maintenance of effort.
[Sec. 5142. Participation of children enrolled in private schools.
[Sec. 5143. Federal administration.
[Sec. 5144. Supplement, not supplant.
[Sec. 5145. Definitions.
[Sec. 5146. Authorization of appropriations.
[Part B--Public Charter Schools]
[Subpart 1--Charter School Programs]
[Sec. 5201. Purpose.
[Sec. 5202. Program authorized.
[Sec. 5203. Applications.
[Sec. 5204. Administration.
[Sec. 5205. National activities.
[Sec. 5206. Federal formula allocation during first year and for
successive enrollment expansions.
[Sec. 5207. Solicitation of input from charter school operators.
[Sec. 5208. Records transfer.
[Sec. 5209. Paperwork reduction.
[Sec. 5210. Definitions.
[Sec. 5211. Authorization of appropriations.
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation]
[Sec. 5221. Purpose.
[Sec. 5222. Grants to eligible entities.
[Sec. 5223. Applications.
[Sec. 5224. Charter school objectives.
[Sec. 5225. Reserve account.
[Sec. 5226. Limitation on administrative costs.
[Sec. 5227. Audits and reports.
[Sec. 5228. No full faith and credit for grantee obligations.
[Sec. 5229. Recovery of funds.
[Sec. 5230. Definitions.
[Sec. 5231. Authorization of appropriations.
[Subpart 3--Voluntary Public School Choice Programs]
[Sec. 5241. Grants.
[Sec. 5242. Uses of funds.
[Sec. 5243. Applications.
[Sec. 5244. Priorities.
[Sec. 5245. Requirements and voluntary participation.
[Sec. 5246. Evaluations.
[Sec. 5247. Definitions.
[Sec. 5248. Authorization of appropriations.
[Part C--Magnet Schools Assistance]
[Sec. 5301. Findings and purpose.
[Sec. 5302. Definition.
[Sec. 5303. Program authorized.
[Sec. 5304. Eligibility.
[Sec. 5305. Applications and requirements.
[Sec. 5306. Priority.
[Sec. 5307. Use of funds.
[Sec. 5308. Prohibition.
[Sec. 5309. Limitations.
[Sec. 5310. Evaluations.
[Sec. 5311. Authorization of appropriations; reservation.
[Part D--Fund for the Improvement of Education]
[Sec. 5401. Authorization of appropriations.
[Subpart 1--Fund for the Improvement of Education]
[Sec. 5411. Programs authorized.
[Sec. 5412. Applications.
[Sec. 5413. Program requirements.
[Sec. 5414. Studies of national significance.
[Subpart 2--Elementary and Secondary School Counseling Programs]
[Sec. 5421. Elementary and secondary school counseling programs.
[Subpart 3--Partnerships in Character Education]
[Sec. 5431. Partnerships in Character Education program.
[Subpart 4--Smaller Learning Communities]
[Sec. 5441. Smaller learning communities.
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program ]
[Sec. 5451. Inexpensive book distribution program for reading
motivation.
[Subpart 6--Gifted and Talented Students]
[Sec. 5461. Short title.
[Sec. 5462. Purpose.
[Sec. 5463. Rule of construction.
[Sec. 5464. Authorized programs.
[Sec. 5465. Program priorities.
[Sec. 5466. General provisions.
[Subpart 7--Star Schools Program]
[Sec. 5471. Short title.
[Sec. 5472. Purposes.
[Sec. 5473. Grant program authorized.
[Sec. 5474. Applications.
[Sec. 5475. Other grant assistance.
[Sec. 5476. Administrative provisions.
[Sec. 5477. Definitions.
[Subpart 8--Ready to Teach]
[Sec. 5481. Grants.
[Sec. 5482. Application required.
[Sec. 5483. Reports and evaluation.
[Sec. 5484. Digital educational programming grants.
[Sec. 5485. Administrative costs.
[Subpart 9--Foreign Language Assistance Program]
[Sec. 5491. Short title.
[Sec. 5492. Program authorized.
[Sec. 5493. Applications.
[Sec. 5494. Elementary school foreign language incentive program.
[Subpart 10--Physical Education]
[Sec. 5501. Short title.
[Sec. 5502. Purpose.
[Sec. 5503. Program authorized.
[Sec. 5504. Applications.
[Sec. 5505. Requirements.
[Sec. 5506. Administrative provisions.
[Sec. 5507. Supplement, not supplant.
[Subpart 11--Community Technology Centers]
[Sec. 5511. Purpose and program authorization.
[Sec. 5512. Eligibility and application requirements.
[Sec. 5513. Uses of funds.
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts]
[Sec. 5521. Short title.
[Sec. 5522. Findings and purposes.
[Sec. 5523. Program authorization.
[Sec. 5524. Administrative provisions.
[Sec. 5525. Availability of funds.
[Sec. 5526. Definitions.
[Subpart 13--Excellence in Economic Education]
[Sec. 5531. Short title.
[Sec. 5532. Purpose and goals.
[Sec. 5533. Grant program authorized.
[Sec. 5534. Applications.
[Sec. 5535. Requirements.
[Sec. 5536. Administrative provisions.
[Sec. 5537. Supplement, not supplant.
[Subpart 14--Grants to Improve the Mental Health of Children]
[Sec. 5541. Grants for the integration of schools and mental health
systems.
[Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
[Subpart 15--Arts in Education]
[Sec. 5551. Assistance for arts education.
[Subpart 16--Parental Assistance and Local Family Information Centers]
[Sec. 5561. Purposes.
[Sec. 5562. Grants authorized.
[Sec. 5563. Applications.
[Sec. 5564. Uses of funds.
[Sec. 5565. Administrative provisions.
[Sec. 5566. Local family information centers.
[Subpart 17--Combatting Domestic Violence]
[Sec. 5571. Grants to combat the impact of experiencing or witnessing
domestic violence on elementary and secondary school children.
[Subpart 18--Healthy, High-Performance Schools]
[Sec. 5581. Grant program authorized.
[Sec. 5582. State uses of funds.
[Sec. 5583. Local uses of funds.
[Sec. 5584. Report to Congress.
[Sec. 5585. Limitations.
[Sec. 5586. Healthy, high-performance school building defined.
[Subpart 19--Grants for Capital Expenses of Providing Equitable Services
for Private School Students]
[Sec. 5591. Grant program authorized.
[Sec. 5592. Uses of funds.
[Sec. 5593. Allotments to States.
[Sec. 5594. Subgrants to local educational agencies.
[Sec. 5595. Capital expenses defined.
[Sec. 5596. Termination.
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition]
[Sec. 5601. Reservation.
[Sec. 5602. Eligibility.
[Sec. 5603. Maximum amount.
[Subpart 21--Women's Educational Equity Act]
[Sec. 5611. Short title and findings.
[Sec. 5612. Statement of purpose.
[Sec. 5613. Programs authorized.
[Sec. 5614. Applications.
[Sec. 5615. Criteria and priorities.
[Sec. 5616. Report.
[Sec. 5617. Administration.
[Sec. 5618. Amount.
[TITLE VI--FLEXIBILITY AND ACCOUNTABILITY]
[Part A--Improving Academic Achievement]
[Subpart 1--Accountability]
[Sec. 6111. Grants for State assessments and related activities.
[Sec. 6112. Grants for enhanced assessment instruments.
[Sec. 6113. Funding.
[Subpart 2--Funding Transferability for State and Local Educational
Agencies]
[Sec. 6121. Short title.
[Sec. 6122. Purpose.
[Sec. 6123. Transferability of funds.
[Subpart 3--State and Local Flexibility Demonstration]
[Sec. 6131. Short title.
[Sec. 6132. Purpose.
[Sec. 6133. General provision.
[CHAPTER A--STATE FLEXIBILITY AUTHORITY]
[Sec. 6141. State flexibility.
[Sec. 6142. Consolidation and use of funds.
[Sec. 6143. Performance review and penalties.
[Sec. 6144. Renewal of grant of flexibility authority.
[CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]
[Sec. 6151. Local flexibility demonstration agreements.
[Sec. 6152. Consolidation and use of funds.
[Sec. 6153. Limitations on administrative expenditures.
[Sec. 6154. Performance review and penalties.
[Sec. 6155. Renewal of local flexibility demonstration agreement.
[Sec. 6156. Reports.
[Subpart 4--State Accountability for Adequate Yearly Progress]
[Sec. 6161. Accountability for adequate yearly progress.
[Sec. 6162. Peer review.
[Sec. 6163. Technical assistance.
[Sec. 6164. Report to Congress.
[Part B--Rural Education Initiative]
[Sec. 6201. Short title.
[Sec. 6202. Purpose.
[Subpart 1--Small, Rural School Achievement Program]
[Sec. 6211. Use of applicable funding.
[Sec. 6212. Grant program authorized.
[Sec. 6213. Accountability.
[Subpart 2--Rural and Low-Income School Program]
[Sec. 6221. Program authorized.
[Sec. 6222. Uses of funds.
[Sec. 6223. Applications.
[Sec. 6224. Accountability.
[Subpart 3--General Provisions]
[Sec. 6231. Annual average daily attendance determination.
[Sec. 6232. Supplement, not supplant.
[Sec. 6233. Rule of construction.
[Sec. 6234. orization of appropriations.
[Part C--General Provisions]
[Sec. 6301. Prohibition against Federal mandates, direction, or control.
[Sec. 6302. Rule of construction on equalized spending.
[TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION]
[Part A--Indian Education]
[Sec. 7101. Statement of policy.
[Sec. 7102. Purpose.
[Subpart 1--Formula Grants to Local Educational Agencies]
[Sec. 7111. Purpose.
[Sec. 7112. Grants to local educational agencies and tribes.
[Sec. 7113. Amount of grants.
[Sec. 7114. Applications.
[Sec. 7115. Authorized services and activities.
[Sec. 7116. Integration of services authorized.
[Sec. 7117. Student eligibility forms.
[Sec. 7118. Payments.
[Sec. 7119. State educational agency review.
[Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children]
[Sec. 7121. Improvement of educational opportunities for Indian
children.
[Sec. 7122. Professional development for teachers and education
professionals.
[Subpart 3--National Activities]
[Sec. 7131. National research activities.
[Sec. 7132. In-service training for teachers of Indian children.
[Sec. 7133. Fellowships for Indian students.
[Sec. 7134. Gifted and talented Indian students.
[Sec. 7135. Grants to tribes for education administrative planning and
development.
[Sec. 7136. Improvement of educational opportunities for adult Indians.
[Subpart 4--Federal Administration]
[Sec. 7141. National Advisory Council on Indian Education.
[Sec. 7142. Peer review.
[Sec. 7143. Preference for Indian applicants.
[Sec. 7144. Minimum grant criteria.
[Subpart 5--Definitions; Authorizations of Appropriations]
[Sec. 7151. Definitions.
[Sec. 7152. Authorizations of appropriations.
[Part B--Native Hawaiian Education]
[Sec. 7201. Short title.
[Sec. 7202. Findings.
[Sec. 7203. Purposes.
[Sec. 7204. Native Hawaiian Education Council and island councils.
[Sec. 7205. Program authorized.
[Sec. 7206. Administrative provisions.
[Sec. 7207. Definitions.
[Part C--Aalaska Native Education]
[Sec. 7301. Short title.
[Sec. 7302. Findings.
[Sec. 7303. Purposes.
[Sec. 7304. Program authorized.
[Sec. 7305. Administrative provisions.
[Sec. 7306. Definitions.
[TITLE VIII--IMPACT AID]
[Sec. 8001. Purpose.
[Sec. 8002. Payments relating to Federal acquisition of real property.
[Sec. 8003. Payments for eligible federally connected children.
[Sec. 8004. Policies and procedures relating to children residing on
Indian lands.
[Sec. 8005. Application for payments under sections 8002 and 8003.
[Sec. 8007. Construction.
[Sec. 8008. Facilities.
[Sec. 8009. State consideration of payments in providing State aid.
[Sec. 8010. Federal administration.
[Sec. 8011. Administrative hearings and judicial review.
[Sec. 8012. Forgiveness of overpayments.
[Sec. 8013. Definitions.
[Sec. 8014. Authorization of appropriations.
[TITLE IX--GENERAL PROVISIONS]
[Part A--Definitions]
[Sec. 9101. Definitions.
[Sec. 9102. Applicability of title.
[Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.
[Part B--Flexibility in the use of Administrative and Other Funds]
[Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
[Sec. 9202. Single local educational agency States.
[Sec. 9203. Consolidation of funds for local administration.
[Sec. 9204. Consolidated set-aside for Department of the Interior funds.
[Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications]
[Sec. 9301. Purpose.
[Sec. 9302. Optional consolidated State plans or applications.
[Sec. 9303. Consolidated reporting.
[Sec. 9304. General applicability of State educational agency
assurances.
[Sec. 9305. Consolidated local plans or applications.
[Sec. 9306. Other general assurances.
[Part D--Waivers]
[Sec. 9401. Waivers of statutory and regulatory requirements.
[Part E--Uniform Provisions]
[Subpart 1--Private Schools]
[Sec. 9501. Participation by private school children and teachers.
[Sec. 9502. Standards for by-pass.
[Sec. 9503. Complaint process for participation of private school
children.
[Sec. 9504. By-pass determination process.
[Sec. 9505. Prohibition against funds for religious worship or
instruction.
[Sec. 9506. Private, religious, and home schools.
[Subpart 2--Other Provisions]
[Sec. 9521. Maintenance of effort.
[Sec. 9522. Prohibition regarding State aid.
[Sec. 9523. Privacy of assessment results.
[Sec. 9524. School prayer.
[Sec. 9525. Equal access to public school facilities.
[Sec. 9526. General prohibitions.
[Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
[Sec. 9528. Armed Forces recruiter access to students and student
recruiting information.
[Sec. 9529. Prohibition on federally sponsored testing.
[Sec. 9530. Limitations on national testing or certification for
teachers.
[Sec. 9531. Prohibition on nationwide database.
[Sec. 9532. Unsafe school choice option.
[Sec. 9533. Prohibition on discrimination.
[Sec. 9534. Civil rights.
[Sec. 9535. Rulemaking.
[Sec. 9536. Severability.
[Part F--Evaluations]
[Sec. 9601. Evaluations.]
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. State administration.
PART A--Improving Basic Programs Operated by Local Educational Agencies
subpart 1--basic program requirements
Sec. 1111. State plans.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas; schoolwide programs;
targeted assistance programs.
Sec. 1114. School identification, interventions, and supports.
Sec. 1115. Parent and family engagement.
Sec. 1116. Participation of children enrolled in private schools.
Sec. 1117. Fiscal requirements.
Sec. 1118. Coordination requirements.
subpart 2--allocations
Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after
fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
Sec. 1127. Carryover and waiver.
PART B--Academic Assessments
Sec. 1201. Grants for State assessments and related activities.
Sec. 1202. Grants for enhanced assessment instruments.
Sec. 1203. Audits of assessment systems.
Sec. 1204. Funding.
Sec. 1205. Innovative assessment and accountability demonstration
authority.
PART C--Education of Migratory Children
Sec. 1301. Program purpose.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
Sec. 1307. Bypass.
Sec. 1308. Coordination of migrant education activities.
Sec. 1309. Definitions.
PART D--Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or At-Risk
Sec. 1401. Purpose and program authorization.
Sec. 1402. Payments for programs under this part.
subpart 1--state agency programs
Sec. 1411. Eligibility.
Sec. 1412. Allocation of funds.
Sec. 1413. State reallocation of funds.
Sec. 1414. State plan and State agency applications.
Sec. 1415. Use of funds.
Sec. 1416. Institution-wide projects.
Sec. 1417. Three-year programs or projects.
Sec. 1418. Transition services.
Sec. 1419. Evaluation; technical assistance; annual model program.
subpart 2--local agency programs
Sec. 1421. Purpose.
Sec. 1422. Programs operated by local educational agencies.
Sec. 1423. Local educational agency applications.
Sec. 1424. Uses of funds.
Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
Sec. 1426. Accountability.
subpart 3--general provisions
Sec. 1431. Program evaluations.
Sec. 1432. Definitions.
PART E--General Provisions
Sec. 1501. Federal regulations.
Sec. 1502. Agreements and records.
Sec. 1503. State administration.
Sec. 1504. Prohibition against Federal mandates, direction, or control.
Sec. 1505. Rule of construction on equalized spending.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS
Sec. 2001. Purpose.
Sec. 2002. Definitions.
Sec. 2003. Authorization of appropriations.
PART A--Fund for the Improvement of Teaching and Learning
Sec. 2101. Formula grants to States.
Sec. 2102. Subgrants to local educational agencies.
Sec. 2103. Local use of funds.
Sec. 2104. Reporting.
Sec. 2105. National activities of demonstrated effectiveness.
Sec. 2106. Supplement, not supplant.
PART B--Teacher and School Leader Incentive Program
Sec. 2201. Purposes; definitions.
Sec. 2202. Teacher and school leader incentive fund grants.
Sec. 2203. Reports.
PART C--American History and Civics Education
Sec. 2301. Program authorized.
Sec. 2302. Teaching of traditional American history.
Sec. 2303. Presidential and congressional academies for American
history and civics.
Sec. 2304. National activities.
Sec. 2305. Authorization of appropriations.
PART D--Literacy Education For All, Results For the Nation
Sec. 2401. Purposes; definitions.
Sec. 2402. Comprehensive literacy State development grants.
Sec. 2403. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
Sec. 2404. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
Sec. 2405. National evaluation and information dissemination.
Sec. 2406. Supplement, not supplant.
PART E--Improving Science, Technology, Engineering, and Mathematics
Instruction and Student Achievement.
Sec. 2451. Purpose.
Sec. 2452. Definitions.
Sec. 2453. Grants; allotments.
Sec. 2454. Applications.
Sec. 2455. Authorized activities.
Sec. 2456. Performance metrics; report; evaluation.
Sec. 2406. Supplement, not supplant.
PART F--General Provisions
Sec. 2501. Rules of construction.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
Sec. 3001. Authorization of appropriations.
PART A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act
Sec. 3101. Short title.
Sec. 3102. Purposes.
subpart 1--grants and subgrants for english language acquisition and
language enhancement
Sec. 3111. Formula grants to States.
Sec. 3112. Native American and Alaska Native children in school.
Sec. 3113. State and specially qualified agency plans.
Sec. 3114. Within-State allocations.
Sec. 3115. Subgrants to eligible entities.
Sec. 3116. Local plans.
subpart 2--accountability and administration
Sec. 3121. Reporting.
Sec. 3122. Reporting requirements.
Sec. 3123. Coordination with related programs.
Sec. 3124. Rules of construction.
Sec. 3125. Legal authority under State law.
Sec. 3126. Civil rights.
Sec. 3127. Programs for Native Americans and Puerto Rico.
Sec. 3128. Prohibition.
subpart 3--national activities
Sec. 3131. National professional development project.
subpart 4--definitions
Sec. 3141. Definitions.
PART B--General Provisions
Sec. 3201. Definitions.
Sec. 3202. National clearinghouse.
Sec. 3203. Regulations.
TITLE IV--SAFE AND HEALTHY STUDENTS
PART A--Grants to States and Local Educational Agencies
Sec. 4101. Purpose.
Sec. 4102. Definitions.
Sec. 4103. Formula grants to States.
Sec. 4104. Subgrants to local educational agencies.
Sec. 4105. Local educational agency authorized activities.
Sec. 4106. Supplement, not supplant.
Sec. 4107. Prohibitions.
Sec. 4108. Authorization of appropriations.
PART B--21st Century Community Learning Centers
Sec. 4201. Purpose; definitions.
Sec. 4202. Allotments to States.
Sec. 4203. State application.
Sec. 4204. Local competitive grant program.
Sec. 4205. Local activities.
Sec. 4206. Authorization of appropriations.
PART C--Elementary School and Secondary School Counseling Programs
Sec. 4301. Elementary school and secondary school counseling programs.
PART D--Physical Education Program
Sec. 4401. Purpose.
Sec. 4402. Program authorized.
Sec. 4403. Applications.
Sec. 4404. Requirements.
Sec. 4405. Administrative provisions.
Sec. 4406. Supplement, not supplant.
Sec. 4407. Authorization of appropriations.
TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION
PART A--Public Charter Schools
Sec. 5101. Purpose.
Sec. 5102. Program authorized.
Sec. 5103. Grants to support high-quality charter schools.
Sec. 5104. Facilities financing assistance.
Sec. 5105. National activities.
Sec. 5106. Federal formula allocation during first year and for
successive enrollment expansions.
Sec. 5107. Solicitation of input from charter school operators.
Sec. 5108. Records transfer.
Sec. 5109. Paperwork reduction.
Sec. 5110. Definitions.
Sec. 5111. Authorization of appropriations.
PART B--Magnet Schools Assistance
Sec. 5201. Findings and purpose.
Sec. 5202. Definition.
Sec. 5203. Program authorized.
Sec. 5204. Eligibility.
Sec. 5205. Applications and requirements.
Sec. 5206. Priority.
Sec. 5207. Use of funds.
Sec. 5208. Limitations.
Sec. 5209. Authorization of appropriations; reservation.
PART C--Supporting High-ability Learners and Learning
Sec. 5301. Short title.
Sec. 5302. Purpose.
Sec. 5303. Rule of construction.
Sec. 5304. Authorized programs.
Sec. 5305. Program priorities.
Sec. 5306. General provisions.
Sec. 5307. Authorization of appropriations.
PART D--Education Innovation and Research
Sec. 5401. Grants for education innovation and research.
PART E--Accelerated Learning
Sec. 5501. Short title.
Sec. 5502. Purposes.
Sec. 5503. Funding distribution rule.
Sec. 5504. Accelerated learning examination fee program.
Sec. 5505. Accelerated learning incentive program grants.
Sec. 5506. Supplement, not supplant.
Sec. 5507. Definitions.
Sec. 5508. Authorization of appropriations.
PART F--Ready-to-Learn Television
Sec. 5601. Ready-To-Learn.
PART G--Innovative Technology Expands Children's Horizons (I-TECH)
Sec. 5701. Purposes.
Sec. 5702. Definitions.
Sec. 5703. Technology grants program authorized.
Sec. 5704. State applications.
Sec. 5705. State use of grant funds.
Sec. 5706. Local subgrants.
Sec. 5707. Reporting.
Sec. 5708. Authorization.
PART H--Literacy and Arts Education
Sec. 5801. Literacy and arts education.
PART I--Early Learning Alignment and Improvement Grants
Sec. 5901. Purposes; definitions.
Sec. 5902. Early learning alignment and improvement grants.
Sec. 5903. Authorization of appropriations.
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
Sec. 6001. Purposes.
PART A--Improving Academic Achievement
subpart 1--funding transferability for state and local educational
agencies
Sec. 6111. Short title.
Sec. 6112. Purpose.
Sec. 6113. Transferability of funds.
subpart 2--weighted student funding flexibility pilot program
Sec. 6121. Weighted student funding flexibility pilot program.
PART B--Rural Education Initiative
Sec. 6201. Short title.
Sec. 6202. Purpose.
subpart 1--small, rural school achievement program
Sec. 6211. Use of applicable funding.
Sec. 6212. Grant program authorized.
Sec. 6213. Academic achievement assessments.
subpart 2--rural and low-income school program
Sec. 6221. Program authorized.
Sec. 6222. Uses of funds.
Sec. 6223. Applications.
Sec. 6224. Accountability.
Sec. 6225. Choice of participation.
subpart 3--general provisions
Sec. 6231. Annual average daily attendance determination.
Sec. 6232. Supplement, not supplant.
Sec. 6233. Rule of construction.
Sec. 6234. Authorization of appropriations.
PART C--General Provisions
Sec. 6301. Prohibition against Federal mandates, direction, or control.
Sec. 6302. Rule of construction on equalized spending.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A--Indian Education
Sec. 7101. Statement of policy.
Sec. 7102. Purpose.
subpart 1--formula grants to local educational agencies
Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Applications.
Sec. 7115. Authorized services and activities.
Sec. 7116. Integration of services authorized.
Sec. 7117. Student eligibility forms.
Sec. 7118. Payments.
Sec. 7119. State educational agency review.
subpart 2--special programs and projects to improve educational
opportunities for indian children
Sec. 7121. Improvement of educational opportunities for Indian children
and youth.
Sec. 7122. Professional development for teachers and education
professionals.
subpart 3--national activities
Sec. 7131. National research activities.
Sec. 7132. Grants to tribes for education administrative planning,
development, and coordination.
subpart 4--federal administration
Sec. 7141. National Advisory Council on Indian Education.
Sec. 7142. Peer review.
Sec. 7143. Preference for Indian applicants.
Sec. 7144. Minimum grant criteria.
subpart 5--definitions; authorizations of appropriations
Sec. 7151. Definitions.
Sec. 7152. Authorizations of appropriations.
PART B--Native Hawaiian Education
Sec. 7201. Short title.
Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.
PART C--Alaska Native Education
Sec. 7301. Short title.
Sec. 7302. Findings.
Sec. 7303. Purposes.
Sec. 7304. Program authorized.
Sec. 7305. Funds for administrative purposes.
Sec. 7306. Definitions.
PART D--Native American and Alaska Native Language Immersion Schools
and Programs
Sec. 7401. Native American and Alaska Native language immersion
schools.
TITLE VIII--IMPACT AID
Sec. 8001. Purpose.
Sec. 8002. Payments relating to Federal acquisition of real property.
Sec. 8003. Payments for eligible federally connected children.
Sec. 8004. Policies and procedures relating to children residing on
Indian lands.
Sec. 8005. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Federal administration.
Sec. 8011. Administrative hearings and judicial review.
Sec. 8012. Forgiveness of overpayments.
Sec. 8013. Definitions.
Sec. 8014. Authorization of appropriations.
TITLE IX--GENERAL PROVISIONS
PART A--Definitions
Sec. 9101. Definitions.
Sec. 9102. Applicability of title.
Sec. 9103. Applicability to Bureau of Indian Education operated
schools.
PART B--Flexibility in the Use of Administrative and Other Funds
Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
Sec. 9202. Single local educational agency States.
Sec. 9203. Consolidation of funds for local administration.
Sec. 9204. Consolidated set-aside for Department of the Interior funds.
PART C--Coordination of Programs; Consolidated State and Local Plans
and Applications
Sec. 9301. Purpose.
Sec. 9302. Optional consolidated State plans or applications.
Sec. 9303. Consolidated reporting.
Sec. 9304. General applicability of State educational agency
assurances.
Sec. 9305. Consolidated local plans or applications.
Sec. 9306. Other general assurances.
PART D--Waivers
Sec. 9401. Waivers of statutory and regulatory requirements.
PART E--Approval and Disapproval of State Plans and Local Applications
Sec. 9451. Approval and disapproval of State plans.
Sec. 9452. Approval and disapproval of local educational agency
applications.
PART F--Uniform Provisions
subpart 1--private schools
Sec. 9501. Participation by private school children and teachers.
Sec. 9502. Standards for by-pass.
Sec. 9503. Complaint process for participation of private school
children.
Sec. 9504. By-pass determination process.
Sec. 9505. Prohibition against funds for religious worship or
instruction.
Sec. 9506. Private, religious, and home schools.
subpart 2--other provisions
Sec. 9521. Maintenance of effort.
Sec. 9522. Prohibition regarding State aid.
Sec. 9523. Privacy of assessment results.
Sec. 9524. School prayer.
Sec. 9525. Equal access to public school facilities.
Sec. 9526. General prohibitions.
Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
Sec. 9528. Armed Forces recruiter access to students and student
recruiting information.
Sec. 9529. Prohibition on federally sponsored testing.
Sec. 9530. Limitations on national testing or certification for
teachers.
Sec. 9531. Prohibition on nationwide database.
Sec. 9532. Unsafe school choice option.
Sec. 9533. Prohibition on discrimination.
Sec. 9534. Civil rights.
Sec. 9535. Rulemaking.
Sec. 9536. Severability.
Sec. 9537. Transfer of school disciplinary records.
Sec. 9538. Consultations with Indian tribes and tribal organizations.
subpart 3--teacher liability protection
Sec. 9541. Short title.
Sec. 9542. Purpose.
Sec. 9543. Definitions.
Sec. 9544. Applicability.
Sec. 9545. Preemption and election of State nonapplicability.
Sec. 9546. Limitation on liability for teachers.
Sec. 9547. Allocation of responsibility for noneconomic loss.
Sec. 9548. Effective date.
subpart 4--internet safety
Sec. 9551. Internet safety.
subpart 5--gun possession
Sec. 9561. Gun-free requirements.
subpart 6--environmental tobacco smoke
Sec. 9571. Short title.
Sec. 9572. Definitions.
Sec. 9573. Nonsmoking policy for children's services.
Sec. 9574. Preemption.
PART G--Evaluations
Sec. 9601. Evaluations.
[TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED]
[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 reach, at a minimum, proficiency on
challenging State academic achievement standards and state
academic assessments. This purpose can be accomplished by--
[(1) ensuring that high-quality academic
assessments, accountability systems, teacher
preparation and training, curriculum, and instructional
materials are aligned with challenging State academic
standards so that students, teachers, parents, and
administrators can measure progress against common
expectations for student academic achievement;
[(2) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
limited English proficient children, migratory
children, children with disabilities, Indian children,
neglected or delinquent children, and young children in
need of reading assistance;
[(3) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
[(4) holding schools, local educational agencies,
and States accountable for improving the academic
achievement of all students, and identifying and
turning around low-performing schools that have failed
to provide a high-quality education to their students,
while providing alternatives to students in such
schools to enable the students to receive a high-
quality education;
[(5) distributing and targeting resources
sufficiently to make a difference to local educational
agencies and schools where needs are greatest;
[(6) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to ensure that students are meeting
challenging State academic achievement and content
standards and increasing achievement overall, but
especially for the disadvantaged;
[(7) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance;
[(8) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time;
[(9) promoting schoolwide reform and ensuring the
access of children to effective, scientifically based
instructional strategies and challenging academic
content;
[(10) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(11) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with other agencies
providing services to youth, children, and families;
and
[(12) affording parents substantial and meaningful
opportunities to participate in the education of their
children.]
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to ensure that all children
have a fair, equitable, and significant opportunity to receive
a high-quality education that prepares them for postsecondary
education or the workforce, without the need for postsecondary
remediation, and to close educational achievement gaps.
[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated--
[(1) $13,500,000,000 for fiscal year 2002;
[(2) $16,000,000,000 for fiscal year 2003;
[(3) $18,500,000,000 for fiscal year 2004;
[(4) $20,500,000,000 for fiscal year 2005;
[(5) $22,750,000,000 for fiscal year 2006; and
[(6) $25,000,000,000 for fiscal year 2007.
[(b) Reading First.--
[(1) Reading first.--For the purpose of carrying
out subpart 1 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(2) Early reading first.--For the purpose of
carrying out subpart 2 of part B, there are authorized
to be appropriated $75,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5
succeeding fiscal years.
[(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $260,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(4) Improving literacy through school libraries.--
For the purpose of carrying out subpart 4 of part B,
there are authorized to be appropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
[(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk.--For the purpose of carrying
out part D, there are authorized to be appropriated $50,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(e) Federal Activities.--
[(1) Sections 1501 and 1502.--For the purpose of
carrying out sections 1501 and 1502, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Section 1504.--
[(A) In general.--For the purpose of
carrying out section 1504, there are authorized
to be appropriated such sums as may be
necessary for fiscal year 2002 and for each of
the 5 succeeding fiscal years.
[(B) Special rule.--Of the funds
appropriated pursuant to subparagraph (A), not
more than 30 percent may be used for teachers
associated with students participating in the
programs described in subsections (a)(1),
(b)(1), and (c)(1).
[(f) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.
[(g) Advanced Placement.--For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
[(h) School Dropout Prevention.--For the purpose of
carrying out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of which--
[(1) up to 10 percent shall be available to carry
out subpart 1 of part H for each fiscal year; and
[(2) the remainder shall be available to carry out
subpart 2 of part H for each fiscal year.
[(i) School Improvement.--For the purpose of carrying out
section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.]
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2016
through 2021.
(b) State Assessments.--For the purpose of carrying out
part B, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2016 through 2021.
(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2016
through 2021.
(d) Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-risk.--For the
purpose of carrying out part D, there are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2016 through 2021.
(e) Federal Activities.--For the purpose of carrying out
evaluation activities related to title I under section 9601,
there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2016 through 2021.
(f) School Intervention and Support.--For the purpose of
carrying out section 1114, there are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2016 through 2021.
[SEC. 1003. SCHOOL IMPROVEMENT.
[(a) State Reservations.-- Each State shall reserve 2
percent of the amount the State receives under subpart 2 of
part A for fiscal years 2002 and 2003, and 4 percent of the
amount received under such subpart for fiscal years 2004
through 2007, to carry out subsection (b) and to carry out the
State's responsibilities under sections 1116 and 1117,
including carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies.
[(b) Uses.-- Of the amount reserved under subsection (a)
for any fiscal year, the State educational agency--
[(1) shall allocate not less than 95 percent of
that amount directly to local educational agencies for
schools identified for school improvement, corrective
action, and restructuring, for activities under section
1116(b); or
[(2) may, with the approval of the local
educational agency, directly provide for these
activities or arrange for their provision through other
entities such as school support teams or educational
service agencies.
[(c) Priority.-- The State educational agency, in
allocating funds to local educational agencies under this
section, shall give priority to local educational agencies
that--
[(1) serve the lowest-achieving schools;
[(2) demonstrate the greatest need for such funds;
and
[(3) demonstrate the strongest commitment to
ensuring that such funds are used to enable the lowest-
achieving schools to meet the progress goals in school
improvement plans under section 1116 (b)(3)(A)(v).
[(d) Unused Funds.-- If, after consultation with local
educational agencies in the State, the State educational agency
determines that the amount of funds reserved to carry out
subsection (b) is greater than the amount needed to provide the
assistance described in that subsection, the State educational
agency shall allocate the excess amount to local educational
agencies in accordance with--
[(1) the relative allocations the State educational
agency made to those agencies for that fiscal year
under subpart 2 of part A; or
[(2) section 1126(c).
[(e) Special Rule.-- Notwithstanding any other provision of
this section, the amount of funds reserved by the State
educational agency under subsection (a) in any fiscal year
shall not decrease the amount of funds each local educational
agency receives under subpart 2 below the amount received by
such local educational agency under such subpart for the
preceding fiscal year.
[(f) Reporting.-- The State educational agency shall make
publicly available a list of those schools that have received
funds or services pursuant to subsection (b) and the percentage
of students from each school from families with incomes below
the poverty line.
[(g) Assistance for Local School Improvement.--
[(1) Program authorized.-- The Secretary shall
award grants to States to enable the States to provide
subgrants to local educational agencies for the purpose
of providing assistance for school improvement
consistent with section 1116.
[(2) State allotments.-- Such grants shall be
allotted among States, the Bureau of Indian Affairs,
and the outlying areas, in proportion to the funds
received by the States, the Bureau of Indian Affairs,
and the outlying areas, respectively, for the fiscal
year under parts A, C, and D of this title. The
Secretary shall expeditiously allot a portion of such
funds to States for the purpose of assisting local
educational agencies and schools that were in school
improvement status on the date preceding the date of
enactment of the No Child Left Behind Act of 2001.
[(3) Reallocations.-- If a State does not receive
funds under this subsection, the Secretary shall
reallocate such funds to other States in the same
proportion funds are allocated under paragraph (2).
[(4) State applications.-- Each State educational
agency that desires to receive funds under this
subsection shall submit an application to the Secretary
at such time, and containing such information, as the
Secretary shall reasonably require, except that such
requirement shall be waived if a State educational
agency submitted such information as part of its State
plan under this part. Each State application shall
describe how the State educational agency will allocate
such funds in order to assist the State educational
agency and local educational agencies in complying with
school improvement, corrective action, and
restructuring requirements of section 1116.
[(5) Local educational agency grants.-- A grant to
a local educational agency under this subsection shall
be--
[(A) of sufficient size and scope to
support the activities required under sections
1116 and 1117, but not less than $50,000 and
not more than $500,000 for each participating
school;
[(B) integrated with other funds awarded by
the State under this Act; and
[(C) renewable for two additional 1-year
periods if schools are meeting the goals in
their school improvement plans developed under
section 1116.
[(6) Priority.-- The State, in awarding such
grants, shall give priority to local educational
agencies with the lowest-achieving schools that
demonstrate--
[(A) the greatest need for such funds; and
[(B) the strongest commitment to ensuring
that such funds are used to provide adequate
resources to enable the lowest-achieving
schools to meet the goals under school and
local educational agency improvement,
corrective action, and restructuring plans
under section 1116.
[(7) Allocation.-- A State educational agency that
receives a grant under this subsection shall allocate
at least 95 percent of the grant funds directly to
local educational agencies for schools identified for
school improvement, corrective action, or restructuring
to carry out activities under section 1116(b), or may,
with the approval of the local educational agency,
directly provide for these activities or arrange for
their provision through other entities such as school
support teams or educational service agencies.
[(8) Administrative costs.-- A State educational
agency that receives a grant award under this
subsection may reserve not more than 5 percent of such
grant funds for administration, evaluation, and
technical assistance expenses.
[(9) Local awards.--Each local educational agency
that applies for assistance under this subsection shall
describe how it will provide the lowest-achieving
schools the resources necessary to meet goals under
school and local educational agency improvement,
corrective action, and restructuring plans under
section 1116.]
SEC. [1004]1003. STATE ADMINISTRATION.
(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under parts A, C, and
D of this title, each State may reserve the greater of--
(1) * * *
(b) Exception.--* * *
(c) Technical Assistance and Support.--
(1) In general.--Each State may reserve not more
than 4 percent of the amount the State receives under
subpart 2 of part A for a fiscal year to carry out
paragraph (2) and to carry out the State educational
agency's responsibilities under section 1114(a),
including carrying out the State educational agency's
statewide system of technical assistance and support
for local educational agencies.
(2) Uses.--Of the amount reserved under paragraph
(1) for any fiscal year, the State educational agency--
(A) shall use not less than 95 percent of
such amount by allocating such sums directly to
local educational agencies for activities
required under section 1114; or
(B) may, with the approval of the local
educational agency, directly provide for such
activities or arrange for their provision
through other entities such as school support
teams, educational service agencies, or other
nonprofit or for-profit organizations that use
evidence-based strategies to improve student
achievement, teaching, and schools.
(3) Priority.--The State educational agency, in
allocating funds to local educational agencies under
this subsection, shall give priority to local
educational agencies that--
(A) serve the lowest performing elementary
schools and secondary schools, as identified by
the State under section 1114;
(B) demonstrate the greatest need for such
funds, as determined by the State; and
(C) demonstrate the strongest commitment to
using evidence-based interventions to enable
the lowest-performing schools to improve
student achievement and student outcomes.
(4) Unused funds.--If, after consultation with
local educational agencies in the State, the State
educational agency determines that the amount of funds
reserved to carry out this subsection for a fiscal year
is greater than the amount needed to provide the
assistance described in this subsection, the State
educational agency shall allocate the excess amount to
local educational agencies in accordance with--
(A) the relative allocations the State
educational agency made to those agencies for
that fiscal year under subpart 2 of part A; or
(B) section 1126(c).
(5) Special rule.--Notwithstanding any other
provision of this subsection, the amount of funds
reserved by the State educational agency under this
subsection in any fiscal year shall not decrease the
amount of funds each local educational agency receives
under subpart 2 of part A below the amount received by
such local educational agency under such subpart for
the preceding fiscal year.
(6) Reporting.--Each State educational agency shall
make publicly available a list of those schools that
have received funds or services pursuant to this
subsection and the percentage of students from each
such school from families with incomes below the
poverty line.
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1--Basic Program Requirements
[SEC. 1111. STATE PLANS.
[(a) Plans Required.--
[(1) In general.--For any State desiring to receive
a grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with local
educational agencies, teachers, principals, pupil
services personnel, administrators (including
administrators of programs described in other parts of
this title), other staff, and parents, that satisfies
the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
[(2) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidated plan under section 9302.
[(b) Academic Standards, Academic Assessments, and
Accountability.--
[(1) Challenging academic standards.--
[(A) In general.--Each State plan shall
demonstrate that the State has adopted
challenging academic content standards and
challenging student academic achievement
standards that will be used by the State, its
local educational agencies, and its schools to
carry out this part, except that a State shall
not be required to submit such standards to the
Secretary.
[(B) Same standards.--The academic
standards required by subparagraph (A) shall be
the same academic standards that the State
applies to all schools and children in the
State.
[(C) Subjects.--The State shall have such
academic standards for all public elementary
school and secondary school children, including
children served under this part, in subjects
determined by the State, but including at least
mathematics, reading or language arts, and
(beginning in the 2005-2006 school year)
science, which shall include the same
knowledge, skills, and levels of achievement
expected of all children.
[(D) Challenging academic standards.--
Standards under this paragraph shall include--
[(i) challenging academic content
standards in academic subjects that--
[(I) specify what children
are expected to know and be
able to do;
[(II) contain coherent and
rigorous content; and
[(III) encourage the
teaching of advanced skills;
and
[(ii) challenging student academic
achievement standards that--
[(I) are aligned with the
State's academic content
standards;
[(II) describe two levels
of high achievement (proficient
and advanced) that determine
how well children are mastering
the material in the State
academic content standards; and
[(III) describe a third
level of achievement (basic) to
provide complete information
about the progress of the
lower-achieving children toward
mastering the proficient and
advanced levels of achievement.
[(E) Information.--For the subjects in
which students will be served under this part,
but for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and
has not otherwise developed, such academic
standards, the State plan shall describe a
strategy for ensuring that students are taught
the same knowledge and skills in such subjects
and held to the same expectations as are all
children.
[(F) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before or after the
date of enactment of the No Child Left Behind
Act of 2001.
[(2) Accountability.--
[(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide State
accountability system that will be effective in
ensuring that all local educational agencies,
public elementary schools, and public secondary
schools make adequate yearly progress as
defined under this paragraph. Each State
accountability system shall--
[(i) be based on the academic
standards and academic assessments
adopted under paragraphs (1) and (3),
and other academic indicators
consistent with subparagraph (C)(vi)
and (vii), and shall take into account
the achievement of all public
elementary school and secondary school
students;
[(ii) be the same accountability
system the State uses for all public
elementary schools and secondary
schools or all local educational
agencies in the State, except that
public elementary schools, secondary
schools, and local educational agencies
not participating under this part are
not subject to the requirements of
section 1116; and
[(iii) include sanctions and
rewards, such as bonuses and
recognition, the State will use to hold
local educational agencies and public
elementary schools and secondary
schools accountable for student
achievement and for ensuring that they
make adequate yearly progress in
accordance with the State's definition
under subparagraphs (B) and (C).
[(B) Adequate yearly progress.--Each State
plan shall demonstrate, based on academic
assessments described in paragraph (3), and in
accordance with this paragraph, what
constitutes adequate yearly progress of the
State, and of all public elementary schools,
secondary schools, and local educational
agencies in the State, toward enabling all
public elementary school and secondary school
students to meet the State's student academic
achievement standards, while working toward the
goal of narrowing the achievement gaps in the
State, local educational agencies, and schools.
[(C) Definition.-- ``Adequate yearly
progress'' shall be defined by the State in a
manner that--
[(i) applies the same high
standards of academic achievement to
all public elementary school and
secondary school students in the State;
[(ii) is statistically valid and
reliable;
[(iii) results in continuous and
substantial academic improvement for
all students;
[(iv) measures the progress of
public elementary schools, secondary
schools and local educational agencies
and the State based primarily on the
academic assessments described in
paragraph (3);
[(v) includes separate measurable
annual objectives for continuous and
substantial improvement for each of the
following:
[(I) The achievement of all
public elementary school and
secondary school students.
[(II) The achievement of--
[(aa) economically
disadvantaged students;
[(bb) students from
major racial and ethnic
groups;
[(cc) students with
disabilities; and
[(dd) students with
limited English
proficiency;
[except that disaggregation of
data under subclause (II) shall
not be required in a case in
which the number of students in
a category is insufficient to
yield statistically reliable
information or the results
would reveal personally
identifiable information about
an individual student;
[(vi) in accordance with
subparagraph (D), includes graduation
rates for public secondary school
students (defined as the percentage of
students who graduate from secondary
school with a regular diploma in the
standard number of years) and at least
one other academic indicator, as
determined by the State for all public
elementary school students; and
[(vii) in accordance with
subparagraph (D), at the State's
discretion, may also include other
academic indicators, as determined by
the State for all public school
students, measured separately for each
group described in clause (v), such as
achievement on additional State or
locally administered assessments,
decreases in grade-to-grade retention
rates, attendance rates, and changes in
the percentages of students completing
gifted and talented, advanced
placement, and college preparatory
courses.
[(D) Requirements for other indicators.--In
carrying out subparagraph (C)(vi) and (vii),
the State--
[(i) shall ensure that the
indicators described in those
provisions are valid and reliable, and
are consistent with relevant,
nationally recognized professional and
technical standards, if any; and
[(ii) except as provided in
subparagraph (I)(i), may not use those
indicators to reduce the number of, or
change, the schools that would
otherwise be subject to school
improvement, corrective action, or
restructuring under section 1116 if
those additional indicators were not
used, but may use them to identify
additional schools for school
improvement or in need of corrective
action or restructuring.
[(E) Starting point.--Each State, using
data for the 2001-2002 school year, shall
establish the starting point for measuring,
under subparagraphs (G) and (H), the percentage
of students meeting or exceeding the State's
proficient level of academic achievement on the
State assessments under paragraph (3) and
pursuant to the timeline described in
subparagraph (F). The starting point shall be,
at a minimum, based on the higher of the
percentage of students at the proficient level
who are in--
[(i) the State's lowest achieving
group of students described in
subparagraph (C)(v)(II); or
[(ii) the school at the 20th
percentile in the State, based on
enrollment, among all schools ranked by
the percentage of students at the
proficient level.
[(F) Timeline.--Each State shall establish
a timeline for adequate yearly progress. The
timeline shall ensure that not later than 12
years after the end of the 2001-2002 school
year, all students in each group described in
subparagraph (C)(v) will meet or exceed the
State's proficient level of academic
achievement on the State assessments under
paragraph (3).
[(G) Measurable objectives.--Each State
shall establish statewide annual measurable
objectives, pursuant to subparagraph (C)(v),
for meeting the requirements of this paragraph,
and which--
[(i) shall be set separately for
the assessments of mathematics and
reading or language arts under
subsection (a)(3);
[(ii) shall be the same for all
schools and local educational agencies
in the State;
[(iii) shall identify a single
minimum percentage of students who are
required to meet or exceed the
proficient level on the academic
assessments that applies separately to
each group of students described in
subparagraph (C)(v);
[(iv) shall ensure that all
students will meet or exceed the
State's proficient level of academic
achievement on the State assessments
within the State's timeline under
subparagraph (F); and
[(v) may be the same for more than
1 year, subject to the requirements of
subparagraph (H).
[(H) Intermediate goals for annual yearly
progress.--Each State shall establish
intermediate goals for meeting the
requirements, including the measurable
objectives in subparagraph (G), of this
paragraph and that shall--
[(i) increase in equal increments
over the period covered by the State's
timeline under subparagraph (F);
[(ii) provide for the first
increase to occur in not more than 2
years; and
[(iii) provide for each following
increase to occur in not more than 3
years.
[(I) Annual improvement for schools.--Each
year, for a school to make adequate yearly
progress under this paragraph--
[(i) each group of students
described in subparagraph (C)(v) must
meet or exceed the objectives set by
the State under subparagraph (G),
except that if any group described in
subparagraph (C)(v) does not meet those
objectives in any particular year, the
school shall be considered to have made
adequate yearly progress if the
percentage of students in that group
who did not meet or exceed the
proficient level of academic
achievement on the State assessments
under paragraph (3) for that year
decreased by 10 percent of that
percentage from the preceding school
year and that group made progress on
one or more of the academic indicators
described in subparagraph (C)(vi) or
(vii); and
[(ii) not less than 95 percent of
each group of students described in
subparagraph (C)(v) who are enrolled in
the school are required to take the
assessments, consistent with paragraph
(3)(C)(xi) and with accommodations,
guidelines, and alternative assessments
provided in the same manner as those
provided under section 612(a)(16)(A) of
the Individuals with Disabilities
Education Act and paragraph (3), on
which adequate yearly progress is based
(except that the 95 percent requirement
described in this clause shall not
apply in a case in which the number of
students in a category is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student).
[(J) Uniform averaging procedure.--For the
purpose of determining whether schools are
making adequate yearly progress, the State may
establish a uniform procedure for averaging
data which includes one or more of the
following:
[(i) The State may average data
from the school year for which the
determination is made with data from
one or two school years immediately
preceding that school year.
[(ii) Until the assessments
described in paragraph (3) are
administered in such manner and time to
allow for the implementation of the
uniform procedure for averaging data
described in clause (i), the State may
use the academic assessments that were
required under paragraph (3) as that
paragraph was in effect on the day
preceding the date of enactment of the
No Child Left Behind Act of 2001,
provided that nothing in this clause
shall be construed to undermine or
delay the determination of adequate
yearly progress, the requirements of
section 1116, or the implementation of
assessments under this section.
[(iii) The State may use data
across grades in a school.
[(K) Accountability for charter schools.--
The accountability provisions under this Act
shall be overseen for charter schools in
accordance with State charter school law.
[(3) Academic assessments.--
[(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-
quality, yearly student academic assessments
that include, at a minimum, academic
assessments in mathematics, reading or language
arts, and science that will be used as the
primary means of determining the yearly
performance of the State and of each local
educational agency and school in the State in
enabling all children to meet the State's
challenging student academic achievement
standards, except that no State shall be
required to meet the requirements of this part
relating to science assessments until the
beginning of the 2007-2008 school year.
[(B) Use of assessments.--Each State
educational agency may incorporate the data
from the assessments under this paragraph into
a State-developed longitudinal data system that
links student test scores, length of
enrollment, and graduation records over time.
[(C) Requirements.--Such assessments
shall--
[(i) be the same academic
assessments used to measure the
achievement of all children;
[(ii) be aligned with the State's
challenging academic content and
student academic achievement standards,
and provide coherent information about
student attainment of such standards;
[(iii) be used for purposes for
which such assessments are valid and
reliable, and be consistent with
relevant, nationally recognized
professional and technical standards;
[(iv) be used only if the State
educational agency provides to the
Secretary evidence from the test
publisher or other relevant sources
that the assessments used are of
adequate technical quality for each
purpose required under this Act and are
consistent with the requirements of
this section, and such evidence is made
public by the Secretary upon request;
[(v)(I) except as otherwise
provided for grades 3 through 8 under
clause vii, measure the proficiency of
students in, at a minimum, mathematics
and reading or language arts, and be
administered not less than once
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9;
and
[(cc) grades 10 through 12;
[(II) beginning not later than
school year 2007-2008, measure the
proficiency of all students in science
and be administered not less than one
time during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9;
and
[(cc) grades 10 through 12;
[(vi) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding;
[(vii) beginning not later than
school year 2005-2006, measure the
achievement of students against the
challenging State academic content and
student academic achievement standards
in each of grades 3 through 8 in, at a
minimum, mathematics, and reading or
language arts, except that the
Secretary may provide the State 1
additional year if the State
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State, prevented full
implementation of the academic
assessments by that deadline and that
the State will complete implementation
within the additional 1-year period;
[(viii) at the discretion of the
State, measure the proficiency of
students in academic subjects not
described in clauses (v), (vi), (vii)
in which the State has adopted
challenging academic content and
academic achievement standards;
[(ix) provide for--
[(I) the participation in
such assessments of all
students;
[(II) the reasonable
adaptations and accommodations
for students with disabilities
(as defined under section
602(3) of the Individuals with
Disabilities Education Act)
necessary to measure the
academic achievement of such
students relative to State
academic content and State
student academic achievement
standards; and
[(III) the inclusion of
limited English proficient
students, who shall be assessed
in a valid and reliable manner
and provided reasonable
accommodations on assessments
administered to such students
under this paragraph,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate data on what
such students know and can do
in academic content areas,
until such students have
achieved English language
proficiency as determined under
paragraph (7);
[(x) notwithstanding subclause
(III), the academic assessment (using
tests written in English) of reading or
language arts of any student who has
attended school in the United States
(not including Puerto Rico) for three
or more consecutive school years,
except that if the local educational
agency determines, on a case-by-case
individual basis, that academic
assessments in another language or form
would likely yield more accurate and
reliable information on what such
student knows and can do, the local
educational agency may make a
determination to assess such student in
the appropriate language other than
English for a period that does not
exceed two additional consecutive
years, provided that such student has
not yet reached a level of English
language proficiency sufficient to
yield valid and reliable information on
what such student knows and can do on
tests (written in English) of reading
or language arts;
[(xi) include students who have
attended schools in a local educational
agency for a full academic year but
have not attended a single school for a
full academic year, except that the
performance of students who have
attended more than 1 school in the
local educational agency in any
academic year shall be used only in
determining the progress of the local
educational agency;
[(xii) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii) that allow parents,
teachers, and principals to understand
and address the specific academic needs
of students, and include information
regarding achievement on academic
assessments aligned with State academic
achievement standards, and that are
provided to parents, teachers, and
principals, as soon as is practicably
possible after the assessment is given,
in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand;
[(xiii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English proficiency status,
by migrant status, by students with
disabilities as compared to nondisabled
students, and by economically
disadvantaged students as compared to
students who are not economically
disadvantaged, except that, in the case
of a local educational agency or a
school, such disaggregation shall not
be required in a case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student;
[(xiv) be consistent with widely
accepted professional testing
standards, objectively measure academic
achievement, knowledge, and skills, and
be tests that do not evaluate or assess
personal or family beliefs and
attitudes, or publicly disclose
personally identifiable information;
and
[(xv) enable itemized score
analyses to be produced and reported,
consistent with clause (iii), to local
educational agencies and schools, so
that parents, teachers, principals, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items.
[(D) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, that
were not required prior to the date of
enactment of the No Child Left Behind Act of
2001, for 1 year for each year for which the
amount appropriated for grants under section
6113(a)(2) is less than--
[(i) $370,000,000 for fiscal year
2002;
[(ii) $380,000,000 for fiscal year
2003;
[(iii) $390,000,000 for fiscal year
2004; and
[(iv) $400,000,000 for fiscal years
2005 through 2007.
[(4) Special rule.--Academic assessment measures in
addition to those in paragraph (3) that do not meet the
requirements of such paragraph may be included in the
assessment under paragraph (3) as additional measures,
but may not be used in lieu of the academic assessments
required under paragraph (3). Such additional
assessment measures may not be used to reduce the
number of or change, the schools that would otherwise
be subject to school improvement, corrective action, or
restructuring under section 1116 if such additional
indicators were not used, but may be used to identify
additional schools for school improvement or in need of
corrective action or restructuring except as provided
in paragraph (2)(I)(i).
[(5) State authority.--If a State educational
agency provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency
nor any other State government official, agency, or
entity has sufficient authority, under State law, to
adopt curriculum content and student academic
achievement standards, and academic assessments aligned
with such academic standards, which will be applicable
to all students enrolled in the State's public
elementary schools and secondary schools, then the
State educational agency may meet the requirements of
this subsection by--
[(A) adopting academic standards and
academic assessments that meet the requirements
of this subsection, on a statewide basis, and
limiting their applicability to students served
under this part; or
[(B) adopting and implementing policies
that ensure that each local educational agency
in the State that receives grants under this
part will adopt curriculum content and student
academic achievement standards, and academic
assessments aligned with such standards,
which--
[(i) meet all of the criteria in
this subsection and any regulations
regarding such standards and
assessments that the Secretary may
publish; and
[(ii) are applicable to all
students served by each such local
educational agency.
[(6) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
[(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will, beginning
not later than school year 2002-2003, provide for an
annual assessment of English proficiency (measuring
students' oral language, reading, and writing skills in
English) of all students with limited English
proficiency in the schools served by the State
educational agency, except that the Secretary may
provide the State 1 additional year if the State
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(1)(D),
1114(b), and 1115(c) that is applicable to such
agency or school;
[(B) how the State educational agency will
assist each local educational agency and school
affected by the State plan to provide
additional educational assistance to individual
students assessed as needing help to achieve
the State's challenging academic achievement
standards;
[(C) the specific steps the State
educational agency will take to ensure that
both schoolwide programs and targeted
assistance schools provide instruction by
highly qualified instructional staff as
required by sections 1114(b)(1)(C) and
1115(c)(1)(E), including steps that the State
educational agency will take to ensure that
poor and minority children are not taught at
higher rates than other children by
inexperienced, unqualified, or out-of-field
teachers, and the measures that the State
educational agency will use to evaluate and
publicly report the progress of the State
educational agency with respect to such steps;
[(D) an assurance that the State
educational agency will assist local
educational agencies in developing or
identifying high-quality effective curricula
aligned with State academic achievement
standards and how the State educational agency
will disseminate such curricula to each local
educational agency and school within the State;
and
[(E) such other factors the State
educational agency determines appropriate to
provide students an opportunity to achieve the
knowledge and skills described in the
challenging academic content standards adopted
by the State.
[(9) Factors affecting student achievement.--Each
State plan shall include an assurance that the State
educational agency will coordinate and collaborate, to
the extent feasible and necessary as determined by the
State educational agency, with agencies providing
services to children, youth, and families, with respect
to local educational agencies within the State that are
identified under section 1116 and that request
assistance with addressing major factors that have
significantly affected the academic achievement of
students in the local educational agency or schools
served by such agency.
[(10) Use of academic assessment results to improve
student academic achievement.--Each State plan shall
describe how the State educational agency will ensure
that the results of the State assessments described in
paragraph (3)--
[(A) will be promptly provided to local
educational agencies, schools, and teachers in
a manner that is clear and easy to understand,
but not later than before the beginning of the
next school year; and
[(B) be used by those local educational
agencies, schools, and teachers to improve the
educational achievement of individual students.
[(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
[(1) the State educational agency will meet the
requirements of subsection (h)(1) and, beginning with
the 2002-2003 school year, will produce the annual
State report cards described in such subsection, except
that the Secretary may provide the State educational
agency 1 additional year if the State educational
agency demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period;
[(2) the State will, beginning in school year 2002-
2003, participate in biennial State academic
assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
[(3) the State educational agency, in consultation
with the Governor, will include, as a component of the
State plan, a plan to carry out the responsibilities of
the State under sections 1116 and 1117, including
carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies;
[(4) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools, including technical assistance in providing
professional development under section 1119, technical
assistance under section 1117, and technical assistance
relating to parental involvement under section 1118;
[(5)(A) where educational service agencies exist,
the State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(B) where educational service agencies do not
exist, the State educational agency will consider
providing professional development and technical
assistance through other cooperative agreements such as
through a consortium of local educational agencies;
[(6) the State educational agency will notify local
educational agencies and the public of the content and
student academic achievement standards and academic
assessments developed under this section, and of the
authority to operate schoolwide programs, and will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(7) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
[(8) the State educational agency will inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic achievement;
[(9) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
[(10) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
[(11) the State educational agency has involved the
committee of practitioners established under section
1903(b) in developing the plan and monitoring its
implementation;
[(12) the State educational agency will inform
local educational agencies in the State of the local
educational agency's authority to transfer funds under
title VI, to obtain waivers under part D of title IX,
and, if the State is an Ed-Flex Partnership State, to
obtain waivers under the Education Flexibility
Partnership Act of 1999;
[(13) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate; and
[(14) the State educational agency will encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
secondary school diploma or its recognized equivalent
or who have low levels of literacy.
[(d) Parental Involvement.--Each State plan shall describe
how the State educational agency will support the collection
and dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
[(1) be based on the most current research that
meets the highest professional and technical standards,
on effective parental involvement that fosters
achievement to high standards for all children; and
[(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement experienced.
[(e) Peer Review and Secretarial Approval.--
[(1) Secretarial duties.--The Secretary shall--
[(A) establish a peer-review process to
assist in the review of State plans;
[(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students;
[(C) approve a State plan within 120 days
of its submission unless the Secretary
determines that the plan does not meet the
requirements of this section;
[(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
[(E) not decline to approve a State's plan
before--
[(i) offering the State an
opportunity to revise its plan;
[(ii) providing technical
assistance in order to assist the State
to meet the requirements of subsections
(a), (b), and (c); and
[(iii) providing a hearing; and
[(F) have the authority to disapprove a
State plan for not meeting the requirements of
this part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic content standards or to use
specific academic assessment instruments or
items.
[(2) State revisions.--A State plan shall be
revised by the State educational agency if it is
necessary to satisfy the requirements of this section.
[(f) Duration of the Plan.--
[(1) In general.--Each State plan shall--
[(A) remain in effect for the duration of
the State's participation under this part; and
[(B) be periodically reviewed and revised
as necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
[(2) Additional information.--If significant
changes are made to a State's plan, such as the
adoption of new State academic content standards and
State student achievement standards, new academic
assessments, or a new definition of adequate yearly
progress, such information shall be submitted to the
Secretary.
[(g) Penalties.--
[(1) Failure to meet deadlines enacted in 1994.--
[(A) In general.--If a State fails to meet
the deadlines established by the Improving
America's Schools Act of 1994 (or under any
waiver granted by the Secretary or under any
compliance agreement with the Secretary) for
demonstrating that the State has in place
challenging academic content standards and
student achievement standards, and a system for
measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25
percent of the funds that would otherwise be
available to the State for State administration
and activities under this part in each year
until the Secretary determines that the State
meets those requirements.
[(B) No extension.--Notwithstanding any
other provision of law, 90 days after the date
of enactment of the No Child Left Behind Act of
2001 the Secretary shall not grant any
additional waivers of, or enter into any
additional compliance agreements to extend, the
deadlines described in subparagraph (A) for any
State.
[(2) Failure to meet requirements enacted in
2001.--If a State fails to meet any of the requirements
of this section, other than the requirements described
in paragraph (1), then the Secretary may withhold funds
for State administration under this part until the
Secretary determines that the State has fulfilled those
requirements.
[(h) Reports.--
[(1) Annual state report card.--
[(A) In general.--Not later than the
beginning of the 2002-2003 school year, unless
the State has received a 1-year extension
pursuant to subsection (c)(1), a State that
receives assistance under this part shall
prepare and disseminate an annual State report
card.
[(B) Implementation.--The State report card
shall be--
[(i) concise; and
[(ii) presented in an
understandable and uniform format and,
to the extent practicable, provided in
a language that the parents can
understand.
[(C) Required information.--The State shall
include in its annual State report card--
[(i) information, in the aggregate,
on student achievement at each
proficiency level on the State academic
assessments described in subsection
(b)(3) (disaggregated by race,
ethnicity, gender, disability status,
migrant status, English proficiency,
and status as economically
disadvantaged, except that such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student);
[(ii) information that provides a
comparison between the actual
achievement levels of each group of
students described in subsection
(b)(2)(C)(v) and the State's annual
measurable objectives for each such
group of students on each of the
academic assessments required under
this part;
[(iii) the percentage of students
not tested (disaggregated by the same
categories and subject to the same
exception described in clause (i));
[(iv) the most recent 2-year trend
in student achievement in each subject
area, and for each grade level, for
which assessments under this section
are required;
[(v) aggregate information on any
other indicators used by the State to
determine the adequate yearly progress
of students in achieving State academic
achievement standards;
[(vi) graduation rates for
secondary school students consistent
with subsection (b)(2)(C)(vi);
[(vii) information on the
performance of local educational
agencies in the State regarding making
adequate yearly progress, including the
number and names of each school
identified for school improvement under
section 1116; and
[(viii) the professional
qualifications of teachers in the
State, the percentage of such teachers
teaching with emergency or provisional
credentials, and the percentage of
classes in the State not taught by
highly qualified teachers, in the
aggregate and disaggregated by high-
poverty compared to low-poverty schools
which, for the purpose of this clause,
means schools in the top quartile of
poverty and the bottom quartile of
poverty in the State.
[(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools. Such information may include
information regarding--
[(i) school attendance rates;
[(ii) average class size in each
grade;
[(iii) academic achievement and
gains in English proficiency of limited
English proficient students;
[(iv) the incidence of school
violence, drug abuse, alcohol abuse,
student suspensions, and student
expulsions;
[(v) the extent and type of
parental involvement in the schools;
[(vi) the percentage of students
completing advanced placement courses,
and the rate of passing of advanced
placement tests; and
[(vii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State evaluates school performance,
and the criteria that the State has
established, consistent with subsection
(b)(2), to determine the status of
schools regarding school improvement,
corrective action, and restructuring.
[(2) Annual local educational agency report
cards.--
[(A) Report cards.--
[(i) In general.--Not later than
the beginning of the 2002-2003 school
year, a local educational agency that
receives assistance under this part
shall prepare and disseminate an annual
local educational agency report card,
except that the State educational
agency may provide the local
educational agency 1 additional year if
the local educational agency
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the local educational
agency, prevented full implementation
of this paragraph by that deadline and
that the local educational agency will
complete implementation within the
additional 1-year period.
[(ii) Special rule.--If a State
educational agency has received an
extension pursuant to subsection
(c)(1), then a local educational agency
within that State shall not be required
to include the information required
under paragraph (1)(C) in such report
card during such extension.
[(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
[(i) in the case of a local
educational agency--
[(I) the number and
percentage of schools
identified for school
improvement under section
1116(c) and how long the
schools have been so
identified; and
[(II) information that
shows how students served by
the local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole; and
[(ii) in the case of a school--
[(I) whether the school has
been identified for school
improvement; and
[(II) information that
shows how the school's students
achievement on the statewide
academic assessments and other
indicators of adequate yearly
progress compared to students
in the local educational agency
and the State as a whole.
[(C) Other information.--A local
educational agency may include in its annual
local educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
[(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
[(E) Public dissemination.--The local
educational agency shall, not later than the
beginning of the 2002-2003 school year, unless
the local educational agency has received a 1-
year extension pursuant to subparagraph (A),
publicly disseminate the information described
in this paragraph to all schools in the school
district served by the local educational agency
and to all parents of students attending those
schools in an understandable and uniform format
and, to the extent practicable, provided in a
language that the parents can understand, and
make the information widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
[(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the enactment of the No Child Left Behind Act of
2001 may use those report cards for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection.
[(4) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
[(A) beginning with school year 2002-2003,
information on the State's progress in
developing and implementing the academic
assessments described in subsection (b)(3);
[(B) beginning not later than school year
2002-2003, information on the achievement of
students on the academic assessments required
by subsection (b)(3), including the
disaggregated results for the categories of
students identified in subsection (b)(2)(C)(v);
[(C) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including
disaggregated results) required under this
section;
[(D) beginning not later than school year
2002-2003, unless the State has received an
extension pursuant to subsection (c)(1),
information on the acquisition of English
proficiency by children with limited English
proficiency;
[(E) the number and names of each school
identified for school improvement under section
1116(c), the reason why each school was so
identified, and the measures taken to address
the achievement problems of such schools;
[(F) the number of students and schools
that participated in public school choice and
supplemental service programs and activities
under this title; and
[(G) beginning not later than the 2002-2003
school year, information on the quality of
teachers and the percentage of classes being
taught by highly qualified teachers in the
State, local educational agency, and school.
[(5) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(4).
[(6) Parents right-to-know.--
[(A) Qualifications.--At the beginning of
each school year, a local educational agency
that receives funds under this part shall
notify the parents of each student attending
any school receiving funds under this part that
the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
[(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
[(ii) Whether the teacher is
teaching under emergency or other
provisional status through which State
qualification or licensing criteria
have been waived.
[(iii) The baccalaureate degree
major of the teacher and any other
graduate certification or degree held
by the teacher, and the field of
discipline of the certification or
degree.
[(iv) Whether the child is provided
services by paraprofessionals and, if
so, their qualifications.
[(B) Additional information.--In addition
to the information that parents may request
under subparagraph (A), a school that receives
funds under this part shall provide to each
individual parent--
[(i) information on the level of
achievement of the parent's child in
each of the State academic assessments
as required under this part; and
[(ii) timely notice that the
parent's child has been assigned, or
has been taught for four or more
consecutive weeks by, a teacher who is
not highly qualified.
[(C) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
[(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
[(j) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of high-quality academic assessments, the
setting of State standards, the development of measures of
adequate yearly progress that are valid and reliable, and other
relevant areas.
[(k) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section.
[(l) Construction.--Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
[(m) Special Rule With Respect to Bureau-Funded Schools.--
In determining the assessments to be used by each operated or
funded by BIA school receiving funds under this part, the
following shall apply:
[(1) Each such school that is accredited by the
State in which it is operating shall use the
assessments the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment as approved by the Secretary of
the Interior.
[(2) Each such school that is accredited by a
regional accrediting organization shall adopt an
appropriate assessment, in consultation with and with
the approval of, the Secretary of the Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
[(3) Each such school that is accredited by a
tribal accrediting agency or tribal division of
education shall use an assessment developed by such
agency or division, except that the Secretary of the
Interior shall ensure that such assessment meets the
requirements of this section.
[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
[(a) Plans Required.--
[(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
[(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
[(b) Plan Provisions.--
[(1) In general.--In order to help low-achieving
children meet challenging achievement academic
standards, each local educational agency plan shall
include--
[(A) a description of high-quality student
academic assessments, if any, that are in
addition to the academic assessments described
in the State plan under section 1111(b)(3),
that the local educational agency and schools
served under this part will use--
[(i) to determine the success of
children served under this part in
meeting the State student academic
achievement standards, and to provide
information to teachers, parents, and
students on the progress being made
toward meeting the State student
academic achievement standards
described in section 1111(b)(1)(D)(ii);
[(ii) to assist in diagnosis,
teaching, and learning in the classroom
in ways that best enable low-achieving
children served under this part to meet
State student achievement academic
standards and do well in the local
curriculum;
[(iii) to determine what revisions
are needed to projects under this part
so that such children meet the State
student academic achievement standards;
and
[(iv) to identify effectively
students who may be at risk for reading
failure or who are having difficulty
reading, through the use of screening,
diagnostic, and classroom-based
instructional reading assessments, as
defined under section 1208;
[(B) at the local educational agency's
discretion, a description of any other
indicators that will be used in addition to the
academic indicators described in section 1111
for the uses described in such section;
[(C) a description of how the local
educational agency will provide additional
educational assistance to individual students
assessed as needing help in meeting the State's
challenging student academic achievement
standards;
[(D) a description of the strategy the
local educational agency will use to coordinate
programs under this part with programs under
title II to provide professional development
for teachers and principals, and, if
appropriate, pupil services personnel,
administrators, parents and other staff,
including local educational agency level staff
in accordance with sections 1118 and 1119;
[(E) a description of how the local
educational agency will coordinate and
integrate services provided under this part
with other educational services at the local
educational agency or individual school level,
such as--
[(i) Even Start, Head Start,
Reading First, Early Reading First, and
other preschool programs, including
plans for the transition of
participants in such programs to local
elementary school programs; and
[(ii) services for children with
limited English proficiency, children
with disabilities, migratory children,
neglected or delinquent youth, Indian
children served under part A of title
VII, homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication,
and reduce fragmentation of the
instructional program;
[(F) an assurance that the local
educational agency will participate, if
selected, in the State National Assessment of
Educational Progress in 4th and 8th grade
reading and mathematics carried out under
section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
[(G) a description of the poverty criteria
that will be used to select school attendance
areas under section 1113;
[(H) a description of how teachers, in
consultation with parents, administrators, and
pupil services personnel, in targeted
assistance schools under section 1115, will
identify the eligible children most in need of
services under this part;
[(I) a general description of the nature of
the programs to be conducted by such agency's
schools under sections 1114 and 1115 and, where
appropriate, educational services outside such
schools for children living in local
institutions for neglected or delinquent
children, and for neglected and delinquent
children in community day school programs;
[(J) a description of how the local
educational agency will ensure that migratory
children and formerly migratory children who
are eligible to receive services under this
part are selected to receive such services on
the same basis as other children who are
selected to receive services under this part;
[(K) if appropriate, a description of how
the local educational agency will use funds
under this part to support preschool programs
for children, particularly children
participating in Early Reading First, or in a
Head Start or Even Start program, which
services may be provided directly by the local
educational agency or through a subcontract
with the local Head Start agency designated by
the Secretary of Health and Human Services
under section 641 of the Head Start Act, or an
agency operating an Even Start program, an
Early Reading First program, or another
comparable public early childhood development
program;
[(L) a description of the actions the local
educational agency will take to assist its low-
achieving schools identified under section 1116
as in need of improvement;
[(M) a description of the actions the local
educational agency will take to implement
public school choice and supplemental services,
consistent with the requirements of section
1116;
[(N) a description of how the local
educational agency will meet the requirements
of section 1119;
[(O) a description of the services the
local educational agency will provide homeless
children, including services provided with
funds reserved under section 1113(c)(3)(A);
[(P) a description of the strategy the
local educational agency will use to implement
effective parental involvement under section
1118; and
[(Q) where appropriate, a description of
how the local educational agency will use funds
under this part to support after school
(including before school and summer school) and
school-year extension programs.
[(2) Exception.--The academic assessments and
indicators described in subparagraphs (A) and (B) of
paragraph (1) shall not be used--
[(A) in lieu of the academic assessments
required under section 1111(b)(3) and other
State academic indicators under section
1111(b)(2); or
[(B) to reduce the number of, or change
which, schools would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116, if such
additional assessments or indicators described
in such subparagraphs were not used, but such
assessments and indicators may be used to
identify additional schools for school
improvement or in need of corrective action or
restructuring.
[(c) Assurances.--
[(1) In general.--Each local educational agency
plan shall provide assurances that the local
educational agency will--
[(A) inform eligible schools and parents of
schoolwide program authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
[(B) provide technical assistance and
support to schoolwide programs;
[(C) work in consultation with schools as
the schools develop the schools' plans pursuant
to section 1114 and assist schools as the
schools implement such plans or undertake
activities pursuant to section 1115 so that
each school can make adequate yearly progress
toward meeting the State student academic
achievement standards;
[(D) fulfill such agency's school
improvement responsibilities under section
1116, including taking actions under paragraphs
(7) and (8) of section 1116(b);
[(E) provide services to eligible children
attending private elementary schools and
secondary schools in accordance with section
1120, and timely and meaningful consultation
with private school officials regarding such
services;
[(F) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
scientifically based research indicating that
services may be most effective if focused on
students in the earliest grades at schools that
receive funds under this part;
[(G) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age
of compulsory school attendance, ensure that
such services comply with the education
performance standards in effect under section
641A(a)(1)(B) of the Head Start Act;
[(H) work in consultation with schools as
the schools develop and implement their plans
or activities under sections 1118 and 1119;
[(I) comply with the requirements of
section 1119 regarding the qualifications of
teachers and paraprofessionals and professional
development;
[(J) inform eligible schools of the local
educational agency's authority to obtain
waivers on the school's behalf under title IX
and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education
Flexibility Partnership Act of 1999;
[(K) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with the State
educational agency and other agencies providing
services to children, youth, and families with
respect to a school in school improvement,
corrective action, or restructuring under
section 1116 if such a school requests
assistance from the local educational agency in
addressing major factors that have
significantly affected student achievement at
the school;
[(L) ensure, through incentives for
voluntary transfers, the provision of
professional development, recruitment programs,
or other effective strategies, that low-income
students and minority students are not taught
at higher rates than other students by
unqualified, out-of-field, or inexperienced
teachers;
[(M) use the results of the student
academic assessments required under section
1111(b)(3), and other measures or indicators
available to the agency, to review annually the
progress of each school served by the agency
and receiving funds under this part to
determine whether all of the schools are making
the progress necessary to ensure that all
students will meet the State's proficient level
of achievement on the State academic
assessments described in section 1111(b)(3)
within 12 years from the end of the 2001-2002
school year;
[(N) ensure that the results from the
academic assessments required under section
1111(b)(3) will be provided to parents and
teachers as soon as is practicably possible
after the test is taken, in an understandable
and uniform format and, to the extent
practicable, provided in a language that the
parents can understand; and
[(O) assist each school served by the
agency and assisted under this part in
developing or identifying examples of high-
quality, effective curricula consistent with
section 1111(b)(8)(D).
[(2) Special rule.--In carrying out subparagraph
(G) of paragraph (1), the Secretary--
[(A) shall consult with the Secretary of
Health and Human Services and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher
contracts) to assist local educational agencies
to comply with such subparagraph; and
[(B) shall disseminate to local educational
agencies the education performance standards in
effect under section 641A(a)(1)(B) of the Head
Start Act, and such agencies affected by such
subparagraph shall plan for the implementation
of such subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--Paragraph (1)(G) of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs that are
expanded through the use of funds under this part.
[(d) Plan Development and Duration.--
[(1) Consultation.--Each local educational agency
plan shall be developed in consultation with teachers,
principals, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents of
children in schools served under this part.
[(2) Duration.--Each such plan shall be submitted
for the first year for which this part is in effect
following the date of enactment of the No Child Left
Behind Act of 2001 and shall remain in effect for the
duration of the agency's participation under this part.
[(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
[(e) State Approval.--
[(1) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
[(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
[(A) enables schools served under this part
to substantially help children served under
this part meet the academic standards expected
of all children described in section
1111(b)(1); and
[(B) meets the requirements of this
section.
[(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agencies activities are in accordance with
sections 1118 and 1119.
[(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
[(g) Parental Notification.--
[(1) In general.--
[(A) Notice.--Each local educational agency
using funds under this part to provide a
language instruction educational program as
determined in part C of title III shall, not
later than 30 days after the beginning of the
school year, inform a parent or parents of a
limited English proficient child identified for
participation or participating in, such a
program of--
[(i) the reasons for the
identification of their child as
limited English proficient and in need
of placement in a language instruction
educational program;
[(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
[(iii) the methods of instruction
used in the program in which their
child is, or will be participating, and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
[(iv) how the program in which
their child is, or will be
participating, will meet the
educational strengths and needs of
their child;
[(v) how such program will
specifically help their child learn
English, and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
[(vi) the specific exit
requirements for the program, including
the expected rate of transition from
such program into classrooms that are
not tailored for limited English
proficient children, and the expected
rate of graduation from secondary
school for such program if funds under
this part are used for children in
secondary schools;
[(vii) in the case of a child with
a disability, how such program meets
the objectives of the individualized
education program of the child;
[(viii) information pertaining to
parental rights that includes written
guidance--
[(I) detailing--
[(aa) the right
that parents have to
have their child
immediately removed
from such program upon
their request; and
[(bb) the options
that parents have to
decline to enroll their
child in such program
or to choose another
program or method of
instruction, if
available; and
[(II) assisting parents in
selecting among various
programs and methods of
instruction, if more than one
program or method is offered by
the eligible entity.
[(B) Separate notification.--In addition to
providing the information required to be
provided under paragraph (1), each eligible
entity that is using funds provided under this
part to provide a language instruction
educational program, and that has failed to
make progress on the annual measurable
achievement objectives described in section
3122 for any fiscal year for which part A is in
effect, shall separately inform a parent or the
parents of a child identified for participation
in such program, or participating in such
program, of such failure not later than 30 days
after such failure occurs.
[(2) Notice.--The notice and information provided
in paragraph (1) to a parent or parents of a child
identified for participation in a language instruction
educational program for limited English proficient
children shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
[(3) Special rule applicable during the school
year.--For those children who have not been identified
as limited English proficient prior to the beginning of
the school year the local educational agency shall
notify parents within the first 2 weeks of the child
being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
[(4) Parental participation.--Each local
educational agency receiving funds under this part
shall implement an effective means of outreach to
parents of limited English proficient students to
inform the parents regarding how the parents can be
involved in the education of their children, and be
active participants in assisting their children to
attain English proficiency, achieve at high levels in
core academic subjects, and meet challenging State
academic achievement standards and State academic
content standards expected of all students, including
holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this part.
[(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
[SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
[(a) Determination.--
[(1) In general.--A local educational agency shall
use funds received under this part only in eligible
school attendance areas.
[(2) Eligible school attendance areas.--For the
purposes of this part--
[(A) the term ``school attendance area''
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
[(B) the term ``eligible school attendance
area'' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families served by
the local educational agency as a whole.
[(3) Ranking order.--If funds allocated in
accordance with subsection (c) are insufficient to
serve all eligible school attendance areas, a local
educational agency shall--
[(A) annually rank, without regard to grade
spans, such agency's eligible school attendance
areas in which the concentration of children
from low-income families exceeds 75 percent
from highest to lowest according to the
percentage of children from low-income
families; and
[(B) serve such eligible school attendance
areas in rank order.
[(4) Remaining funds.--If funds remain after
serving all eligible school attendance areas under
paragraph (3), a local educational agency shall--
[(A) annually rank such agency's remaining
eligible school attendance areas from highest
to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
[(B) serve such eligible school attendance
areas in rank order either within each grade-
span grouping or within the local educational
agency as a whole.
[(5) Measures.--The local educational agency shall
use the same measure of poverty, which measure shall be
the number of children ages 5 through 17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive
medical assistance under the Medicaid program, or a
composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
[(A) to identify eligible school attendance
areas;
[(B) to determine the ranking of each area;
and
[(C) to determine allocations under
subsection (c).
[(6) Exception.--This subsection shall not apply to
a local educational agency with a total enrollment of
less than 1,000 children.
[(7) Waiver for desegregation plans.--The Secretary
may approve a local educational agency's written
request for a waiver of the requirements of subsections
(a) and (c), and permit such agency to treat as
eligible, and serve, any school that children attend
with a State-ordered, court-ordered school
desegregation plan or a plan that continues to be
implemented in accordance with a State-ordered or
court-ordered desegregation plan, if--
[(A) the number of economically
disadvantaged children enrolled in the school
is at least 25 percent of the school's total
enrollment; and
[(B) the Secretary determines on the basis
of a written request from such agency and in
accordance with such criteria as the Secretary
establishes, that approval of that request
would further the purposes of this part.
[(b) Local Educational Agency Discretion.--
[(1) In general.--Notwithstanding subsection
(a)(2), a local educational agency may--
[(A) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
[(B) use funds received under this part in
a school that is not in an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency;
[(C) designate and serve a school
attendance area or school that is not eligible
under this section, but that was eligible and
that was served in the preceding fiscal year,
but only for 1 additional fiscal year; and
[(D) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
[(i) the school meets the
comparability requirements of section
1120A(c);
[(ii) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of section 1114 or
1115; and
[(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this part.
[(2) Special rule.--Notwithstanding paragraph
(1)(D), the number of children attending private
elementary schools and secondary schools who are to
receive services, and the assistance such children are
to receive under this part, shall be determined without
regard to whether the public school attendance area in
which such children reside is assisted under
subparagraph (A).
[(c) Allocations.--
[(1) In general.--A local educational agency shall
allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under subsections (a) and (b), in rank order, on the
basis of the total number of children from low-income
families in each area or school.
[(2) Special rule.--
[(A) In general.--Except as provided in
subparagraph (B), the per-pupil amount of funds
allocated to each school attendance area or
school under paragraph (1) shall be at least
125 percent of the per-pupil amount of funds a
local educational agency received for that year
under the poverty criteria described by the
local educational agency in the plan submitted
under section 1112, except that this paragraph
shall not apply to a local educational agency
that only serves schools in which the
percentage of such children is 35 percent or
greater.
[(B) Exception.--A local educational agency
may reduce the amount of funds allocated under
subparagraph (A) for a school attendance area
or school by the amount of any supplemental
State and local funds expended in that school
attendance area or school for programs that
meet the requirements of section 1114 or 1115.
[(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
[(A) homeless children who do not attend
participating schools, including providing
educationally related support services to
children in shelters and other locations where
children may live;
[(B) children in local institutions for
neglected children; and
[(C) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.
[(4) Financial incentives and rewards
reservation.--A local educational agency may reserve
such funds as are necessary from those funds received
by the local educational agency under title II, and not
more than 5 percent of those funds received by the
local educational agency under subpart 2, to provide
financial incentives and rewards to teachers who serve
in schools eligible under this section and identified
for school improvement, corrective action, and
restructuring under section 1116(b) for the purpose of
attracting and retaining qualified and effective
teachers.
[SEC. 1114. SCHOOLWIDE PROGRAMS.
[(a) Use of Funds for Schoolwide Programs.--
[(1) In general.--A local educational agency may
consolidate and use funds under this part, together
with other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that
serves an eligible school attendance area in which not
less than 40 percent of the children are from low-
income families, or not less than 40 percent of the
children enrolled in the school are from such families.
[(2) Identification of students not required.--
[(A) In general.--No school participating
in a schoolwide program shall be required--
[(i) to identify particular
children under this part as eligible to
participate in a schoolwide program; or
[(ii) to provide services to such
children that are supplementary, as
otherwise required by section 1120A(b).
[(B) Supplemental funds.--A school
participating in a schoolwide program shall use
funds available to carry out this section only
to supplement the amount of funds that would,
in the absence of funds under this part, be
made available from non-Federal sources for the
school, including funds needed to provide
services that are required by law for children
with disabilities and children with limited
English proficiency.
[(3) Exemption from statutory and regulatory
requirements.--
[(A) Exemption.--Except as provided in
subsection (b), the Secretary may, through
publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and
purposes of such other programs are met.
[(B) Requirements.--A school that chooses
to use funds from such other programs shall not
be relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
maintenance of effort, comparability of
services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the
distribution of funds to State educational
agencies or local educational agencies that
apply to the receipt of funds from such
programs.
[(C) Records.--A school that consolidates
and uses funds from different Federal programs
under this section shall not be required to
maintain separate fiscal accounting records, by
program, that identify the specific activities
supported by those particular funds as long as
the school maintains records that demonstrate
that the schoolwide program, considered as a
whole, addresses the intent and purposes of
each of the Federal programs that were
consolidated to support the schoolwide program.
[(4) Professional development.--Each school
receiving funds under this part for any fiscal year
shall devote sufficient resources to effectively carry
out the activities described in subsection (b)(1)(D) in
accordance with section 1119 for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.
[(b) Components of a Schoolwide Program.--
[(1) In general.--A schoolwide program shall
include the following components:
[(A) A comprehensive needs assessment of
the entire school (including taking into
account the needs of migratory children as
defined in section 1309(2)) that is based on
information which includes the achievement of
children in relation to the State academic
content standards and the State student
academic achievement standards described in
section 1111(b)(1).
[(B) Schoolwide reform strategies that--
[(i) provide opportunities for all
children to meet the State's proficient
and advanced levels of student academic
achievement described in section
1111(b)(1)(D);
[(ii) use effective methods and
instructional strategies that are based
on scientifically based research that--
[(I) strengthen the core
academic program in the school;
[(II) increase the amount
and quality of learning time,
such as providing an extended
school year and before- and
after-school and summer
programs and opportunities, and
help provide an enriched and
accelerated curriculum; and
[(III) include strategies
for meeting the educational
needs of historically
underserved populations;
[(iii)(I) include strategies to
address the needs of all children in
the school, but particularly the needs
of low-achieving children and those at
risk of not meeting the State student
academic achievement standards who are
members of the target population of any
program that is included in the
schoolwide program, which may include--
[(aa) counseling, pupil
services, and mentoring
services;
[(bb) college and career
awareness and preparation, such
as college and career guidance,
personal finance education, and
innovative teaching methods,
which may include applied
learning and team-teaching
strategies; and
[(cc) the integration of
vocational and technical
education programs; and
[(II) address how the school will
determine if such needs have been met;
and
[(iv) are consistent with, and are
designed to implement, the State and
local improvement plans, if any.
[(C) Instruction by highly qualified
teachers.
[(D) In accordance with section 1119 and
subsection (a)(4), high-quality and ongoing
professional development for teachers,
principals, and paraprofessionals and, if
appropriate, pupil services personnel, parents,
and other staff to enable all children in the
school to meet the State's student academic
achievement standards.
[(E) Strategies to attract high-quality
highly qualified teachers to high-need schools.
[(F) Strategies to increase parental
involvement in accordance with section 1118,
such as family literary services.
[(G) Plans for assisting preschool children
in the transition from early childhood
programs, such as Head Start, Even Start, Early
Reading First, or a State-run preschool
program, to local elementary school programs.
[(H) Measures to include teachers in the
decisions regarding the use of academic
assessments described in section 1111(b)(3) in
order to provide information on, and to
improve, the achievement of individual students
and the overall instructional program.
[(I) Activities to ensure that students who
experience difficulty mastering the proficient
or advanced levels of academic achievement
standards required by section 1111(b)(1) shall
be provided with effective, timely additional
assistance which shall include measures to
ensure that students' difficulties are
identified on a timely basis and to provide
sufficient information on which to base
effective assistance.
[(J) Coordination and integration of
Federal, State, and local services and
programs, including programs supported under
this Act, violence prevention programs,
nutrition programs, housing programs, Head
Start, adult education, vocational and
technical education, and job training.
[(2) Plan.--
[(A) In general.--Any eligible school that
desires to operate a schoolwide program shall
first develop (or amend a plan for such a
program that was in existence on the day before
the date of enactment of the No Child Left
Behind Act of 2001), in consultation with the
local educational agency and its school support
team or other technical assistance provider
under section 1117, a comprehensive plan for
reforming the total instructional program in
the school that--
[(i) describes how the school will
implement the components described in
paragraph (1);
[(ii) describes how the school will
use resources under this part and from
other sources to implement those
components;
[(iii) includes a list of State
educational agency and local
educational agency programs and other
Federal programs under subsection
(a)(3) that will be consolidated in the
schoolwide program; and
[(iv) describes how the school will
provide individual student academic
assessment results in a language the
parents can understand, including an
interpretation of those results, to the
parents of a child who participates in
the academic assessments required by
section 1111(b)(3).
[(B) Plan development.--The comprehensive
plan shall be--
[(i) developed during a one-year
period, unless--
[(I) the local educational
agency, after considering the
recommendation of the technical
assistance providers under
section 1117, determines that
less time is needed to develop
and implement the schoolwide
program; or
[(II) the school is
operating a schoolwide program
on the day preceding the date
of enactment of the No Child
Left Behind Act of 2001, in
which case such school may
continue to operate such
program, but shall develop
amendments to its existing plan
during the first year of
assistance after that date to
reflect the provisions of this
section;
[(ii) developed with the
involvement of parents and other
members of the community to be served
and individuals who will carry out such
plan, including teachers, principals,
and administrators (including
administrators of programs described in
other parts of this title), and, if
appropriate, pupil services personnel,
technical assistance providers, school
staff, and, if the plan relates to a
secondary school, students from such
school;
[(iii) in effect for the duration
of the school's participation under
this part and reviewed and revised, as
necessary, by the school;
[(iv) available to the local
educational agency, parents, and the
public, and the information contained
in such plan shall be in an
understandable and uniform format and,
to the extent practicable, provided in
a language that the parents can
understand; and
[(v) if appropriate, developed in
coordination with programs under
Reading First, Early Reading First,
Even Start, the Carl D. Perkins Career
and Technical Education Act of 2006,
and the Head Start Act.
[(c) Prekindergarten Program.--A school that is eligible
for a schoolwide program under this section may use funds made
available under this part to establish or enhance
prekindergarten programs for children below the age of 6, such
as Even Start programs or Early Reading First programs.
[SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
[(a) In General.--In all schools selected to receive funds
under section 1113(c) that are ineligible for a schoolwide
program under section 1114, or that choose not to operate such
a schoolwide program, a local educational agency serving such
school may use funds received under this part only for programs
that provide services to eligible children under subsection (b)
identified as having the greatest need for special assistance.
[(b) Eligible Children.--
[(1) Eligible population.--
[(A) In general.--The eligible population
for services under this section is--
[(i) children not older than age 21
who are entitled to a free public
education through grade 12; and
[(ii) children who are not yet at a
grade level at which the local
educational agency provides a free
public education.
[(B) Eligible children from eligible
population.--From the population described in
subparagraph (A), eligible children are
children identified by the school as failing,
or most at risk of failing, to meet the State's
challenging student academic achievement
standards on the basis of multiple,
educationally related, objective criteria
established by the local educational agency and
supplemented by the school, except that
children from preschool through grade 2 shall
be selected solely on the basis of such
criteria as teacher judgment, interviews with
parents, and developmentally appropriate
measures.
[(2) Children included.--
[(A) In general.--Children who are
economically disadvantaged, children with
disabilities, migrant children or limited
English proficient children, are eligible for
services under this part on the same basis as
other children selected to receive services
under this part.
[(B) Head start, even start, or early
reading first children.--A child who, at any
time in the 2 years preceding the year for
which the determination is made, participated
in a Head Start, Even Start, or Early Reading
First program, or in preschool services under
this title, is eligible for services under this
part.
[(C) Part c children.--A child who, at any
time in the 2 years preceding the year for
which the determination is made, received
services under part C is eligible for services
under this part.
[(D) Neglected or delinquent children.--A
child in a local institution for neglected or
delinquent children and youth or attending a
community day program for such children is
eligible for services under this part.
[(E) Homeless children.--A child who is
homeless and attending any school served by the
local educational agency is eligible for
services under this part.
[(3) Special rule.--Funds received under this part
may not be used to provide services that are otherwise
required by law to be made available to children
described in paragraph (2) but may be used to
coordinate or supplement such services.
[(c) Components of a Targeted Assistance School Program.--
[(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this part the opportunity to meet the State's
challenging student academic achievement standards in
subjects as determined by the State, each targeted
assistance program under this section shall--
[(A) use such program's resources under
this part to help participating children meet
such State's challenging student academic
achievement standards expected for all
children;
[(B) ensure that planning for students
served under this part is incorporated into
existing school planning;
[(C) use effective methods and
instructional strategies that are based on
scientifically based research that strengthens
the core academic program of the school and
that--
[(i) give primary consideration to
providing extended learning time, such
as an extended school year, before- and
after-school, and summer programs and
opportunities;
[(ii) help provide an accelerated,
high-quality curriculum, including
applied learning; and
[(iii) minimize removing children
from the regular classroom during
regular school hours for instruction
provided under this part;
[(D) coordinate with and support the
regular education program, which may include
services to assist preschool children in the
transition from early childhood programs such
as Head Start, Even Start, Early Reading First
or State-run preschool programs to elementary
school programs;
[(E) provide instruction by highly
qualified teachers;
[(F) in accordance with subsection (e)(3)
and section 1119, provide opportunities for
professional development with resources
provided under this part, and, to the extent
practicable, from other sources, for teachers,
principals, and paraprofessionals, including,
if appropriate, pupil services personnel,
parents, and other staff, who work with
participating children in programs under this
section or in the regular education program;
[(G) provide strategies to increase
parental involvement in accordance with section
1118, such as family literacy services; and
[(H) coordinate and integrate Federal,
State, and local services and programs,
including programs supported under this Act,
violence prevention programs, nutrition
programs, housing programs, Head Start, adult
education, vocational and technical education,
and job training.
[(2) Requirements.--Each school conducting a
program under this section shall assist participating
children selected in accordance with subsection (b) to
meet the State's proficient and advanced levels of
achievement by--
[(A) the coordinating of resources provided
under this part with other resources; and
[(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's challenging
student academic achievement standards, such as
an extended school year, before- and after-
school, and summer programs and opportunities,
training for teachers regarding how to identify
students who need additional assistance, and
training for teachers regarding how to
implement student academic achievement
standards in the classroom.
[(d) Integration of Professional Development.--To promote
the integration of staff supported with funds under this part
into the regular school program and overall school planning and
improvement efforts, public school personnel who are paid with
funds received under this part may--
[(1) participate in general professional
development and school planning activities; and
[(2) assume limited duties that are assigned to
similar personnel who are not so paid, including duties
beyond classroom instruction or that do not benefit
participating children, so long as the amount of time
spent on such duties is the same proportion of total
work time as prevails with respect to similar personnel
at the same school.
[(e) Special Rules.--
[(1) Simultaneous service.--Nothing in this section
shall be construed to prohibit a school from serving
students under this section simultaneously with
students with similar educational needs, in the same
educational settings where appropriate.
[(2) Comprehensive services.--If--
[(A) health, nutrition, and other social
services are not otherwise available to
eligible children in a targeted assistance
school and such school, if appropriate, has
engaged in a comprehensive needs assessment and
established a collaborative partnership with
local service providers; and
[(B) funds are not reasonably available
from other public or private sources to provide
such services, then a portion of the funds
provided under this part may be used as a last
resort to provide such services, including--
[(i) the provision of basic medical
equipment, such as eyeglasses and
hearing aids;
[(ii) compensation of a
coordinator; and
[(iii) professional development
necessary to assist teachers, pupil
services personnel, other staff, and
parents in identifying and meeting the
comprehensive needs of eligible
children.
[(3) Professional development.--Each school
receiving funds under this part for any fiscal year
shall devote sufficient resources to carry out
effectively the professional development activities
described in subparagraph (F) of subsection (c)(1) in
accordance with section 1119 for such fiscal year, and
a school may enter into a consortium with another
school to carry out such activities.
[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
[(a) Local Review.--
[(1) In general.--Each local educational agency
receiving funds under this part shall--
[(A) use the State academic assessments and
other indicators described in the State plan to
review annually the progress of each school
served under this part to determine whether the
school is making adequate yearly progress as
defined in section 1111(b)(2);
[(B) at the local educational agency's
discretion, use any academic assessments or any
other academic indicators described in the
local educational agency's plan under section
1112(b)(1)(A) and (B) to review annually the
progress of each school served under this part
to determine whether the school is making
adequate yearly progress as defined in section
1111(b)(2), except that the local educational
agency may not use such indicators (other than
as provided for in section 1111(b)(2)(I)) if
the indicators reduce the number or change the
schools that would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116 if such
additional indicators were not used, but may
identify additional schools for school
improvement or in need of corrective action or
restructuring;
[(C) publicize and disseminate the results
of the local annual review described in
paragraph (1) to parents, teachers, principals,
schools, and the community so that the
teachers, principals, other staff, and schools
can continually refine, in an instructionally
useful manner, the program of instruction to
help all children served under this part meet
the challenging State student academic
achievement standards established under section
1111(b)(1); and
[(D) review the effectiveness of the
actions and activities the schools are carrying
out under this part with respect to parental
involvement, professional development, and
other activities assisted under this part.
[(2) Available results.--The State educational
agency shall ensure that the results of State academic
assessments administered in that school year are
available to the local educational agency before the
beginning of the next school year.
[(b) School Improvement.--
[(1) General requirements.--
[(A) Identification.--Subject to
subparagraph (C), a local educational agency
shall identify for school improvement any
elementary school or secondary school served
under this part that fails, for 2 consecutive
years, to make adequate yearly progress as
defined in the State's plan under section
1111(b)(2).
[(B) Deadline.--The identification
described in subparagraph (A) shall take place
before the beginning of the school year
following such failure to make adequate yearly
progress.
[(C) Application.--Subparagraph (A) shall
not apply to a school if almost every student
in each group specified in section
1111(b)(2)(C)(v) enrolled in such school is
meeting or exceeding the State's proficient
level of academic achievement.
[(D) Targeted assistance schools.--To
determine if an elementary school or a
secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement, corrective
action, or restructuring under this section, a
local educational agency may choose to review
the progress of only the students in the school
who are served, or are eligible for services,
under this part.
[(E) Public school choice.--
[(i) In general.--In the case of a
school identified for school
improvement under this paragraph, the
local educational agency shall, not
later than the first day of the school
year following such identification,
provide all students enrolled in the
school with the option to transfer to
another public school served by the
local educational agency, which may
include a public charter school, that
has not been identified for school
improvement under this paragraph,
unless such an option is prohibited by
State law.
[(ii) Rule.--In providing students
the option to transfer to another
public school, the local educational
agency shall give priority to the
lowest achieving children from low-
income families, as determined by the
local educational agency for purposes
of allocating funds to schools under
section 1113(c)(1).
[(F) Transfer.--Students who use the option
to transfer under subparagraph (E) and
paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or
subsection (c)(10)(C)(vii) shall be enrolled in
classes and other activities in the public
school to which the students transfer in the
same manner as all other children at the public
school.
[(2) Opportunity to review and present evidence;
time limit.--
[(A) Identification.--Before identifying an
elementary school or a secondary school for
school improvement under paragraphs (1) or
(5)(A), for corrective action under paragraph
(7), or for restructuring under paragraph (8),
the local educational agency shall provide the
school with an opportunity to review the
school-level data, including academic
assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the principal of a
school proposed for identification under
paragraph (1), (5)(A), (7), or (8) believes, or
a majority of the parents of the students
enrolled in such school believe, that the
proposed identification is in error for
statistical or other substantive reasons, the
principal may provide supporting evidence to
the local educational agency, which shall
consider that evidence before making a final
determination.
[(C) Final determination.--Not later than
30 days after a local educational agency
provides the school with the opportunity to
review such school-level data, the local
educational agency shall make public a final
determination on the status of the school with
respect to the identification.
[(3) School plan.--
[(A) Revised plan.--After the resolution of
a review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, and outside experts, for
approval by such local educational agency. The
school plan shall cover a 2-year period and--
[(i) incorporate strategies based
on scientifically based research that
will strengthen the core academic
subjects in the school and address the
specific academic issues that caused
the school to be identified for school
improvement, and may include a strategy
for the implementation of a
comprehensive school reform model that
includes each of the components
described in part F;
[(ii) adopt policies and practices
concerning the school's core academic
subjects that have the greatest
likelihood of ensuring that all groups
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school will meet the State's proficient
level of achievement on the State
academic assessment described in
section 1111(b)(3) not later than 12
years after the end of the 2001-2002
school year;
[(iii) provide an assurance that
the school will spend not less than 10
percent of the funds made available to
the school under section 1113 for each
fiscal year that the school is in
school improvement status, for the
purpose of providing to the school's
teachers and principal high-quality
professional development that--
[(I) directly addresses the
academic achievement problem
that caused the school to be
identified for school
improvement;
[(II) meets the
requirements for professional
development activities under
section 1119; and
[(III) is provided in a
manner that affords increased
opportunity for participating
in that professional
development;
[(iv) specify how the funds
described in clause (iii) will be used
to remove the school from school
improvement status;
[(v) establish specific annual,
measurable objectives for continuous
and substantial progress by each group
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school that will ensure that all such
groups of students will, in accordance
with adequate yearly progress as
defined in section 1111(b)(2), meet the
State's proficient level of achievement
on the State academic assessment
described in section 1111(b)(3) not
later than 12 years after the end of
the 2001-2002 school year;
[(vi) describe how the school will
provide written notice about the
identification to parents of each
student enrolled in such school, in a
format and, to the extent practicable,
in a language that the parents can
understand;
[(vii) specify the responsibilities
of the school, the local educational
agency, and the State educational
agency serving the school under the
plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4)
and the local educational agency's
responsibilities under section 1120A;
[(viii) include strategies to
promote effective parental involvement
in the school;
[(ix) incorporate, as appropriate,
activities before school, after school,
during the summer, and during any
extension of the school year; and
[(x) incorporate a teacher
mentoring program.
[(B) Conditional approval.--The local
educational agency may condition approval of a
school plan under this paragraph on--
[(i) inclusion of one or more of
the corrective actions specified in
paragraph (7)(C)(iv); or
[(ii) feedback on the school
improvement plan from parents and
community leaders.
[(C) Plan implementation.--Except as
provided in subparagraph (D), a school shall
implement the school plan (including a revised
plan) expeditiously, but not later than the
beginning of the next full school year
following the identification under paragraph
(1).
[(D) Plan approved during school year.--
Notwithstanding subparagraph (C), if a plan is
not approved prior to the beginning of a school
year, such plan shall be implemented
immediately upon approval.
[(E) Local educational agency approval.--
The local educational agency, within 45 days of
receiving a school plan, shall--
[(i) establish a peer review
process to assist with review of the
school plan; and
[(ii) promptly review the school
plan, work with the school as
necessary, and approve the school plan
if the plan meets the requirements of
this paragraph.
[(4) Technical assistance.--
[(A) In general.--For each school
identified for school improvement under
paragraph (1), the local educational agency
serving the school shall ensure the provision
of technical assistance as the school develops
and implements the school plan under paragraph
(3) throughout the plan's duration.
[(B) Specific assistance.--Such technical
assistance--
[(i) shall include assistance in
analyzing data from the assessments
required under section 1111(b)(3), and
other examples of student work, to
identify and address problems in
instruction, and problems if any, in
implementing the parental involvement
requirements described in section 1118,
the professional development
requirements described in section 1119,
and the responsibilities of the school
and local educational agency under the
school plan, and to identify and
address solutions to such problems;
[(ii) shall include assistance in
identifying and implementing
professional development, instructional
strategies, and methods of instruction
that are based on scientifically based
research and that have proven effective
in addressing the specific
instructional issues that caused the
school to be identified for school
improvement;
[(iii) shall include assistance in
analyzing and revising the school's
budget so that the school's resources
are more effectively allocated to the
activities most likely to increase
student academic achievement and to
remove the school from school
improvement status; and
[(iv) may be provided--
[(I) by the local
educational agency, through
mechanisms authorized under
section 1117; or
[(II) by the State
educational agency, an
institution of higher education
(that is in full compliance
with all the reporting
provisions of title II of the
Higher Education Act of 1965),
a private not-for-profit
organization or for-profit
organization, an educational
service agency, or another
entity with experience in
helping schools improve
academic achievement.
[(C) Scientifically based research.--
Technical assistance provided under this
section by a local educational agency or an
entity approved by that agency shall be based
on scientifically based research.
[(5) Failure to make adequate yearly progress after
identification.--In the case of any school served under
this part that fails to make adequate yearly progress,
as set out in the State's plan under section
1111(b)(2), by the end of the first full school year
after identification under paragraph (1), the local
educational agency serving such school--
[(A) shall continue to provide all students
enrolled in the school with the option to
transfer to another public school served by the
local educational agency in accordance with
subparagraphs (E) and (F);
[(B) shall make supplemental educational
services available consistent with subsection
(e)(1); and
[(C) shall continue to provide technical
assistance.
[(6) Notice to parents.--A local educational agency
shall promptly provide to a parent or parents (in an
understandable and uniform format and, to the extent
practicable, in a language the parents can understand)
of each student enrolled in an elementary school or a
secondary school identified for school improvement
under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph
(8)--
[(A) an explanation of what the
identification means, and how the school
compares in terms of academic achievement to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
[(B) the reasons for the identification;
[(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low achievement;
[(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
achievement problem;
[(E) an explanation of how the parents can
become involved in addressing the academic
issues that caused the school to be identified
for school improvement; and
[(F) an explanation of the parents' option
to transfer their child to another public
school under paragraphs (1)(E), (5)(A),
(7)(C)(i), (8)(A)(i), and subsection
(c)(10)(C)(vii) (with transportation provided
by the agency when required by paragraph (9))
or to obtain supplemental educational services
for the child, in accordance with subsection
(e).
[(7) Corrective action.--
[(A) In general.--In this subsection, the
term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to--
[(I) the consistent
academic failure of a school
that caused the local
educational agency to take such
action; and
[(II) any underlying
staffing, curriculum, or other
problems in the school; and
[(ii) is designed to increase
substantially the likelihood that each
group of students described in
1111(b)(2)(C) enrolled in the school
identified for corrective action will
meet or exceed the State's proficient
levels of achievement on the State
academic assessments described in
section 1111(b)(3).
[(B) System.--In order to help students
served under this part meet challenging State
student academic achievement standards, each
local educational agency shall implement a
system of corrective action in accordance with
subparagraphs (C) through (E).
[(C) Role of local educational agency.--In
the case of any school served by a local
educational agency under this part that fails
to make adequate yearly progress, as defined by
the State under section 1111(b)(2), by the end
of the second full school year after the
identification under paragraph (1), the local
educational agency shall--
[(i) continue to provide all
students enrolled in the school with
the option to transfer to another
public school served by the local
educational agency, in accordance with
paragraph (1)(E) and (F);
[(ii) continue to provide technical
assistance consistent with paragraph
(4) while instituting any corrective
action under clause (iv);
[(iii) continue to make
supplemental educational services
available, in accordance with
subsection (e), to children who remain
in the school; and
[(iv) identify the school for
corrective action and take at least one
of the following corrective actions:
[(I) Replace the school
staff who are relevant to the
failure to make adequate yearly
progress.
[(II) Institute and fully
implement a new curriculum,
including providing appropriate
professional development for
all relevant staff, that is
based on scientifically based
research and offers substantial
promise of improving
educational achievement for
low-achieving students and
enabling the school to make
adequate yearly progress.
[(III) Significantly
decrease management authority
at the school level.
[(IV) Appoint an outside
expert to advise the school on
its progress toward making
adequate yearly progress, based
on its school plan under
paragraph (3).
[(V) Extend the school year
or school day for the school.
[(VI) Restructure the
internal organizational
structure of the school.
[(D) Delay.--Notwithstanding any other
provision of this paragraph, the local
educational agency may delay, for a period not
to exceed 1 year, implementation of the
requirements under paragraph (5), corrective
action under this paragraph, or restructuring
under paragraph (8) if the school makes
adequate yearly progress for 1 year or if its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency or school. No
such period shall be taken into account in
determining the number of consecutive years of
failure to make adequate yearly progress.
[(E) Publication and dissemination.--The
local educational agency shall publish and
disseminate information regarding any
corrective action the local educational agency
takes under this paragraph at a school--
[(i) to the public and to the
parents of each student enrolled in the
school subject to corrective action;
[(ii) in an understandable and
uniform format and, to the extent
practicable, provided in a language
that the parents can understand; and
[(iii) through such means as the
Internet, the media, and public
agencies.
[(8) Restructuring.--
[(A) Failure to make adequate yearly
progress.--If, after 1 full school year of
corrective action under paragraph (7), a school
subject to such corrective action continues to
fail to make adequate yearly progress, then the
local educational agency shall--
[(i) continue to provide all
students enrolled in the school with
the option to transfer to another
public school served by the local
educational agency, in accordance with
paragraph (1)(E) and (F);
[(ii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iii) prepare a plan and make
necessary arrangements to carry out
subparagraph (B).
[(B) Alternative governance.--Not later
than the beginning of the school year following
the year in which the local educational agency
implements subparagraph (A), the local
educational agency shall implement one of the
following alternative governance arrangements
for the school consistent with State law:
[(i) Reopening the school as a
public charter school.
[(ii) Replacing all or most of the
school staff (which may include the
principal) who are relevant to the
failure to make adequate yearly
progress.
[(iii) Entering into a contract
with an entity, such as a private
management company, with a demonstrated
record of effectiveness, to operate the
public school.
[(iv) Turning the operation of the
school over to the State educational
agency, if permitted under State law
and agreed to by the State.
[(v) Any other major restructuring
of the school's governance arrangement
that makes fundamental reforms, such as
significant changes in the school's
staffing and governance, to improve
student academic achievement in the
school and that has substantial promise
of enabling the school to make adequate
yearly progress as defined in the State
plan under section 1111(b)(2). In the
case of a rural local educational
agency with a total of less than 600
students in average daily attendance at
the schools that are served by the
agency and all of whose schools have a
School Locale Code of 7 or 8, as
determined by the Secretary, the
Secretary shall, at such agency's
request, provide technical assistance
to such agency for the purpose of
implementing this clause.
[(C) Prompt notice.--The local educational
agency shall--
[(i) provide prompt notice to
teachers and parents whenever
subparagraph (A) or (B) applies; and
[(ii) provide the teachers and
parents with an adequate opportunity
to--
[(I) comment before taking
any action under those
subparagraphs; and
[(II) participate in
developing any plan under
subparagraph (A)(iii).
[(9) Transportation.--In any case described in
paragraph (1)(E) for schools described in paragraphs
(1)(A), (5), (7)(C)(i), and (8)(A), and subsection
(c)(10)(C)(vii), the local educational agency shall
provide, or shall pay for the provision of,
transportation for the student to the public school the
student attends.
[(10) Funds for transportation and supplemental
educational services.--
[(A) In general.--Unless a lesser amount is
needed to comply with paragraph (9) and to
satisfy all requests for supplemental
educational services under subsection (e), a
local educational agency shall spend an amount
equal to 20 percent of its allocation under
subpart 2, from which the agency shall spend--
[(i) an amount equal to 5 percent
of its allocation under subpart 2 to
provide, or pay for, transportation
under paragraph (9);
[(ii) an amount equal to 5 percent
of its allocation under subpart 2 to
provide supplemental educational
services under subsection (e); and
[(iii) an amount equal to the
remaining 10 percent of its allocation
under subpart 2 for transportation
under paragraph (9), supplemental
educational services under subsection
(e), or both, as the agency determines.
[(B) Total amount.--The total amount
described in subparagraph (A)(ii) is the
maximum amount the local educational agency
shall be required to spend under this part on
supplemental educational services described in
subsection (e).
[(C) Insufficient funds.--If the amount of
funds described in subparagraph (A)(ii) or
(iii) and available to provide services under
this subsection is insufficient to provide
supplemental educational services to each child
whose parents request the services, the local
educational agency shall give priority to
providing the services to the lowest-achieving
children.
[(D) Prohibition.--A local educational
agency shall not, as a result of the
application of this paragraph, reduce by more
than 15 percent the total amount made available
under section 1113(c) to a school described in
paragraph (7)(C) or (8)(A) of subsection (b).
[(11) Cooperative agreement.--In any case described
in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i),
or subsection (c)(10)(C)(vii) if all public schools
served by the local educational agency to which a child
may transfer are identified for school improvement,
corrective action or restructuring, the agency shall,
to the extent practicable, establish a cooperative
agreement with other local educational agencies in the
area for a transfer.
[(12) Duration.--If any school identified for
school improvement, corrective action, or restructuring
makes adequate yearly progress for two consecutive
school years, the local educational agency shall no
longer subject the school to the requirements of school
improvement, corrective action, or restructuring or
identify the school for school improvement for the
succeeding school year.
[(13) Special rule.--A local educational agency
shall permit a child who transferred to another school
under this subsection to remain in that school until
the child has completed the highest grade in that
school. The obligation of the local educational agency
to provide, or to provide for, transportation for the
child ends at the end of a school year if the local
educational agency determines that the school from
which the child transferred is no longer identified for
school improvement or subject to corrective action or
restructuring.
[(14) State educational agency responsibilities.--
The State educational agency shall--
[(A) make technical assistance under
section 1117 available to schools identified
for school improvement, corrective action, or
restructuring under this subsection consistent
with section 1117(a)(2);
[(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this subsection, take such corrective actions
as the State educational agency determines to
be appropriate and in compliance with State
law;
[(C) ensure that academic assessment
results under this part are provided to schools
before any identification of a school may take
place under this subsection; and
[(D) for local educational agencies or
schools identified for improvement under this
subsection, notify the Secretary of major
factors that were brought to the attention of
the State educational agency under section
1111(b)(9) that have significantly affected
student academic achievement.
[(c) State Review and Local Educational Agency
Improvement.--
[(1) In general.--A State shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student
academic achievement standards and to determine
if each local educational agency is carrying
out its responsibilities under this section and
sections 1117, 1118, and 1119; and
[(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review, including
statistically sound disaggregated results, as
required by section 1111(b)(2).
[(2) Rewards.--In the case of a local educational
agency that, for 2 consecutive years, has exceeded
adequate yearly progress as defined in the State plan
under section 1111(b)(2), the State may make rewards of
the kinds described under section 1117 to the agency.
[(3) Identification of local educational agency for
improvement.--A State shall identify for improvement
any local educational agency that, for 2 consecutive
years, including the period immediately prior to the
date of enactment of the No Child Left Behind Act of
2001, failed to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2).
[(4) Targeted assistance schools.--When reviewing
targeted assistance schools served by a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served, or are eligible for
services, under this part.
[(5) Opportunity to review and present evidence.--
[(A) Review.--Before identifying a local
educational agency for improvement under
paragraph (3) or corrective action under
paragraph (10), a State educational agency
shall provide the local educational agency with
an opportunity to review the data, including
academic assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the local educational
agency believes that the proposed
identification is in error for statistical or
other substantive reasons, the agency may
provide supporting evidence to the State
educational agency, which shall consider the
evidence before making a final determination
not later than 30 days after the State
educational agency provides the local
educational agency with the opportunity to
review such data under subparagraph (A).
[(6) Notification to parents.--The State
educational agency shall promptly provide to the
parents (in a format and, to the extent practicable, in
a language the parents can understand) of each student
enrolled in a school served by a local educational
agency identified for improvement, the results of the
review under paragraph (1) and, if the agency is
identified for improvement, the reasons for that
identification and how parents can participate in
upgrading the quality of the local educational agency.
[(7) Local educational agency revisions.--
[(A) Plan.--Each local educational agency
identified under paragraph (3) shall, not later
than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school
staff, and others. Such plan shall--
[(i) incorporate scientifically
based research strategies that
strengthen the core academic program in
schools served by the local educational
agency;
[(ii) identify actions that have
the greatest likelihood of improving
the achievement of participating
children in meeting the State's student
academic achievement standards;
[(iii) address the professional
development needs of the instructional
staff serving the agency by committing
to spend not less than 10 percent of
the funds received by the local
educational agency under subpart 2 for
each fiscal year in which the agency is
identified for improvement for
professional development (including
funds reserved for professional
development under subsection
(b)(3)(A)(iii)), but excluding funds
reserved for professional development
under section 1119;
[(iv) include specific measurable
achievement goals and targets for each
of the groups of students identified in
the disaggregated data pursuant to
section 1111(b)(2)(C)(v), consistent
with adequate yearly progress as
defined under section 1111(b)(2);
[(v) address the fundamental
teaching and learning needs in the
schools of that agency, and the
specific academic problems of low-
achieving students, including a
determination of why the local
educational agency's prior plan failed
to bring about increased student
academic achievement;
[(vi) incorporate, as appropriate,
activities before school, after school,
during the summer, and during an
extension of the school year;
[(vii) specify the responsibilities
of the State educational agency and the
local educational agency under the
plan, including specifying the
technical assistance to be provided by
the State educational agency under
paragraph (9) and the local educational
agency's responsibilities under section
1120A; and
[(viii) include strategies to
promote effective parental involvement
in the school.
[(B) Implementation.--The local educational
agency shall implement the plan (including a
revised plan) expeditiously, but not later than
the beginning of the next school year after the
school year in which the agency was identified
for improvement.
[(9) State educational agency responsibility.--
[(A) Technical or other assistance.--For
each local educational agency identified under
paragraph (3), the State educational agency
shall provide technical or other assistance if
requested, as authorized under section 1117, to
better enable the local educational agency to--
[(i) develop and implement the
local educational agency's plan; and
[(ii) work with schools needing
improvement.
[(B) Methods and strategies.--Technical
assistance provided under this section by the
State educational agency or an entity
authorized by such agency shall be supported by
effective methods and instructional strategies
based on scientifically based research. Such
technical assistance shall address problems, if
any, in implementing the parental involvement
activities described in section 1118 and the
professional development activities described
in section 1119.
[(10) Corrective action.--In order to help students
served under this part meet challenging State student
academic achievement standards, each State shall
implement a system of corrective action in accordance
with the following:
[(A) Definition.--As used in this
paragraph, the term ``corrective action'' means
action, consistent with State law, that--
[(i) substantially and directly
responds to the consistent academic
failure that caused the State to take
such action and to any underlying
staffing, curricular, or other problems
in the agency; and
[(ii) is designed to meet the goal
of having all students served under
this part achieve at the proficient and
advanced student academic achievement
levels.
[(B) General requirements.--After providing
technical assistance under paragraph (9) and
subject to subparagraph (E), the State--
[(i) may take corrective action at
any time with respect to a local
educational agency that has been
identified under paragraph (3);
[(ii) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State, by the end of the second full
school year after the identification of
the agency under paragraph (3); and
[(iii) shall continue to provide
technical assistance while instituting
any corrective action under clause (i)
or (ii).
[(C) Certain corrective actions required.--
In the case of a local educational agency
identified for corrective action, the State
educational agency shall take at least one of
the following corrective actions:
[(i) Deferring programmatic funds
or reducing administrative funds.
[(ii) Instituting and fully
implementing a new curriculum that is
based on State and local academic
content and achievement standards,
including providing appropriate
professional development based on
scientifically based research for all
relevant staff, that offers substantial
promise of improving educational
achievement for low-achieving students.
[(iii) Replacing the local
educational agency personnel who are
relevant to the failure to make
adequate yearly progress.
[(iv) Removing particular schools
from the jurisdiction of the local
educational agency and establishing
alternative arrangements for public
governance and supervision of such
schools.
[(v) Appointing, through the State
educational agency, a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
[(vi) Abolishing or restructuring
the local educational agency.
[(vii) Authorizing students to
transfer from a school operated by the
local educational agency to a higher-
performing public school operated by
another local educational agency in
accordance with subsections (b)(1)(E)
and (F), and providing to such students
transportation (or the costs of
transportation) to such schools
consistent with subsection (b)(9), in
conjunction with carrying out not less
than one additional action described
under this subparagraph.
[(D) Hearing.--Prior to implementing any
corrective action under this paragraph, the
State educational agency shall provide notice
and a hearing to the affected local educational
agency, if State law provides for such notice
and hearing. The hearing shall take place not
later than 45 days following the decision to
implement corrective action.
[(E) Notice to parents.--The State
educational agency shall publish, and
disseminate to parents and the public,
information on any corrective action the State
educational agency takes under this paragraph
through such means as the Internet, the media,
and public agencies.
[(F) Delay.--Notwithstanding subparagraph
(B)(ii), a State educational agency may delay,
for a period not to exceed 1 year,
implementation of corrective action under this
paragraph if the local educational agency makes
adequate yearly progress for 1 year or its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency. No such period
shall be taken into account in determining the
number of consecutive years of failure to make
adequate yearly progress.
[(11) Special rule.--If a local educational agency
makes adequate yearly progress for two consecutive
school years beginning after the date of identification
of the agency under paragraph (3), the State
educational agency need no longer identify the local
educational agency for improvement or subject the local
educational agency to corrective action for the
succeeding school year.
[(d) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
[(e) Supplemental Educational Services.--
[(1) Supplemental educational services.--In the
case of any school described in paragraph (5), (7), or
(8) of subsection (b), the local educational agency
serving such school shall, subject to this subsection,
arrange for the provision of supplemental educational
services to eligible children in the school from a
provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that
purpose by the State educational agency in accordance
with reasonable criteria, consistent with paragraph
(5), that the State educational agency shall adopt.
[(2) Local educational agency responsibilities.--
Each local educational agency subject to this
subsection shall--
[(A) provide, at a minimum, annual notice
to parents (in an understandable and uniform
format and, to the extent practicable, in a
language the parents can understand) of--
[(i) the availability of services
under this subsection;
[(ii) the identity of approved
providers of those services that are
within the local educational agency or
whose services are reasonably available
in neighboring local educational
agencies; and
[(iii) a brief description of the
services, qualifications, and
demonstrated effectiveness of each such
provider;
[(B) if requested, assist parents in
choosing a provider from the list of approved
providers maintained by the State;
[(C) apply fair and equitable procedures
for serving students if the number of spaces at
approved providers is not sufficient to serve
all students; and
[(D) not disclose to the public the
identity of any student who is eligible for, or
receiving, supplemental educational services
under this subsection without the written
permission of the parents of the student.
[(3) Agreement.--In the case of the selection of an
approved provider by a parent, the local educational
agency shall enter into an agreement with such
provider. Such agreement shall--
[(A) require the local educational agency
to develop, in consultation with parents (and
the provider chosen by the parents), a
statement of specific achievement goals for the
student, how the student's progress will be
measured, and a timetable for improving
achievement that, in the case of a student with
disabilities, is consistent with the student's
individualized education program under section
614(d) of the Individuals with Disabilities
Education Act;
[(B) describe how the student's parents and
the student's teacher or teachers will be
regularly informed of the student's progress;
[(C) provide for the termination of such
agreement if the provider is unable to meet
such goals and timetables;
[(D) contain provisions with respect to the
making of payments to the provider by the local
educational agency; and
[(E) prohibit the provider from disclosing
to the public the identity of any student
eligible for, or receiving, supplemental
educational services under this subsection
without the written permission of the parents
of such student.
[(4) State educational agency responsibilities.--A
State educational agency shall--
[(A) in consultation with local educational
agencies, parents, teachers, and other
interested members of the public, promote
maximum participation by providers to ensure,
to the extent practicable, that parents have as
many choices as possible;
[(B) develop and apply objective criteria,
consistent with paragraph (5), to potential
providers that are based on a demonstrated
record of effectiveness in increasing the
academic proficiency of students in subjects
relevant to meeting the State academic content
and student achievement standards adopted under
section 1111(b)(1);
[(C) maintain an updated list of approved
providers across the State, by school district,
from which parents may select;
[(D) develop, implement, and publicly
report on standards and techniques for
monitoring the quality and effectiveness of the
services offered by approved providers under
this subsection, and for withdrawing approval
from providers that fail, for 2 consecutive
years, to contribute to increasing the academic
proficiency of students served under this
subsection as described in subparagraph (B);
and
[(E) provide annual notice to potential
providers of supplemental educational services
of the opportunity to provide services under
this subsection and of the applicable
procedures for obtaining approval from the
State educational agency to be an approved
provider of those services.
[(5) Criteria for providers.--In order for a
provider to be included on the State list under
paragraph (4)(C), a provider shall agree to carry out
the following:
[(A) Provide parents of children receiving
supplemental educational services under this
subsection and the appropriate local
educational agency with information on the
progress of the children in increasing
achievement, in a format and, to the extent
practicable, a language that such parents can
understand.
[(B) Ensure that instruction provided and
content used by the provider are consistent
with the instruction provided and content used
by the local educational agency and State, and
are aligned with State student academic
achievement standards.
[(C) Meet all applicable Federal, State,
and local health, safety, and civil rights
laws.
[(D) Ensure that all instruction and
content under this subsection are secular,
neutral, and nonideological.
[(6) Amounts for supplemental educational
services.--The amount that a local educational agency
shall make available for supplemental educational
services for each child receiving those services under
this subsection shall be the lesser of--
[(A) the amount of the agency's allocation
under subpart 2, divided by the number of
children from families below the poverty level
counted under section 1124(c)(1)(A); or
[(B) the actual costs of the supplemental
educational services received by the child.
[(7) Funds provided by state educational agency.--
Each State educational agency may use funds that the
agency reserves under this part, and part A of title V,
to assist local educational agencies that do not have
sufficient funds to provide services under this
subsection for all eligible students requesting such
services.
[(8) Duration.--The local educational agency shall
continue to provide supplemental educational services
to a child receiving such services under this
subsection until the end of the school year in which
such services were first received.
[(9) Prohibition.--Nothing contained in this
subsection shall permit the making of any payment for
religious worship or instruction.
[(10) Waiver.--
[(A) Requirement.--At the request of a
local educational agency, a State educational
agency may waive, in whole or in part, the
requirement of this subsection to provide
supplemental educational services if the State
educational agency determines that--
[(i) none of the providers of those
services on the list approved by the
State educational agency under
paragraph (4)(C) makes those services
available in the area served by the
local educational agency or within a
reasonable distance of that area; and
[(ii) the local educational agency
provides evidence that it is not able
to provide those services.
[(B) Notification.--The State educational
agency shall notify the local educational
agency, within 30 days of receiving the local
educational agency's request for a waiver under
subparagraph (A), whether the request is
approved or disapproved and, if disapproved,
the reasons for the disapproval, in writing.
[(11) Special rule.--If State law prohibits a State
educational agency from carrying out one or more of its
responsibilities under paragraph (4) with respect to
those who provide, or seek approval to provide,
supplemental educational services, each local
educational agency in the State shall carry out those
responsibilities with respect to its students who are
eligible for those services.
[(12) Definitions.--In this subsection--
[(A) the term ``eligible child'' means a
child from a low-income family, as determined
by the local educational agency for purposes of
allocating funds to schools under section
1113(c)(1);
[(B) the term ``provider'' means a non-
profit entity, a for-profit entity, or a local
educational agency that--
[(i) has a demonstrated record of
effectiveness in increasing student
academic achievement;
[(ii) is capable of providing
supplemental educational services that
are consistent with the instructional
program of the local educational agency
and the academic standards described
under section 1111; and
[(iii) is financially sound; and
[(C) the term ``supplemental educational
services'' means tutoring and other
supplemental academic enrichment services that
are--
[(i) in addition to instruction
provided during the school day; and
[(ii) are of high quality,
research-based, and specifically
designed to increase the academic
achievement of eligible children on the
academic assessments required under
section 1111 and attain proficiency in
meeting the State's academic
achievement standards.
[(f) Schools and LEAs Previously Identified for Improvement
or Corrective Action.--
[(1) Schools.--
[(A) School improvement.--
[(i) Schools in school-improvement
status before date of enactment.--Any
school that was in the first year of
school improvement status under this
section on the day preceding the date
of enactment of the No Child Left
Behind Act of 2001 (as this section was
in effect on such day) shall be treated
by the local educational agency as a
school that is in the first year of
school improvement status under
paragraph (1).
[(ii) Schools in school-improvement
status for 2 or more years before date
of enactment.--Any school that was in
school improvement status under this
section for two or more consecutive
school years preceding the date of
enactment of the No Child Left Behind
Act of 2001 (as this section was in
effect on such day) shall be treated by
the local educational agency as a
school described in subsection (b)(5).
[(B) Corrective action.--Any school that
was in corrective action status under this
section on the day preceding the date of
enactment of the No Child Left Behind Act of
2001 (as this section was in effect on such
day) shall be treated by the local educational
agency as a school described in paragraph (7).
[(2) LEAs.--
[(A) LEA improvement.--A State shall
identify for improvement under subsection
(c)(3) any local educational agency that was in
improvement status under this section as this
section was in effect on the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(B) Corrective action.--A State shall
identify for corrective action under subsection
(c)(10) any local educational agency that was
in corrective action status under this section
as this section was in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001.
[(C) Special rule.--For the schools and
other local educational agencies described
under paragraphs (1) and (2), as required, the
State shall ensure that public school choice in
accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in
accordance with subsection (e) are provided not
later than the first day of the 2002-2003
school year.
[(D) Transition.--With respect to a
determination that a local educational agency
has for 2 consecutive years failed to make
adequate yearly progress as defined in the
State plan under section 1111(b)(2), such
determination shall include in such 2-year
period any continuous period of time
immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during
which the agency has failed to make such
progress.
[(g) Schools Funded by the Bureau of Indian Affairs.--
[(1) Adequate yearly progress for bureau funded
schools.--
[(A) Development of definition.--
[(i) Definition.--The Secretary of
the Interior, in consultation with the
Secretary if the Secretary of Interior
requests the consultation, using the
process set out in section 1138(b) of
the Education Amendments of 1978, shall
define adequate yearly progress,
consistent with section 1111(b), for
the schools funded by the Bureau of
Indian Affairs on a regional or tribal
basis, as appropriate, taking into
account the unique circumstances and
needs of such schools and the students
served by such schools.
[(ii) Use of definition.--The
Secretary of the Interior, consistent
with clause (i), may use the definition
of adequate yearly progress that the
State in which the school that is
funded by the Bureau is located uses
consistent with section 1111(b), or in
the case of schools that are located in
more than one State, the Secretary of
the Interior may use whichever State
definition of adequate yearly progress
that best meets the unique
circumstances and needs of such school
or schools and the students the schools
serve.
[(B) Waiver.--The tribal governing body or
school board of a school funded by the Bureau
of Indian Affairs may waive, in part or in
whole, the definition of adequate yearly
progress established pursuant to paragraph (A)
where such definition is determined by such
body or school board to be inappropriate. If
such definition is waived, the tribal governing
body or school board shall, within 60 days
thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of
adequate yearly progress, consistent with
section 1111(b), that takes into account the
unique circumstances and needs of such school
or schools and the students served. The
Secretary of the Interior, in consultation with
the Secretary if the Secretary of Interior
requests the consultation, shall approve such
alternative definition unless the Secretary
determines that the definition does not meet
the requirements of section 1111(b), taking
into account the unique circumstances and needs
of such school or schools and the students
served.
[(C) Technical assistance.--The Secretary
of Interior shall, in consultation with the
Secretary if the Secretary of Interior requests
the consultation, either directly or through a
contract, provide technical assistance, upon
request, to a tribal governing body or school
board of a school funded by the Bureau of
Indian Affairs that seeks to develop an
alternative definition of adequate yearly
progress.
[(2) Accountability for bia schools.--For the
purposes of this section, schools funded by the Bureau
of Indian Affairs shall be considered schools subject
to subsection (b), as specifically provided for in this
subsection, except that such schools shall not be
subject to subsection (c), or the requirements to
provide public school choice and supplemental
educational services under subsections (b) and (e).
[(3) School improvement for bureau schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to development and
implementation of any school improvement plan
as described in subsections (b)(1) through
(b)(3), and subsection (b)(5), other than
subsection (b)(1)(E). The Bureau of Indian
Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to
technical assistance.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
development and implementation of any school
improvement plan as described in subsections
(b)(1) through (b)(5), other than subsection
(b)(1)(E).
[(4) Corrective action and restructuring for
bureau-funded schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to corrective action
and restructuring as described in subsection
(b)(7) and (b)(8). Any action taken by such
school board under subsection (b)(7) or (b)(8)
shall take into account the unique
circumstances and structure of the Bureau of
Indian Affairs-funded school system and the
laws governing that system.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
corrective action and restructuring as
described in subsection (b)(7) and (b)(8). Any
action taken by the Bureau under subsection
(b)(7) or (b)(8) shall take into account the
unique circumstances and structure of the
Bureau of Indian Affairs-funded school system
and the laws governing that system.
[(5) Annual report.--On an annual basis, the
Secretary of the Interior shall report to the Secretary
of Education and to the appropriate committees of
Congress regarding any schools funded by the Bureau of
Indian Affairs which have been identified for school
improvement. Such report shall include--
[(A) the identity of each school;
[(B) a statement from each affected school
board regarding the factors that lead to such
identification; and
[(C) an analysis by the Secretary of the
Interior, in consultation with the Secretary if
the Secretary of Interior requests the
consultation, as to whether sufficient
resources were available to enable such school
to achieve adequate yearly progress.
[(h) Other Agencies.--After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the
extent feasible and necessary as determined by the Secretary,
other relevant Federal agencies regarding the major factors
that were determined by the State educational agency to have
significantly affected student academic achievement.
[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
[(a) System for Support.--
[(1) In general.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase
the opportunity for all students served by those
agencies and schools to meet the State's academic
content standards and student academic achievement
standards.
[(2) Priorities.--In carrying out this subsection,
a State shall--
[(A) first, provide support and assistance
to local educational agencies with schools
subject to corrective action under section 1116
and assist those schools, in accordance with
section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8)
of section 1116(b);
[(B) second, provide support and assistance
to other local educational agencies with
schools identified as in need of improvement
under section 1116(b); and
[(C) third, provide support and assistance
to other local educational agencies and schools
participating under this part that need that
support and assistance in order to achieve the
purpose of this part.
[(3) Regional centers.--Such a statewide system
shall, to the extent practicable, work with and receive
support and assistance from regional educational
laboratories established under part D of the Education
Sciences Reform Act of 2002 and comprehensive centers
established under the Educational Technical Assistance
Act of 2002 and the comprehensive regional technical
assistance centers and the regional educational
laboratories under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as such section existed on the day before
the date of enactment of the Education Sciences Reform
Act of 2002), or other providers of technical
assistance.
[(4) Statewide system.--
[(A) In order to achieve the purpose
described in paragraph (1), the statewide
system shall include, at a minimum, the
following approaches:
[(i) Establishing school support
teams in accordance with subparagraph
(C) for assignment to, and working in,
schools in the State that are described
in paragraph (2).
[(ii) Providing such support as the
State educational agency determines
necessary and available in order to
ensure the effectiveness of such teams.
[(iii) Designating and using
distinguished teachers and principals
who are chosen from schools served
under this part that have been
especially successful in improving
academic achievement.
[(iv) Devising additional
approaches to providing the assistance
described in paragraph (1), such as
providing assistance through
institutions of higher education and
educational service agencies or other
local consortia, and private providers
of scientifically based technical
assistance.
[(B) Priority.--The State educational
agency shall give priority to the approach
described in clause (i) of subparagraph (A).
[(5) School support teams.--
[(A) Composition.--Each school support team
established under this section shall be
composed of persons knowledgeable about
scientifically based research and practice on
teaching and learning and about successful
schoolwide projects, school reform, and
improving educational opportunities for low-
achieving students, including--
[(i) highly qualified or
distinguished teachers and principals;
[(ii) pupil services personnel;
[(iii) parents;
[(iv) representatives of
institutions of higher education;
[(v) representatives of regional
educational laboratories or
comprehensive regional technical
assistance centers;
[(vi) representatives of outside
consultant groups; or
[(vii) other individuals as the
State educational agency, in
consultation with the local educational
agency, may determine appropriate.
[(B) Functions.--Each school support team
assigned to a school under this section shall--
[(i) review and analyze all facets
of the school's operation, including
the design and operation of the
instructional program, and assist the
school in developing recommendations
for improving student performance in
that school;
[(ii) collaborate with parents and
school staff and the local educational
agency serving the school in the
design, implementation, and monitoring
of a plan that, if fully implemented,
can reasonably be expected to improve
student performance and help the school
meet its goals for improvement,
including adequate yearly progress
under section 1111(b)(2)(B);
[(iii) evaluate, at least
semiannually, the effectiveness of
school personnel assigned to the
school, including identifying
outstanding teachers and principals,
and make findings and recommendations
to the school, the local educational
agency, and, where appropriate, the
State educational agency; and
[(iv) make additional
recommendations as the school
implements the plan described in clause
(ii) to the local educational agency
and the State educational agency
concerning additional assistance that
is needed by the school or the school
support team.
[(C) Continuation of assistance.--After one
school year, from the beginning of the
activities, such school support team, in
consultation with the local educational agency,
may recommend that the school support team
continue to provide assistance to the school,
or that the local educational agency or the
State educational agency, as appropriate, take
alternative actions with regard to the school.
[(b) State Recognition.--
[(1) Academic achievement awards program.--
[(A) In general.--Each State receiving a
grant under this part--
[(i) shall establish a program for
making academic achievement awards to
recognize schools that meet the
criteria described in subparagraph (B);
and
[(ii) as appropriate and as funds
are available under subsection
(c)(2)(A), may financially reward
schools served under this part that
meet the criteria described in clause
(ii).
[(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
[(i) significantly closed the
achievement gap between the groups of
students described in section
1111(b)(2); or
[(ii) exceeded their adequate
yearly progress, consistent with
section 1111(b)(2), for 2 or more
consecutive years.
[(2) Distinguished schools.--Of those schools
meeting the criteria described in paragraph (2), each
State shall designate as distinguished schools those
schools that have made the greatest gains in closing
the achievement gap as described in subparagraph (B)(i)
or exceeding adequate yearly progress as described in
subparagraph (B)(ii). Such distinguished schools may
serve as models for and provide support to other
schools, especially schools identified for improvement
under section 1116, to assist such schools in meeting
the State's academic content standards and student
academic achievement standards.
[(3) Awards to teachers.--A State program under
paragraph (1) may also recognize and provide financial
awards to teachers teaching in a school described in
such paragraph that consistently makes significant
gains in academic achievement in the areas in which the
teacher provides instruction, or to teachers or
principals designated as distinguished under subsection
(a)(4)(A)(iii).
[(c) Funding.--
[(1) In general.--Each State--
[(A) shall use funds reserved under section
1003(a) and may use funds made available under
section 1003(g) for the approaches described
under subsection (a)(4)(A); and
[(B) shall use State administrative funds
authorized under section 1004(a) to establish
the statewide system of support described under
subsection (a).
[(2) Reservations of funds by state.--
[(A) Awards program.--For the purpose of
carrying out subsection (b)(1), each State
receiving a grant under this part may reserve,
from the amount (if any) by which the funds
received by the State under subpart 2 for a
fiscal year exceed the amount received by the
State under that subpart for the preceding
fiscal year, not more than 5 percent of such
excess amount.
[(B) Teacher awards.--For the purpose of
carrying out subsection (b)(3), a State
educational agency may reserve such funds as
necessary from funds made available under
section 2113.
[(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under
subparagraph (A) by a State for each fiscal year shall
remain available to the State until expended for a
period not exceeding 3 years receipt of funds.
[(4) Special allocation rule for schools in high-
poverty areas.--
[(A) In general.--Each State shall
distribute not less than 75 percent of any
amount reserved under paragraph (2)(A) for each
fiscal year to schools described in
subparagraph (B), or to teachers in those
schools consistent with subsection (b)(3).
[(B) School described.--A school described
in subparagraph (A) is a school whose student
population is in the highest quartile of
schools statewide in terms of the percentage of
children from low income families.]
SEC. 1111. STATE PLANS.
(a) Plans Required.--
(1) In general.--For any State desiring to receive
a grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency with timely and meaningful
consultation with the Governor, local educational
agencies (including those located in rural areas),
representatives of Indian tribes located in the State,
teachers, principals, other school leaders, specialized
instructional support personnel, paraprofessionals
(including organizations representing such
individuals), administrators, other staff, and parents,
that--
(A) is coordinated with other programs
under this Act, the Individuals with
Disabilities Education Act, the Rehabilitation
Act of 1973, the Carl D. Perkins Career and
Technical Education Act of 2006, the Workforce
Innovation and Opportunity Act, the Head Start
Act, the Child Care and Development Block Grant
Act of 1990, the Education Sciences Reform Act
of 2002, the Education Technical Assistance
Act, the NAEP Authorization Act, the McKinney-
Vento Homeless Assistance Act, and the Adult
Education and Family Literacy Act; and
(B) describes how the State will implement
evidence-based strategies for improving student
achievement under this title and disseminate
that information to local educational agencies.
(2) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidated plan under section 9302.
(3) Peer review and secretarial approval.--
(A) In general.--The Secretary shall--
(i) establish a peer-review process
to assist in the review of State plans;
(ii) establish multidisciplinary
peer review teams and appoint members
of such teams that--
(I) are representative of
teachers, principals, other
school leaders, specialized
instructional support
personnel, State educational
agencies, local educational
agencies, and individuals and
researchers with practical
experience in implementing
academic standards,
assessments, or accountability
systems, and meeting the needs
of disadvantaged students,
children with disabilities,
students who are English
learners, the needs of low-
performing schools, and other
educational needs of students;
(II) include a balanced
representation of individuals
who have practical experience
in the classroom, school
administration, or State or
local government, such as
direct employees of a school,
local educational agency, or
State educational agency within
the preceding 5 years; and
(III) represent a
regionally diverse cross-
section of States;
(iii) make available to the public,
including by such means as posting to
the Department's website, the list of
peer reviewers who will review State
plans under this section;
(iv) ensure that the peer review
teams are comprised of varied
individuals so that the same peer
reviewers are not reviewing all of the
State plans; and
(v) deem a State plan as approved
within 90 days of its submission unless
the Secretary presents substantial
evidence that clearly demonstrates that
such State plan does not meet the
requirements of this section.
(B) Purpose of peer review.--The peer-
review process shall be designed to--
(i) maximize collaboration with
each State;
(ii) promote effective
implementation of the challenging State
academic standards through State and
local innovation; and
(iii) provide publicly available,
timely, and objective feedback to
States designed to strengthen the
technical and overall quality of the
State plans.
(C) Standard and nature of review.--Peer
reviewers shall conduct an objective review of
State plans in their totality and out of
respect for State and local judgments, with the
goal of supporting State- and local-led
innovation and providing objective feedback on
the technical and overall quality of a State
plan.
(D) Rule of construction.--Nothing in this
paragraph shall be construed as prohibiting the
Secretary from appointing an individual to
serve as a peer reviewer on more than one peer
review team under subparagraph (A) or to review
more than one State plan.
(4) State plan determination, demonstration, and
revision.--If the Secretary determines that a State
plan does not meet the requirements of this subsection
or subsection (b) or (c), the Secretary shall, prior to
declining to approve the State plan--
(A) immediately notify the State of such
determination;
(B) provide a detailed description of the
specific requirements of this subsection or
subsection (b) or (c) of the State plan that
the Secretary determines fails to meet such
requirements;
(C) provide all peer review comments,
suggestions, recommendations, or concerns in
writing to the State;
(D) offer the State an opportunity to
revise and resubmit its plan within 60 days of
such determination, including the chance for
the State to present substantial evidence to
clearly demonstrate that the State plan meets
the requirements of this section;
(E) provide technical assistance, upon
request of the State, in order to assist the
State to meet the requirements of this
subsection or subsection (b) or (c); and
(F) conduct a public hearing within 30 days
of such resubmission, with public notice
provided not less than 15 days before such
hearing, unless the State declines the
opportunity for such public hearing.
(5) State plan disapproval.--The Secretary shall
have the authority to disapprove a State plan if the
State has been notified and offered an opportunity to
revise and submit with technical assistance under
paragraph (4), and--
(A) the State does not revise and resubmit
its plan; or
(B) the State revises and resubmits a plan
that the Secretary determines does not meet the
requirements of this part after a hearing
conducted under paragraph (4)(F), if
applicable.
(6) Limitations.--
(A) In general.--The Secretary shall not
have the authority to require a State, as a
condition of approval of the State plan or
revisions or amendments to the State plan, to--
(i) include in, or delete from,
such plan 1 or more specific elements
of the challenging State academic
standards;
(ii) use specific academic
assessment instruments or items;
(iii) set specific State-designed
annual goals or specific timelines for
such goals for all students or each of
the categories of students, as defined
in subsection (b)(3)(A);
(iv) assign any specific weight or
specific significance to any measures
or indicators of student academic
achievement or growth within State-
designed accountability systems;
(v) include in, or delete from,
such a plan any criterion that
specifies, defines, or prescribes--
(I) the standards or
measures that States or local
educational agencies use to
establish, implement, or
improve challenging State
academic standards, including
the content of, or achievement
levels within, such standards;
(II) the specific types of
academic assessments or
assessment items that States
and local educational agencies
use to meet the requirements of
this part;
(III) any requirement that
States shall measure student
growth, the specific metrics
used to measure student
academic growth if a State
chooses to measure student
growth, or the specific
indicators or methods to
measure student readiness to
enter postsecondary education
or the workforce;
(IV) any specific
benchmarks, targets, goals, or
metrics to measure nonacademic
measures or indicators;
(V) the specific weight or
specific significance of any
measure or indicator of student
academic achievement within
State-designed accountability
systems;
(VI) the specific annual
goals States establish for
student academic achievement or
high school graduation rates,
as described in subclauses (I)
and (II) of subsection
(b)(3)(B)(i);
(VII) any aspect or
parameter of a teacher,
principal, or other school
leader evaluation system within
a State or local educational
agency; or
(VIII) indicators or
specific measures of teacher,
principal, or other school
leader effectiveness or
quality; or
(vi) require data collection beyond
data derived from existing Federal,
State, and local reporting requirements
and data sources.
(B) Rule of construction.--Nothing in this
paragraph shall be construed as authorizing,
requiring, or allowing any additional reporting
requirements, data elements, or information to
be reported to the Secretary not otherwise
explicitly authorized under Federal law.
(7) Public review.--All written communications,
feedback, and notifications under this subsection shall
be conducted in a manner that is transparent and
immediately made available to the public through the
website of the Department, including--
(A) plans submitted or resubmitted by a
State;
(B) peer-review comments;
(C) State plan determinations by the
Secretary, including approvals or disapprovals;
and
(D) notices and transcripts of public
hearings under this section.
(8) Duration of the plan.--
(A) In general.--Each State plan shall--
(i) remain in effect for the
duration of the State's participation
under this part or 7 years, whichever
is shorter; and
(ii) be periodically reviewed and
revised as necessary by the State
educational agency to reflect changes
in the State's strategies and programs
under this part.
(B) Additional information.--
(i) In general.--If a State makes
significant changes to its plan at any
time, such as the adoption of new
challenging State academic standards,
new academic assessments, or changes to
its accountability system under
subsection (b)(3), such information
shall be submitted to the Secretary in
the form of revisions or amendments to
the State plan.
(ii) Review of revised plans.--The
Secretary shall review the information
submitted under clause (i) and approve
or disapprove changes to the State plan
within 90 days in accordance with
paragraphs (4) through (6) without
undertaking the peer-review process
under paragraph (3).
(iii) Special rule for standards.--
If a State makes changes to its
challenging State academic standards,
the requirements of subsection (b)(1),
including the requirement that such
standards need not be submitted to the
Secretary pursuant to subsection
(b)(1)(A), shall still apply.
(C) Renewal.--A State educational agency
shall submit a revised plan every 7 years
subject to the peer-review process under
paragraph (3).
(D) Limitation.--The Secretary shall not
have the authority to place any new conditions,
requirements, or criteria for approval of a
plan submitted for renewal under subparagraph
(C) that are not otherwise authorized under
this part.
(9) Failure to meet requirements.--If a State fails
to meet any of the requirements of this section, then
the Secretary may withhold funds for State
administration under this part until the Secretary
determines that the State has fulfilled those
requirements.
(b) Challenging State Academic Standards, Academic
Assessments, and Accountability Systems.--
(1) Challenging state academic standards.--
(A) In general.--Each State shall provide
an assurance that the State has adopted
challenging academic content standards and
aligned academic achievement standards
(referred to in this Act as `challenging State
academic standards'), which achievement
standards shall include not less than 3 levels
of achievement, that will be used by the State,
its local educational agencies, and its schools
to carry out this part. A State shall not be
required to submit such challenging State
academic standards to the Secretary.
(B) Same standards.--Except as provided in
subparagraph (E), the standards required by
subparagraph (A) shall be the same standards
that the State applies to all public schools
and public school students in the State.
(C) Subjects.--The State shall have such
standards in mathematics, reading or language
arts, and science, and any other subjects as
determined by the State, which shall include
the same knowledge, skills, and levels of
achievement expected of all public school
students in the State.
(D) Alignment.--Each State shall
demonstrate that the challenging State academic
standards are aligned with--
(i) entrance requirements, without
the need for academic remediation, for
the system of public higher education
in the State;
(ii) relevant State career and
technical education standards; and
(iii) relevant State early learning
guidelines, as required under section
658E(c)(2)(T) of the Child Care and
Development Block Grant Act of 1990 (42
U.S.C. 9858c(c)(2)(T)).
(E) Alternate academic achievement
standards for students with the most
significant cognitive disabilities.--
(i) In general.--The State may,
through a documented and validated
standards-setting process, adopt
alternate academic achievement
standards for students with the most
significant cognitive disabilities,
provided those standards--
(I) are aligned with the
challenging State academic
content standards under
subparagraph (A);
(II) promote access to the
general curriculum, consistent
with the purposes of the
Individuals with Disabilities
Education Act, as stated in
section 601(d) of such Act;
(III) reflect professional
judgment of the highest
achievement standards
attainable by those students;
(IV) are designated in the
individualized education
program developed under section
614(d)(3) of the Individuals
with Disabilities Education Act
for each such student as the
academic achievement standards
that will be used for the
student; and
(V) are aligned to ensure
that a student who meets the
alternate academic achievement
standards is on track for
further education or
employment.
(ii) Prohibition on any other
alternate or modified academic
achievement standards.--A State shall
not develop, or implement for use under
this part, any alternate academic
achievement standards for children with
disabilities that are not alternate
academic achievement standards that
meet the requirements of clause (i).
(F) English language proficiency
standards.--Each State plan shall demonstrate
that the State has adopted English language
proficiency standards that are aligned with the
challenging State academic standards under
subparagraph (A). Such standards shall--
(i) ensure proficiency in each of
the domains of speaking, listening,
reading, and writing;
(ii) address the different
proficiency levels of children who are
English learners; and
(iii) be aligned with the
challenging State academic standards in
reading or language arts, so that
achieving proficiency in the State's
English language proficiency standards
indicates a sufficient knowledge of
English to measure validly and reliably
the student's achievement on the
State's reading or language arts
standards.
(G) Prohibitions.--
(i) Standards review or approval.--
A State shall not be required to submit
any standards developed under this
subsection to the Secretary for review
or approval.
(ii) Federal control.--The
Secretary shall not have the authority
to mandate, direct, control, coerce, or
exercise any direction or supervision
over any of the challenging State
academic standards adopted or
implemented by a State.
(H) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before or after the
date of enactment of the Every Child Achieves
Act of 2015.
(2) Academic assessments.--
(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-quality
statewide academic assessments that--
(i) includes, at a minimum,
academic statewide assessments in
mathematics, reading or language arts,
and science; and
(ii) meets the requirements of
subparagraph (B).
(B) Requirements.--The assessments under
subparagraph (A) shall--
(i) except as provided in
subparagraph (D), be--
(I) the same academic
assessments used to measure the
achievement of all public
elementary school and secondary
school students in the State;
and
(II) administered to all
public elementary school and
secondary school students in
the State;
(ii) be aligned with the
challenging State academic standards,
and provide coherent and timely
information about student attainment of
such standards and whether the student
is performing at the student's grade
level;
(iii) be used for purposes for
which such assessments are valid and
reliable, consistent with relevant,
nationally recognized professional and
technical testing standards, and
objectively measure academic
achievement, knowledge, and skills;
(iv) be of adequate technical
quality for each purpose required under
this Act and consistent with the
requirements of this section, the
evidence of which is made public,
including on the website of the State
educational agency;
(v)(I) measure the annual academic
achievement of all students against the
challenging State academic standards
in, at a minimum, mathematics and
reading or language arts, and be
administered--
(aa) in each of grades 3
through 8; and
(bb) at least once in
grades 9 through 12; and
(II) measure the academic
achievement of all students against the
challenging State academic standards in
science, and be administered not less
than one time, during--
(aa) grades 3 through 5;
(bb) grades 6 through 9;
and
(cc) grades 10 through 12;
(vi) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding, which may include
measures of student academic growth and
may be partially delivered in the form
of portfolios, projects, or extended
performance tasks;
(vii) provide for--
(I) the participation in
such assessments of all
students;
(II) the appropriate
accommodations for children
with disabilities and students
with a disability who are
provided accommodations under
another Act, necessary to
measure the academic
achievement of such children
relative to the challenging
State academic standards;
(III) the inclusion of
English learners, who shall be
assessed in a valid and
reliable manner and provided
appropriate accommodations on
assessments administered to
such students under this
paragraph, including, to the
extent practicable, assessments
in the language and form most
likely to yield accurate data
on what such students know and
can do in academic content
areas, until such students have
achieved English language
proficiency, as determined
under paragraph (1)(F);
(viii) at the State's choosing--
(I) be administered through
a single summative assessment;
or
(II) be administered
through multiple statewide
assessments during the course
of the year if the State can
demonstrate that the results of
these multiple assessments,
taken in their totality,
provide a summative score that
provides valid and reliable
information on individual
student achievement or growth;
(ix) notwithstanding clause
(vii)(III), provide for assessments
(using tests in English) of reading or
language arts of any student who has
attended school in the United States
(not including the Commonwealth of
Puerto Rico) for 3 or more consecutive
school years, except that if the local
educational agency determines, on a
case-by-case individual basis, that
academic assessments in another
language or form would likely yield
more accurate and reliable information
on what such student knows and can do,
the local educational agency may make a
determination to assess such student in
the appropriate language other than
English for a period that does not
exceed 2 additional consecutive years,
provided that such student has not yet
reached a level of English language
proficiency sufficient to yield valid
and reliable information on what such
student knows and can do on tests
(written in English) of reading or
language arts;
(x) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii), that allow parents,
teachers, principals, and other school
leaders to understand and address the
specific academic needs of students,
and include information regarding
achievement on academic assessments
aligned with challenging State academic
achievement standards, and that are
provided to parents, teachers,
principals, and other 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 the parents can
understand;
(xi) enable results to be
disaggregated within each State, local
educational agency, and school, by--
(I) each major racial and
ethnic group;
(II) economically
disadvantaged students as
compared to students who are
not economically disadvantaged;
(III) children with
disabilities as compared to
children without disabilities;
(IV) English proficiency
status;
(V) gender; and
(VI) migrant status;
(xii) enable itemized score
analyses to be produced and reported,
consistent with clause (iii), to local
educational agencies and schools, so
that parents, teachers, principals,
other school leaders, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items; and
(xiii) be developed, to the extent
practicable, using the principles of
universal design for learning.
(C) Exception to disaggregation.--
Notwithstanding subparagraph (B)(xi), the
disaggregated results of assessments shall not
be required in the case of a local educational
agency or school if--
(i) the number of students in a
category described under subparagraph
(B)(xi) is insufficient to yield
statistically reliable information; or
(ii) the results would reveal
personally identifiable information
about an individual student.
(D) Alternate assessments for students with
the most significant cognitive disabilities.--
(i) Alternate assessments aligned
with alternate academic achievement
standards.--A State may provide for
alternate assessments aligned with the
challenging State academic content
standards and alternate academic
achievement standards described in
paragraph (1)(E) for students with the
most significant cognitive
disabilities, if the State--
(I) ensures that for each
subject, the total number of
students assessed in such
subject using the alternate
assessments does not exceed 1
percent of the total number of
all students in the State who
are assessed in such subject;
(II) establishes and
monitors implementation of
clear and appropriate
guidelines for individualized
education program teams (as
defined in section 614(d)(1)(B)
of the Individuals with
Disabilities Education Act) to
apply in determining,
individually for each subject,
when a child's significant
cognitive disability justifies
assessment based on alternate
academic achievement standards;
(III) ensures that,
consistent with the
requirements of the Individuals
with Disabilities Education
Act, parents are involved in
the decision to use the
alternate assessment for their
child;
(IV) ensures that,
consistent with the
requirements of the Individuals
with Disabilities Education
Act, students with the most
significant cognitive
disabilities are involved in
and make progress in the
general education curriculum;
(V) describes in the State
plan the appropriate
accommodations provided to
ensure access to the alternate
assessment;
(VI) describes in the State
plan the steps the State has
taken to incorporate universal
design for learning, to the
extent feasible, in alternate
assessments;
(VII) ensures that general
and special education teachers
and other appropriate staff
know how to administer
assessments, including making
appropriate use of
accommodations, to children
with disabilities;
(VIII) develops,
disseminates information on,
and promotes the use of
appropriate accommodations to
increase the number of students
with significant cognitive
disabilities participating in
academic instruction and
assessments and increase the
number of students with
significant cognitive
disabilities who are tested
against challenging State
academic achievement standards;
and
(IX) ensures that students
who take alternate assessments
based on alternate academic
achievement standards are not
precluded from attempting to
complete the requirements for a
regular high school diploma.
(ii) Students with the most
significant cognitive disabilities.--In
determining the achievement of students
in the State accountability system, a
State educational agency shall include,
for all schools in the State, the
performance of the State's students
with the most significant cognitive
disabilities on alternate assessments
as described in this subparagraph in
the subjects included in the State's
accountability system, consistent with
the 1 percent limitation of clause
(i)(I).
(E) State authority.--If a State
educational agency provides evidence, which is
satisfactory to the Secretary, that neither the
State educational agency nor any other State
government official, agency, or entity has
sufficient authority, under State law, to adopt
challenging State academic standards, and
academic assessments aligned with such
standards, which will be applicable to all
students enrolled in the State's public
elementary schools and secondary schools, then
the State educational agency may meet the
requirements of this subsection by--
(i) adopting academic standards and
academic assessments that meet the
requirements of this subsection, on a
statewide basis, and limiting their
applicability to students served under
this part; or
(ii) adopting and implementing
policies that ensure that each local
educational agency in the State that
receives grants under this part will
adopt academic content and student
academic achievement standards, and
academic assessments aligned with such
standards, which--
(I) meet all of the
criteria in this subsection and
any regulations regarding such
standards and assessments that
the Secretary may publish; and
(II) are applicable to all
students served by each such
local educational agency.
(F) Language assessments.--Each State plan
shall identify the languages other than English
that are present to a significant extent in the
participating student population of the State
and indicate the languages for which annual
student academic assessments are not available
and are needed, and such State shall make every
effort to develop such assessments as
necessary.
(G) Assessments of english language
proficiency.--Each State plan shall demonstrate
that local educational agencies in the State
will provide for an annual assessment of
English proficiency, which is valid, reliable,
and consistent with relevant nationally
recognized professional and technical testing
standards measuring students' speaking,
listening, reading, and writing skills in
English, of all children who are English
learners in the schools served by the State
educational agency.
(H) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, for 1
year for each year for which the amount
appropriated for grants under part B is less
than $378,000,000.
(I) Rule of construction regarding use of
assessments for student promotion or
graduation.--Nothing in this paragraph shall be
construed to prescribe or prohibit the use of
the academic assessments described in this part
for student promotion or graduation purposes.
(J) Rule of construction regarding
assessments.--
(i) In general.--Except as provided
in clause (ii), nothing in this
paragraph shall be construed to
prohibit a State from developing and
administering computer adaptive
assessments as the assessments
described in this paragraph, as long as
the computer adaptive assessments--
(I) meet the requirements
of this paragraph; and
(II) assess the student's
academic achievement in order
to measure, in the subject
being assessed, whether the
student is performing above or
below the student's grade
level.
(ii) Applicability to alternate
assessments for students with the most
significant cognitive disabilities.--In
developing and administering computer
adaptive assessments as the assessments
allowed under subparagraph (D), a State
shall ensure that such computer
adaptive assessments--
(I) meet the requirements
of this paragraph, including
subparagraph (D), except such
assessments shall not be
required to meet the
requirements of clause (i)(II);
and
(II) assess the student's
academic achievement in order
to measure, in the subject
being assessed, whether the
student is performing at the
student's grade level.
(K) Rule of construction on parent and
guardian rights.--Nothing in this part shall be
construed as preempting a State or local law
regarding the decision of a parent or guardian
to not have the parent or guardian's child
participate in the statewide academic
assessments under this paragraph.
(3) State accountability system.--
(A) Category of students.--In this
paragraph, the term ``category of students''
means--
(i) economically disadvantaged
students;
(ii) students from major racial and
ethnic groups;
(iii) children with disabilities;
and
(iv) English learner students.
(B) Description of system.--Each State plan
shall describe a single, statewide State
accountability system that will be based on the
challenging State academic standards adopted by
the State to ensure that all students graduate
from high school prepared for postsecondary
education or the workforce without the need for
postsecondary remediation and at a minimum
complies with the following:
(i) Annually establishes State-
designed goals for all students and
each of the categories of students in
the State that take into account the
progress necessary for all students and
each of the categories of students to
graduate from high school prepared for
postsecondary education or the
workforce without the need for
postsecondary remediation, for, at a
minimum each of the following:
(I) Academic achievement,
which may include student
growth, on the State
assessments under paragraph
(2).
(II) High school graduation
rates, including--
(aa) the 4-year
adjusted cohort
graduation rate; and
(bb) at the State's
discretion, the
extended-year adjusted
cohort graduation rate.
(ii) Annually measures and reports
on the following indicators:
(I) The academic
achievement of all public
school students in all public
schools and local educational
agencies in the State towards
meeting the goals described in
clause (i) and the challenging
State academic standards for
all students and for each of
the categories of students
using student performance on
State assessments required
under paragraph (2), which may
include measures of student
academic growth to such
standards.
(II) The academic success
of all public school students
in all public schools and local
educational agencies in the
State, that is with respect
to--
(aa) elementary
schools and secondary
schools that are not
high schools, an
academic indicator, as
determined by the
State, that is the same
statewide for all
public elementary
school students and all
students at such
secondary schools, and
each category of
students; and
(bb) high schools,
the high school
graduation rates of all
public high school
students in all public
high schools in the
State toward meeting
the goals described in
clause (i), for all
students and for each
of the categories of
students, including the
4-year adjusted cohort
graduation rate and at
the State's discretion,
the extended-year
adjusted cohort
graduation rate.
(III) English language
proficiency of all English
learners in all public schools
and local educational agencies,
which may include measures of
student growth.
(IV) Not less than one
other valid and reliable
indicator of school quality,
success, or student supports,
as determined appropriate by
the State, that will be applied
to all local educational
agencies and schools
consistently throughout the
State for all students and for
each of the categories of
students, which may include
measures of--
(aa) student
readiness to enter
postsecondary education
or the workforce
without the need for
postsecondary
remediation;
(bb) student
engagement, such as
attendance rates and
chronic absenteeism;
(cc) educator
engagement, such as
educator satisfaction
(including working
conditions within the
school), teacher
quality and
effectiveness, and
teacher absenteeism;
(dd) results from
student, parent, and
educator surveys;
(ee) school climate
and safety, such as
incidents of school
violence, bullying, and
harassment, and
disciplinary rates,
including rates of
suspension, expulsion,
referrals to law
enforcement, school-
based arrests,
disciplinary transfers
(including placements
in alternative
schools), and student
detentions;
(ff) student access
to or success in
advanced coursework or
educational programs or
opportunities; and
(gg) any other
State-determined
measure of school
quality or student
success.
(iii) Establishes a system of
annually identifying and meaningfully
differentiating among all public
schools in the State, which shall--
(I) be based on all
indicators in the State's
accountability system for all
students and for each of the
categories of students; and
(II) use the indicators
described in subclauses (I) and
(II) of clause (ii) as
substantial factors in the
annual identification of
schools, and the weight of such
factors shall be determined by
the State.
(iv) For public schools receiving
assistance under this part, meets the
requirements of section 1114.
(v) Provides a clear and
understandable explanation of the
method of identifying and meaningfully
differentiating schools under clause
(iii).
(vi) Measures the annual progress
of not less than 95 percent of all
students, and students in each of the
categories of students, who are
enrolled in the school and are required
to take the assessments under paragraph
(2) and provides a clear and
understandable explanation of how the
State will factor this requirement into
the State-designed accountability
system determinations.
(4) Exception for english learners.--A State may
choose to--
(A) exclude a recently arrived English
learner who has attended school in one of the
50 States in the United States or in the
District of Columbia for less than 12 months
from one administration of the reading or
language arts assessment required under
paragraph (2);
(B) exclude the results of a recently
arrived English learner who has attended school
in one of the 50 States in the United States or
in the District of Columbia for less than 12
months on the assessments under paragraph (2),
except for the results on the English language
proficiency assessments required under
paragraph (2)(G), for the first year of the
English learner's enrollment in a school in the
United States for the purposes of the State-
determined accountability system under this
subsection; and
(C) include the results on the assessments
under paragraph (2), except for results on the
English language proficiency assessments
required under paragraph (2)(G), of former
English learners for not more than 2 years
after the student is no longer identified as an
English learner within the English learner
category of the categories of students, as
defined in paragraph (3)(A), for the purposes
of the State-determined accountability system.
(5) Accountability for charter schools.--The
accountability provisions under this title shall be
overseen for charter schools in accordance with State
charter school law.
(6) Prohibition on federal interference with state
and local decisions.--Nothing in this subsection shall
be construed to permit the Secretary to establish any
criterion that specifies, defines, or prescribes--
(A) the standards or measures that States
or local educational agencies use to establish,
implement, or improve challenging State
academic standards, including the content of,
or achievement levels within, such standards;
(B) the specific types of academic
assessments or assessment items that States or
local educational agencies use to meet the
requirements of paragraph (2)(B) or otherwise
use to measure student academic achievement or
student growth;
(C) the specific goals that States
establish within State-designed accountability
systems for all students and for each of the
categories of students, as defined in paragraph
(3)(A), for student academic achievement or
high school graduation rates, as described in
subclauses (I) and (II) of paragraph (3)(B)(i);
(D) any requirement that States shall
measure student growth or the specific metrics
used to measure student academic growth if a
State chooses to measure student growth;
(E) the specific indicator under paragraph
(3)(B)(ii)(II)(aa), or any indicator under
paragraph (3)(B)(ii)(IV), that a State must use
within the State-designed accountability
system;
(F) setting specific benchmarks, targets,
or goals, for any other measures or indicators
established by a State under subclauses (III)
and (IV) of paragraph (3)(B)(ii), including
progress or growth on such measures or
indicators;
(G) the specific weight or specific
significance of any measures or indicators used
to measure, identify, or differentiate schools
in the State-determined accountability system,
as described in clauses (ii) and (iii) of
paragraph (3)(B);
(H) the terms `meaningfully' or
`substantially' as used in this part;
(I) the specific methods used by States and
local educational agencies to identify and
meaningfully differentiate among public
schools;
(J) any aspect or parameter of a teacher,
principal, or other school leader evaluation
system within a State or local educational
agency; or
(K) indicators or measures of teacher,
principal, or other school leader effectiveness
or quality.
(c) Other Plan Provisions.--
(1) Descriptions.--Each State plan shall describe--
(A) with respect to any accountability
provisions under this part that require
disaggregation of information by each of the
categories of students, as defined in
subsection (b)(3)(A)--
(i) the minimum number of students
that the State determines are necessary
to be included in each such category of
students to carry out such requirements
and how that number is statistically
sound;
(ii) how such minimum number of
students was determined by the State,
including how the State collaborated
with teachers, principals, other school
leaders, parents, and other
stakeholders when setting the minimum
number; and
(iii) how the State ensures that
such minimum number does not reveal
personally identifiable information
about students;
(B) the State educational agency's system
to monitor and evaluate the intervention and
support strategies implemented by local
educational agencies in schools identified as
in need of intervention and support under
section 1114, including the lowest-performing
schools and schools identified for other
reasons, including schools with categories of
students, as defined in subsection (b)(3)(A),
not meeting the goals described in subsection
(b)(3)(B)(i), and the steps the State will take
to further assist local educational agencies,
if such strategies are not effective;
(C) in the case of a State that proposes to
use funds under this part to offer early
childhood education programs, how the State
provides assistance and support to local
educational agencies and individual elementary
schools that are creating, expanding, or
improving such programs;
(D) in the case of a State that proposes to
use funds under this part to support a multi-
tiered system of supports, positive behavioral
interventions and supports, or early
intervening services, how the State educational
agency will assist local educational agencies
in the development, implementation, and
coordination of such activities and services
with similar activities and services carried
out under the Individuals with Disabilities
Education Act in schools served by the local
educational agency, including by providing
technical assistance, training, and evaluation
of the activities and services;
(E) how the State educational agency will
provide support to local educational agencies
for the education of homeless children and
youths, and how the State will comply with the
requirements of subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act;
(F) how low-income and minority children
enrolled in schools assisted under this part
are not served at disproportionate rates by
ineffective, out-of-field, and inexperienced
teachers, principals, or other school leaders,
and the measures the State educational agency
will use to evaluate and publicly report the
progress of the State educational agency with
respect to such description;
(G) how the State will make public the
methods or criteria the State or its local
educational agencies are using to measure
teacher, principal, and other school leader
effectiveness for the purpose of meeting the
requirements described in subparagraph (F),
however nothing in this subparagraph shall be
construed as requiring a State to develop or
implement a teacher, principal, or other school
leader evaluation system;
(H) how the State educational agency will
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,
which may include how such agency will identify
and support, including through professional
development, training, and technical
assistance, local educational agencies and
schools that have high levels of seclusion and
restraint or disproportionality in rates of
seclusion and restraint;
(I) how the State educational agency will
address school discipline issues, which may
include how such agency will identify and
support, including through professional
development, training, and technical
assistance, local educational agencies and
schools that have high levels of exclusionary
discipline or disproportionality in rates of
exclusionary discipline;
(J) how the State educational agency will
address school climate issues, which may
include providing technical assistance on
effective strategies to reduce the incidence of
school violence, bullying, harassment, drug and
alcohol use and abuse, and rates of chronic
absenteeism;
(K) how the State determines, with timely
and meaningful consultation with local
educational agencies representing the
geographic diversity of the State, the
timelines and annual goals for progress
necessary to move English learners from the
lowest levels of English proficiency to the
State-defined proficient level in a State-
determined number of years, including an
assurance that such goals will be based on
students' initial language proficiency when
first identified as an English learner and may
take into account the amount of time that an
individual child has been enrolled in a
language program and grade level;
(L) the steps a State educational agency
will take to ensure collaboration 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.
and 670 et seq.) to improve the educational
stability of children or youth in foster care,
including an assurance that--
(i) any such child or youth is
immediately enrolled in a school, even
if the child or youth is unable to
produce records normally required for
enrollment; and
(ii) the enrolling school shall
immediately contact the school last
attended by any such child or youth to
obtain relevant academic and other
records; and
(M) any other information on how the State
proposes to use funds under this part to meet
the purposes of this part, and that the State
determines appropriate to provide, which may
include how the State educational agency will--
(i) assist local educational
agencies in identifying and serving
gifted and talented students; and
(ii) encourage the offering of a
variety of well-rounded education
experiences to students.
(2) Assurances.--Each State plan shall provide an
assurance that--
(A) the State educational agency will
notify local educational agencies, Indian
tribes and tribal organizations, schools,
teachers, parents, and the public of the
challenging State academic standards, academic
assessments, and State accountability system,
developed under this section;
(B) the State educational agency will
assist each local educational agency and school
affected by the State plan to meet the
requirements of this part;
(C) the State will participate in the
biennial State academic assessments in reading
and mathematics in grades 4 and 8 of the
National Assessment of Educational Progress
carried out under section 303(b)(3) of the
National Assessment of Educational Progress
Authorization Act if the Secretary pays the
costs of administering such assessments;
(D) the State educational agency will
modify or eliminate State fiscal and accounting
barriers so that schools can easily consolidate
funds from other Federal, State, and local
sources in order to improve educational
opportunities and reduce unnecessary fiscal and
accounting requirements;
(E) the State educational agency will
support the collection and dissemination to
local educational agencies and schools of
effective parent and family engagement
strategies, including those included in the
parent and family engagement policy under
section 1115;
(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
ensure that local educational agencies, in
developing and implementing programs under this
part, will, to the extent feasible, work in
consultation with outside intermediary
organizations, such as educational service
agencies, or individuals, that have practical
expertise in the development or use of
evidence-based strategies and programs to
improve teaching, learning, and schools;
(H) the State educational agency has
appropriate procedures and safeguards in place
to ensure the validity of the assessment
process;
(I) the State educational agency will
ensure that all teachers and paraprofessionals
working in a program supported with funds under
this part meet applicable State certification
and licensure requirements, including
alternative certification requirements;
(J) the State educational agency will
coordinate activities funded under this part
with other Federal activities as appropriate;
(K) the State educational agency has
involved the committee of practitioners
established under section 1503(b) in developing
the plan and monitoring its implementation;
(L) the State has professional standards
for paraprofessionals working in a program
supported with funds under this part, including
qualifications that were in place on the day
before the date of enactment of the Every Child
Achieves Act of 2015; and
(M) the State educational agency will
assess the system for collecting data from
local educational agencies, and the technical
assistance provided to local educational
agencies on data collection, and will evaluate
the need to upgrade or change the system and to
provide additional support to help minimize the
burden on local educational agencies related to
reporting data required for the annual State
report card described in subsection (d)(1) and
annual local educational agency report cards
described in subsection (d)(2).
(d) Reports.--
(1) Annual state report card.--
(A) In general.--A State that receives
assistance under this part shall prepare and
disseminate widely to the public an annual
State report card for the State as a whole that
meets the requirements of this paragraph.
(B) Implementation.--
(i) In general.--The State report
card required under this paragraph
shall be--
(I) concise;
(II) presented in an
understandable and uniform
format and, to the extent
practicable, in a language that
parents can understand; and
(III) widely accessible to
the public, which shall include
making the State report card,
along with all local
educational agency and school
report cards required under
paragraph (2), and the annual
report to the Secretary under
paragraph (5), available on a
single webpage of the State
educational agency's website.
(ii) Ensuring privacy.--No State
report card required under this
paragraph shall include any personally
identifiable information about any
student. Each such report card shall be
consistent with the privacy protections
under 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').
(C) Minimum requirements.--Each State
report card required under this subsection
shall include the following information:
(i) A clear and concise description
of the State's accountability system
under subsection (b)(3), including the
goals for all students and for each of
the categories of students, as defined
in subsection (b)(3)(A), the indicators
used in the accountability system to
evaluate school performance described
in subsection (b)(3)(B), and the
weights of the indicators used in the
accountability system to evaluate
school performance.
(ii) For all students and
disaggregated by each category of
students described in subsection
(b)(2)(B)(xi), homeless status, and
status as a child in foster care,
except that such disaggregation shall
not be required in a case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student, information on student
achievement on the academic assessments
described in subsection (b)(2) at each
level of achievement, as determined by
the State under subsection (b)(1).
(iii) For all students and
disaggregated by each category of
students described in subsection
(b)(2)(B)(xi), the percentage of
students assessed and not assessed.
(iv) For all students and
disaggregated by each of the categories
of students, as defined in subsection
(b)(3)(A), except that such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student--
(I) information on the
performance on the other
academic indicator under
subsection
(b)(3)(B)(ii)(II)(aa) used by
the State in the State
accountability system; and
(II) high school graduation
rates, including 4-year
adjusted cohort graduation
rates and, at the State's
discretion, extended-year
adjusted cohort graduation
rates.
(v) Information on indicators or
measures of school quality, climate and
safety, and discipline, including the
rates of in-school suspensions, out-of-
school suspensions, expulsions, school-
based arrests, referrals to law
enforcement, chronic absenteeism, and
incidences of violence, including
bullying and harassment, that the State
educational agency and each local
educational agency in the State
reported to the Civil Rights Data
Collection biennial survey required by
the Office for Civil Rights of the
Department that is the most recent to
the date of the determination in the
same manner that such information is
presented on such survey.
(vi) The minimum number of students
that the State determines are necessary
to be included in each of the
categories of students, as defined in
subsection (b)(3)(A), for use in the
accountability system under subsection
(b)(3).
(vii) The professional
qualifications of teachers, principals,
and other school leaders in the State,
including information (that shall be
presented in the aggregate and
disaggregated by high-poverty compared
to low-poverty schools which, for the
purpose of this clause, means schools
in each quartile based on school
poverty level, and high-minority and
low-minority schools in the State) on
the number, percentage, and
distribution of--
(I) inexperienced teachers,
principals, and other school
leaders;
(II) teachers teaching with
emergency or provisional
credentials;
(III) teachers who are not
teaching in the subject or
field for which the teacher is
certified or licensed;
(IV) teachers, principals,
and other school leaders who
are ineffective, as determined
by the State, using the methods
or criteria under subsection
(c)(1)(G); and
(V) the annual retention
rates of effective and
ineffective teachers,
principals, and other school
leaders, as determined by the
State, using the methods or
criteria under subsection
(c)(1)(G).
(viii) Information on the
performance of local educational
agencies and schools in the State,
including the number and names of each
school identified for intervention and
support under section 1114.
(ix) For a State that implements a
teacher, principal, and other school
leader evaluation system consistent
with title II, the evaluation results
of teachers, principals, and other
school leaders, except that such
information shall not provide
personally identifiable information on
individual teachers, principals, or
other school leaders.
(x) The per-pupil expenditures of
Federal, State, and local funds,
including actual personnel expenditures
and actual nonpersonnel expenditures of
Federal, State, and local funds,
disaggregated by source of funds, for
each local educational agency and each
school in the State for the preceding
fiscal year.
(xi) The number and percentages of
students with the most significant
cognitive disabilities that take an
alternate assessment under subsection
(b)(2)(D), by grade and subject.
(xii) Information on the
acquisition of English language
proficiency by students who are English
learners.
(xiii) Information that the State
educational agency and each local
educational agency in the State
reported to the Civil Rights Data
Collection biennial survey required by
the Office for Civil Rights of the
Department that is the most recent to
the date of the determination in the
same manner that such information is
presented on such survey that
includes--
(I) the number and
percentage of--
(aa) students
enrolled in gifted and
talented programs;
(bb) students
enrolled in rigorous
coursework to earn
postsecondary credit
while still in high
school, such as
Advanced Placement and
International
Baccalaureate courses
and examinations, and
dual enrollment and
early college high
schools; and
(cc) children
enrolled in preschool
programs;
(II) the average class
size, by grade; and
(III) any other indicators
determined by the State.
(xiv) The number and percentage of
students attaining career and technical
proficiencies, as defined by section
113(b) of the Carl D. Perkins Career
and Technical Education Act of 2006 and
reported by States only in a manner
consistent with section 113(c) of that
Act.
(xv) Results on the National
Assessment of Educational Progress in
reading and mathematics in grades 4 and
8 for the State, compared to the
national average.
(xvi) Information on the percentage
of students, including for each of the
categories of students, as defined in
subsection (b)(3)(A), who did not meet
the annual State goals established
under subsection (b)(3)(B).
(xvii) Information regarding the
number of military-connected students
(which, for purposes of this clause,
shall mean students with parents who
serve in the uniformed services,
including the National Guard and
Reserves), and information regarding
the academic achievement of such
students, except that such information
shall not be used for school or local
educational agency accountability
purposes under sections 1111(b)(3) and
1114.
(xviii) Any additional information
that the State believes will best
provide parents, students, and other
members of the public with information
regarding the progress of each of the
State's public elementary schools and
secondary schools.
(D) Rule of construction.--
(i) In general.--Nothing in clause
(v) or (xiii) of subparagraph (C) shall
be construed as requiring a State to
report any data that are not otherwise
required or voluntarily submitted to
the Civil Rights Data Collection
biennial survey required by the Office
for Civil Rights of the Department.
(ii) Continuation of submission to
department of information.--If, at any
time after the date of enactment of the
Every Child Achieves Act of 2015, the
Civil Rights Data Collection biennial
survey is no longer conducted by the
Office for Civil Rights of the
Department, a State educational agency
shall still include the information
under clauses (v) and (xiii) of
subparagraph (C) in the State report
card under this paragraph in the same
manner that such information is
presented on such survey.
(2) Annual local educational agency report cards.--
(A) In general.--
(i) Preparation and
dissemination.--A local educational
agency that receives assistance under
this part shall prepare and disseminate
an annual local educational agency
report card that includes--
(I) information on such
agency as a whole; and
(II) for each school served
by the agency, a school report
card that meets the
requirements of this paragraph.
(ii) No personally identifiable
information.--No local educational
agency report card required under this
paragraph shall include any personally
identifiable information about any
student.
(iii) Consistent with ferpa.--Each
local educational agency report card
shall be consistent with the privacy
protections under 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').
(B) Implementation.--Each local educational
agency report card shall be--
(i) concise;
(ii) presented in an understandable
and uniform format, and to the extent
practicable in a language that parents
can understand; and
(iii) accessible to the public,
which shall include--
(I) placing such report
card on the website of the
local educational agency and on
the website of each school
served by the agency; and
(II) in any case in which a
local educational agency or
school does not operate a
website, providing the
information to the public in
another manner determined by
the local educational agency.
(C) Minimum requirements.--Each local
educational agency report card required under
this paragraph shall include--
(i) the information described in
paragraph (1)(C), disaggregated in the
same manner as under paragraph (1)(C),
except for clause (xv) of such
paragraph, as applied to the local
educational agency, and each school
served by the local educational agency,
including--
(I) in the case of a local
educational agency, information
that shows how students served
by the local educational agency
achieved on the academic
assessments described in
subsection (b)(2) compared to
students in the State as a
whole; and
(II) in the case of a
school, information that shows
how the school's students'
achievement on the academic
assessments described in
subsection (b)(2) compared to
students served by the local
educational agency and the
State as a whole;
(ii) any information required by
the State under paragraph
(1)(C)(xviii); and
(iii) any other information that
the local educational agency determines
is appropriate and will best provide
parents, students, and other members of
the public with information regarding
the progress of each public school
served by the local educational agency,
whether or not such information is
included in the annual State report
card.
(D) Public dissemination.--
(i) In general.--Except as provided
in clause (ii), a local educational
agency shall--
(I) publicly disseminate
the information described in
this paragraph to all schools
in the school district served
by the local educational agency
and to all parents of students
attending such schools; and
(II) make the information
widely available through public
means, including through
electronic means, including
posting in an easily accessible
manner on the local educational
agency's website, except in the
case in which an agency does
not operate a website, such
agency shall determine how to
make the information available,
such as through distribution to
the media, and distribution
through public agencies.
(ii) Exception.--If a local
educational agency issues a report card
for all students, the local educational
agency may include the information
described in this paragraph as part of
such report.
(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the date of enactment of the Every Child Achieves
Act of 2015, may use such report cards for the purpose
of disseminating information under this subsection if
the report card is modified, as may be needed, to
contain the information required by this subsection.
(4) 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 student achievement on
the academic assessments described in
subsection (b)(2) for all students and
disaggregated by each of the categories of
students, as defined in subsection (b)(3)(A),
including--
(i) the percentage of students who
achieved at each level of achievement
the State has set in subsection (b)(1);
(ii) the percentage of students who
did not meet the annual State goals set
in subsection (b)(3)(B); and
(iii) if applicable, the percentage
of students making at least one year of
academic growth over the school year,
as determined by the State;
(B) the percentage of students assessed and
not assessed on the academic assessments
described in subsection (b)(2) for all students
and disaggregated by each category of students
described in subsection (b)(2)(B)(xi);
(C) for all students and disaggregated by
each of the categories of students, as defined
in subsection (b)(3)(A)--
(i) information on the performance
on the other academic indicator under
subsection (b)(3)(B)(ii)(II)(aa) used
by the State in the State
accountability system;
(ii) high school graduation rates,
including 4-year adjusted cohort
graduation rates and, at the State's
discretion, extended-year adjusted
cohort graduation rates; and
(iii) information on each State-
determined indicator of school quality,
success, or student support under
subsection (b)(3)(B)(ii)(IV) selected
by the State in the State
accountability system;
(D) information on the acquisition of
English language proficiency by students who
are English learners;
(E) the per-pupil expenditures of Federal,
State, and local funds, including actual staff
personnel expenditures and actual nonpersonnel
expenditures, disaggregated by source of funds
for each school served by the agency for the
preceding fiscal year;
(F) the number and percentage of students
with the most significant cognitive
disabilities that take an alternate assessment
under subsection (b)(2)(D), by grade and
subject;
(G) the number and names of the schools
identified as in need of intervention and
support under section 1114, and the school
intervention and support strategies developed
and implemented by the local educational agency
under section 1114(b) to address the needs of
students in each school;
(H) the number of students and schools that
participated in public school choice under
section 1114(b)(4);
(I) information on the quality and
effectiveness of teachers for each quartile of
schools based on the school's poverty level and
high-minority and low-minority schools in the
local educational agencies in the State,
including the number, percentage, and
distribution of--
(i) inexperienced teachers;
(ii) teachers who are not teaching
in the subject or field for which the
teacher is certified or licensed; and
(iii) teachers who are not
effective, as determined by the State
if the State has a statewide teacher,
principal, or other school leader
evaluation system; and
(J) if the State has a statewide teacher,
principal, or other school leader evaluation
system, information on the results of such
teacher, principal, or other school leader
evaluation systems that does not reveal
personally identifiable information.
(6) Presentation of data.--
(A) In general.--A State educational agency
or local educational agency shall only include
in its annual report card described under
paragraphs (1) and (2) data that are sufficient
to yield statistically reliable information,
and that do not reveal personally identifiable
information about an individual student,
teacher, principal, or other school leader.
(B) Student privacy.--In carrying out this
subsection, student education records shall not
be released without written consent consistent
with 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').
(7) Report to congress.--The Secretary shall
transmit annually to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives a report that provides national and
State level data on the information collected under
paragraph (5). Such report shall be submitted through
electronic means only.
(8) Secretary's report card.--
(A) In general.--Not later than July 1,
2017, and annually thereafter, the Secretary,
acting through the Director of the Institute of
Education Sciences, shall transmit to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives a national report card on the
status of elementary and secondary education in
the United States. Such report shall--
(i) analyze existing data from
State reports required under this Act,
the Individuals with Disabilities
Education Act, and the Carl D. Perkins
Career and Technical Education Act of
2006, and summarize major findings from
such reports;
(ii) analyze data from the National
Assessment of Educational Progress and
comparable international assessments;
(iii) identify trends in student
achievement and high school graduation
rates (including 4-year adjusted cohort
graduation rates and extended-year
adjusted cohort graduation rates), by
analyzing and reporting on the status
and performance of students,
disaggregated by achievement level and
by each of the categories of students,
as defined in subsection (b)(3)(A);
(iv) analyze data on Federal,
State, and local expenditures on
education, including per-pupil
spending, teacher salaries, school
level spending, and other financial
data publicly available, and report on
current trends and major findings; and
(v) analyze information on the
teaching, principal, and other school
leader professions, including education
and training, retention and mobility,
and effectiveness in improving student
achievement.
(B) Special rule.--The information used to
prepare the report described in subparagraph
(A) shall be derived from existing State and
local reporting requirements and data sources.
Nothing in this paragraph shall be construed as
authorizing, requiring, or allowing any
additional reporting requirements, data
elements, or information to be reported to the
Secretary not otherwise explicitly authorized
by any other Federal law.
(C) Public recognition.--The Secretary may
identify and publicly recognize States, local
educational agencies, schools, programs, and
individuals for exemplary performance.
(e) Voluntary Partnerships.--
(1) In general.--Nothing in this section shall be
construed to prohibit a State from entering into a
voluntary partnership with another State to develop and
implement the academic assessments, challenging State
academic standards, and accountability systems required
under this section.
(2) Prohibition.--The Secretary shall be prohibited
from requiring or coercing a State to enter into a
voluntary partnership described in paragraph (1),
including--
(A) as a condition of approval of a State
plan under this section;
(B) as a condition of an award of Federal
funds under any grant, contract, or cooperative
agreement;
(C) as a condition of approval of a waiver
under section 9401; or
(D) by providing any priority, preference,
or special consideration during the application
process under any grant, contract, or
cooperative agreement.
(f) Special Rule With Respect to Bureau-funded Schools.--In
determining the assessments to be used by each school operated
or funded by the Bureau of Indian Education of the Department
of the Interior that receives funds under this part, the
following shall apply:
(1) Each such school that is accredited by the
State in which it is operating shall use the
assessments the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment as approved by the Secretary of
the Interior.
(2) Each such school that is accredited by a
regional accrediting organization shall adopt an
appropriate assessment in consultation with, and with
the approval of, the Secretary of the Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education
shall use an assessment developed by such agency or
division, except that the Secretary of the Interior
shall ensure that such assessment meets the
requirements of this section.
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that--
(A) is developed with timely and meaningful
consultation with teachers, principals, other
school leaders, specialized instructional
support personnel, paraprofessionals (including
organizations representing such individuals),
administrators (including administrators of
programs described in other parts of this
title), and other appropriate school personnel,
and with parents of children in schools served
under this part;
(B) satisfies the requirements of this
section; and
(C) as appropriate, is coordinated with
other programs under this Act, the Individuals
with Disabilities Education Act, the
Rehabilitation Act of 1973, the Carl D. Perkins
Career and Technical Education Act of 2006, the
Workforce Innovation and Opportunity Act, the
Head Start Act, the Child Care and Development
Block Grant Act of 1990, the Education Sciences
Reform Act of 2002, the Education Technical
Assistance Act, the NAEP Authorization Act, the
McKinney-Vento Homeless Assistance Act, and the
Adult Education and Family Literacy Act.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
(3) State review and approval.--
(A) In general.--Each local educational
agency plan shall be filed according to a
schedule established by the State educational
agency.
(B) Approval.--The State educational agency
shall approve a local educational agency's plan
only if the State educational agency determines
that the local educational agency's plan meets
the requirements of this part and enables
children served under this part to meet the
challenging State academic standards described
in section 1111(b)(1).
(4) Duration.--Each local educational agency plan
shall be submitted for the first year for which this
part is in effect following the date of enactment of
the Every Child Achieves Act of 2015 and shall remain
in effect for the duration of the agency's
participation under this part.
(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan
to reflect changes in the local educational agency's
strategies and programs under this part.
(6) Renewal.--A local educational agency that
desires to continue participating in a program under
this part shall submit a renewed plan on a periodic
basis, as determined by the State.
(b) Plan Provisions.--To ensure that all children receive a
high-quality education that prepares them for postsecondary
education or the workforce without the need for postsecondary
remediation, and to close the achievement gap between children
meeting the challenging State academic standards and those who
are not, each local educational agency plan shall describe--
(1) how the local educational agency will work with
each of the schools served by the agency so that
students meet the challenging State academic standards
by--
(A) developing and implementing a
comprehensive program of instruction to meet
the academic needs of all students;
(B) identifying quickly and effectively
students who may be at risk for academic
failure;
(C) providing additional educational
assistance to individual students determined as
needing help in meeting the challenging State
academic standards;
(D) identifying significant gaps in student
academic achievement and graduation rates
between each of the categories of students, as
defined in section 1111(b)(3)(A), and
developing strategies to reduce such gaps in
achievement and graduation rates; and
(E) identifying and implementing evidence-
based methods and instructional strategies
intended to strengthen the academic program of
the school and improve school climate;
(2) how the local educational agency will monitor
and evaluate the effectiveness of school programs in
improving student academic achievement and academic
growth, if applicable, especially for students not
meeting the challenging State academic standards;
(3) how the local educational agency will--
(A) ensure that all teachers and
paraprofessionals working in a program
supported with funds under this part meet
applicable State certification and licensure
requirements, including alternative
certification requirements; and
(B) identify and address, as required under
State plans as described in section
1111(c)(1)(F), any disparities that result in
low-income students and minority students being
taught at higher rates than other students by
ineffective, inexperienced, and out-of-field
teachers;
(4) the actions the local educational agency will
take to assist schools identified as in need of
intervention and support under section 1114, including
the lowest-performing schools in the local educational
agency, and schools identified for other reasons,
including schools with categories of students, as
defined in section 1111(b)(3)(A), not meeting the goals
described in section 1111(b)(3)(B), to improve student
academic achievement, the funds used to conduct such
actions, and how such agency will monitor such actions;
(5) the poverty criteria that will be used to
select school attendance areas under section 1113;
(6) the programs to be conducted by such agency's
schools under section 1113, and where appropriate,
educational services outside such schools for children
living in local institutions for neglected or
delinquent children, and for neglected and delinquent
children in community day school programs;
(7) the services the local educational agency will
provide homeless children, including services provided
with funds reserved under section 1113(a)(4)(A)(i);
(8) the strategy the local educational agency will
use to implement effective parent and family engagement
under section 1115;
(9) if applicable, how the local educational agency
will coordinate and integrate services provided under
this part with preschool educational services at the
local educational agency or individual school level,
such as Head Start programs, the literacy program under
part D of title II, State-funded preschool programs,
and other community-based early childhood education
programs, including plans for the transition of
participants in such programs to local elementary
school programs;
(10) how the local educational agency will
coordinate programs and integrate services under this
part with other Federal, State, tribal, and local
services and programs, including programs supported
under this Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the Individuals with
Disabilities Education Act, the Rehabilitation Act of
1973, the Head Start Act, the Child Care and
Development Block Grant Act of 1990, the Workforce
Innovation and Opportunity Act, the McKinney-Vento
Homeless Assistance Act, and the Education Sciences
Reform Act of 2002, violence prevention programs,
nutrition programs, and housing programs;
(11) how teachers and school leaders, in
consultation with parents, administrators,
paraprofessionals, and specialized instructional
support personnel, in schools operating a targeted
assistance school program under section 1113, will
identify the eligible children most in need of services
under this part;
(12) in the case of a local educational agency that
proposes to use funds under this part to support a
multi-tiered system of supports, positive behavioral
interventions and supports, or early intervening
services, how the local educational agency will provide
such activities and services and coordinate them with
similar activities and services carried out under the
Individuals with Disabilities Education Act in schools
served by the local educational agency, including by
providing technical assistance, training, and
evaluation of the activities and services;
(13) how the local educational agency will provide
opportunities for the enrollment, attendance, and
success of homeless children and youths consistent with
the requirements of the McKinney-Vento Homeless
Assistance Act and the services the local educational
agency will provide homeless children and youths;
(14) how the local educational agency will
implement strategies to facilitate effective
transitions for students from middle school to high
school and from high school to postsecondary education;
(15) how the local educational agency will address
school discipline issues, which may include identifying
and supporting schools with significant discipline
disparities, or high rates of discipline, disaggregated
by each of the categories of students, as defined in
section 1111(b)(3)(A), including by providing technical
assistance on effective strategies to reduce such
disparities and high rates;
(16) how the local educational agency will address
school climate issues, which may include identifying
and improving performance on school climate indicators
related to student achievement and providing technical
assistance to schools; and
(17) any other information on how the local
educational agency proposes to use funds to meet the
purposes of this part, and that the local educational
agency determines appropriate to provide, which may
include how the local educational agency will--
(A) assist schools in identifying and
serving gifted and talented students; and
(B) encourage the offering of a variety of
well-rounded education experiences to students.
(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) ensure that migratory children and formerly
migratory children who are eligible to receive services
under this part are selected to receive such services
on the same basis as other children who are selected to
receive services under this part;
(2) provide services to eligible children attending
private elementary schools and secondary schools in
accordance with section 1116, and timely and meaningful
consultation with private school officials regarding
such services;
(3) participate, if selected, in the National
Assessment of Educational Progress in reading and
mathematics in grades 4 and 8 carried out under section
303(b)(3) of the National Assessment of Educational
Progress Authorization Act; and
(4) coordinate and integrate services provided
under this part with other educational services at the
local educational agency or individual school level,
such as services for English learners, children with
disabilities, migratory children, American Indian,
Alaska Native, and Native Hawaiian children, and
homeless children, in order to increase program
effectiveness, eliminate duplication, and reduce
fragmentation of the instructional program.
(d) Parents Right-to-know.--
(1) Teacher qualifications.--
(A) In general.--At the beginning of each
school year, a local educational agency that
receives funds under this part shall notify the
parents of each student attending any school
receiving funds under this part that the
parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including at a minimum, the
following:
(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
(ii) Whether the teacher is
teaching under emergency or other
provisional status through which State
qualification or licensing criteria
have been waived.
(iii) The field of discipline of
the certification of the teacher.
(iv) Whether the child is provided
services by paraprofessionals and, if
so, their qualifications.
(B) Additional information.--In addition to
the information that parents may request under
subparagraph (A), a school that receives funds
under this part shall provide to each
individual parent of a child who is a student
in such school, with respect to such student--
(i) information on the level of
achievement and academic growth of the
student, if applicable and available,
on each of the State academic
assessments required under this part;
and
(ii) timely notice that the student
has been assigned, or has been taught
for 4 or more consecutive weeks by, a
teacher who does not meet applicable
State certification or licensure
requirements at the grade level and
subject area in which the teacher has
been assigned.
(2) Language instruction.--
(A) Notice.--Each local educational agency
using funds under this part or title III to
provide a language instruction educational
program as determined under title III shall,
not later than 30 days after the beginning of
the school year, inform a parent or parents of
a child who is an English learner identified
for participation or participating in such a
program, of--
(i) the reasons for the
identification of their child as an
English learner and in need of
placement in a language instruction
educational program;
(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
(iii) the methods of instruction
used in the program in which their
child is, or will be participating, and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
(iv) how the program in which their
child is, or will be participating,
will meet the educational strengths and
needs of their child;
(v) how such program will
specifically help their child learn
English and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
(vi) the specific exit requirements
for the program, including the expected
rate of transition from such program
into classrooms that are not tailored
for children who are English learners,
and the expected rate of graduation
from high school (including 4-year
adjusted cohort graduation rates and
extended-year adjusted cohort
graduation rates for such program) if
funds under this part are used for
children in high schools;
(vii) in the case of a child with a
disability, how such program meets the
objectives of the individualized
education program of the child, as
described in section 614(d) of the
Individuals with Disabilities Education
Act; and
(viii) information pertaining to
parental rights that includes written
guidance--
(I) detailing the right
that parents have to have their
child immediately removed from
such program upon their
request;
(II) detailing the options
that parents have to decline to
enroll their child in such
program or to choose another
program or method of
instruction, if available; and
(III) assisting parents in
selecting among various
programs and methods of
instruction, if more than 1
program or method is offered by
the eligible entity.
(B) Special rule applicable during the
school year.--For those children who have not
been identified as English learners prior to
the beginning of the school year but are
identified as English learners during such
school year, the local educational agency shall
notify the children's parents during the first
2 weeks of the child being placed in a language
instruction educational program consistent with
subparagraph (A).
(C) Parental participation.--Each local
educational agency receiving funds under this
part and title III shall implement an effective
means of outreach to parents of children who
are English learners to inform the parents how
the parents can be involved in the education of
their children, and be active participants in
assisting their children to attain English
proficiency, achieve at high levels in core
academic subjects, and meet the challenging
State academic standards expected of all
students, including holding, and sending notice
of opportunities for, regular meetings for the
purpose of formulating and responding to
recommendations from parents of students
assisted under this part and title III.
(D) Basis for admission or exclusion.--A
student shall not be admitted to, or excluded
from, any federally assisted education program
on the basis of a surname or language-minority
status.
(3) Notice and format.--The notice and information
provided to parents under this subsection shall be in
an understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS;
TARGETED ASSISTANCE PROGRAMS.
(a) Eligible School Attendance Areas.--
(1) Determination.--
(A) In general.--A local educational agency
shall use funds received under this part only
in eligible school attendance areas.
(B) Eligible school attendance areas.--In
this part--
(i) the term ``school attendance
area'' means, in relation to a
particular school, the geographical
area in which the children who are
normally served by that school reside;
and
(ii) the term ``eligible school
attendance area'' means a school
attendance area in which the percentage
of children from low-income families is
at least as high as the percentage of
children from low-income families
served by the local educational agency
as a whole.
(C) Ranking order.--
(i) In general.--Except as provided
in clause (ii), if funds allocated in
accordance with paragraph (3) are
insufficient to serve all eligible
school attendance areas, a local
educational agency shall--
(I) annually rank, without
regard to grade spans, such
agency's eligible school
attendance areas in which the
concentration of children from
low-income families exceeds 75
percent, or exceeds 50 percent
in the case of the high schools
served by such agency, from
highest to lowest according to
the percentage of children from
low-income families; and
(II) serve such eligible
school attendance areas in rank
order.
(ii) Rule of construction.--Nothing
in this subparagraph shall be construed
as requiring a local educational agency
to reduce, in order to comply with
clause (i), the amount of funding
provided under this part to elementary
schools and middle schools from the
amount of funding provided under this
part to such schools for the fiscal
year preceding the date of enactment of
the Every Child Achieves Act of 2015 in
order to provide funding under this
part to high schools pursuant to clause
(i).
(D) Remaining funds.--If funds remain after
serving all eligible school attendance areas
under subparagraph (C), a local educational
agency shall--
(i) annually rank such agency's
remaining eligible school attendance
areas from highest to lowest either by
grade span or for the entire local
educational agency according to the
percentage of children from low-income
families; and
(ii) serve such eligible school
attendance areas in rank order either
within each grade-span grouping or
within the local educational agency as
a whole.
(E) Measures.--
(i) In general.--Except as provided
in clause (ii), a local educational
agency shall use the same measure of
poverty, which measure shall be the
number of children aged 5 through 17 in
poverty counted in the most recent
census data approved by the Secretary,
the number of children eligible for a
free or reduced price lunch under the
Richard B. Russell National School
Lunch Act, the number of children in
families receiving assistance under the
State program funded under part A of
title IV of the Social Security Act, or
the number of children eligible to
receive medical assistance under the
Medicaid program established under
title XIX of the Social Security Act,
or a composite of such indicators, with
respect to all school attendance areas
in the local educational agency--
(I) to identify eligible
school attendance areas;
(II) to determine the
ranking of each area; and
(III) to determine
allocations under paragraph
(3).
(ii) Secondary schools.--For
measuring the number of students in
low-income families in secondary
schools, the local educational agency
shall use the same measure of poverty,
which shall be--
(I) the calculation
described under clause (i); or
(II) an accurate estimate
of the number of students in
low-income families in a
secondary school that is
calculated by applying the
average percentage of students
in low-income families of the
elementary school attendance
areas as calculated under
clause (i) that feed into the
secondary school to the number
of students enrolled in such
school.
(F) Exception.--This subsection shall not
apply to a local educational agency with a
total enrollment of less than 1,000 children.
(G) Waiver for desegregation plans.--The
Secretary may approve a local educational
agency's written request for a waiver of the
requirements of this paragraph and paragraph
(3) and permit such agency to treat as
eligible, and serve, any school that children
attend with a State-ordered, court-ordered
school desegregation plan or a plan that
continues to be implemented in accordance with
a State-ordered or court-ordered desegregation
plan, if--
(i) the number of economically
disadvantaged children enrolled in the
school is at least 25 percent of the
school's total enrollment; and
(ii) the Secretary determines on
the basis of a written request from
such agency and in accordance with such
criteria as the Secretary establishes,
that approval of that request would
further the purposes of this part.
(2) Local educational agency discretion.--
(A) In general.--Notwithstanding paragraph
(1)(B), a local educational agency may--
(i) designate as eligible any
school attendance area or school in
which at least 35 percent of the
children are from low-income families;
(ii) use funds received under this
part in a school that is not in an
eligible school attendance area, if the
percentage of children from low-income
families enrolled in the school is
equal to or greater than the percentage
of such children in a participating
school attendance area of such agency;
(iii) designate and serve a school
attendance area or school that is not
eligible under this section, but that
was eligible and that was served in the
preceding fiscal year, but only for 1
additional fiscal year; and
(iv) elect not to serve an eligible
school attendance area or eligible
school that has a higher percentage of
children from low-income families if--
(I) the school meets the
comparability requirements of
section 1117(c);
(II) the school is
receiving supplemental funds
from other State or local
sources that are spent
according to the requirements
of this section; and
(III) the funds expended
from such other sources equal
or exceed the amount that would
be provided under this part.
(B) Special rule.--Notwithstanding
subparagraph (A)(iv), the number of children
attending private elementary schools and
secondary schools who are to receive services,
and the assistance such children are to receive
under this part, shall be determined without
regard to whether the public school attendance
area in which such children reside is assisted
under subparagraph (A).
(3) Allocations.--
(A) In general.--A local educational agency
shall allocate funds received under this part
to eligible school attendance areas or eligible
schools, identified under paragraphs (1) and
(2) in rank order, on the basis of the total
number of children from low-income families in
each area or school.
(B) Special rule.--
(i) In general.--Except as provided
in clause (ii), the per-pupil amount of
funds allocated to each school
attendance area or school under
subparagraph (A) shall be at least 125
percent of the per-pupil amount of
funds a local educational agency
received for that year under the
poverty criteria described by the local
educational agency in the plan
submitted under section 1112, except
that this clause shall not apply to a
local educational agency that only
serves schools in which the percentage
of such children is 35 percent or
greater.
(ii) Exception.--A local
educational agency may reduce the
amount of funds allocated under clause
(i) for a school attendance area or
school by the amount of any
supplemental State and local funds
expended in that school attendance area
or school for programs that meet the
requirements of this section.
(4) Reservation of funds.--
(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, including
providing educationally related support
services to children in shelters and
other locations where children may
live;
(ii) children in local institutions
for neglected children; and
(iii) if appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day programs.
(B) Homeless children and youth.--Funds
reserved under subparagraph (A)(i) may be--
(i) determined based on a needs
assessment of homeless children and
youths in the local educational agency,
as conducted under section 723(b)(1) of
the McKinney-Vento Homeless Assistance
Act; and
(ii) used to provide homeless
children and youths with services not
ordinarily provided to other students
under this part, including providing--
(I) funding for the liaison
designated pursuant to section
722(g)(1)(J)(ii) of such Act;
and
(II) transportation
pursuant to section
722(g)(1)(J)(iii) of such Act.
(5) Early childhood education.--A local educational
agency may reserve funds made available to carry out
this section to provide early childhood education
programs for eligible children.
(b) Schoolwide Programs and Targeted Assistance Schools.--
(1) In general.--For each school that will receive
funds under this part, the local educational agency
shall determine whether the school shall operate a
schoolwide program consistent with subsection (c) or a
targeted assistance school program consistent with
subsection (d).
(2) Needs assessment.--The determination under
paragraph (1) shall be--
(A) based on a comprehensive needs
assessment of the entire school that takes into
account information on the academic achievement
of children in relation to the challenging
State academic standards under section
1111(b)(1), particularly the needs of those
children failing or are at-risk of failing to
meet the challenging State academic standards
and any other factors as determined by the
local educational agency; and
(B) conducted with the participation of
individuals who would carry out the schoolwide
plan, including those individuals under
subsection (c)(2)(B).
(3) Coordination.--The needs assessment under
paragraph (2) may be undertaken as part of other
related needs assessments under this Act.
(c) Schoolwide Programs.--
(1) In general.--
(A) Eligibility.--A local educational
agency may consolidate and use funds under this
part, together with other Federal, State, and
local funds, in order to upgrade the entire
educational program of a school that serves an
eligible school attendance area in which not
less than 40 percent of the children are from
low-income families, or not less than 40
percent of the children enrolled in the school
are from such families.
(B) Exception.--A school that serves an
eligible school attendance area in which less
than 40 percent of the children are from low-
income families, or a school for which less
than 40 percent of the children enrolled in the
school are from such families, may operate a
schoolwide program under this section if--
(i) the local educational agency in
which the school is located allows such
school to do so; and
(ii) the results of the
comprehensive needs assessment
conducted under subsection (b)(2)
determine a schoolwide program will
best serve the needs of the students in
the school served under this part in
improving academic achievement and
other factors.
(2) Schoolwide program plan.--An eligible school
operating a schoolwide program shall develop a
comprehensive plan, in consultation with the local
educational agency, tribes and tribal organizations
present in the community, and other individuals as
determined by the school, that--
(A) is developed during a 1-year period,
unless--
(i) the local educational agency
determines in consultation with the
school that less time is needed to
develop and implement the schoolwide
program; or
(ii) the school is operating a
schoolwide program on the day before
the date of enactment of the Every
Child Achieves Act of 2015, in which
case such school may continue to
operate such program, but shall develop
amendments to its existing plan during
the first year of assistance after that
date to reflect the provisions of this
section;
(B) is developed with the involvement of
parents and other members of the community to
be served and individuals who will carry out
such plan, including teachers, principals,
other school leaders, paraprofessionals present
in the school, and administrators (including
administrators of programs described in other
parts of this title), and, if appropriate,
specialized instructional support personnel,
technical assistance providers, school staff,
and students;
(C) remains in effect for the duration of
the school's participation under this part,
except that the plan and the implementation of,
and results achieved by, the schoolwide program
shall be regularly monitored and revised as
necessary to ensure students are meeting the
challenging State academic standards;
(D) is available to the local educational
agency, parents, and the public, and the
information contained in such plan shall be in
an understandable and uniform format and, to
the extent practicable, provided in a language
that the parents can understand;
(E) if appropriate and applicable,
developed in coordination and integration with
other Federal, State, and local services,
resources, and programs, such as programs
supported under this Act, violence prevention
programs, nutrition programs, housing programs,
Head Start programs, adult education programs,
career and technical education programs, and
interventions and supports for schools
identified as in need of intervention and
support under section 1114; and
(F) includes a description of--
(i) the results of the
comprehensive needs assessments of the
entire school required under subsection
(b)(2);
(ii) the strategies that the school
will be implementing to address school
needs, including a description of how
such strategies will--
(I) provide opportunities
for all children, including
each of the categories of
students, as defined in section
1111(b)(3)(A), to meet the
challenging State academic
standards under section
1111(b)(1);
(II) use evidence-based
methods and instructional
strategies that strengthen the
academic program in the school,
increase the amount and quality
of learning time, and help
provide an enriched and
accelerated curriculum;
(III) address the needs of
all children in the school, but
particularly the needs of those
at risk of not meeting the
challenging State academic
standards, which may include--
(aa) counseling,
specialized
instructional support
services, and mentoring
services;
(bb) preparation
for and awareness of
opportunities for
postsecondary education
and the workforce,
including career and
technical education
programs;
(cc) implementation
of a schoolwide multi-
tiered system of
supports, including
positive behavioral
interventions and
supports and early
intervening services,
including through
coordination with such
activities and services
carried out under the
Individuals with
Disabilities Education
Act;
(dd) implementation
of supports for
teachers and other
school personnel, which
may include
professional
development and other
activities to improve
instruction, activities
to recruit and retain
effective teachers,
particularly in high-
need schools, and using
data from academic
assessments under
section 1111(b)(2) and
other formative and
summative assessments
to improve instruction;
(ee) programs,
activities, and courses
in the core academic
subjects to assist
children in meeting the
challenging State
academic standards; and
(ff) other
strategies to improve
student's academic and
nonacademic skills
essential for success;
and
(IV) be monitored and
improved over time based on
student needs, including
increased supports for those
students who are lowest-
achieving;
(iii) if programs are consolidated,
a list of State educational agency and
local educational agency programs and
other Federal programs that will be
consolidated in the schoolwide program;
and
(iv) if appropriate, how funds will
be used to establish or enhance early
childhood education programs for
children who are aged 5 or younger,
including how programs will help
transition such children to local
elementary school programs.
(3) Identification of students not required.--
(A) In general.--No school participating in
a schoolwide program shall be required to
identify--
(i) particular children under this
part as eligible to participate in a
schoolwide program; or
(ii) individual services as
supplementary.
(B) Supplemental funds.--In accordance with
the method of determination described in
section 1117, a school participating in a
schoolwide program shall use funds available to
carry out this paragraph only to supplement the
amount of funds that would, in the absence of
funds under this part, be made available from
non-Federal sources for the school, including
funds needed to provide services that are
required by law for children with disabilities
and children who are English learners.
(4) Exemption from statutory and regulatory
requirements.--
(A) Exemption.--The Secretary may, through
publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act, except as provided in section
613(a)(2)(D) of such Act), or any discretionary
grant program administered by the Secretary, to
support schoolwide programs if the intent and
purposes of such other programs are met.
(B) Requirements.--A school that chooses to
use funds from such other programs shall not be
relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
comparability of services, maintenance of
effort, uses of Federal funds to supplement,
not supplant non-Federal funds (in accordance
with the method of determination described in
section 1117), or the distribution of funds to
State educational agencies or local educational
agencies that apply to the receipt of funds
from such programs.
(C) Records.--A school that chooses to
consolidate and use funds from different
Federal programs under this paragraph shall not
be required to maintain separate fiscal
accounting records, by program, that identify
the specific activities supported by those
particular funds as long as the school
maintains records that demonstrate that the
schoolwide program, considered as a whole,
addresses the intent and purposes of each of
the Federal programs that were consolidated to
support the schoolwide program.
(5) Preschool programs.--A school that operates a
schoolwide program under this subsection may use funds
made available under this part to establish, expand, or
enhance preschool programs for children aged 5 or
younger.
(d) Targeted Assistance School Programs.--
(1) In general.--Each school selected to receive
funds under subsection (a)(3) for which the local
educational agency serving such school, based on the
results of the comprehensive needs assessment conducted
under subsection (b)(2), determines the school shall
operate a targeted assistance school program, may use
funds received under this part only for programs that
provide services to eligible children under paragraph
(3) who are identified as having the greatest need for
special assistance.
(2) Targeted assistance school program.--Each
school operating a targeted assistance school program
shall develop a plan, in consultation with the local
educational agency and other individuals as determined
by the school, that includes--
(A) a description of the results of the
comprehensive needs assessments of the entire
school required under subsection (b)(2);
(B) a description of the process for
determining which students will be served and
the students to be served;
(C) a description of how the activities
supported under this part will be coordinated
with and incorporated into the regular
education program of the school;
(D) a description of how the program will
serve participating students identified under
subparagraph (B), including by--
(i) using resources under this
part, such as support for programs,
activities, and courses in core
academic subjects to help participating
children meet the challenging State
academic standards;
(ii) using methods and
instructional strategies that are
evidence-based to strengthen the core
academic program of the school and that
may include--
(I) expanded learning time,
before- and after-school
programs, and summer programs
and opportunities; or
(II) a multi-tiered system
of supports, positive
behavioral interventions and
supports, and early intervening
services;
(iii) coordinating with and
supporting the regular education
program, which may include services to
assist preschool children in the
transition from early childhood
education programs such as Head Start,
the literacy program under part D of
title II, or State-run preschool
programs to elementary school programs;
(iv) supporting effective teachers,
principals, other school leaders,
paraprofessionals, and, if appropriate,
specialized instructional support
personnel, and other school personnel
who work with participating children in
programs under this subsection or in
the regular education program with
resources provided under this part,
and, to the extent practicable, from
other sources, through professional
development;
(v) implementing strategies to
increase parental involvement of
parents of participating children in
accordance with section 1115; and
(vi) if applicable, coordinating
and integrating Federal, State, and
local services and programs, such as
programs supported under this Act,
violence prevention programs, nutrition
programs, housing programs, Head Start
programs, adult education programs,
career and technical education, and
intervention and supports in schools
identified as in need of intervention
and support under section 1114; and
(E) assurances that the school will--
(i) help provide an accelerated,
high-quality curriculum;
(ii) minimize removing children
from the regular classroom during
regular school hours for instruction
provided under this part; and
(iii) on an ongoing basis, review
the progress of participating children
and revise the plan under this section,
if necessary, to provide additional
assistance to enable such children to
meet the challenging State academic
standards.
(3) Eligible children.--
(A) Eligible population.--
(i) In general.--The eligible
population for services under this
subsection shall be--
(I) children not older than
age 21 who are entitled to a
free public education through
grade 12; and
(II) children who are not
yet at a grade level at which
the local educational agency
provides a free public
education.
(ii) Eligible children from
eligible population.--From the
population described in clause (i),
eligible children are children
identified by the school as failing, or
most at risk of failing, to meet the
challenging State academic standards on
the basis of multiple, educationally
related, objective criteria established
by the local educational agency and
supplemented by the school, except that
children from preschool through grade 2
shall be selected solely on the basis
of criteria, including objective
criteria, established by the local
educational agency and supplemented by
the school.
(B) Children included.--
(i) In general.--Children who are
economically disadvantaged, children
with disabilities, migrant children, or
children who are English learners, are
eligible for services under this
subsection on the same basis as other
children selected to receive services
under this subsection.
(ii) Head start and preschool
children.--A child who, at any time in
the 2 years preceding the year for
which the determination is made,
participated in a Head Start program,
the literacy program under part D of
title II, or in preschool services
under this title, is eligible for
services under this subsection.
(iii) Migrant children.--A child
who, at any time in the 2 years
preceding the year for which the
determination is made, received
services under part C is eligible for
services under this subsection.
(iv) Neglected or delinquent
children.--A child in a local
institution for neglected or delinquent
children and youth or attending a
community day program for such children
is eligible for services under this
subsection.
(v) Homeless children.--A child who
is homeless and attending any school
served by the local educational agency
is eligible for services under this
subsection.
(C) Special rule.--Funds received under
this subsection may not be used to provide
services that are otherwise required by law to
be made available to children described in
subparagraph (B) but may be used to coordinate
or supplement such services.
(4) Integration of professional development.--To
promote the integration of staff supported with funds
under this subsection into the regular school program
and overall school planning and improvement efforts,
public school personnel who are paid with funds
received under this subsection may--
(A) participate in general professional
development and school planning activities; and
(B) assume limited duties that are assigned
to similar personnel who are not so paid,
including duties beyond classroom instruction
or that do not benefit participating children,
so long as the amount of time spent on such
duties is the same proportion of total work
time as prevails with respect to similar
personnel at the same school.
(5) Special rules.--
(A) Simultaneous service.--Nothing in this
subsection shall be construed to prohibit a
school from serving students under this
subsection simultaneously with students with
similar educational needs, in the same
educational settings where appropriate.
(B) Comprehensive services.--If health,
nutrition, and other social services are not
otherwise available to eligible children in a
school operating a targeted assistance school
program and such school, if appropriate, has
established a collaborative partnership with
local service providers and funds are not
reasonably available from other public or
private sources to provide such services, then
a portion of the funds provided under this
subsection may be used to provide such
services, including through--
(i) the provision of basic medical
equipment and services, such as
eyeglasses and hearing aids;
(ii) compensation of a coordinator;
(iii) family support and engagement
services;
(iv) health care services and
integrated student supports to address
the physical, mental, and emotional
well-being of children; and
(v) professional development
necessary to assist teachers,
specialized instructional support
personnel, other staff, and parents in
identifying and meeting the
comprehensive needs of eligible
children.
(e) Prohibition.--Nothing in this section shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to require a local
educational agency or school to submit the results of a
comprehensive needs assessment under subsection (b)(2) or a
plan under subsection (c) or (d) for review or approval by the
Secretary.
SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, AND SUPPORTS.
(a) State Review and Responsibilities.--
(1) In general.--Each State educational agency
receiving funds under this part shall use the system
designed by the State under section 1111(b)(3) to
annually--
(A) identify the public schools that
receive funds under this part and are in need
of intervention and support using the method
established by the State in section
1111(b)(3)(B)(iii);
(B) require for inclusion--
(i) on each local educational
agency report card required under
section 1111(d), the names of schools
served by the agency identified under
subparagraph (A); and
(ii) on each school report card
required under section 1111(d), whether
the school was identified under
subparagraph (A);
(C) ensure that all public schools that
receive funds under this part and are
identified as in need of intervention and
support under subparagraph (A), implement an
evidence-based intervention or support strategy
designed by the State or local educational
agency described in subparagraph (A) or (B) of
subsection (b)(3);
(D) prioritize intervention and supports in
the identified schools most in need of
intervention and support, as determined by the
State, using the results of the accountability
system under 1111(b)(3)(B)(iii); and
(E) monitor and evaluate the implementation
of school intervention and support strategies
by local educational agencies, including in the
lowest-performing elementary schools and
secondary schools in the State, and use the
results of the evaluation to take appropriate
steps to change or improve interventions or
support strategies as necessary.
(2) State educational agency responsibilities.--The
State educational agency shall--
(A) make technical assistance available to
local educational agencies that serve schools
identified as in need of intervention and
support under paragraph (1)(A);
(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this section, take such actions as the State
educational agency determines to be appropriate
and in compliance with State law to assist the
local educational agency and ensure that such
local educational agency is carrying out its
responsibilities;
(C) inform local educational agencies of
schools identified as in need of intervention
and support under paragraph (1)(A) in a timely
and easily accessible manner that is before the
beginning of the school year; and
(D) publicize and disseminate to the
public, including teachers, principals and
other school leaders, and parents, the results
of the State review under paragraph (1).
(b) Local Educational Agency Review and Responsibilities.--
(1) In general.--Each local educational agency with
a school identified as in need of intervention and
support under subsection (a)(1)(A) shall, in
consultation with teachers, principals and other school
leaders, school personnel, parents, and community
members--
(A) conduct a review of such school,
including by examining the indicators and
measures included in the State-determined
accountability system described in section
1111(b)(3)(B) to determine the factors that led
to such identification;
(B) conduct a review of the policies,
procedures, personnel decisions, and budgetary
decisions of the local educational agency,
including the measures on the local educational
agency and school report cards under section
1111(d) that impact the school and could have
contributed to the identification of the
school;
(C) develop and implement appropriate
intervention and support strategies, as
described in paragraph (3), that are
proportional to the identified needs of the
school, for assisting the identified school;
(D) develop a rigorous comprehensive plan
that will be publicly available and provided to
parents, for ensuring the successful
implementation of the intervention and support
strategies described in paragraph (3) in
identified schools, which may include--
(i) technical assistance that will
be provided to the school;
(ii) improved delivery of services
to be provided by the local educational
agency;
(iii) increased support for
stronger curriculum, program of
instruction, wraparound services, or
other resources provided to students in
the school;
(iv) any changes to personnel
necessary to improve educational
opportunities for children in the
school;
(v) redesigning how time for
student learning or teacher
collaboration is used within the
school;
(vi) using data to inform
instruction for continuous improvement;
(vii) providing increased coaching
or support for principals and other
school leaders and teachers;
(viii) improving school climate and
safety;
(ix) providing ongoing mechanisms
for family and community engagement to
improve student learning; and
(x) establishing partnerships with
entities, including private entities
with a demonstrated record of improving
student achievement, that will assist
the local educational agency in
fulfilling its responsibilities under
this section; and
(E) collect and use data on an ongoing
basis to monitor the results of the
intervention and support strategies and adjust
such strategies as necessary during
implementation in order to improve student
academic achievement.
(2) Notice to parents.--A local educational agency
shall promptly provide to a parent or parents of each
student enrolled in a school identified as in need of
intervention and support under subsection (a)(1)(A) in
an easily accessible and understandable form and, to
the extent practicable, in a language that parents can
understand--
(A) an explanation of what the
identification means, and how the school
compares in terms of academic achievement and
other measures in the State accountability
system under section 1111(b)(3)(B) to other
schools served by the local educational agency
and the State educational agency involved;
(B) the reasons for the identification;
(C) an explanation of what the local
educational agency or State educational agency
is doing to help the school address student
academic achievement and other measures,
including a description of the intervention and
support strategies developed under paragraph
(1)(C) that will be implemented in the school;
(D) an explanation of how the parents can
become involved in addressing academic
achievement and other measures that caused the
school to be identified; and
(E) an explanation of the parents' option
to transfer their child to another public
school under paragraph (4), if applicable.
(3) School intervention and support strategies.--
(A) In general.--Consistent with subsection
(a)(1) and paragraph (1), a local educational
agency shall develop and implement evidence-
based intervention and support strategies for
an identified school that the local educational
agency determines appropriate to address the
needs of students in such identified school,
which shall--
(i) be designed to address the
specific reasons for identification, as
described in subparagraphs (A) and (B)
of paragraph (1);
(ii) be implemented, at a minimum,
in a manner that is proportional to the
specific reasons for identification, as
described in subparagraphs (A) and (B)
of paragraph (1); and
(iii) distinguish between the
lowest-performing schools and other
schools identified as in need of
intervention and support for other
reasons, including schools with
categories of students, as defined in
section 1111(b)(3)(A), not meeting the
goals described in section
1111(b)(3)(B)(i), as determined by the
review in subparagraphs (A) and (B) of
paragraph (1).
(B) State determined strategies.--
Consistent with State law, a State educational
agency may establish alternative evidence-based
State determined strategies that can be used by
local educational agencies to assist a school
identified as in need of intervention and
support under subsection (a)(1)(A), in addition
to the assistance strategies developed by a
local educational agency under subparagraph
(A).
(4) Public school choice.--
(A) In general.--A local educational agency
may provide all students enrolled in a school
identified as in need of intervention and
support under subsection (a)(1)(A) with the
option to transfer to another public school
served by the local educational agency, unless
such an option is prohibited by State law.
(B) Priority.--In providing students the
option to transfer to another public school,
the local educational agency shall give
priority to the lowest achieving children from
low-income families, as determined by the local
educational agency for the purposes of
allocating funds to schools under section
1113(a)(3).
(C) Treatment.--Students who use the option
to transfer to another public school shall be
enrolled in classes and other activities in the
public school to which the students transfer in
the same manner as all other children at the
public school.
(D) Special rule.--A local educational
agency shall permit a child who transfers to
another public school under this paragraph to
remain in that school until the child has
completed the highest grade in that school.
(E) Funding for transportation.--A local
educational agency may spend an amount equal to
not more than 5 percent of its allocation under
subpart 2 to pay for the provision of
transportation for students who transfer under
this paragraph to the public schools to which
the students transfer.
(5) Prohibitions on federal interference with state
and local decisions.--Nothing in this section shall be
construed to authorize or permit the Secretary to
establish any criterion that specifies, defines, or
prescribes--
(A) any school intervention or support
strategy that States or local educational
agencies shall use to assist schools identified
as in need of intervention and support under
this section; or
(B) the weight of any indicator or measure
that a State shall use to identify schools
under subsection (a).
(c) Funds for Local School Interventions and Supports.--
(1) In general.--
(A) Grants authorized.--From the total
amount appropriated under section 1002(f) for a
fiscal year, the Secretary shall award grants
to States and the Bureau of Indian Education of
the Department of the Interior, through an
allotment as determined under subparagraph (B),
to carry out the activities described in this
subsection.
(B) Allotments.--From the total amount
appropriated under section 1002(f) for a fiscal
year, the Secretary shall allot to each State,
the Bureau of Indian Education of the
Department of the Interior, and each outlying
area for such fiscal year with an approved
application, an amount that bears the same
relationship to such total amount as the amount
such State, the Bureau of Indian Education of
the Department of the Interior, or such
outlying area received under parts A, C, and D
of this title for the most recent preceding
fiscal year for which the data are available
bears to the amount received by all such
States, the Bureau of Indian Education of the
Department of the Interior, and all such
outlying areas under parts A, C, and D of this
title for such most recent preceding fiscal
year.
(2) State application.--A State that desires to
receive school improvement funds under this subsection
shall submit an application to the Secretary at such
time and in such manner as the Secretary may require,
which shall include a description of--
(A) the process and the criteria that the
State will use to award subgrants under
paragraph (4)(A), including how the subgrants
will serve schools identified by the State as
the lowest-performing schools under subsection
(a)(1);
(B) the process and the criteria the State
will use to determine whether the local
educational agency's proposal for serving each
identified school meets the requirements of
paragraph (6) and other provisions of this
section;
(C) how the State will ensure that local
educational agencies conduct a comprehensive
review of each identified school as required
under subsection (b) to identify evidence-based
school intervention and support strategies that
are likely to be successful in each particular
school;
(D) how the State will ensure geographic
diversity in making subgrants;
(E) how the State will set priorities in
awarding subgrants to local educational
agencies, including how the State will
prioritize local educational agencies serving
elementary schools and secondary schools
identified as the lowest-performing schools
under subsection (a)(1) that will use subgrants
to serve such schools;
(F) how the State will monitor and evaluate
the implementation of evidence-based school
intervention and support strategies supported
by funds under this subsection; and
(G) how the State will reduce barriers for
schools in the implementation of school
intervention and support strategies, including
by providing operational flexibility that would
enable complete implementation of the selected
school improvement strategy.
(3) State administration; technical assistance;
exception.--
(A) In general.--A State that receives an
allotment under this subsection may reserve not
more than a total of 5 percent of such
allotment for the administration of this
subsection to carry out its responsibilities
under subsection (a)(2) to support school and
local educational agency interventions and
supports, which may include activities aimed at
building State capacity to support and monitor
the local educational agency and school
intervention and supports.
(B) Exception.--Notwithstanding
subparagraph (A), a State educational agency
may reserve from the amount allotted under this
subsection additional funds to meet its
responsibilities under subsection (a)(2)(B) if
a local educational agency fails to carry out
its responsibilities under subsection (b), but
shall not reserve more than necessary to meet
such State responsibilities.
(4) Subgrants to local educational agencies.--
(A) In general.--From the amounts awarded
to a State under this subsection, the State
educational agency shall allocate not less than
95 percent to make subgrants to local
educational agencies, on a competitive basis,
to serve schools identified as in need of
intervention and support under subsection
(a)(1)(A).
(B) Duration.--The State educational agency
shall award subgrants under this paragraph for
a period of not more than 5 years, which period
may include a planning year.
(C) Criteria.--Subgrants awarded under this
section shall be of sufficient size to enable a
local educational agency to effectively
implement the selected intervention and support
strategy.
(D) Rule of construction.--Nothing in this
subsection shall be construed as prohibiting a
State from allocating subgrants under this
subsection to a statewide school district,
consortium of local educational agencies, or an
educational service agency that serves schools
identified as in need of intervention and
support under this section, if such entities
are legally constituted or recognized as local
educational agencies in the State.
(5) Application.--In order to receive a subgrant
under this subsection, a local educational agency shall
submit an application to the State educational agency
at such time, in such form, and including such
information as the State educational agency may
require. Each application shall include, at a minimum--
(A) a description of the process the local
educational agency has used for selecting an
appropriate evidence-based school intervention
and support strategy for each school to be
served, including how the local educational
agency has analyzed the needs of each such
school in accordance with subsection (b)(1) and
meaningfully consulted with teachers,
principals, and other school leaders in
selecting such intervention and support
strategy;
(B) the specific evidence-based school
interventions and supports to be used in each
school to be served, how these interventions
and supports will address the needs identified
in the review under subsection (b)(1), and the
timeline for implementing such school
interventions and supports in each school to be
served;
(C) a detailed budget covering the grant
period, including planned expenditures at the
school level for activities supporting full and
effective implementation of the selected school
intervention and support strategy;
(D) a description of how the local
educational agency will--
(i) design and implement the
selected school intervention and
support strategy, in accordance with
the requirements under subsection
(b)(1)(C), including the use of
appropriate measures to monitor the
effectiveness of implementation;
(ii) use a rigorous review process
to recruit, screen, select, and
evaluate any external partners with
whom the local educational agency will
partner;
(iii) align other Federal, State,
and local resources with the
intervention and support strategy to
reduce duplication, increase
efficiency, and assist identified
schools in complying with reporting
requirements of Federal and State
programs;
(iv) modify practices and policies,
if necessary, to provide operational
flexibility that enables full and
effective implementation of the
selected school intervention and
support strategy;
(v) collect and use data on an
ongoing basis to adjust the
intervention and support strategy
during implementation, and if
necessary, modify or implement a
different strategy if implementation is
not effective, in order to improve
student academic achievement;
(vi) ensure that the implementation
of the intervention and support
strategy meets the needs of each of the
categories of students, as defined in
section 1111(b)(3)(A);
(vii) provide information to
parents, guardians, teachers, and other
stakeholders about the effectiveness of
implementation, to the extent
practicable, in a language that the
parents can understand; and
(viii) sustain successful reforms
and practices after the funding period
ends;
(E) a description of the technical
assistance and other support that the local
educational agency will provide to ensure
effective implementation of school intervention
and support strategies in identified schools,
in accordance with subsection (b)(1)(D), such
as ensuring identified schools have access to
resources like facilities, professional
development, and technology and adopting human
resource policies that prioritize recruitment,
retention, and placement of effective staff in
identified schools; and
(F) an assurance that each school the local
educational agency proposes to serve will
receive all of the State and local funds it
would have received in the absence of funds
received under this subsection.
(6) Local activities.--A local educational agency
that receives a subgrant under this subsection--
(A) shall use the subgrant funds to
implement evidence-based school intervention
and support strategies in schools identified as
in need of intervention and support under
subsection (a)(1)(A); and
(B) may use the subgrant funds to carry
out, at the local educational agency level,
activities that directly support the
implementation of the intervention and support
strategies such as--
(i) assistance in data collection
and analysis;
(ii) recruiting and retaining
staff;
(iii) high-quality, evidence-based
professional development;
(iv) coordination of services to
address students' non-academic needs;
and
(v) progress monitoring.
(7) Reporting.--A State that receives funds under
this subsection shall report to the Secretary a list of
all the local educational agencies that received a
subgrant under this subsection and for each local
educational agency that received a subgrant, a list of
all the schools that were served, the amount of funds
each school received, and the intervention and support
strategies implemented in each school.
(8) Supplement not supplant.--A local educational
agency or State shall use Federal funds received under
this subsection only to supplement the funds that
would, in the absence of such Federal funds, be made
available from non-Federal sources for the education of
students participating in programs funded under this
subsection.
(d) Rule of Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
SEC. [1118]1115. [PARENTAL INVOLVEMENT]PARENT AND FAMILY ENGAGEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--A local educational agency may
receive funds under this part only if such agency
conducts outreach to all parents and family members and
implements programs, activities, and procedures for the
involvement of parents and family members in programs
assisted under this part consistent with this section.
Such programs, activities, and procedures shall be
planned and implemented with meaningful consultation
with parents of participating children.
(2) Written policy.--Each local educational agency
that receives funds under this part shall develop
jointly with, agree on with, and distribute to, parents
and family members of participating children a [written
parent involvement policy]written parent and family
engagement policy. The policy shall be incorporated
into the local educational agency's plan developed
under section 1112, establish the agency's
[expectations for parent involvement]expectations and
objectives for meaningful parent and family
involvement, and describe how the agency will--
[(A) involve parents in the joint
development of the plan under section 1112, and
the process of school review and improvement
under section 1116;
[(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools in planning and
implementing effective parent involvement
activities to improve student academic
achievement and school performance;
[(C) build the schools' and parents'
capacity for strong parental involvement as
described in subsection (e);
[(D) coordinate and integrate parental
involvement strategies under this part with
parental involvement strategies under other
programs, such as the Head Start program,
Reading First program, Early Reading First
program, Even Start program, Parents as
Teachers program, and Home Instruction Program
for Preschool Youngsters, and State-run
preschool programs;
[(E) conduct, with the involvement of
parents, an annual evaluation of the content
and effectiveness of the parental involvement
policy in improving the academic quality of the
schools served under this part, including
identifying barriers to greater participation
by parents in activities authorized by this
section (with particular attention to parents
who are economically disadvantaged, are
disabled, have limited English proficiency,
have limited literacy, or are of any racial or
ethnic minority background), and use the
findings of such evaluation to design
strategies for more effective parental
involvement, and to revise, if necessary, the
parental involvement policies described in this
section; and
[(F) involve parents in the activities of
the schools served under this part.]
(A) involve parents and family members in
jointly developing the local educational agency
plan under section 1112 and the process of
school review and intervention and support
under section 1114;
(B) provide the coordination, technical
assistance, and other support necessary to
assist and build the capacity of all
participating schools within the local
educational agency in planning and implementing
effective parent and family involvement
activities to improve student academic
achievement and school performance, which may
include meaningful consultation with employers,
business leaders, and philanthropic
organizations, or individuals with expertise in
effectively engaging parents and family members
in education;
(C) coordinate and integrate parent and
family engagement strategies under this part
with parent and family engagement strategies,
to the extent feasible and appropriate, with
other relevant Federal, State, and local laws
and programs;
(D) conduct, with the meaningful
involvement of parents and family members, an
annual evaluation of the content and
effectiveness of the parent and family
engagement policy in improving the academic
quality of all schools served under this part,
including identifying--
(i) barriers to greater
participation by parents in activities
authorized by this section (with
particular attention to parents who are
economically disadvantaged, are
disabled, are English learners, have
limited literacy, or are of any racial
or ethnic minority background);
(ii) the needs of parents and
family members to assist with the
learning of their children, including
engaging with school personnel and
teachers; and
(iii) strategies to support
successful school and family
interactions;
(E) use the findings of such evaluation in
subparagraph (D) to design evidence-based
strategies for more effective parental
involvement, and to revise, if necessary, the
parent and family engagement policies described
in this section; and
(F) involve parents in the activities of
the schools served under this part, which may
include establishing a parent advisory board
comprised of a sufficient number and
representative group of parents or family
members served by the local educational agency
to adequately represent the needs of the
population served by such agency for the
purposes of developing, revising, and reviewing
the parent and family engagement policy.
(3) Reservation.--
(A) In general.--Each local educational
agency shall reserve not less than 1 percent of
such agency's allocation under subpart 2 of
this part [to carry out this section, including
promoting family literacy and parenting
skills,]to assist schools to carry out the
activities described in this section, except
that this paragraph shall not apply if 1
percent of such agency's allocation under
subpart 2 of this part for the fiscal year for
which the determination is made is $5,000 or
less.
[(B) Parental input.--Parents of
children](B) Parent and family member input.--
Parents and family members of children
receiving services under this part shall be
involved in the decisions regarding how funds
reserved under subparagraph (A) are allotted
for parental involvement activities.
(C) Distribution of funds.--Not less than
[95 percent]85 percent of the funds reserved
under subparagraph (A) shall be distributed to
schools served under this part, with priority
given to high-need schools.
(D) Use of funds.--Funds reserved under
subparagraph (A) by a local educational agency
shall be used to carry out activities and
strategies consistent with the local
educational agency's parent and family
engagement policy, including not less than 1 of
the following:
(i) Supporting schools and
nonprofit organizations in providing
professional development for local
educational agency and school personnel
regarding parent and family engagement
strategies, which may be provided
jointly to teachers, school leaders,
specialized instructional support
personnel, paraprofessionals, early
childhood educators, and parents and
family members.
(ii) Supporting home visitation
programs.
(iii) Disseminating information on
best practices focused on parent and
family engagement, especially best
practices for increasing the engagement
of economically disadvantaged parents
and family members.
(iv) Collaborating or providing
subgrants to schools to enable such
schools to collaborate with community-
based or other organizations or
employers with a demonstrated track
record of success in improving and
increasing parent and family
engagement.
(v) Engaging in any other
activities and strategies that the
local educational agency determines are
appropriate and consistent with such
agency's parent and family engagement
policy, which may include adult
education and literacy activities, as
defined in section 203 of the Adult
Education and Family Literacy Act.
(b) School [Parental Involvement Policy]Parental and Family
Engagement Policy.--
(1) In general.--Each school served under this part
shall jointly develop with, and distribute to, parents
and family members of participating children a [written
parental involvement policy]written parent and family
engagement policy, agreed on by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in an understandable
and uniform format and, to the extent practicable,
provided in a language the parents can understand. Such
policy shall be made available to the local community
and updated periodically to meet the changing needs of
parents and the school.
(2) Special rule.--If the school has a [parental
involvement policy]parent and family engagement policy
that applies to all parents and family members, such
school may amend that policy, if necessary, to meet the
requirements of this subsection.
(3) Amendment.--If the local educational agency
involved has a [school district-level parental
involvement policy]district-level parent and family
engagement policy that applies to all parents and
family members in all schools served by the local
educational agency, such agency may amend that policy,
if necessary, to meet the requirements of this
subsection.
(4) Parental comments.--* * *
(c) Policy Involvement.--Each school served under this part
shall--
(1) * * *
* * * * * * *
(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this part, including the planning,
review, and improvement of the school [parental
involvement policy]parent and family engagement policy
and the joint development of the schoolwide program
plan under section 1114(b)(2), except that if a school
has in place a process for involving parents in the
joint planning and design of the school's programs, the
school may use that process, if such process includes
an adequate representation of parents of participating
children;
(4) provide parents of participating children--
(A) * * *
(B) a description and explanation of the
curriculum in use at the school, the forms of
academic assessment used to measure student
progress, and [the proficiency levels students
are expected to meet]the achievement levels of
the challenging State academic standards; and
(C) * * *
(5) if the schoolwide program plan under [section
1114(b)(2)]section 1113(c)(2) is not satisfactory to
the parents of participating children, submit any
parent comments on the plan when the school makes the
plan available to the local educational agency.
(d) Shared Responsibilities for High Student Academic
Achievement.--As a component of the school-level [parental
involvement policy]parent and family engagement policy
developed under subsection (b), each school served under this
part shall jointly develop with parents for all children served
under this part a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student academic achievement and
the means by which the school and parents will build and
develop a partnership to help children achieve the State's high
standards. Such compact shall--
(1) describe the school's responsibility to provide
high-quality curriculum and instruction in a supportive
and effective learning environment that enables the
children served under this part to meet [the State's
student academic achievement standards]the challenging
State academic standards, and the ways in which each
parent will be responsible for supporting their
children's learning[, such as monitoring attendance,
homework completion, and television watching];
volunteering in their child's classroom; and
participating, as appropriate, in decisions relating to
the education of their children and positive use of
extracurricular time; and
(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a
minimum--
(A) * * *
(B) frequent reports to parents on their
children's progress; [and]
(C) reasonable access to staff,
opportunities to volunteer and participate in
their child's class, and observation of
classroom activities[.]; and
(D) ensuring regular two-way, meaningful
communication between family members and school
staff, to the extent practicable, in a language
that family members can understand and access.
(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the
school involved, parents, and the community to improve student
academic achievement, each school and local educational agency
assisted under this part--
(1) shall provide assistance to parents of children
served by the school or local educational agency, as
appropriate, in understanding such topics as [the
State's academic content standards and State student
academic achievement standards]the challenging State
academic standards, State and local academic
assessments, the requirements of this part, and how to
monitor a child's progress and work with educators to
improve the achievement of their children;
* * * * * * *
(3) shall educate teachers, [pupil services
personnel, principals]specialized instructional support
personnel, principals, and other school leaders, and
other staff, with the assistance of parents, in the
value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with
parents as equal partners, implement and coordinate
parent programs, and build ties between parents and the
school;
(4) shall, to the extent feasible and appropriate,
coordinate and integrate parent involvement programs
and activities with [Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as
Teachers Program,]other relevant Federal, State, and
local laws, and public preschool and other programs,
and conduct other activities, such as parent resource
centers, that encourage and support parents in more
fully participating in the education of their children;
(5) * * *
* * * * * * *
[(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
full opportunities for the participation of parents with
limited English proficiency, parents with disabilities, and
parents of migratory children, including providing information
and school reports required under section 1111 in a format and,
to the extent practicable, in a language such parents
understand.]
(f) Accessibility.--In carrying out the parent and family
engagement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
opportunities for the full and informed participation of
parents and family members (including parents and family
members who are English learners, parents and family members
with disabilities, and parents and family members of migratory
children), including providing information and school reports
required under section 1111 in a format and, to the extent
practicable, in a language such parents understand.
* * * * * * *
(h) Review.--The State educational agency shall review the
local educational agency's [parental involvement
policies]parent and family engagement policies and practices to
determine if the policies and practices meet the requirements
of this section.
[SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
[(a) Teacher Qualifications and Measurable Objectives.--
[(1) In general.--Beginning with the first day of
the first school year after the date of enactment of
the No Child Left Behind Act of 2001, each local
educational agency receiving assistance under this part
shall ensure that all teachers hired after such day and
teaching in a program supported with funds under this
part are highly qualified.
[(2) State plan.--As part of the plan described in
section 1111, each State educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching in core academic
subjects within the State are highly qualified not
later than the end of the 2005-2006 school year. Such
plan shall establish annual measurable objectives for
each local educational agency and school that, at a
minimum--
[(A) shall include an annual increase in
the percentage of highly qualified teachers at
each local educational agency and school, to
ensure that all teachers teaching in core
academic subjects in each public elementary
school and secondary school are highly
qualified not later than the end of the 2005-
2006 school year;
[(B) shall include an annual increase in
the percentage of teachers who are receiving
high-quality professional development to enable
such teachers to become highly qualified and
successful classroom teachers; and
[(C) may include such other measures as the
State educational agency determines to be
appropriate to increase teacher qualifications.
[(3) Local plan.--As part of the plan described in
section 1112, each local educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching within the school
district served by the local educational agency are
highly qualified not later than the end of the 2005-
2006 school year.
[(b) Reports.--
[(1) Annual state and local reports.--
[(A) Local reports.--Each State educational
agency described in subsection (a)(2) shall
require each local educational agency receiving
funds under this part to publicly report, each
year, beginning with the 2002-2003 school year,
the annual progress of the local educational
agency as a whole and of each of the schools
served by the agency, in meeting the measurable
objectives described in subsection (a)(2).
[(B) State reports.--Each State educational
agency receiving assistance under this part
shall prepare and submit each year, beginning
with the 2002-2003 school year, a report to the
Secretary, describing the State educational
agency's progress in meeting the measurable
objectives described in subsection (a)(2).
[(C) Information from other reports.--A
State educational agency or local educational
agency may submit information from the reports
described in section 1111(h) for the purposes
of this subsection, if such report is modified,
as may be necessary, to contain the information
required by this subsection, and may submit
such information as a part of the reports
required under section 1111(h).
[(2) Annual reports by the secretary.--Each year,
beginning with the 2002-2003 school year, the Secretary
shall publicly report the annual progress of State
educational agencies, local educational agencies, and
schools, in meeting the measurable objectives described
in subsection (a)(2).
[(c) New Paraprofessionals.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals hired after the date of enactment
of the No Child Left Behind Act of 2001 and working in
a program supported with funds under this part shall
have--
[(A) 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) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date of enactment of the
No Child Left Behind Act of 2001, and working in a program
supported with funds under this part shall, not later than 4
years after the date of enactment satisfy the requirements of
subsection (c).
[(e) Exceptions for Translation and Parental Involvement
Activities.--Subsections (c) and (d) 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.
[(f) 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.
[(g) 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.
[(h) Use of Funds.--A local educational agency receiving
funds under this part may use such funds to support ongoing
training and professional development to assist teachers and
paraprofessionals in satisfying the requirements of this
section.
[(i) Verification of Compliance.--
[(1) In general.--In verifying compliance with this
section, each local educational agency, at a minimum,
shall require that the principal of each school
operating a program under section 1114 or 1115 attest
annually in writing as to whether such school is in
compliance with the requirements of this section.
[(2) Availability of information.--Copies of
attestations under paragraph (1)--
[(A) shall be maintained at each school
operating a program under section 1114 or 1115
and at the main office of the local educational
agency; and
[(B) shall be available to any member of
the general public on request.
[(j) Combinations of Funds.--Funds provided under this part
that are used for professional development purposes may be
combined with funds provided under title II of this Act, other
Acts, and other sources.
[(k) Special Rule.--Except as provided in subsection (l),
no State educational agency shall require a school or a local
educational agency to expend a specific amount of funds for
professional development activities under this part, except
that this paragraph shall not apply with respect to
requirements under section 1116(c)(3).
[(l) Minimum Expenditures.--Each local educational agency
that receives funds under this part shall use not less than 5
percent, or more than 10 percent, of such funds for each of
fiscal years 2002 and 2003, and not less than 5 percent of the
funds for each subsequent fiscal year, for professional
development activities to ensure that teachers who are not
highly qualified become highly qualified not later than the end
of the 2005-2006 school year.]
SEC. [1120]1116. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under [section
1115(b)]section 1113(d)(3) in the school district
served by a local educational agency who are enrolled
in private elementary schools and secondary schools, a
local educational agency shall, after timely and
meaningful consultation with appropriate private school
officials, provide such children, on an equitable
basis, special educational services or other benefits
under this part (such as dual enrollment, educational
radio and television, computer equipment and materials,
other technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of the children participate,
on an equitable basis, in services and activities
developed pursuant to [sections 1118 and 1119]section
1115.
* * * * * * *
[(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools, which the local
educational agency may determine each year or every 2
years.]
(4) Expenditures.--
(A) In general.--Expenditures for
educational services and other benefits to
eligible private school children shall be equal
to the proportion of funds allocated to
participating school attendance areas based on
the number of children from low-income families
who attend private schools.
(B) Term of determination.--The local
educational agency may determine the equitable
share each year or every 2 years.
(C) Method of determination.--The
proportional share of funds shall be
determined--
(i) based on the total allocation
received by the local educational
agency; and
(ii) prior to any allowable
expenditures or transfers by the local
educational agency.
(5) Provision of services.--* * *
(b) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials during the
design and development of such agency's programs under
this part, on issues such as--
(A) * * *
* * * * * * *
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, [and] the proportion of funds
that is allocated under subsection (a)(4) for
such services, and how that proportion of funds
is determined;
(F) the method or sources of data that are
used under subsection (c) and [section
1113(c)(1)]section 1113(a)(3) to determine the
number of children from low-income families in
participating school attendance areas who
attend private schools;
(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials on the provision of
services through a contract with potential
third-party providers; [and]
(H) how, if the agency disagrees with the
views of the private school officials on the
provision of services through a contract, the
local educational agency will provide in
writing to such private school officials an
analysis of the reasons why the local
educational agency has chosen not to use a
contractor[.]; and
(I) whether the agency shall provide
services directly or assign responsibility for
the provision of services to a separate
government agency, consortium, or entity, or to
a third-party contractor.
(2) Timing.--* * *
* * * * * * *
(5) Compliance.--
(A) In general.--A private school official
shall have the right to complain to the State
educational agency that the local educational
agency did not engage in consultation that was
meaningful and timely, [or] did not give due
consideration to the views of the private
school official, or did not make a decision
that treats the private school students
equitably as required by this section.
(B) Procedure.--* * *
* * * * * * *
SEC. [1120A]1117. FISCAL REQUIREMENTS.
(a) Maintenance of Effort.--* * *
[(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
[(1) In general.--A State educational agency or
local educational agency shall use Federal funds
received under this part only to supplement the funds
that would, in the absence of such Federal funds, be
made available from non-Federal sources for the
education of pupils participating in programs assisted
under this part, and not to supplant such funds.
[(2) Special rule.--No local educational agency
shall be required to provide services under this part
through a particular instructional method or in a
particular instructional setting in order to
demonstrate such agency's compliance with paragraph
(1).]
(b) Federal Funds to Supplement, Not Supplant, Non-Federal
Funds.--
(1) In general.--A State educational agency or
local educational agency shall use Federal funds
received under this part only to supplement the funds
that would, in the absence of such Federal funds, be
made available from non-Federal sources for the
education of students participating in programs
assisted under this part, and not to supplant such
funds.
(2) Compliance.--To demonstrate compliance with
paragraph (1), a local educational agency shall
demonstrate that the methodology used to allocate State
and local funds to each school receiving assistance
under this part ensures that such school receives all
of the State and local funds it would otherwise receive
if it were not receiving assistance under this part.
(3) Special rule.--No local educational agency
shall be required to--
(A) identify that an individual cost or
service supported under this part is
supplemental; and
(B) provide services under this part
through a particular instructional method or in
a particular instructional setting in order to
demonstrate such agency's compliance with
paragraph (1).
(4) Prohibition.--Nothing in this section shall be
construed to authorize or permit the Secretary to
establish any criterion that specifies, defines, or
prescribes the specific methodology a local educational
agency uses to allocate State and local funds to each
school receiving assistance under this part.
(5) Timeline.--A local educational agency--
(A) shall meet the compliance requirement
under paragraph (2) not later than 2 years
after the date of enactment of the Every Child
Achieves Act of 2015; and
(B) may demonstrate compliance with the
requirement under paragraph (1) before the end
of such 2-year period using the method such
local educational agency used on the day before
the date of enactment of the Every Child
Achieves Act of 2015.
* * * * * * *
(d) Exclusion of Funds.--* * *
* * * * * * *
SEC. [1120B]1118. COORDINATION REQUIREMENTS.
(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities
described in subsection (b) with Head Start agencies and, if
feasible, other entities carrying out [early childhood
development programs such as the Early Reading First program],
early childhood education programs, including by developing
agreements with such Head Start agencies and other entities to
carry out such activities.
(b) Activities.--The activities referred to in subsection
(a) are activities that increase coordination between the local
educational agency and a Head Start agency and, if feasible,
other entities carrying out [early childhood development
programs, such as the Early Reading First program,]early
childhood education 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 such as the Early Reading
First program]early childhood education program;
(2) establishing channels of communication between
school staff and their counterparts (including
teachers, social workers, and health staff) in such
Head Start agencies or other entities carrying out
[early childhood development programs such as the Early
Reading First program]early childhood education
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 such as the Early
Reading First program]early childhood education
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, [Early Reading First program staff,]
and, where appropriate, other [early childhood
development program]early childhood education program
staff; and
(5) linking the educational services provided by
such local educational agency with the services
provided by local Head Start agencies[and entities
carrying out Early Reading First programs].
(c) Coordination of Regulations.--* * *
* * * * * * *
Subpart 2--Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f), the Secretary shall reserve a total of 1 percent
to provide assistance to--
(1) * * *
* * * * * * *
(b) Assistance to Outlying Areas.--
(1) Funds reserved.--* * *
* * * * * * *
(3) Limitation for competitive grants.--
(A) Competitive grants.--* * *
* * * * * * *
(C) Uses.--Except as provided in
subparagraph (D), grant funds awarded under
this paragraph may be used only--
(i) * * *
(ii) to provide direct educational
services that assist all students with
meeting [challenging State academic
content standards]challenging State
academic standards.
(D) Administrative costs.--* * *
* * * * * * *
SEC. 1122. ALLOCATIONS TO STATES.
(a) Allocation Formula.--Of the amount appropriated under
section 1002(a) to carry out this part [for each of fiscal
years 2002-2007]for each of fiscal years 2016 through 2021
(referred to in this subsection as the current fiscal year)--
(1) * * *
* * * * * * *
SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
(a) Grants.--* * *
* * * * * * *
(c) Use of Funds; Eligibility of Local Educational
Agencies.--All funds awarded to each State under this section
shall be allocated to local educational agencies under the
following provisions. Within local educational agencies, funds
allocated under this section shall be distributed to schools on
a basis consistent with section 1113, and may only be used to
carry out activities under this part. A local educational
agency in a State is eligible to receive a targeted grant under
this section for any fiscal year if--
[(A)](1) * * *
[(B)](2) * * *
* * * * * * *
(d) Allocation of Funds to Eligible Local Educational
Agencies.--Funds received by States under this section shall be
allocated within States to eligible local educational agencies
on the basis of weighted child counts calculated in accordance
with paragraph (1), (2), or (3), as appropriate for each State.
(1) States with an equity factor less than.10.--In
States with an equity factor less than .10, the
weighted child counts referred to in subsection (d)
shall be calculated as follows:
(A) Weights for allocations to counties.--
(i) In general.--* * *
(ii) By percentage of children.--
The amount referred to in [clause
``(i)]clause (i) is determined by
adding--
(I) * * *
* * * * * * *
[(e) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allotment
of funds under this section for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the 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.
[(2) Reduction of funds.--The Secretary shall
reduce the amount of funds awarded to any State under
this section in any fiscal year in the exact proportion
to which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
[(3) Waivers.--The Secretary may waive, for 1
fiscal year only, the requirements of this subsection
if the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.]
(e) Maintenance of Effort.--
(1) In general.--A State is entitled to receive its
full allotment of funds under this section for any
fiscal year if the Secretary finds that the State's
fiscal effort per student or the aggregate expenditures
of the State with respect to the provision of free
public education by the State for the preceding fiscal
year was not less than 90 percent of the fiscal effort
or aggregate expenditures for the second preceding
fiscal year, subject to the requirements of paragraph
(2).
(2) Reduction in case of failure to meet.--
(A) In general.--The Secretary shall reduce
the amount of the allotment of funds under this
section in any fiscal year in the exact
proportion by which a State fails to meet the
requirement of paragraph (1) by falling below
90 percent of both the fiscal effort per
student and aggregate expenditures (using the
measure most favorable to the State), if such
State has also failed to meet such requirement
(as determined using the measure most favorable
to the State) for 1 or more of the 5
immediately preceding fiscal years.
(B) Special rule.--No such lesser amount
shall be used for computing the effort required
under paragraph (1) for subsequent years.
(3) Waiver.--The Secretary may waive the
requirements of this subsection if the Secretary
determines that a waiver would be equitable due to--
(A) exceptional or uncontrollable
circumstances, such as a natural disaster or a
change in the organizational structure of the
State; or
(B) a precipitous decline in the financial
resources of the State.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for [fiscal year 2002]fiscal year 2016 and for
each of the 5 succeeding fiscal years.
(g) Adjustments Where Necessitated by Appropriations.--
(1) In general.--* * *
* * * * * * *
(3) Hold-harmless amounts.--For each fiscal year,
if sufficient funds are available, the amount made
available to each local educational agency under this
section [shall be]shall be--
(A) * * *
* * * * * * *
[PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]
[Subpart 1--Reading First]
[SEC. 1201. PURPOSES.
[The purposes of this subpart are as follows:
[(1) To provide assistance to State educational
agencies and local educational agencies in establishing
reading programs for students in kindergarten through
grade 3 that are based on scientifically based reading
research, to ensure that every student can read at
grade level or above not later than the end of grade 3.
[(2) To provide assistance to State educational
agencies and local educational agencies in preparing
teachers, including special education teachers, through
professional development and other support, so the
teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
[(3) To provide assistance to State educational
agencies and local educational agencies in selecting or
administering screening, diagnostic, and classroom-
based instructional reading assessments.
[(4) To provide assistance to State educational
agencies and local educational agencies in selecting or
developing effective instructional materials (including
classroom-based materials to assist teachers in
implementing the essential components of reading
instruction), programs, learning systems, and
strategies to implement methods that have been proven
to prevent or remediate reading failure within a State.
[(5) To strengthen coordination among schools,
early literacy programs, and family literacy programs
to improve reading achievement for all children.
[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) In General.--
[(1) Authorization to make grants.--In the case of
each State educational agency that in accordance with
section 1203 submits to the Secretary an application
for a 6-year period, the Secretary, from amounts
appropriated under section 1002(b)(1) and subject to
the application's approval, shall make a grant to the
State educational agency for the uses specified in
subsections (c) and (d). For each fiscal year, the
funds provided under the grant shall equal the
allotment determined for the State educational agency
under subsection (b).
[(2) Duration of grants.--Subject to subsection
(e)(3), a grant under this section shall be awarded for
a period of not more than 6 years.
[(b) Determination of Amount of Allotments.--
[(1) Reservations from appropriations.--From the
total amount made available to carry out this subpart
for a fiscal year, the Secretary--
[(A) shall reserve one-half of 1 percent
for allotments for the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
to be distributed among these outlying areas on
the basis of their relative need, as determined
by the Secretary in accordance with the
purposes of this subpart;
[(B) shall reserve one-half of 1 percent
for the Secretary of the Interior for programs
under this subpart in schools operated or
funded by the Bureau of Indian Affairs;
[(C) may reserve not more than 2\1/2\
percent or $25,000,000, whichever is less, to
carry out section 1205 (relating to external
evaluation) and section 1206 (relating to
national activities);
[(D) shall reserve $5,000,000 to carry out
sections 1207 and 1224 (relating to information
dissemination); and
[(E) for any fiscal year, beginning with
fiscal year 2004, for which the amount
appropriated to carry out this subpart exceeds
the amount appropriated for fiscal year 2003,
shall reserve, to carry out section 1204, the
lesser of--
[(i) $90,000,000; or
[(ii) 10 percent of such excess
amount.
[(2) State allotments.--In accordance with
paragraph (3), the Secretary shall allot among each of
the States the total amount made available to carry out
this subpart for any fiscal year and not reserved under
paragraph (1).
[(3) Determination of state allotment amounts.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall allot the amount made
available under paragraph (2) for a fiscal year
among the States in proportion to the number of
children, aged 5 to 17, who reside within the
State and are from families with incomes below
the poverty line for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such individuals who
reside in all such States for that fiscal year.
[(B) Exceptions.--
[(i) Minimum grant amount.--Subject
to clause (ii), no State receiving an
allotment under subparagraph (A) may
receive less than one-fourth of 1
percent of the total amount allotted
under such subparagraph.
[(ii) Puerto rico.--The percentage
of the amount allotted under
subparagraph (A) that is allotted to
the Commonwealth of Puerto Rico for a
fiscal year may not exceed the
percentage that was received by the
Commonwealth of Puerto Rico of the
funds allocated to all States under
subpart 2 of part A for the preceding
fiscal year.
[(4) Distribution of subgrants.--The Secretary may
make a grant to a State educational agency only if the
State educational agency agrees to expend at least 80
percent of the amount of the funds provided under the
grant for the purpose of making, in accordance with
subsection (c), competitive subgrants to eligible local
educational agencies.
[(5) Reallotment.--If a State educational agency
described in paragraph (2) does not apply for an
allotment under this section for any fiscal year, or if
the State educational agency's application is not
approved, the Secretary shall reallot such amount to
the remaining State educational agencies in accordance
with paragraph (3).
[(6) Definition of state.--For purposes of this
subsection, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[(c) Subgrants to Local Educational Agencies.--
[(1) Authorization to make subgrants.--In
accordance with paragraph (2), a State educational
agency that receives a grant under this section shall
make competitive subgrants to eligible local
educational agencies.
[(2) Allocation.--
[(A) Minimum subgrant amount.--In making
subgrants under paragraph (1), a State
educational agency shall allocate to each
eligible local educational agency that receives
such a subgrant, at a minimum, an amount that
bears the same relation to the funds made
available under subsection (b)(4) as the amount
the eligible local educational agency received
under part A for the preceding fiscal year
bears to the amount all the local educational
agencies in the State received under part A for
the preceding fiscal year.
[(B) Priority.--In making subgrants under
paragraph (1), a State educational agency shall
give priority to eligible local educational
agencies in which at least--
[(i) 15 percent of the children
served by the eligible local
educational agency are from families
with incomes below the poverty line; or
[(ii) 6,500 children served by the
eligible local educational agency are
from families with incomes below the
poverty line.
[(3) Notice.--A State educational agency receiving
a grant under this section shall provide notice to all
eligible local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(4) Local application.--To be eligible to receive
a subgrant under this subsection, an eligible local
educational agency shall submit an application to the
State educational agency at such time, in such manner,
and containing such information as the State
educational agency may reasonably require.
[(5) State requirement.--In distributing subgrant
funds to eligible local educational agencies under this
subsection, a State educational agency shall--
[(A) provide funds in sufficient size and
scope to enable the eligible local educational
agencies to improve reading instruction; and
[(B) provide the funds in amounts related
to the number or percentage of students in
kindergarten through grade 3 who are reading
below grade level.
[(6) Limitation to certain schools.--In
distributing subgrant funds under this subsection, an
eligible local educational agency shall provide funds
only to schools that both--
[(A) are among the schools served by that
eligible local educational agency with the
highest percentages or numbers of students in
kindergarten through grade 3 reading below
grade level, based on the most currently
available data; and
[(B)(i) are identified for school
improvement under section 1116(b); or
[(ii) have the highest percentages or
numbers of children counted under section
1124(c).
[(7) Local uses of funds.--
[(A) Required uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection shall
use the funds provided under the subgrant to
carry out the following activities:
[(i) Selecting and administering
screening, diagnostic, and classroom-
based instructional reading
assessments.
[(ii) Selecting and implementing a
learning system or program of reading
instruction based on scientifically
based reading research that--
[(I) includes the essential
components of reading
instruction; and
[(II) provides such
instruction to the children in
kindergarten through grade 3 in
the schools served by the
eligible local educational
agency, including children
who--
[(aa) may have
reading difficulties;
[(bb) are at risk
of being referred to
special education based
on these difficulties;
[(cc) have been
evaluated under section
614 of the Individuals
with Disabilities
Education Act but, in
accordance with section
614(b)(5) of that Act,
have not been
identified as being a
child with a disability
(as defined in section
602 of that Act);
[(dd) are being
served under such Act
primarily due to being
identified as being a
child with a specific
learning disability (as
defined in section 602
of that Act) related to
reading;
[(ee) are deficient
in the essential
components of reading
skills, as listed in
subparagraphs (A)
through (E) of section
1208(3); or
[(ff) are
identified as having
limited English
proficiency.
[(iii) Procuring and implementing
instructional materials, including
education technology such as software
and other digital curricula, that are
based on scientifically based reading
research.
[(iv) Providing professional
development for teachers of
kindergarten through grade 3, and
special education teachers of
kindergarten through grade 12, that--
[(I) will prepare these
teachers in all of the
essential components of reading
instruction;
[(II) shall include--
[(aa) information
on instructional
materials, programs,
strategies, and
approaches based on
scientifically based
reading research,
including early
intervention, classroom
reading materials, and
remedial programs and
approaches; and
[(bb) instruction
in the use of
screening, diagnostic,
and classroom-based
instructional reading
assessments and other
procedures that
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading;
[(III) shall be provided by
eligible professional
development providers; and
[(IV) will assist teachers
in becoming highly qualified in
reading instruction in
accordance with the
requirements of section 1119.
[(v) Collecting and summarizing
data--
[(I) to document the
effectiveness of activities
carried out under this subpart
in individual schools and in
the local educational agency as
a whole; and
[(II) to stimulate and
accelerate improvement by
identifying the schools that
produce significant gains in
reading achievement.
[(vi) Reporting data for all
students and categories of students
described in section
1111(b)(2)(C)(v)(II).
[(vii) Promoting reading and
library programs that provide access to
engaging reading material, including
coordination with programs funded
through grants received under subpart
4, where applicable.
[(B) Additional uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection may
use the funds provided under the subgrant to
carry out the following activities:
[(i) Humanities-based family
literacy programs (which may be
referred to as ``Prime Time Family
Reading Time'') that bond families
around the acts of reading and using
public libraries.
[(ii) Providing training in the
essential components of reading
instruction to a parent or other
individual who volunteers to be a
student's reading tutor, to enable such
parent or individual to support
instructional practices that are based
on scientifically based reading
research and are being used by the
student's teacher.
[(iii) Assisting parents, through
the use of materials and reading
programs, strategies, and approaches
(including family literacy services)
that are based on scientifically based
reading research, to encourage reading
and support their child's reading
development.
[(8) Local planning and administration.--An
eligible local educational agency that receives a
subgrant under this subsection may use not more than
3.5 percent of the funds provided under the subgrant
for planning and administration.
[(d) State Uses of Funds.--
[(1) In general.--A State educational agency that
receives a grant under this section may expend not more
than a total of 20 percent of the grant funds to carry
out the activities described in paragraphs (3), (4),
and (5).
[(2) Priority.--A State educational agency shall
give priority to carrying out the activities described
in paragraphs (3), (4), and (5) for schools described
in subsection (c)(6).
[(3) Professional inservice and preservice
development and review.--A State educational agency may
expend not more than 65 percent of the amount of the
funds made available under paragraph (1)--
[(A) to develop and implement a program of
professional development for teachers,
including special education teachers, of
kindergarten through grade 3 that--
[(i) will prepare these teachers in
all the essential components of reading
instruction;
[(ii) shall include--
[(I) information on
instructional materials,
programs, strategies, and
approaches based on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
[(II) instruction in the
use of screening, diagnostic,
and classroom-based
instructional reading
assessments and other
scientifically based procedures
that effectively identify
students who may be at risk for
reading failure or who are
having difficulty reading; and
[(iii) shall be provided by
eligible professional development
providers;
[(B) to strengthen and enhance preservice
courses for students preparing, at all public
institutions of higher education in the State,
to teach kindergarten through grade 3 by--
[(i) reviewing such courses to
determine whether the courses' content
is consistent with the findings of the
most current scientifically based
reading research, including findings on
the essential components of reading
instruction;
[(ii) following up such reviews
with recommendations to ensure that
such institutions offer courses that
meet the highest standards; and
[(iii) preparing a report on the
results of such reviews, submitting the
report to the reading and literacy
partnership for the State established
under section 1203(d), and making the
report available for public review by
means of the Internet; and
[(C) to make recommendations on how the
State licensure and certification standards in
the area of reading might be improved.
[(4) Technical assistance for local educational
agencies and schools.--A State educational agency may
expend not more than 25 percent of the amount of the
funds made available under paragraph (1) for one or
more of the following:
[(A) Assisting local educational agencies
in accomplishing the tasks required to design
and implement a program under this subpart,
including--
[(i) selecting and implementing a
program or programs of reading
instruction based on scientifically
based reading research;
[(ii) selecting screening,
diagnostic, and classroom-based
instructional reading assessments; and
[(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in clauses (i)
and (ii).
[(B) Providing expanded opportunities to
students in kindergarten through grade 3 who
are served by eligible local educational
agencies for receiving reading assistance from
alternative providers that includes--
[(i) screening, diagnostic, and
classroom-based instructional reading
assessments; and
[(ii) as need is indicated by the
assessments under clause (i),
instruction based on scientifically
based reading research that includes
the essential components of reading
instruction.
[(5) Planning, administration, and reporting.--
[(A) Expenditure of funds.--A State
educational agency may expend not more than 10
percent of the amount of funds made available
under paragraph (1) for the activities
described in this paragraph.
[(B) Planning and administration.--A State
educational agency that receives a grant under
this section may expend funds made available
under subparagraph (A) for planning and
administration relating to the State uses of
funds authorized under this subpart, including
the following:
[(i) Administering the distribution
of competitive subgrants to eligible
local educational agencies under
subsection (c) and section 1204(d).
[(ii) Assessing and evaluating, on
a regular basis, eligible local
educational agency activities assisted
under this subpart, with respect to
whether they have been effective in
increasing the number of children in
grades 1, 2, and 3 served under this
subpart who can read at or above grade
level.
[(C) Annual reporting.--
[(i) In general.--A State
educational agency that receives a
grant under this section shall expend
funds made available under subparagraph
(A) to provide the Secretary annually
with a report on the implementation of
this subpart.
[(ii) Information included.--Each
report under this subparagraph shall
include information on the following:
[(I) Evidence that the
State educational agency is
fulfilling its obligations
under this subpart.
[(II) Specific
identification of those schools
and local educational agencies
that report the largest gains
in reading achievement.
[(III) The progress the
State educational agency and
local educational agencies
within the State are making in
reducing the number of students
served under this subpart in
grades 1, 2, and 3 who are
reading below grade level, as
demonstrated by such
information as teacher reports
and school evaluations of
mastery of the essential
components of reading
instruction.
[(IV) Evidence on whether
the State educational agency
and local educational agencies
within the State have
significantly increased the
number of students reading at
grade level or above,
significantly increased the
percentages of students
described in section
1111(b)(2)(C)(v)(II) who are
reading at grade level or
above, and successfully
implemented this subpart.
[(iii) Privacy protection.--Data in
the report shall be reported in a
manner that protects the privacy of
individuals.
[(iv) Contract.--To the extent
practicable, a State educational agency
shall enter into a contract with an
entity that conducts scientifically
based reading research, under which
contract the entity will assist the
State educational agency in producing
the reports required to be submitted
under this subparagraph.
[(e) Review.--
[(1) Progress report.--
[(A) Submission.--Not later than 60 days
after the termination of the third year of the
grant period, each State educational agency
receiving a grant under this section shall
submit a progress report to the Secretary.
[(B) Information included.--The progress
report shall include information on the
progress the State educational agency and local
educational agencies within the State are
making in reducing the number of students
served under this subpart in grades 1, 2, and 3
who are reading below grade level (as
demonstrated by such information as teacher
reports and school evaluations of mastery of
the essential components of reading
instruction). The report shall also include
evidence from the State educational agency and
local educational agencies within the State
that the State educational agency and the local
educational agencies have significantly
increased the number of students reading at
grade level or above, significantly increased
the percentages of students described in
section 1111(b)(2)(C)(v)(II) who are reading at
grade level or above, and successfully
implemented this subpart.
[(2) Peer review.--The progress report described in
paragraph (1) shall be reviewed by the peer review
panel convened under section 1203(c)(2).
[(3) Consequences of insufficient progress.--After
submission of the progress report described in
paragraph (1), if the Secretary determines that the
State educational agency is not making significant
progress in meeting the purposes of this subpart, the
Secretary may withhold from the State educational
agency, in whole or in part, further payments under
this section in accordance with section 455 of the
General Education Provisions Act or take such other
action authorized by law as the Secretary determines
necessary, including providing technical assistance
upon request of the State educational agency.
[(f) Funds not Used for State Level Activities.--Any
portion of funds described in subsection (d)(1) that a State
educational agency does not expend in accordance with
subsection (d)(1) shall be expended for the purpose of making
subgrants in accordance with subsection (c).
[(g) Supplement, not Supplant.--A State or local
educational agency shall use funds received under this subpart
only to supplement the level of non-Federal funds that, in the
absence of funds under this subpart, would be expended for
activities authorized under this subpart, and not to supplant
those non-Federal funds.
[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.
[(a) Applications.--
[(1) In general.--A State educational agency that
desires to receive a grant under section 1202 shall
submit an application to the Secretary at such time and
in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
[(2) Special application provisions.--For those
State educational agencies that have received a grant
under part C of title II (as such part was in effect on
the day before the date of enactment of the No Child
Left Behind Act of 2001), the Secretary shall establish
a modified set of requirements for an application under
this section that takes into account the information
already submitted and approved under that program and
minimizes the duplication of effort on the part of such
State educational agencies.
[(b) Contents.--An application under this section shall
contain the following:
[(1) An assurance that the Governor of the State,
in consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
[(A) coordinated the development of the
application; and
[(B) will assist in the oversight and
evaluation of the State educational agency's
activities under this subpart.
[(2) A description, if applicable, of the State's
strategy to expand, continue, or modify activities
authorized under part C of title II (as such part was
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001).
[(3) An assurance that the State educational
agency, and any local educational agencies receiving a
subgrant from that State educational agency under
section 1202, will, if requested, participate in the
external evaluation under section 1205.
[(4) A State educational agency plan containing a
description of the following:
[(A) How the State educational agency will
assist local educational agencies in
identifying screening, diagnostic, and
classroom-based instructional reading
assessments.
[(B) How the State educational agency will
assist local educational agencies in
identifying instructional materials, programs,
strategies, and approaches, based on
scientifically based reading research,
including early intervention and reading
remediation materials, programs, and
approaches.
[(C) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided
under section 1202 are--
[(i) coordinated with other
Federal, State, and local level funds,
and used effectively to improve
instructional practices for reading;
and
[(ii) based on scientifically based
reading research.
[(D) How the activities assisted under
section 1202 will address the needs of teachers
and other instructional staff in implementing
the essential components of reading
instruction.
[(E) How subgrants made by the State
educational agency under section 1202 will meet
the requirements of section 1202, including how
the State educational agency will ensure that
eligible local educational agencies receiving
subgrants under section 1202 will use practices
based on scientifically based reading research.
[(F) How the State educational agency will,
to the extent practicable, make grants to
eligible local educational agencies in both
rural and urban areas.
[(G) How the State educational agency will
build on, and promote coordination among
literacy programs in the State (including
federally funded programs such as programs
under the Adult Education and Family Literacy
Act, the Individuals with Disabilities
Education Act, and subpart 2), to increase the
effectiveness of the programs in improving
reading for adults and children and to avoid
duplication of the efforts of the program.
[(H) How the State educational agency will
assess and evaluate, on a regular basis,
eligible local educational agency activities
assisted under section 1202, with respect to
whether the activities have been effective in
achieving the purposes of section 1202.
[(I) Any other information that the
Secretary may reasonably require.
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only if such application meets the requirements
of this section.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) three individuals selected by
the Secretary;
[(ii) three individuals selected by
the National Institute for Literacy;
[(iii) three individuals selected
by the National Research Council of the
National Academy of Sciences; and
[(iv) three individuals selected by
the Eunice Kennedy Shriver National
Institute of Child Health and Human
Development.]
[(A) In general.--The Secretary shall
convene a panel to evaluate applications under
this section. At a minimum, the panel shall
include--
[(i) three individuals selected by
the Secretary;
[(ii) three individuals selected by
the National Research Council of the
National Academy of Sciences; and
[(iii) three individuals selected
by the Eunice Kennedy Shriver National
Institute of Child Health and Human
Development.
[(B) Experts.--The panel shall include--
[(i) experts who are competent, by
virtue of their training, expertise, or
experience, to evaluate applications
under this section;
[(ii) experts who provide
professional development to individuals
who teach reading to children and
adults based on scientifically based
reading research;
[(iii) experts who provide
professional development to other
instructional staff based on
scientifically based reading research;
and
[(iv) an individual who has
expertise in screening, diagnostic, and
classroom-based instructional reading
assessments.
[(C) Recommendations.--The panel shall
recommend grant applications from State
educational agencies under this section to the
Secretary for funding or for disapproval.
[(d) Reading and Literacy Partnerships.--
[(1) In general.--For a State educational agency to
receive a grant under section 1202, the Governor of the
State, in consultation with the State educational
agency, shall establish a reading and literacy
partnership.
[(2) Required participants.--The reading and
literacy partnership shall include the following
participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one eligible local
educational agency.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component, selected jointly by the Governor and
the chief State school officer.
[(G) A parent of a public or private school
student or a parent who educates the parent's
child in the parent's home, selected jointly by
the Governor and the chief State school
officer.
[(H) A teacher, who may be a special
education teacher, who successfully teaches
reading, and another instructional staff
member, selected jointly by the Governor and
the chief State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
State school officer.
[(3) Optional participants.--The reading and
literacy partnership may include additional
participants, who shall be selected jointly by the
Governor and the chief State school officer, and who
may include a representative of--
[(A) an institution of higher education
operating a program of teacher preparation in
the State that is based on scientifically based
reading research;
[(B) a local educational agency;
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(4) Preexisting partnership.--If, before the date
of enactment of the No Child Left Behind Act of 2001, a
State educational agency established a consortium,
partnership, or any other similar body that was
considered a reading and literacy partnership for
purposes of part C of title II of this Act (as such
part was in effect on the day before the date of
enactment of No Child Left Behind Act of 2001), that
consortium, partnership, or body may be considered a
reading and literacy partnership for purposes of this
subsection consistent with the provisions of this
subpart.
[SEC. 1204. TARGETED ASSISTANCE GRANTS.
[(a) Eligibility Criteria for Awarding Targeted Assistance
Grants to States.--Beginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall
make grants, on a competitive basis, to those State educational
agencies that--
[(1) for each of 2 consecutive years, demonstrate
that an increasing percentage of third graders in each
of the groups described in section 1111(b)(2)(C)(v)(II)
in the schools served by the local educational agencies
receiving funds under section 1202 are reaching the
proficient level in reading; and
[(2) for each of the same such consecutive 2 years,
demonstrate that schools receiving funds under section
1202 are improving the reading skills of students in
grades 1, 2, and 3 based on screening, diagnostic, and
classroom-based instructional reading assessments.
[(b) Continuation of Performance Awards.--For any State
educational agency that receives a competitive grant under this
section, the Secretary shall make an award for each of the
succeeding years that the State educational agency demonstrates
it is continuing to meet the criteria described in subsection
(a).
[(c) Distribution of Targeted Assistance Grants.--
[(1) In general.--The Secretary shall make a grant
to each State educational agency with an application
approved under this section in an amount that bears the
same relation to the amount made available to carry out
this section for a fiscal year as the number of
children counted under section 1124(c) for the State
bears to the number of such children so counted for all
States with applications approved for that year.
[(2) Peer review.--The peer review panel convened
under section 1203(c)(2) shall review the applications
submitted under this subsection. The panel shall
recommend such applications to the Secretary for
funding or for disapproval.
[(3) Application contents.--A State educational
agency that desires to receive a grant under this
section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may require. Each such
application shall include the following:
[(A) Evidence that the State educational
agency has carried out its obligations under
section 1203.
[(B) Evidence that the State educational
agency has met the criteria described in
subsection (a).
[(C) The amount of funds requested by the
State educational agency and a description of
the criteria the State educational agency
intends to use in distributing subgrants to
eligible local educational agencies under this
section to continue or expand activities under
subsection (d)(5).
[(D) Evidence that the State educational
agency has increased significantly the
percentage of students reading at grade level
or above.
[(E) Any additional evidence that
demonstrates success in the implementation of
this section.
[(d) Subgrants to Eligible Local Educational Agencies.--
[(1) In general.--The Secretary may make a grant to
a State educational agency under this section only if
the State educational agency agrees to expend 100
percent of the amount of the funds provided under the
grant for the purpose of making competitive subgrants
in accordance with this subsection to eligible local
educational agencies.
[(2) Notice.--A State educational agency receiving
a grant under this section shall provide notice to all
local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(3) Application.--To be eligible to receive a
subgrant under this subsection, an eligible local
educational agency shall submit an application to the
State educational agency at such time, in such manner,
and containing such information as the State
educational agency may reasonably require.
[(4) Distribution.--
[(A) In general.--A State educational
agency shall distribute subgrants under this
section through a competitive process based on
relative need of eligible local educational
agencies and the evidence described in this
paragraph.
[(B) Evidence used in all years.--For all
fiscal years, a State educational agency shall
distribute subgrants under this section based
on evidence that an eligible local educational
agency--
[(i) satisfies the requirements of
section 1202(c)(4);
[(ii) will carry out its
obligations under this subpart;
[(iii) will work with other local
educational agencies in the State that
have not received a subgrant under this
subsection to assist such nonreceiving
agencies in increasing the reading
achievement of students; and
[(iv) is meeting the criteria
described in subsection (a).
[(5) Local uses of funds.--An eligible local
educational agency that receives a subgrant under this
subsection--
[(A) shall use the funds provided under the
subgrant to carry out the activities described
in section 1202(c)(7)(A); and
[(B) may use such funds to carry out the
activities described in section 1202(c)(7)(B).
[SEC. 1205. EXTERNAL EVALUATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(C), the Secretary shall contract with an independent
organization outside of the Department for a 5-year, rigorous,
scientifically valid, quantitative evaluation of this subpart.
[(b) Process.--The evaluation under subsection (a) shall be
conducted by an organization that is capable of designing and
carrying out an independent evaluation that identifies the
effects of specific activities carried out by State educational
agencies and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall take into
account factors influencing student performance that are not
controlled by teachers or education administrators.
[(c) Analysis.--The evaluation under subsection (a) shall
include the following:
[(1) An analysis of the relationship between each
of the essential components of reading instruction and
overall reading proficiency.
[(2) An analysis of whether assessment tools used
by State educational agencies and local educational
agencies measure the essential components of reading.
[(3) An analysis of how State reading standards
correlate with the essential components of reading
instruction.
[(4) An analysis of whether the receipt of a
targeted assistance grant under section 1204 results in
an increase in the number of children who read
proficiently.
[(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
[(6) A measurement of the extent to which specific
screening, diagnostic, and classroom-based
instructional reading assessments assist teachers in
identifying specific reading deficiencies.
[(7) A measurement of the extent to which
professional development programs implemented by State
educational agencies using funds received under this
subpart improve reading instruction.
[(8) A measurement of how well students preparing
to enter the teaching profession are prepared to teach
the essential components of reading instruction.
[(9) An analysis of changes in students' interest
in reading and time spent reading outside of school.
[(10) Any other analysis or measurement pertinent
to this subpart that is determined to be appropriate by
the Secretary.
[(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to State
educational agencies and local educational agencies on a
periodic basis for use in program improvement.
[SEC. 1206. NATIONAL ACTIVITIES.
[From funds reserved under section 1202(b)(1)(C), the
Secretary--
[(1) may provide technical assistance in achieving
the purposes of this subpart to State educational
agencies, local educational agencies, and schools
requesting such assistance;
[(2) shall, at a minimum, evaluate the impact of
services provided to children under this subpart with
respect to their referral to, and eligibility for,
special education services under the Individuals with
Disabilities Education Act (based on their difficulties
learning to read); and
[(3) shall carry out the external evaluation as
described in section 1205.
[SEC. 1207. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(D), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary of
Health and Human Services, and the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development shall--
[(1) disseminate information on scientifically
based reading research pertaining to children, youth,
and adults;
[(2) identify and disseminate information about
schools, local educational agencies, and State
educational agencies that have effectively developed
and implemented classroom reading programs that meet
the requirements of this subpart, including those State
educational agencies, local educational agencies, and
schools that have been identified as effective through
the evaluation and peer review provisions of this
subpart; and
[(3) support the continued identification and
dissemination of information on reading programs that
contain the essential components of reading instruction
as supported by scientifically based reading research,
that can lead to improved reading outcomes for
children, youth, and adults.
[(b) Dissemination and Coordination.--At a minimum, the
National Institute for Literacy shall disseminate the
information described in subsection (a) to--
[(1) recipients of Federal financial assistance
under this title, title III, the Head Start Act, the
Individuals with Disabilities Education Act, and the
Adult Education and Family Literacy Act; and
[(2) each Bureau funded school (as defined in
section 1141 of the Education Amendments of 1978).
[(c) Use of Existing Networks.--In carrying out this
section, the National Institute for Literacy shall, to the
extent practicable, use existing information and dissemination
networks developed and maintained through other public and
private entities including through the Department and the
National Center for Family Literacy.
[(d) National Institute for Literacy.--For purposes of
funds reserved under section 1202(b)(1)(D) to carry out this
section, the National Institute for Literacy shall administer
such funds in accordance with section 242(b) of Public Law 105-
220 (relating to the establishment and administration of the
National Institute for Literacy).
[SEC. 1208. DEFINITIONS.
[In this subpart:
[(1) Eligible local educational agency.--The term
``eligible local educational agency'' means a local
educational agency that--
[(A) is among the local educational
agencies in the State with the highest numbers
or percentages of students in kindergarten
through grade 3 reading below grade level,
based on the most currently available data; and
[(B) has--
[(i) jurisdiction over a geographic
area that includes an area designated
as an empowerment zone, or an
enterprise community, under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986;
[(ii) jurisdiction over a
significant number or percentage of
schools that are identified for school
improvement under section 1116(b); or
[(iii) the highest numbers or
percentages of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State.
[(2) Eligible professional development provider.--
The term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers, including special education
teachers, that is based on scientifically based reading
research.
[(3) Essential components of reading instruction.--
The term ``essential components of reading
instruction'' means explicit and systematic instruction
in--
[(A) phonemic awareness;
[(B) phonics;
[(C) vocabulary development;
[(D) reading fluency, including oral
reading skills; and
[(E) reading comprehension strategies.
[(4) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(5) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar
words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(6) Scientifically based reading research.--The
term ``scientifically based reading research'' means
research that--
[(A) applies rigorous, systematic, and
objective procedures to obtain valid knowledge
relevant to reading development, reading
instruction, and reading difficulties; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data
analyses that are adequate to test the
stated hypotheses and justify the
general conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(7) Screening, diagnostic, and classroom-based
instructional reading assessments.--
[(A) In general.--The term ``screening,
diagnostic, and classroom-based instructional
reading assessments'' means--
[(i) screening reading assessments;
[(ii) diagnostic reading
assessments; and
[(iii) classroom-based
instructional reading assessments.
[(B) Screening reading assessment.--The
term ``screening reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) a brief procedure designed as
a first step in identifying children
who may be at high risk for delayed
development or academic failure and in
need of further diagnosis of their need
for special services or additional
reading instruction.
[(C) Diagnostic reading assessment.--The
term ``diagnostic reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) used for the purpose of--
[(I) identifying a child's
specific areas of strengths and
weaknesses so that the child
has learned to read by the end
of grade 3;
[(II) determining any
difficulties that a child may
have in learning to read and
the potential cause of such
difficulties; and
[(III) helping to determine
possible reading intervention
strategies and related special
needs.
[(D) Classroom-based instructional reading
assessment.--The term ``classroom-based
instructional reading assessment'' means an
assessment that--
[(i) evaluates children's learning
based on systematic observations by
teachers of children performing
academic tasks that are part of their
daily classroom experience; and
[(ii) is used to improve
instruction in reading, including
classroom instruction.
[Subpart 2--Early Reading First]
[SEC. 1221. PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this subpart are as
follows:
[(1) To support local efforts to enhance the early
language, literacy, and prereading development of
preschool age children, particularly those from low-
income families, through strategies and professional
development that are based on scientifically based
reading research.
[(2) To provide preschool age children with
cognitive learning opportunities in high-quality
language and literature-rich environments, so that the
children can attain the fundamental knowledge and
skills necessary for optimal reading development in
kindergarten and beyond.
[(3) To demonstrate language and literacy
activities based on scientifically based reading
research that supports the age-appropriate development
of--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet;
[(B) knowledge of letter sounds, the
blending of sounds, and the use of increasingly
complex vocabulary;
[(C) an understanding that written language
is composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(D) spoken language, including vocabulary
and oral comprehension abilities; and
[(E) knowledge of the purposes and
conventions of print.
[(4) To use screening assessments to effectively
identify preschool age children who may be at risk for
reading failure.
[(5) To integrate such scientific reading research-
based instructional materials and literacy activities
with existing programs of preschools, child care
agencies and programs, Head Start centers, and family
literacy services.
[(b) Definitions.--For purposes of this subpart:
[(1) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) one or more local educational agencies
that are eligible to receive a subgrant under
subpart 1;
[(B) one or more public or private
organizations or agencies, acting on behalf of
one or more programs that serve preschool age
children (such as a program at a Head Start
center, a child care program, or a family
literacy program), which organizations or
agencies shall be located in a community served
by a local educational agency described in
subparagraph (A); or
[(C) one or more local educational agencies
described in subparagraph (A) in collaboration
with one or more organizations or agencies
described in subparagraph (B).
[(2) Scientifically based reading research.--The
term ``scientifically based reading research'' has the
same meaning given to that term in section 1208.
[(3) Screening reading assessment.--The term
``screening reading assessment'' has the same meaning
given to that term in section 1208.
[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
[(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a
competitive basis, for periods of not more than 6 years, to
eligible applicants to enable the eligible applicants to carry
out the authorized activities described in subsection (d).
[(b) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary, which shall include a description of--
[(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the preschool age children enrolled in
the programs;
[(2) how the proposed project will enhance the
school readiness of preschool age children in high-
quality oral language and literature-rich environments;
[(3) how the proposed project will prepare and
provide ongoing assistance to staff in the programs,
through professional development and other support, to
provide high-quality language, literacy, and prereading
activities using scientifically based reading research,
for preschool age children;
[(4) how the proposed project will provide services
and use instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
[(5) how the proposed project will help staff in
the programs to meet more effectively the diverse needs
of preschool age children in the community, including
such children with limited English proficiency,
disabilities, or other special needs;
[(6) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
[(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
[(8) if the eligible applicant has received a
subgrant under subpart 1, how the activities conducted
under this subpart will be coordinated with the
eligible applicant's activities under subpart 1 at the
kindergarten through grade 3 level;
[(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language, literacy, and
prereading development of preschool age children served
by the project; and
[(10) such other information as the Secretary may
require.
[(c) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of a peer
review panel convened under section 1203(c)(2), that includes,
at a minimum, three individuals, selected from the entities
described in clauses (ii), (iii), and (iv) of section
1203(c)(2)(A), who are experts in early reading development and
early childhood development.
[(d) Authorized Activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
[(1) Providing preschool age children with high-
quality oral language and literature-rich environments
in which to acquire language and prereading skills.
[(2) Providing professional development that is
based on scientifically based reading research
knowledge of early language and reading development for
the staff of the eligible applicant and that will
assist in developing the preschool age children's--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet,
knowledge of letters, sounds, blending of
letter sounds, and increasingly complex
vocabulary;
[(B) understanding that written language is
composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(C) spoken language, including vocabulary
and oral comprehension abilities; and
[(D) knowledge of the purposes and
conventions of print.
[(3) Identifying and providing activities and
instructional materials that are based on
scientifically based reading research for use in
developing the skills and abilities described in
paragraph (2).
[(4) Acquiring, providing training for, and
implementing screening reading assessments or other
appropriate measures that are based on scientifically
based reading research to determine whether preschool
age children are developing the skills described in
this subsection.
[(5) Integrating such instructional materials,
activities, tools, and measures into the programs
offered by the eligible applicant.
[(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
[SEC. 1223. FEDERAL ADMINISTRATION.
[The Secretary shall consult with the Secretary of Health
and Human Services to coordinate the activities under this
subpart with preschool age programs administered by the
Department of Health and Human Services.
[SEC. 1224. INFORMATION DISSEMINATION.
[From the funds the National Institute for Literacy
receives under section 1202(b)(1)(D), the National Institute
for Literacy, in consultation with the Secretary, shall
disseminate information regarding projects assisted under this
subpart that have proven effective.
[SEC. 1225. REPORTING REQUIREMENTS.
[Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart. Such report shall include, at a minimum, a
description of--
[(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
[(2) the types of programs funded under the grant
and the ages of children served by such programs;
[(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
[(4) the results of the evaluation described in
section 1222(b)(9).
[SEC. 1226. EVALUATION.
[(a) In General.--From the total amount made available
under section 1002(b)(2) for the period beginning October 1,
2002, and ending September 30, 2006, the Secretary shall
reserve not more than $3,000,000 to conduct an independent
evaluation of the effectiveness of this subpart.
[(b) Reports.--
[(1) Interim report.--Not later than October 1,
2004, the Secretary shall submit an interim report to
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
[(2) Final report.--Not later than September 30,
2006, the Secretary shall submit a final report to the
committees described in paragraph (1).
[(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
[(1) How the grant recipients under this subpart
are improving the prereading skills of preschool
children.
[(2) The effectiveness of the professional
development program assisted under this subpart.
[(3) How early childhood teachers are being
prepared with scientifically based reading research on
early reading development.
[(4) What activities and instructional practices
are most effective.
[(5) How prereading instructional materials and
literacy activities based on scientifically based
reading research are being integrated into preschools,
child care agencies and programs, programs carried out
under the Head Start Act, and family literacy programs.
[(6) Any recommendations on strengthening or
modifying this subpart.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs]
[SEC. 1231. STATEMENT OF PURPOSE.
[It is the purpose of this subpart to help break the cycle
of poverty and illiteracy by--
[(1) improving the educational opportunities of the
Nation's low-income families by integrating early
childhood education, adult literacy or adult basic
education, and parenting education into a unified
family literacy program, to be referred to as ``Even
Start''; and
[(2) establishing a program that shall--
[(A) be implemented through cooperative
projects that build on high-quality existing
community resources to create a new range of
services;
[(B) promote the academic achievement of
children and adults;
[(C) assist children and adults from low-
income families to achieve to challenging State
content standards and challenging State student
achievement standards; and
[(D) use instructional programs based on
scientifically based reading research and
addressing the prevention of reading
difficulties for children and adults, to the
extent such research is available.
[SEC. 1232. PROGRAM AUTHORIZED.
[(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
[(1) In general.--For each fiscal year, the
Secretary shall reserve 5 percent of the amount
appropriated under section 1002(b)(3) (or, if such
appropriated amount exceeds $200,000,000, 6 percent of
such amount) for programs, under such terms and
conditions as the Secretary shall establish, that are
consistent with the purpose of this subpart, and
according to their relative needs, for--
[(A) children of migratory workers;
[(B) the outlying areas; and
[(C) Indian tribes and tribal
organizations.
[(2) Special rule.--After December 21, 2000, the
Secretary shall award a grant, on a competitive basis,
of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and
their preschool age children and that has the
capability of developing a program of high quality.
[(3) Coordination of programs for american
indians.--The Secretary shall ensure that programs
under paragraph (1)(C) are coordinated with family
literacy programs operated by the Bureau of Indian
Affairs in order to avoid duplication and to encourage
the dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--
[(1) Evaluation, technical assistance, program
improvement, and replication activities.--Subject to
paragraph (2), from amounts appropriated under section
1002(b)(3), the Secretary may reserve not more than 3
percent of such amounts for purposes of--
[(A) carrying out the evaluation required
by section 1239; and
[(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
[(2) Research.--In any fiscal year, if the amount
appropriated under section 1002(b)(3) for such year--
[(A) is equal to or less than the amount
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multi-year
activities carried out pursuant to section
1241(b) that began during or prior to the
fiscal year preceding the fiscal year for which
the determination is made; or
[(B) exceeds the amount appropriated for
the preceding fiscal year, then the Secretary
shall reserve from such excess amount
$2,000,000 or 50 percent, whichever is less, to
carry out section 1241(b).
[(c) Reservation for Grants.--
[(1) Grants authorized.--
[(A) In general.--For any fiscal year for
which at least one State educational agency
applies and submits an application that meets
the requirements and goals of this subsection
and for which the amount appropriated under
section 1002(b)(3) exceeds the amount
appropriated under that section for the
preceding fiscal year, the Secretary shall
reserve, from the amount of the excess
remaining after the application of subsection
(b)(2), the amount of the remainder or
$1,000,000, whichever is less, to award grants,
on a competitive basis, to State educational
agencies to enable them to plan and implement
statewide family literacy initiatives to
coordinate and, where appropriate, integrate
existing Federal, State, and local literacy
resources consistent with the purposes of this
subpart.
[(B) Coordination and integration.--The
coordination and integration described in
subparagraph (A) shall include coordination and
integration of funds available under the Adult
Education and Family Literacy Act, the Head
Start Act, this subpart, part A of this title,
and part A of title IV of the Social Security
Act.
[(C) Restriction.--No State educational
agency may receive more than one grant under
this subsection.
[(2) Consortia.--
[(A) Establishment.--To receive a grant
under this subsection, a State educational
agency shall establish a consortium of State-
level programs under the following provisions
of laws:
[(i) This title (other than part
D).
[(ii) The Head Start Act.
[(iii) The Adult Education and
Family Literacy Act.
[(iv) All other State-funded
preschool programs and programs
providing literacy services to adults.
[(B) Plan.--To receive a grant under this
subsection, the consortium established by a
State educational agency shall create a plan to
use a portion of the State educational agency's
resources, derived from the programs referred
to in subparagraph (A), to strengthen and
expand family literacy services in the State.
[(C) Coordination with subpart 1.--The
consortium shall coordinate its activities
under this paragraph with the activities of the
reading and literacy partnership for the State
educational agency established under section
1203(d), if the State educational agency
receives a grant under section 1202.
[(3) Reading instruction.--Statewide family
literacy initiatives implemented under this subsection
shall base reading instruction on scientifically based
reading research.
[(4) Technical assistance.--The Secretary shall
provide, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to State educational agencies
receiving a grant under this subsection.
[(5) Matching requirement.--The Secretary shall not
make a grant to a State educational agency under this
subsection unless the State educational agency agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for
which the grant was awarded, the State educational
agency will make available non-Federal contributions in
an amount equal to not less than the Federal funds
provided under the grant.
[(d) State Educational Agency Allocation.--
[(1) In general.--From amounts appropriated under
section 1002(b)(3) and not reserved under subsection
(a), (b), or (c), the Secretary shall make grants to
State educational agencies from allocations under
paragraph (2).
[(2) Allocations.--Except as provided in paragraph
(3), from the total amount available under paragraph
(1) for allocation to State educational agencies in any
fiscal year, each State educational agency shall be
eligible to receive a grant under paragraph (1) in an
amount that bears the same ratio to the total amount as
the amount allocated under part A to that State
educational agency bears to the total amount allocated
under that part to all State educational agencies.
[(3) Minimum.--No State educational agency shall
receive a grant under paragraph (1) in any fiscal year
in an amount that is less than $250,000, or one-half of
1 percent of the amount appropriated under section
1002(b)(3) and not reserved under subsections (a), (b),
and (c) for such year, whichever is greater.
[(e) Definitions.--For the purpose of this subpart--
[(1) the term ``eligible entity'' means a
partnership composed of--
[(A) a local educational agency; and
[(B) a nonprofit community-based
organization, a public agency other than a
local educational agency, an institution of
higher education, or a public or private
nonprofit organization other than a local
educational agency, of demonstrated quality;
[(2) the term ``eligible organization'' means any
public or private nonprofit organization with a record
of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
[(3) the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given those terms in
section 4 of the Indian Self-Determination and
Education Assistance Act;
[(4) the term ``scientifically based reading
research'' has the meaning given that term in section
1208; and
[(5) the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.
[(a) State Educational Agency Level Activities.--Each State
educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of--
[(1) administration, which amount shall not exceed
half of the total;
[(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
[(3) carrying out sections 1240 and 1234(c).
[(b) Subgrants for Local Programs.--
[(1) In general.--Each State educational agency
shall use the grant funds received under section
1232(d)(1) and not reserved under subsection (a) to
award subgrants to eligible entities to carry out Even
Start programs.
[(2) Minimum subgrant amounts.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), no State educational
agency shall award a subgrant under paragraph
(1) in an amount less than $75,000.
[(B) Subgrantees in ninth and succeeding
years.--No State educational agency shall award
a subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program
that is receiving assistance under this subpart
or its predecessor authority for the ninth (or
any subsequent) fiscal year.
[(C) Exception for single subgrant.--A
State educational agency may award one subgrant
in each fiscal year of sufficient size, scope,
and quality to be effective in an amount less
than $75,000 if, after awarding subgrants under
paragraph (1) for that fiscal year in
accordance with subparagraphs (A) and (B), less
than $75,000 is available to the State
educational agency to award those subgrants.
[SEC. 1234. USES OF FUNDS.
[(a) In General.--In carrying out an Even Start program
under this subpart, a recipient of funds under this subpart
shall use those funds to pay the Federal share of the cost of
providing intensive family literacy services that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in the
education of their children and to assist children in reaching
their full potential as learners.
[(b) Federal Share Limitation.--
[(1) In general.--
[(A) Federal share.--Except as provided in
paragraph (2), the Federal share under this
subpart may not exceed--
[(i) 90 percent of the total cost
of the program in the first year that
the program receives assistance under
this subpart or its predecessor
authority;
[(ii) 80 percent in the second
year;
[(iii) 70 percent in the third
year;
[(iv) 60 percent in the fourth
year;
[(v) 50 percent in the fifth,
sixth, seventh, and eighth such years;
and
[(vi) 35 percent in any subsequent
year.
[(B) Remaining cost.--The remaining cost of
a program assisted under this subpart may be
provided in cash or in kind, fairly evaluated,
and may be obtained from any source, including
other Federal funds under this Act.
[(2) Waiver.--The State educational agency may
waive, in whole or in part, the Federal share described
in paragraph (1) for an eligible entity if the entity--
[(A) demonstrates that it otherwise would
not be able to participate in the program
assisted under this subpart; and
[(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
[(3) Prohibition.--Federal funds provided under
this subpart may not be used for the indirect costs of
a program assisted under this subpart, except that the
Secretary may waive this paragraph if an eligible
recipient of funds reserved under section 1232(a)(1)(C)
demonstrates to the Secretary's satisfaction that the
recipient otherwise would not be able to participate in
the program assisted under this subpart.
[(c) Use of Funds for Family Literacy Services.--
[(1) In general.--A State educational agency may
use a portion of funds reserved under section 1233(a),
to assist eligible entities receiving a subgrant under
section 1233(b) in improving the quality of family
literacy services provided under Even Start programs
under this subpart, except that in no case may a State
educational agency's use of funds for this purpose for
a fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
[(2) Priority.--In carrying out paragraph (1), a
State educational agency shall give priority to
programs that were of low quality, as evaluated based
on the indicators of program quality developed by the
State educational agency under section 1240.
[(3) Technical assistance to help local programs
raise additional funds.--In carrying out paragraph (1),
a State educational agency may use the funds referred
to in that paragraph to provide technical assistance to
help local programs of demonstrated effectiveness to
access and leverage additional funds for the purpose of
expanding services and reducing waiting lists,
including requesting and applying for non-Federal
resources.
[(4) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State
educational agency through a grant, contract, or
cooperative agreement with an entity that has
experience in offering high-quality training and
technical assistance to family literacy providers.
[SEC. 1235. PROGRAM ELEMENTS.
[Each program assisted under this subpart shall--
[(1) include the identification and recruitment of
families most in need of services provided under this
subpart, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-
related indicators;
[(2) include screening and preparation of parents,
including teenage parents, and children to enable those
parents and children to participate fully in the
activities and services provided under this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
[(3) be designed to accommodate the participants'
work schedule and other responsibilities, including the
provision of support services, when those services are
unavailable from other sources, necessary for
participation in the activities assisted under this
subpart, such as--
[(A) scheduling and locating of services to
allow joint participation by parents and
children;
[(B) child care for the period that parents
are involved in the program provided under this
subpart; and
[(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
subpart;
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;
[(5) with respect to the qualifications of staff
the cost of whose salaries are paid, in whole or in
part, with Federal funds provided under this subpart,
ensure that--
[(A) not later than December 21, 2004--
[(i) a majority of the individuals
providing academic instruction--
[(I) shall have obtained an
associate's, bachelor's, or
graduate degree in a field
related to early childhood
education, elementary school or
secondary school education, or
adult education; and
[(II) if applicable, shall
meet qualifications established
by the State for early
childhood education, elementary
school or secondary school
education, or adult education
provided as part of an Even
Start program or another family
literacy program;
[(ii) the individual responsible
for administration of family literacy
services under this subpart has
received training in the operation of a
family literacy program; and
[(iii) paraprofessionals who
provide support for academic
instruction have a secondary school
diploma or its recognized equivalent;
and
[(B) all new personnel hired to provide
academic instruction--
[(i) have obtained an associate's,
bachelor's, or graduate degree in a
field related to early childhood
education, elementary school or
secondary school education, or adult
education; and
[(ii) if applicable, meet
qualifications established by the State
for early childhood education,
elementary school or secondary school
education, or adult education provided
as part of an Even Start program or
another family literacy program;
[(6) include special training of staff, including
child-care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this subpart;
[(7) provide and monitor integrated instructional
services to participating parents and children through
home-based programs;
[(8) operate on a year-round basis, including the
provision of some program services, including
instructional and enrichment services, during the
summer months;
[(9) be coordinated with--
[(A) other programs assisted under this
Act;
[(B) any relevant programs under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and title I of the Workforce Investment Act of
1998; and
[(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
[(10) use instructional programs based on
scientifically based reading research for children and
adults, to the extent that research is available;
[(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
[(12) include reading-readiness activities for
preschool children based on scientifically based
reading research, to the extent available, to ensure
that children enter school ready to learn to read;
[(13) if applicable, promote the continuity of
family literacy to ensure that individuals retain and
improve their educational outcomes;
[(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this subpart; and
[(15) provide for an independent evaluation of the
program, to be used for program improvement.
[SEC. 1236. ELIGIBLE PARTICIPANTS.
[(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
[(1) a parent or parents--
[(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
[(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this subpart, or who are
attending secondary school; and
[(2) the child or children, from birth through age
7, of any individual described in paragraph (1).
[(b) Eligibility for Certain Other Participants.--
[(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this subpart, when appropriate to serve the purpose of
this subpart.
[(2) Special rule.--Any family participating in a
program assisted under this subpart that becomes
ineligible to participate as a result of one or more
members of the family becoming ineligible to
participate may continue to participate in the program
until all members of the family become ineligible to
participate, which--
[(A) in the case of a family in which
ineligibility was due to the child or children
of the family attaining the age of 8, shall be
in 2 years or when the parent or parents become
ineligible due to educational advancement,
whichever occurs first; and
[(B) in the case of a family in which
ineligibility was due to the educational
advancement of the parent or parents of the
family, shall be when all children in the
family attain the age of 8.
[(3) Children 8 years of age or older.--If an Even
Start program assisted under this subpart collaborates
with a program under part A, and funds received under
the part A program contribute to paying the cost of
providing programs under this subpart to children 8
years of age or older, the Even Start program may,
notwithstanding subsection (a)(2), permit the
participation of children 8 years of age or older if
the focus of the program continues to remain on
families with young children.
[SEC. 1237. APPLICATIONS.
[(a) Submission.--To be eligible to receive a subgrant
under this subpart, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
[(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
[(1) to develop, administer, and implement an Even
Start program under this subpart; and
[(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
[(c) Plan.--
[(1) In general.--The application shall also
include a plan of operation and continuous improvement
for the program, that includes--
[(A) a description of the program
objectives, strategies to meet those
objectives, and how those strategies and
objectives are consistent with the program
indicators established by the State;
[(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section 1235;
[(C) a description of the population to be
served and an estimate of the number of
participants to be served;
[(D) as appropriate, a description of the
applicant's collaborative efforts with
institutions of higher education, community-
based organizations, the State educational
agency, private elementary schools, or other
eligible organizations in carrying out the
program for which assistance is sought;
[(E) a statement of the methods that will
be used--
[(i) to ensure that the programs
will serve families most in need of the
activities and services provided by
this subpart;
[(ii) to provide services under
this subpart to individuals with
special needs, such as individuals with
limited English proficiency and
individuals with disabilities; and
[(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
[(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate; and
[(G) a description of how the plan provides
for rigorous and objective evaluation of
progress toward the program objectives
described in subparagraph (A) and for
continuing use of evaluation data for program
improvement.
[(2) Duration of the plan.--Each plan submitted
under paragraph (1) shall--
[(A) remain in effect for the duration of
the eligible entity's participation under this
subpart; and
[(B) be periodically reviewed and revised
by the eligible entity as necessary.
[(d) Consolidated Application.--The plan described in
subsection (c)(1) may be submitted as part of a consolidated
application under section 9305.
[SEC. 1238. AWARD OF SUBGRANTS.
[(a) Selection Process.--
[(1) In general.--The State educational agency
shall establish a review panel in accordance with
paragraph (3) that will approve applications that--
[(A) are most likely to be successful in--
[(i) meeting the purpose of this
subpart; and
[(ii) effectively implementing the
program elements required under section
1235;
[(B) demonstrate that the area to be served
by the program has a high percentage or a large
number of children and families who are in need
of those services as indicated by high levels
of poverty, illiteracy, unemployment, limited
English proficiency, or other need-related
indicators, such as a high percentage of
children to be served by the program who reside
in a school attendance area served by a local
educational agency eligible for participation
in programs under part A, a high number or
percentage of parents who have been victims of
domestic violence, or a high number or
percentage of parents who are receiving
assistance under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
[(C) provide services for at least a 3-year
age range, which may begin at birth;
[(D) demonstrate the greatest possible
cooperation and coordination between a variety
of relevant service providers in all phases of
the program;
[(E) include cost-effective budgets, given
the scope of the application;
[(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section 1234(b);
[(G) are representative of urban and rural
regions of the State; and
[(H) show the greatest promise for
providing models that may be adopted by other
family literacy projects and other local
educational agencies.
[(2) Priority for subgrants.--The State educational
agency shall give priority for subgrants under this
subsection to applications that--
[(A) target services primarily to families
described in paragraph (1)(B); or
[(B) are located in areas designated as
empowerment zones or enterprise communities.
[(3) Review panel.--A review panel shall consist of
at least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs,
and may include other individuals, such as one or more
of the following:
[(A) A representative of a parent-child
education organization.
[(B) A representative of a community-based
literacy organization.
[(C) A member of a local board of
education.
[(D) A representative of business and
industry with a commitment to education.
[(E) An individual who has been involved in
the implementation of programs under this title
in the State.
[(b) Duration.--
[(1) In general.--Subgrants under this subpart may
be awarded for a period not to exceed 4 years.
[(2) Startup period.--The State educational agency
may provide subgrant funds to an eligible recipient, at
the recipient's request, for a 3- to 6-month start-up
period during the first year of the 4-year grant
period, which may include staff recruitment and
training, and the coordination of services, before
requiring full implementation of the program.
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this subpart after
the first year, the State educational agency shall
review the progress of each eligible entity in meeting
the objectives of the program referred to in section
1237(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1240.
[(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds to an
eligible entity if the agency finds that the eligible
entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of
program quality developed by the State under section
1240, after--
[(A) providing technical assistance to the
eligible entity; and
[(B) affording the eligible entity notice
and an opportunity for a hearing.
[(5) Grant renewal.--(A) An eligible entity that
has previously received a subgrant under this subpart
may reapply under this subpart for additional
subgrants.
[(B) The Federal share of any subgrant renewed
under subparagraph (A) shall be limited in accordance
with section 1234(b).
[SEC. 1239. EVALUATION.
[From funds reserved under section 1232(b)(1), the
Secretary shall provide for an independent evaluation of
programs assisted under this subpart--
[(1) to determine the performance and effectiveness
of programs assisted under this subpart;
[(2) to identify effective Even Start programs
assisted under this subpart that can be duplicated and
used in providing technical assistance to Federal,
State, and local programs; and
[(3) to provide State educational agencies and
eligible entities receiving a subgrant under this
subpart, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate
information on the effectiveness of programs assisted
under this subpart.
[SEC. 1240. INDICATORS OF PROGRAM QUALITY.
[Each State educational agency receiving funds under this
subpart shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under this subpart. The indicators shall be used to
monitor, evaluate, and improve those programs within the State.
The indicators shall include the following:
[(1) With respect to eligible participants in a
program who are adults--
[(A) achievement in the areas of reading,
writing, English-language acquisition, problem
solving, and numeracy;
[(B) receipt of a secondary school diploma
or a general equivalency diploma (GED);
[(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
[(D) such other indicators as the State may
develop.
[(2) With respect to eligible participants in a
program who are children--
[(A) improvement in ability to read on
grade level or reading readiness;
[(B) school attendance;
[(C) grade retention and promotion; and
[(D) such other indicators as the State may
develop.
[SEC. 1241. RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components of successful
family literacy services, in order to--
[(1) improve the quality of existing programs
assisted under this subpart or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Scientifically Based Research on Family Literacy.--
[(1) In general.--From amounts reserved under
section 1232(b)(2), the National Institute for
Literacy, in consultation with the Secretary, shall
carry out research that--
[(A) is scientifically based reading
research; and
[(B) determines--
[(i) the most effective ways of
improving the literacy skills of adults
with reading difficulties; and
[(ii) how family literacy services
can best provide parents with the
knowledge and skills the parents need
to support their children's literacy
development.
[(2) Use of expert entity.--The National Institute
for Literacy, in consultation with the Secretary, shall
carry out the research under paragraph (1) through an
entity, including a Federal agency, that has expertise
in carrying out longitudinal studies of the development
of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.
[(c) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 1207, the results of the
research described in subsections (a) and (b) to State
educational agencies and recipients of subgrants under this
subpart.
[SEC. 1242. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 4--Improving Literacy Through School Libraries]
[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
[(a) Purposes.--The purpose of this subpart is to improve
literacy skills and academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists.
[(b) Reservation.--From the funds appropriated under
section 1002(b)(4) for a fiscal year, the Secretary shall
reserve--
[(1) one-half of 1 percent to award assistance
under this section to the Bureau of Indian Affairs to
carry out activities consistent with the purpose of
this subpart; and
[(2) one-half of 1 percent to award assistance
under this section to the outlying areas according to
their respective needs for assistance under this
subpart.
[(c) Grants.--
[(1) Competitive grants to eligible local
educational agencies.--If the amount of funds
appropriated under section 1002(b)(4) for a fiscal year
is less than $100,000,000, then the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies under subsection (e).
[(2) Formula grants to states.--If the amount of
funds appropriated under section 1002(b)(4) for a
fiscal year equals or exceeds $100,000,000, then the
Secretary shall award grants to State educational
agencies from allotments under subsection (d).
[(3) Definition of eligible local educational
agency.--In this section the term ``eligible local
educational agency'' means--
[(A) in the case of a local educational
agency receiving assistance made available
under paragraph (1), a local educational agency
in which 20 percent of the students served by
the local educational agency are from families
with incomes below the poverty line; and
[(B) in the case of a local educational
agency receiving assistance from State
allocations made available under paragraph (2),
a local educational agency in which--
[(i) 15 percent of the students who
are served by the local educational
agency are from such families; or
[(ii) the percentage of students
from such families who are served by
the local educational agency is greater
than the statewide percentage of
children from such families.
[(d) State Grants.--
[(1) Allotments.--From funds made available under
subsection (c)(2) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
allot to each State educational agency having an
application approved under subsection (f)(1) an amount
that bears the same relation to the funds as the amount
the State educational agency received under part A for
the preceding fiscal year bears to the amount all such
State educational agencies received under part A for
the preceding fiscal year, to increase literacy and
reading skills by improving school libraries.
[(2) Competitive grants to eligible local
educational agencies.--Each State educational agency
receiving an allotment under paragraph (1) for a fiscal
year--
[(A) may reserve not more than 3 percent of
the allotted funds to provide technical
assistance, disseminate information about
school library media programs that are
effective and based on scientifically based
research, and pay administrative costs related
to activities under this section; and
[(B) shall use the allotted funds that
remain after making the reservation under
subparagraph (A) to award grants, for a period
of 1 year, on a competitive basis, to eligible
local educational agencies in the State that
have an application approved under subsection
(f)(2) for activities described in subsection
(g).
[(3) Reallotment.--If a State educational agency
does not apply for an allotment under this section for
any fiscal year, or if the State educational agency's
application is not approved, the Secretary shall
reallot the amount of the State educational agency's
allotment to the remaining State educational agencies
in accordance with paragraph (1).
[(e) Direct Competitive Grants to Eligible Local
Educational Agencies.--
[(1) In general.--From amounts made available under
subsection (c)(1) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies that have applications approved
under subsection (f)(2) for activities described in
subsection (g).
[(2) Duration.--The Secretary shall award grants
under this subsection for a period of 1 year.
[(3) Distribution.--The Secretary shall ensure that
grants under this subsection are equitably distributed
among the different geographic regions of the United
States, and among local educational agencies serving
urban and rural areas.
[(f) Applications.--
[(1) State educational agency.--Each State
educational agency desiring assistance under this
section shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary shall require. The
application shall contain a description of--
[(A) how the State educational agency will
assist eligible local educational agencies in
meeting the requirements of this section and in
using scientifically based research to
implement effective school library media
programs; and
[(B) the standards and techniques the State
educational agency will use to evaluate the
quality and impact of activities carried out
under this section by eligible local
educational agencies to determine the need for
technical assistance and whether to continue to
provide additional funding to the agencies
under this section.
[(2) Eligible local educational agency.--Each
eligible local educational agency desiring assistance
under this section shall submit to the Secretary or
State educational agency, as appropriate, an
application at such time, in such manner, and
containing such information as the Secretary or State
educational agency, respectively, shall require. The
application shall contain a description of--
[(A) a needs assessment relating to the
need for school library media improvement,
based on the age and condition of school
library media resources, including book
collections, access of school library media
centers to advanced technology, and the
availability of well-trained, professionally
certified school library media specialists, in
schools served by the eligible local
educational agency;
[(B) the manner in which the eligible local
educational agency will use the funds made
available through the grant to carry out the
activities described in subsection (g);
[(C) how the eligible local educational
agency will extensively involve school library
media specialists, teachers, administrators,
and parents in the activities assisted under
this section, and the manner in which the
eligible local educational agency will carry
out the activities described in subsection (g)
using programs and materials that are grounded
in scientifically based research;
[(D) the manner in which the eligible local
educational agency will effectively coordinate
the funds and activities provided under this
section with Federal, State, and local funds
and activities under this subpart and other
literacy, library, technology, and professional
development funds and activities; and
[(E) the manner in which the eligible local
educational agency will collect and analyze
data on the quality and impact of activities
carried out under this section by schools
served by the eligible local educational
agency.
[(g) Local Activities.--Funds under this section may be
used to--
[(1) acquire up-to-date school library media
resources, including books;
[(2) acquire and use advanced technology,
incorporated into the curricula of the school, to
develop and enhance the information literacy,
information retrieval, and critical thinking skills of
students;
[(3) facilitate Internet links and other resource-
sharing networks among schools and school library media
centers, and public and academic libraries, where
possible;
[(4) provide professional development described in
section 1222(d)(2) for school library media
specialists, and activities that foster increased
collaboration between school library media specialists,
teachers, and administrators; and
[(5) provide students with access to school
libraries during nonschool hours, including the hours
before and after school, during weekends, and during
summer vacation periods.
[(h) Accountability and Reporting.--
[(1) Local reports.--Each eligible local
educational agency that receives funds under this
section for a fiscal year shall report to the Secretary
or State educational agency, as appropriate, on how the
funding was used and the extent to which the
availability of, the access to, and the use of, up-to-
date school library media resources in the elementary
schools and secondary schools served by the eligible
local educational agency was increased.
[(2) State report.--Each State educational agency
that receives funds under this section shall compile
the reports received under paragraph (1) and submit the
compiled reports to the Secretary.
[(i) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
[(j) National Activities.--
[(1) Evaluations.--From the funds appropriated
under section 1002(b)(4) for each fiscal year, the
Secretary shall reserve not more than 1 percent for
annual, independent, national evaluations of the
activities assisted under this section and their impact
on improving the reading skills of students. The
evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind
Act of 2001, and biennially thereafter.
[(2) Report to congress.--The Secretary shall
transmit the State reports received under subsection
(h)(2) and the evaluations conducted under paragraph
(1) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.]
PART B--ACADEMIC ASSESSMENTS
SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
From amounts made available in accordance with section
1204, the Secretary shall make grants to States to enable the
States to carry out 1 or more of the following:
(1) To pay the costs of the development of the
State assessments and standards adopted under section
1111(b), which may include the costs of working in
voluntary partnerships with other States, at the sole
discretion of each such State.
(2) If a State has developed the assessments
adopted under section 1111(b), to administer those
assessments or to carry out other assessment activities
described in this part, such as the following:
(A) Expanding the range of appropriate
accommodations available to children who are
English learners and children with disabilities
to improve the rates of inclusion in regular
assessments of such children, including
professional development activities to improve
the implementation of such accommodations in
instructional practice.
(B) Developing challenging State academic
standards and aligned assessments in academic
subjects for which standards and assessments
are not required under section 1111(b).
(C) Developing or improving assessments of
English language proficiency necessary to
comply with section 1111(b)(2)(G).
(D) Ensuring the continued validity and
reliability of State assessments.
(E) Refining State assessments to ensure
their continued alignment with the challenging
State academic standards and to improve the
alignment of curricula and instructional
materials.
(F) Developing or improving the quality,
validity, and reliability of assessments for
children who are English learners, including
alternative assessments aligned with the
challenging State academic standards, testing
accommodations for children who are English
learners, and assessments of English language
proficiency.
(G) Developing or improving balanced
assessment systems that include summative,
interim, and formative assessments, including
supporting local educational agencies in
developing or improving such assessments.
SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.
(a) Grant Program Authorized.--From amounts made available
in accordance with section 1204, the Secretary shall award, on
a competitive basis, grants to State educational agencies that
have submitted applications at such time, in such manner, and
containing such information as the Secretary may reasonably
require, which demonstrate, to the satisfaction of the
Secretary, that the requirements of this section will be met,
for one of more of the following:
(1) Allowing for collaboration with institutions of
higher education, other research institutions, or other
organizations to improve the quality, validity, and
reliability of State academic assessments beyond the
requirements for such assessments described in section
1111(b)(2).
(2) Developing or improving assessments for
students who are children with disabilities, including
using the principles of universal design for learning,
which may include developing assessments aligned to
alternate academic achievement standards for students
with the most significant cognitive disabilities
described in section 1111(b)(2)(D).
(3) Measuring student progress or academic growth
over time, including by using multiple measures.
(4) Evaluating student academic achievement through
the development of comprehensive academic assessment
instruments, such as performance and technology-based
academic assessments that emphasize the mastery of
standards and aligned competencies in a competency-
based education model, technology-based academic
assessments, computer adaptive assessments, and
portfolios, projects, or extended performance task
assessments.
(b) Annual Report.--Each State educational agency receiving
a grant under this section shall submit an annual report to the
Secretary describing its activities under the grant and the
result of such activities.
(c) Prohibition.--No funds provided under this section to
the Secretary shall be used to mandate, direct, control,
incentivize, or make financial awards conditioned upon States
(or a consortia of States) developing any assessment common to
a number of States, including testing activities prohibited
under section 9529.
SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS.
(a) In General.--From the amount reserved under section
1204(b)(1)(C) for a fiscal year, the Secretary shall make
grants, from allotments in accordance with subsection (b), to
States to enable the States to--
(1) in the case of a grant awarded under this
section to a State for the first time--
(A) carry out audits of State assessment
systems 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 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
$1,500,000 per fiscal year.
(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), in a format that
is--
(i) publicly available, such as a
widely accessible online platform; and
(ii) with appropriate accessibility
provisions for children with
disabilities and English learners.
(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.
(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)(2) or allowed under
section 1111(b)(2)(D);
(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
improvement of teaching and learning;
(E) the time for disseminating assessment
results;
(F) a description of how the assessment is
aligned with the challenging State academic
standards under section 1111(b)(1);
(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 English learners and children
with disabilities participating in assessments,
including developing and promoting the use of
appropriate accommodations.
(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 challenging State academic
standards under section 1111(b)(1);
(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, school leaders, 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, school leaders, 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
assessment 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.--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)(2) (such as by buying out the
remainder of procurement contracts with
assessment developers) and that--
(I) are low-quality;
(II) are not aligned to the
challenging State academic
standards under section
1111(b)(1));
(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 improvement for
teaching and learning; or
(V) are redundant;
(ii) supporting the dissemination
of best 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) disseminating the assessment
data in an accessible and
understandable format for educators,
parents, and families; and
(v) decreasing time between
administering such State assessments
and releasing assessment data.
(B) Carry out the state plan.--A State
shall carry out a State plan 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 consortia 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
challenging State academic standards under section
1111(b)(1).
(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 containing such other
information as determined by the State. The application
shall include a description of the agency's or
consortium's needs to improve assessment quality, use,
and alignment (as described in paragraph (1)).
(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 best practices
described in subsection (e)(6)(A)(ii);
(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 children
with disabilities or English learners;
(E) improve assessment delivery systems and
schedules, including by increasing access to
technology and exam proctors, where
appropriate;
(F) hire instructional coaches, or promote
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
(G) provide for appropriate accommodations
to maximize inclusion of children with
disabilities and English learners participating
in assessments.
(g) Definitions.--In this section:
(1) Local assessment.--The term `local assessment'
means an academic assessment selected and carried out
by a local educational agency that is separate from an
assessment required by section 1111(b)(2).
(2) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 1204. FUNDING.
(a) National Assessment of Educational Progress.--For the
purpose of administering the State assessments under the
National Assessment of Educational Progress, there are
authorized to be appropriated such sums as may be necessary for
fiscal years 2016 through 2021.
(b) Allotment of Appropriated Funds.--
(1) From amounts made available for each fiscal
year under subsection 1002(b) that are equal to or less
than the amount described in section 1111(b)(2)(H), the
Secretary shall--
(A) reserve \1/2\ of 1 percent for the
Bureau of Indian Education;
(B) reserve \1/2\ of 1 percent for the
outlying areas;
(C) reserve not more than 20 percent to
carry out section 1203; and
(D) from the remainder, allocate to each
State for section 1201 an amount equal to--
(i) $3,000,000; and
(ii) with respect to any amounts
remaining after the allocation is made
under clause (i), an amount that bears
the same relationship to such total
remaining amounts as the number of
students aged 5 through 17 in the State
(as determined by the Secretary on the
basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
(2) Remainder.--Any amounts made available for a
fiscal year under subsection 1002(b) that are remaining
after the Secretary carries out paragraph (1) shall be
made available as follows:
(A)(i) To award funds under section 1202 to
States selected for such grants, according to
the quality, needs, and scope of the State
application under that section.
(ii) In determining the grant amount under
clause (i), the Secretary shall ensure that a
State's grant shall include an amount that
bears the same relationship to the total funds
available under this paragraph for the fiscal
year as the number of students ages 5 through
17 in the State (as determined by the Secretary
on the basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
(B) Any amounts remaining after the
Secretary awards funds under subparagraph (A)
shall be allocated to each State that did not
receive a grant under such subparagraph, in an
amount that bears the same relationship to the
total funds available under this subparagraph
as the number of students ages 5 through 17 in
the State (as determined by the Secretary on
the basis of the most recent satisfactory data)
bears to the total number of such students in
all States.
(c) State Defined.--In this section, the term ``State''
means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
SEC. 1205. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION
AUTHORITY.
(a) Innovative Assessment System Defined.--The term
``innovative assessment system'' means a system of assessments
that may include--
(1) competency-based assessments, instructionally
embedded assessments, interim assessments, cumulative
year-end assessments, or performance-based assessments
that combine into an annual summative determination for
a student, which may be administered through computer
adaptive assessments; and
(2) assessments that validate when students are
ready to demonstrate mastery or proficiency and allow
for differentiated student support based on individual
learning needs.
(b) Demonstration Authority.--
(1) In general.--The Secretary may provide a State
educational agency, in accordance with paragraph (3),
with the authority to establish an innovative
assessment system.
(2) Demonstration period.--Each authorization of
demonstration authority under this section shall be for
a period of 3 years.
(3) Initial demonstration authority; expansion.--
(A) Initial period.--During the initial 3-
year period of demonstration authority under
this section, the Secretary shall provide 5
State educational agencies, subject to meeting
the application requirements in subsection (c),
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 State
educational agencies with demonstration
authority described in paragraph (1), if the
Secretary determines that overall the
innovative assessment systems have--
(i) demonstrated progress for all
students, including at-risk students,
through such measures as--
(I) increasing student
achievement and improving
academic outcomes;
(II) increasing graduation
rates for high schools;
(III) increasing retention
rates of students in school; or
(IV) decreasing rates of
remediation for students;
(ii) been developed in accordance
with the requirements of subsection
(c), including substantial evidence
that such system meets such
requirements; and
(iii) demonstrated that the same
system of assessments was used to
measure the achievement of all students
that participated in the demonstration
authority, and at least 95 percent of
such students overall and in each of
the categories of students, as defined
in section 1111(b)(3)(A), were assessed
under the innovative assessment system.
(c) Application.--A State educational agency that desires
to participate in the program of demonstration authority under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require. Such application shall
include a description of the innovative assessment system. In
addition, the application shall include the following:
(1) A demonstration that the innovative assessment
system will--
(A) meet all the requirements of section
1111(b)(2)(B), except the requirements of
clauses (i) and (v) of such section;
(B) be aligned to the standards under
section 1111(b)(1) and address the depth and
breadth of the challenging State academic
standards under such section;
(C) express student results or student
competencies in terms consistent with the State
aligned academic achievement standards;
(D) be able to generate comparable, valid,
and reliable results for all students and for
each category of students described in section
1111(b)(2)(B)(xi), compared to the results for
such students on the State assessments under
section 1111(b)(2);
(E) be developed in collaboration with
stakeholders representing the interests of
children with disabilities, English learners,
and other vulnerable children, educators,
including teachers, principals, and other
school leaders, local educational agencies, and
civil rights organizations in the State;
(F) be accessible to all students, such as
by incorporating the principles of universal
design for learning;
(G) provide educators, students, and
parents with timely data, disaggregated by each
category of students described in section
1111(b)(2)(B)(xi), to inform and improve
instructional practice and student supports;
(H) be able to identify which students are
not making progress toward the State's academic
achievement standards so that educators can
provide instructional support and targeted
intervention to all students to ensure every
student is making progress;
(I) measure the annual progress of not less
than 95 percent of all students and students in
each of the categories of students, as defined
in section 1111(b)(3)(A), who are enrolled in
each school that is participating in the
innovative assessment system and are required
to take assessments;
(J) generate an annual, summative
achievement determination based on annual data
for each individual student based on the
challenging State academic standards under
section 1111(b)(1) and be able to validly and
reliably aggregate data from the innovative
assessment system for purposes of
accountability, consistent with the
requirements of section 1111(b)(3), and
reporting, consistent with the requirements of
section 1111(d); and
(K) continue use of the high-quality
statewide academic assessments required under
section 1111(b)(2) if such assessments will be
used for accountability purposes for the
duration of the demonstration.
(2) A description of how the State educational
agency will--
(A) identify the distinct purposes for each
assessment that is part of the innovative
assessment system;
(B) provide support and training to local
educational agency and school staff to
implement the innovative assessment system
described in this subsection;
(C) inform parents of students in
participating local educational agencies about
the innovative assessment system at the
beginning of each school year during which the
innovative assessment system will be
implemented;
(D) engage and support teachers in
developing and scoring assessments that are
part of the innovative assessment system,
including through the use of high-quality
professional development, standardized and
calibrated scoring rubrics, and other
strategies, consistent with relevant nationally
recognized professional and technical
standards, to ensure inter-rater reliability
and comparability;
(E) acclimate students to the innovative
assessment system;
(F) ensure that students with the most
significant cognitive disabilities may be
assessed with alternate assessments consistent
with section 1111(b)(2)(D);
(G) if the State is proposing to administer
the innovative assessment system initially in a
subset of local educational agencies, scale up
the innovative assessment system to administer
such system statewide or with additional local
educational agencies in the initial
demonstration and 2-year renewal period, if
applicable, including the timeline that
explains the process for scaling to statewide
implementation by either the end of the initial
demonstration authority or the 2-year renewal
period;
(H) gather data, solicit regular feedback
from educators and parents, and assess the
results of each year of the program of
demonstration authority under this section, and
respond by making needed changes to the
innovative assessment system; and
(I) report data from the innovative
assessment system annually to the Secretary,
including--
(i) demographics of participating
local educational agencies, if such
system is not statewide, and additional
local educational agencies if added to
the system during the course of the
initial demonstration or 2-year renewal
period;
(ii) performance of all
participating students and for each
category of students, as defined in
section 1111(b)(3)(A), on the
innovative assessment, consistent with
the requirements in section 1111(d);
and
(iii) feedback from teachers,
principals, other school leaders, and
parents about their satisfaction with
the innovative assessment system.
(3) A description of the State educational agency's
plan to--
(A) ensure that all students and each of
the categories of students, as defined in
section 1111(b)(3)(A)--
(i) are held to the same high
standard as other students in the
State; and
(ii) receive the instructional
support needed to meet challenging
State academic standards;
(B) ensure that each local educational
agency has the technological infrastructure to
implement the innovative assessment system; and
(C) hold all participating schools in the
local educational agencies participating in the
program of demonstration authority accountable
for meeting the State's expectations for
student achievement.
(4) If the innovative assessment system will
initially be administered in a subset of local
educational agencies--
(A) a description of the local educational
agencies within the State educational agency
that will participate, including what criteria
the State has for approving any additional
local educational agencies to participate
during the demonstration period;
(B) assurances from such local educational
agencies that such agencies will comply with
the requirements of this subsection; and
(C) a demonstration that the participating
local educational agencies, as a group, will be
demographically similar to the State as a
whole.
(d) Peer Review.--The Secretary shall--
(1) implement a peer review process, which shall
include a review team comprised of practitioners and
experts who are knowledgeable about the assessment
innovation being proposed for all students, including
English learners and children with disabilities, to
inform--
(A) the awarding, renewal, and expansion of
the demonstration authority under this section;
and
(B) determinations about whether the
innovative assessment system--
(i) is comparable, valid, reliable,
of high technical quality, and
consistent with relevant, nationally
recognized professional and technical
standards; and
(ii) provides an unbiased,
rational, and consistent determination
of progress toward annual goals for all
students and schools; and
(2) make publicly available the applications
submitted under subsection (c) and the peer review
comments and recommendations regarding such
applications.
(e) Renewal.--The Secretary may renew an authorization of
demonstration authority under this subsection for an additional
2 years if the State educational agency demonstrates with
evidence that the State educational agency's innovative
assessment system is continuing to meet the requirements of
subsection (c).
(f) Use of Innovative Assessment System.--A State may,
during the initial 3-year demonstration period or 2-year
renewal period, include results from the innovative assessment
systems developed under this authority in accountability
determinations for each student in the participating local
educational agencies instead of, or in addition to, those from
the assessment system under section 1111(b)(2), provided the
State demonstrates that the State has met the requirements in
subsection (c). The State shall continue to meet all other
requirements of section 1111(b)(3).
(g) Authority Withdrawn.--The Secretary shall withdraw the
authorization for demonstration authority provided to a State
educational agency under this section and any participating
local educational agency or the State as a whole shall return
to the statewide assessment system under section 1111(b)(2) if,
at any point after the 3-year demonstration period described in
subsection (b)(2) or 2-year renewal period described in
subsection (e), the State educational agency cannot present to
the Secretary a body of substantial evidence that the
innovative assessment system developed under this section--
(1) meets requirements of subsection (c);
(2) includes all students attending schools
participating in the demonstration authority, including
each of the categories of students, as defined in
section 1111(b)(3)(A), in the innovative assessment
system demonstration;
(3) provides an unbiased, rational, and consistent
determination of progress toward annual goals for
schools, which are comparable to determinations under
section 1111(b)(3)(B)(iii) across the State in which
the local educational agencies are located;
(4) presents a high-quality plan to transition to
full statewide use of the innovative assessment system
by the end of the initial demonstration period and 2-
year renewal, if the innovative assessment system will
initially be administered in a subset of local
educational agencies; and
(5) is equivalent to the statewide assessments
under section 1111(b)(2) in content coverage,
difficulty, and quality.
(h) Transition.--
(1) In general.--If, after the initial
demonstration and renewal period, the State educational
agency has met all the requirements of this section,
such entity shall be permitted to operate the
innovative assessment system approved under the program
of demonstration authority under this section for the
purposes of paragraphs (2) and (3) of section 1111(b).
(2) Waiver authority.--If, after the initial
demonstration and renewal period, the State has met all
of the requirements of this section, except transition
to full statewide use for States that will initially
administer an innovative assessment system in a subset
of local educational agencies, and continues to comply
with the other requirements of this section, and
demonstrates a high-quality plan for transition to
statewide use in a reasonable period of time, the State
may request, and the Secretary shall review such
request, a delay of the withdrawal of authority under
subsection (g) for the purpose of providing the State
time necessary to implement the innovative assessment
system statewide.
(i) Available Funds.--A State may use funds available under
section 1201 to carry out this section.
(j) Rule of Construction.--A consortium of States may apply
to participate in the program of demonstration authority under
this section and the Secretary may provide each State member of
such consortium with such authority if each such State member
meets all of the requirements of this section.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. PROGRAM PURPOSE.
It is the purpose of this part to assist States to--
(1)* * *
(2) ensure that migratory children who move among
the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and [State academic content and student
academic achievement standards]challenging State
academic standards;
* * * * * * *
(4) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging
[State academic content and student academic
achievement standards]State academic standards that all
children are expected to meet;
(5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment without the need
for postsecondary remediation; and
(6) * * *
* * * * * * *
SEC. 1303. STATE ALLOCATIONS.
[(a) State Allocations.--
[(1) Fiscal year 2002.--For fiscal year 2002, each
State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal
to--
[(A) the sum of the estimated number of
migratory children aged 3 through 21 who reside
in the State full time and the full-time
equivalent of the estimated number of migratory
children aged 3 through 21 who reside in the
State part time, as determined in accordance
with subsection (e); multiplied by
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Subsequent years.--
[(A) Base amount.--
[(i) In general.--Except as
provided in subsection (b) and clause
(ii), each State (other than the
Commonwealth of Puerto Rico) is
entitled to receive under this part,
for fiscal year 2003 and succeeding
fiscal years, an amount equal to--
[(I) the amount that such
State received under this part
for fiscal year 2002; plus
[(II) the amount allocated
to the State under subparagraph
(B).
[(ii) Nonparticipating states.--In
the case of a State (other than the
Commonwealth of Puerto Rico) that did
not receive any funds for fiscal year
2002 under this part, the State shall
receive, for fiscal year 2003 and
succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State would have received under
this part for fiscal year 2002
if its application under
section 1304 for the year had
been approved; plus
[(II) the amount allocated
to the State under subparagraph
(B).
[(B) Allocation of additional amount.--For
fiscal year 2003 and succeeding fiscal years,
the amount (if any) by which the funds
appropriated to carry out this part for the
year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State
receives an amount equal to--
[(i) the sum of--
[(I) the number of
identified eligible migratory
children, aged 3 through 21,
residing in the State during
the previous year; and
[(II) the number of
identified eligible migratory
children, aged 3 through 21,
who received services under
this part in summer or
intersession programs provided
by the State during such year;
multiplied by
[(ii) 40 percent of the average
per-pupil expenditure in the State,
except that the amount determined under
this clause may not be less than 32
percent, or more than 48 percent, of
the average per-pupil expenditure in
the United States.]
(a) State Allocations.--
(1) Base amount.--
(A) In general.--Except as provided in
subsection (b) and subparagraph (B), each State
(other than the Commonwealth of Puerto Rico) is
entitled to receive under this part, for fiscal
year 2003 and succeeding fiscal years, an
amount equal to--
(i) the amount that such State
received under this part for fiscal
year 2002; plus
(ii) the amount allocated to the
State under paragraph (2).
(B) Nonparticipating states.--In the case
of a State (other than the Commonwealth of
Puerto Rico) that did not receive any funds for
fiscal year 2002 under this part, the State
shall receive, for fiscal year 2003 and
succeeding fiscal years, an amount equal to--
(i) the amount that such State
would have received under this part for
fiscal year 2002 if its application
under section 1304 for the year had
been approved; plus
(ii) the amount allocated to the
State under paragraph (2).
(2) Allocation of additional amount.--For fiscal
year 2003 and succeeding fiscal years, the amount (if
any) by which the funds appropriated to carry out this
part for the year exceed such funds for fiscal year
2002 shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State receives
an amount equal to--
(A) the sum of--
(i) the number of identified
eligible migratory children, aged 3
through 21, residing in the State
during the previous year; and
(ii) the number of identified
eligible migratory children, aged 3
through 21, who received services under
this part in summer or intercession
programs provided by the State during
such year; multiplied by
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph may
not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure
in the United States.
(b) Allocation to Puerto Rico.--
(1) In general.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount
determined by multiplying the number of children who
would be counted under subsection (a)(1)(A) if such
subsection applied to the Commonwealth of Puerto Rico
by the product of--
(A) * * *
* * * * * * *
(c) Ratable Reductions; Reallocations.--
(1) In general.--[(A) If, after]
(A) In general.--If, after the Secretary
reserves funds under section 1308(c), the
amount appropriated to carry out this part for
any fiscal year is insufficient to pay in full
the amounts for which all States are eligible,
the Secretary shall ratably reduce each such
amount.
(B) [If additional]Reallocation.--If
additional funds become available for making
such payments for any fiscal year, the
Secretary shall allocate such funds to States
in amounts that the Secretary determines will
best carry out the purpose of this part.
(2) Special rule.--[(A) The Secretary](A) Further
reductions.--The Secretary shall further reduce the
amount of any grant to a State under this part for any
fiscal year if the Secretary determines, based on
available information on the numbers and needs of
migratory children in the State and the program
proposed by the State to address such needs, that such
amount exceeds the amount required under section 1304.
(B) [The Secretary]Reallocation.--The
Secretary shall reallocate such excess funds to
other States whose grants under this part would
otherwise be insufficient to provide an
appropriate level of services to migratory
children, in such amounts as the Secretary
determines are appropriate.
(d) Consortium Arrangements.--
(1) In general.--* * *
* * * * * * *
(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
(A)* * *
(B) make more funds available for direct
services to add substantially to the [welfare
or educational attainment]academic achievement
of children to be served under this part.
(e) Determining Numbers of Eligible Children.--In order to
determine the [estimated]identified number of migratory
children residing in each State for purposes of this section,
[the Secretary shall--
[(1) use such information as the Secretary finds
most accurately reflects the actual number of migratory
children;
[(2) develop and implement a procedure for more
accurately reflecting cost factors for different types
of summer and intersession program designs;
[(3) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
[(A) the special needs of those children
participating in special programs provided
under this part that operate during the summer
and intersession periods; and
[(B) the additional costs of operating such
programs; and
[(4) conduct an analysis of the options for
adjusting the formula so as to better direct services
to the child whose education has been interrupted.]the
Secretary shall use such information as the Secretary
finds most accurately reflects the actual number of
migratory children.
SEC. 1304. STATE APPLICATIONS; SERVICES.
(a) Application Required.--* * *
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning,
implementing, and evaluating programs and projects
assisted under this part, the State and its local
operating agencies will ensure that the [special
educational needs]unique educational needs of migratory
children, including preschool migratory children and
out of school migratory children, are identified and
addressed through--
(A) * * *
(B) joint planning among local, State, and
Federal educational programs serving migrant
children, including language instruction
educational programs under [part A or B of
title III]part A of title III;
(C) * * *
[(D) measurable program goals and
outcomes;](D) measurable program objectives and
outcomes;
(2) a description of the steps the State is taking
to provide all migratory students with the opportunity
to meet the same [challenging State academic content
standards and challenging State student academic
achievement standards]challenging State academic
standards that all children are expected to meet;
(3) a description of how the State will use funds
received under this part to promote interstate and
intrastate coordination of services for migratory
children, including how[, consistent with procedures
the Secretary may require,] the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such move occurs during the regular
school year;
(4) * * *
(5) a description of how the State will determine
the amount of any subgrants the State will award to
local operating agencies, taking into account the
numbers and needs of migratory children, the
requirements of subsection (d), and the availability of
funds from other Federal, State, and local programs;
and
[(6) such budgetary and other information as the
Secretary may require; and]
[(7)](6) * * *
(c) Assurances.--Each such application shall also include
assurances[, satisfactory to the Secretary,] that--
(1) funds received under this part will be used
only--
(A) * * *
* * * * * * *
(2) such programs and projects will be carried out
[in a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and part I]in
a manner consistent with the objectives of section
1113(c), paragraphs (3) and (4) of section 1113(d),
subsections (b) and (c) of section 1117, and part E;
(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with [parent advisory
councils]parents of migratory children, including
parent advisory councils for programs of 1 school year
in duration, and that all such programs and projects
are carried out--
(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under [section
1118]section 1115, unless extraordinary
circumstances make such provision impractical;
and
(B) * * *
(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children and out of school
migratory children;
(5) * * *
(6) [to the extent feasible,] such programs and
projects will provide for--
(A) advocacy and outreach activities for
migratory children and their families,
including informing such children and families
of, or helping such children and families gain
access to, other education, health, nutrition,
and social services;
(B) * * *
[(C) family literacy programs, including
such programs that use models developed under
Even Start;](C) evidence-based family literacy
programs;
(D) * * *
(E) programs to facilitate the transition
of secondary school students to postsecondary
education or employment, without the need for
postsecondary remediation; and
(7) the State will assist the Secretary in
determining the number of migratory children under
[paragraphs (1)(A) and (2)(B)(i) of section 1303(a),
through such procedures as the Secretary may
require]section 1303(a)(2)(A).
[(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging State
academic content standards and challenging State student
academic achievement standards, and whose education has been
interrupted during the regular school year.]
(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who have made a
qualifying move within the previous 1-year period and who--
(1) are failing, or most at risk of failing, to
meet the challenging State academic standards; or
(2) have dropped out of school.
(e) Continuation of Services.--Notwithstanding any other
provision of this part--
(1) * * *
* * * * * * *
(3) [secondary school students]students who were
eligible for services in secondary school may continue
to be served through credit accrual programs until
graduation.
SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
(a) Secretarial Approval.--The Secretary shall, to the
extent practicable, approve each State application that meets
the requirements of this part.
(b) Peer Review.--* * *
SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--Each State that receives
assistance under this part shall ensure that the State
and its local operating agencies identify and address
the [special]unique educational needs of migratory
children in accordance with a comprehensive State plan
that--
(A) is integrated with other programs under
this Act or other Acts, as appropriate;
(B) may be submitted as a part of a
consolidated application under section 9302,
if--
(i) the [special]unique needs of
migratory children are specifically
addressed in the comprehensive State
plan;
* * * * * * *
(C) provides that migratory children will
have an opportunity to meet the same
[challenging State academic content standards
and challenging State student academic
achievement standards]challenging State
academic standards that all children are
expected to meet;
* * * * * * *
(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under part A, early
childhood programs, and language instruction
educational programs under part A [or B] of
title III; and
(G) * * *
* * * * * * *
(b) Authorized Activities.--
(1) Flexibility.--* * *
* * * * * * *
(4) Special rule.--Notwithstanding [section
1114]section 1113(c), a school that receives funds
under this part shall continue to address the
identified needs described in paragraph (1), and shall
meet the [special]unique educational needs of migratory
children before using funds under this part for
schoolwide programs under [section 1114]section
1113(c).
SEC. 1307. BYPASS.
The Secretary may use all or part of any State's
allocation under this part to make arrangements with any public
or private [nonprofit] agency to carry out the purpose of this
part in such State if the Secretary determines that--
(1) the State is unable or unwilling to conduct
educational programs for migratory children;
* * * * * * *
(3) such arrangements would add substantially to
the [welfare or educational attainment]educational
achievement of such children.
SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) Improvement of Coordination.--
(1) In general.--The Secretary, in consultation
with the States, may make grants to, or enter into
contracts with, State educational agencies, local
educational agencies, institutions of higher education,
and other public and private nonprofit entities to
improve the interstate and intrastate coordination
among such agencies' educational programs, including
through the establishment or improvement of programs
for credit accrual and exchange, available to migratory
students.
(2) Duration.--* * *
(b) Student Records.--
(1) Assistance.--The Secretary shall assist States
in [developing effective methods for] the electronic
transfer of student records and in determining the
number of migratory children in each State.
(2) Information system.--
(A) In general.--The Secretary, in
consultation with the States, shall [ensure the
linkage of migrant student]maintain a migratory
record [systems]system for the purpose of
electronically exchanging, within and among the
States, health and educational information
regarding [all migratory students]all migratory
children eligible under this part. [The
Secretary shall ensure such linkage occurs in a
cost-effective manner, utilizing systems used
by the States prior to, or developed after, the
date of enactment of the No Child Left Behind
Act of 2001, and shall determine the minimum
data elements that each State receiving funds
under this part shall collect and maintain.]
Such elements may include--
(i) immunization records and other
health information;
(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments [required] under
section 1111(b);
* * * * * * *
(B) Consultation.--The Secretary shall
maintain ongoing consultation with the States,
local educational agencies, and other migratory
student service providers on--
(i) the effectiveness of the system
described in subparagraph (A); and
(ii) the ongoing improvement of
such system.
[(B)](C) Notice and comment.--After
consulting with the States under subparagraph
(A), the Secretary shall publish a notice in
the Federal Register seeking public comment on
[the proposed data elements]any new proposed
data elements that each State receiving funds
under this part shall be required to collect
for purposes of electronic transfer of
migratory student information and the
requirements that States shall meet for
immediate electronic access to such
information. [Such publication shall occur not
later than 120 days after the date of enactment
of the No Child Left Behind Act of 2001.]
(3) No cost for certain transfers.--* * *
[(4) Report to congress.--
[(A) In general.--Not later than April 30,
2003, the Secretary shall report to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives the Secretary's findings and
recommendations regarding the maintenance and
transfer of health and educational information
for migratory students by the States.
[(B) Required contents.--The Secretary
shall include in such report--
[(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
[(ii) recommendations for the
development and linkage of such
systems; and
[(iii) recommendations for measures
that may be taken to ensure the
continuity of services provided for
migratory students.]
(c) Availability of Funds.--* * *
* * * * * * *
SEC. 1309. DEFINITIONS.
As used in this part:
(1) Local operating agency.--* * *
(A) * * *
(B) a public or [nonprofit] private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
(C) * * *
[(2) Migratory child.--The term ``migratory child''
means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory
dairy worker, or a migratory fisher, and who, in the
preceding 36 months, in order to obtain, or accompany
such parent or spouse, in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
[(A) has moved from one school district to
another;
[(B) in a State that is comprised of a
single school district, has moved from one
administrative area to another within such
district; or
[(C) resides in a school district of more
than 15,000 square miles, and migrates a
distance of 20 miles or more to a temporary
residence to engage in a fishing activity.]
(2) Migratory agricultural worker.--The term
``migratory agricultural worker'' means an individual
who made a qualifying move in the preceding 36 months
and, after doing so, engaged in new temporary or
seasonal employment or personal subsistence in
agriculture, which may be dairy work or the initial
processing of raw agricultural products. If an
individual did not engage in such new employment soon
after a qualifying move, such individual may be
considered a migratory agricultural worker if the
individual actively sought new employment and has a
recent history of moves for agricultural employment.
(3) Migratory child.--The term ``migratory child''
means a child or youth who made a qualifying move in
the preceding 36 months--
(A) as a migratory agricultural worker or a
migratory fisher; or
(B) with, or to join, a parent or spouse
who is a migratory agricultural worker or a
migratory fisher.
(4) Migratory fisher.--The term ``migratory
fisher'' means an individual who made a qualifying move
in the preceding 36 months and, after doing so, engaged
in new temporary or seasonal employment or personal
subsistence in fishing. If the individual did not
engage in such new employment soon after the move, the
individual may be considered a migratory fisher if the
individual actively sought new employment and has a
recent history of moves for fishing work.
(5) Qualifying move.--The term ``qualifying move''
means a move due to economic necessity--
(A) from one residence to another
residence; and
(B) from one school district to another
school district, except--
(i) in the case of a State that is
comprised of a single school district,
wherein a qualifying move is from one
administrative area to another within
such district;
(ii) in the case of a school
district of more than 15,000 square
miles, wherein a qualifying move is a
distance of 20 miles or more to a
temporary residence to engage in a
fishing activity; or
(iii) in a case in which another
exception applies, as defined by the
Secretary.
* * * * * * *
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT-RISK
SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.
(a) Purpose.--It is the purpose of this part--
(1) to improve educational services for children
and youth in local, tribal, and State institutions for
neglected or delinquent children and youth so that such
children and youth have the opportunity to meet the
same [challenging State academic content standards and
challenging State student academic achievement
standards]challenging State academic standards that all
children in the State are expected to meet;
(2) * * *
(3) to prevent at-risk youth from dropping out of
school, and to provide dropouts, and children and youth
returning from correctional facilities or institutions
for neglected or delinquent children and youth, with a
support system to ensure their continued education and
the involvement of their families and communities.
(b) Program Authorized.--* * *
* * * * * * *
SEC. 1412. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this subpart, for each fiscal year, in an amount equal
to the product of--
(A) the number of neglected or delinquent
children and youth described in section 1411
who--
(i)* * *
* * * * * * *
(b) Subgrants to State Agencies in Puerto Rico.--
(1) In general.--For each fiscal year, the amount
of the subgrant which a State agency in the
Commonwealth of Puerto Rico shall be eligible to
receive under this subpart shall be the amount
determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth
of Puerto Rico by the product of--
(A) * * *
* * * * * * *
[(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent;
and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.]
(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than 85 percent.
* * * * * * *
SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall
submit, for approval by the Secretary, a plan--
(A) * * *
(B) for assisting in the transition of
children and youth [from correctional
facilities to locally operated programs]between
correctional facilities and locally operated
programs; and
(C) * * *
(2) Contents.--Each such State plan shall--
(A) describe [the program goals,
objectives, and performance measures
established by the State]the program objectives
and outcomes established by the State that will
be used to assess the effectiveness of the
program in improving the academic,
[vocational]career, and technical skills of
children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State; [and]
(C) contain an assurance that the State
educational agency will--
(i) ensure that programs assisted
under this subpart will be carried out
in accordance with the State plan
described in this subsection; and
[(ii) carry out the evaluation
requirements of section 1431;]
[(iii)](ii) ensure that the State
agencies receiving subgrants under this
subpart comply with all applicable
statutory and regulatory requirements;
and
[(iv) provide such other
information as the Secretary may
reasonably require.]
(D) provide assurances that the State
educational agency has established--
(i) procedures to ensure the prompt
re-enrollment of each student who has
been placed in the juvenile justice
system in secondary school or in a re-
entry program that best meets the needs
of the student, including the transfer
of credits that such students earn
during placement; and
(ii) opportunities for such
students to participate in higher
education or career pathways.
(3) Duration of the plan.--Each such State plan
shall--
(A) * * *
* * * * * * *
(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
subpart shall submit an application to the State educational
agency that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess and
respond to the educational needs of the children to be
served under this subpart and to the extent
practicable, provide for an assessment upon entry into
a correctional facility;
(2) * * *
* * * * * * *
(6) describes how the State agency will [carry out
the evaluation requirements of section 9601 and how]use
the results of the most recent evaluation under section
9601 [will be used] to plan and improve the program;
(7) * * *
(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220,
[vocational]career and technical education programs,
State and local dropout prevention programs, and
special education programs;
(9) describes how the State agency will encourage
correctional facilities receiving funds under this
subpart to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to and following
their incarceration to ensure that student assessments
and appropriate academic records are shared jointly
between the correctional facility and the local
educational agency or alternative education program
and, to the extent practicable, to ensure that
transition plans are in place;
* * * * * * *
(11) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the [transition of children and
youth from such facility or institution to]transition
of such children and youth between such facility or
institution and locally operated programs;
* * * * * * *
(16) provides an assurance that the State agency
will work with children and youth who dropped out of
school before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school and obtain a high school diploma once the term
of the incarceration is completed or provide the child
or youth with the skills necessary to gain employment,
continue the education of the child or youth, or
achieve a secondary school diploma or its recognized
equivalent if the child or youth does not intend to
return to school;
(17) provides an assurance that certified or
licensed teachers and other qualified staff are trained
to work with children and youth with disabilities and
other students with special needs taking into
consideration the unique needs of such students;
* * * * * * *
SEC. 1415. USE OF FUNDS.
(a) Uses.--
(1) In general.--A State agency shall use funds
received under this subpart only for programs and
projects that--
(A) * * *
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to, without the need for
remediation, secondary school completion,
[vocational or technical training]career and
technical education, further education, or
employment.
(2) Programs and projects.--Such programs and
projects--
[(A) may include the acquisition of
equipment;]
(A) may include--
(i) the acquisition of equipment;
and
(ii) pay for success initiatives
that produce a measurable, clearly
defined outcome that results in social
benefit and direct cost savings to the
local, State, or Federal Government;
(B) shall be designed to support
educational services that--
(i) except for institution-wide
projects under section 1416, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's challenging academic
[content standards and student academic
achievement] standards;
(ii) * * *
(iii) afford such children and
youth an opportunity to meet
[challenging State academic achievement
standards]challenging State academic
standards; and
(C) shall be carried out in a manner
consistent with [section 1120A]section 1117 and
part I (as applied to programs and projects
under this part)[; and].
[(D) may include the costs of meeting the
evaluation requirements of section 9601.]
(b) Supplement, Not Supplant.--A program under this subpart
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of
[section 1120A]section 1117 (as applied to this part) without
regard to the subject areas in which instruction is given
during those hours.
SEC. 1416. INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community-day program for such
children and youth may use funds received under this subpart to
serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
(1) * * *
* * * * * * *
(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet [challenging State
academic content standards and student academic
achievement standards]challenging State academic
standards in order to improve the likelihood that the
children and youth will [complete secondary school,
attain a secondary diploma]attain a high school diploma
or its recognized equivalent, or find employment after
leaving the institution;
(4) describes the instructional program,
[pupil]specialized instructional support services, and
procedures that will be used to meet the needs
described in paragraph (1), including, to the extent
feasible, the provision of mentors for the children and
youth described in paragraph (1) and, to the extent
practicable, the development and implementation of
transition plans;
(5) * * *
(6) describes the measures and procedures that will
be used to assess [student progress]and improve student
achievement;
(7) * * *
* * * * * * *
SEC. 1418. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this subpart for any fiscal
year to support--
[(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or]
(1) projects that facilitate the transition of
children and youth between State-operated institutions,
or institutions in the State operated by the Secretary
of the Interior, and schools served by local
educational agencies or schools operated or funded by
the Bureau of Indian Education; or
(2) the successful reentry, without the need for
remediation, of youth offenders, who are age 20 or
younger and have received a [secondary]high school
diploma or its recognized equivalent, into
postsecondary education, or [vocational]career and
technical training programs, through strategies
designed to expose the youth to, and prepare the youth
for, postsecondary education, or [vocational]career and
technical training programs, such as--
(A) * * *
* * * * * * *
(C) essential support services to ensure
the success of the youth, such as--
(i) personal, [vocational]career
and technical, and academic,
counseling;
(ii) * * *
* * * * * * *
SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.
The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart [for a fiscal
year--
[(1) to develop a uniform model to evaluate the
effectiveness of programs assisted under this subpart;
and
[(2) to provide]for a fiscal year to provide
technical assistance to and support the capacity
building of State agency programs assisted under this
subpart.
Subpart 2--Local Agency Programs
SEC. 1421. PURPOSE.
The purpose of this subpart is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities--
(1) to carry out high quality education programs to
prepare children and youth, without the need for
remediation, for secondary school completion, training,
employment, or further education;
(2) * * *
(3) to operate programs in local schools, including
schools operated or funded by the Bureau of Indian
Education, for children and youth returning from
correctional facilities, and programs which may serve
at-risk children and youth.
SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--* * *
* * * * * * *
(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to meet the
transitional and academic needs, and may include the
nonacademic needs, of students returning to local educational
agencies or alternative education programs from correctional
facilities. Services to students at-risk of dropping out of
school shall not have a negative [impact on meeting the
transitional]impact on meeting such transitional and academic
needs of the students returning from correctional facilities.
SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Each local educational agency desiring assistance under
this subpart shall submit an application to the State
educational agency that contains such information as the State
educational agency may require. Each such application shall
include--
(1) * * *
(2) a description of formal agreements, regarding
the program to be assisted, between--
(A) * * *
(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system,
including such facilities operated by the
Secretary of the Interior and Indian tribes;
(3) * * *
[(4) a description of the program operated by
participating schools for children and youth returning
from correctional facilities and, as appropriate, the
types of services that such schools will provide such
children and youth and other at-risk children and
youth;]
(4) a description of the activities that the local
educational agency will carry out to facilitate the
successful transition of children and youth in locally
operated institutions for neglected and delinquent
children and other correctional institutions into
schools served by the local educational agency, or as
appropriate, into career and technical education and
postsecondary education programs;
* * * * * * *
(8) as appropriate, a description of how the
program will involve parents and family members in
efforts to improve the educational achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of
Public Law 105-220 and [vocational]career and technical
education programs serving at-risk children and youth;
(10) * * *
[(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of children and youth returning from
correctional facilities;]
(11) as appropriate, a description of how the local
educational agency and schools will address the
educational needs of children and youth who return from
institutions for neglected and delinquent children and
youth or from correctional institutions and attend
regular or alternative schools;
(12) a description of the efforts [participating
schools]the local educational agency will make to
ensure correctional facilities working with children
and youth are aware of a child's or youth's existing
individualized education program; and
(13) * * *
* * * * * * *
SEC. 1424. USES OF FUNDS.
Funds provided to local educational agencies under this
subpart may be used, as appropriate, for--
(1) * * *
(2) dropout prevention programs which serve at-risk
children and youth[, including pregnant and parenting
teens, children and youth who have come in contact with
the juvenile justice system, children and youth at
least 1 year behind their expected grade level, migrant
youth, immigrant youth, students with limited English
proficiency, and gang members];
(3) * * *
(4) special programs to meet the unique academic
needs of participating children and youth, including
[vocationa]career and technical education, special
education, career counseling, curriculum-based youth
entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education;
[and]
(5) programs providing mentoring and peer
mediation[.];
(6) programs for at-risk Indian children and youth,
including such children and youth in correctional
facilities in the area served by the local educational
agency that are operated by the Secretary of the
Interior or Indian tribes; and
(7) pay for success initiatives that produce a
measurable, clearly defined outcome that results in
social benefit and direct cost savings to the local,
State, or Federal government.
SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
Each correctional facility entering into an agreement with
a local educational agency under section 1423(2) to provide
services to children and youth under this subpart shall--
(1) * * *
* * * * * * *
(4) provide support programs that encourage
children and youth who have dropped out of school to
reenter school and obtain a high school diploma once
their term at the correctional facility has been
completed, or provide such children and youth with the
skills necessary to gain employment [or seek a
secondary school diploma or its recognized equivalent];
(5) * * *
(6) ensure that educational programs in the
correctional facility are related to assisting students
to meet [high academic achievement standards]the
challenging State academic standards;
* * * * * * *
(9) coordinate funds received under this subpart
with other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and [vocational]career and technical
education funds;
(10) coordinate programs operated under this
subpart with activities funded under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable; [and]
(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth[.];
(12) to the extent practicable, develop an initial
educational services and transition plan for each child
or youth served under this subpart upon entry into the
correctional facility, in partnership with the child's
or youth's family members and the local educational
agency that most recently provided services to the
child or youth (if applicable), consistent with section
1414(a)(1); and
(13) consult with the local educational agency for
a period jointly determined necessary by the
correctional facility and local educational agency upon
discharge from that facility, to coordinate educational
services so as to minimize disruption to the child's or
youth's achievement.
SEC. 1426. ACCOUNTABILITY.
The State educational agency may--
(1) * * *
(2) require correctional facilities or institutions
for neglected or delinquent children and youth to
demonstrate, after receiving assistance under this
subpart for 3 years, that there has been an increase in
the number of children and youth returning to school,
obtaining a [secondary]high school diploma or its
recognized equivalent, or obtaining employment after
such children and youth are released.
Subpart 3--General Provisions
SEC. 1431. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, not less
than once every 3 years, to determine the program's impact on
the ability of participants--
(1) to maintain and improve educational achievement
and to graduate high school in the standard number of
years;
(2) to accrue school credits that meet State
requirements for grade promotion and [secondary]high
school graduation;
(3) to make the transition to a regular program or
other education program operated by a local educational
agency or school operated or funded by the Bureau of
Indian Education;
(4) to complete [secondary]high school (or
[secondary]high school equivalency requirements) and
obtain employment after leaving the correctional
facility or institution for neglected or delinquent
children and youth; and
(5) * * *
(b) Exception.--* * *
* * * * * * *
SEC. 1432. DEFINITIONS.
In this part:
(1) Adult correctional institution.--* * *
(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school
aged individual who is at-risk of academic failure, has
a drug or alcohol problem, is pregnant or is a parent,
has come into contact with the juvenile justice system
in the past, is at least 1 year behind the expected
grade level for the age of the individual, [has limited
English proficiency]is an English learner, is a gang
member, has dropped out of school in the past, [or has
a high absenteeism rate at school.]has a high
absenteeism rate at school, or has other life
conditions that make the individual at high risk for
dependency or delinquency adjudication.
(3) * * *
* * * * * * *
[PART E--NATIONAL ASSESSMENT OF TITLE I]
[SEC. 1501. EVALUATIONS.
[(a) National Assessment of Title I.--
[(1) In general.--The Secretary shall conduct a
national assessment of the programs assisted under this
title and the impact of this title on States, local
educational agencies, schools, and students.
[(2) Issues to be examined.--In conducting the
assessment under this subsection, the Secretary shall
examine, at a minimum, the following:
[(A) The implementation of programs
assisted under this title and the impact of
such implementation on increasing student
academic achievement (particularly in schools
with high concentrations of children living in
poverty), relative to the goal of all students
reaching the proficient level of achievement
based on State academic assessments,
challenging State academic content standards,
and challenging State student academic
achievement standards under section 1111.
[(B) The types of programs and services
that have demonstrated the greatest likelihood
of helping students reach the proficient and
advanced levels of achievement based on State
student academic achievement standards and
State academic content standards.
[(C) The implementation of State academic
standards, assessments, and accountability
systems developed under this title, including--
[(i) the time and cost required for
the development of academic assessments
for students in grades 3 through 8;
[(ii) how well such State
assessments meet the requirements for
assessments described in this title;
and
[(iii) the impact of such
standards, assessments, and
accountability systems on educational
programs and instruction at the local
level.
[(D) Each State's definition of adequate
yearly progress, including--
[(i) the impact of applying this
definition to schools, local
educational agencies, and the State;
[(ii) the number of schools and
local educational agencies not meeting
this definition; and
[(iii) the changes in the
identification of schools in need of
improvement as a result of such
definition.
[(E) How schools, local educational
agencies, and States have--
[(i) publicized and disseminated
the local educational agency report
cards required under section 1111(h)(2)
to teachers, school staff, students,
parents, and the community;
[(ii) used funds made available
under this title to provide preschool
and family literacy services and the
impact of these services on students'
school readiness;
[(iii) implemented the provisions
of section 1118 and afforded parents
meaningful opportunities to be involved
in the education of their children;
[(iv) used Federal, State, and
local educational agency funds and
resources to support schools and
provide technical assistance to improve
the achievement of students in low-
performing schools, including the
impact of the technical assistance on
such achievement; and
[(v) used State educational agency
and local educational agency funds and
resources to help schools in which 50
percent or more of the students are
from families with incomes below the
poverty line meet the requirement
described in section 1119 of having all
teachers highly qualified not later
than the end of the 2005-2006 school
year.
[(F) The implementation of schoolwide
programs and targeted assistance programs under
this title and the impact of such programs on
improving student academic achievement,
including the extent to which schools meet the
requirements of such programs.
[(G) The extent to which varying models of
comprehensive school reform are funded and
implemented under this title, and the effect of
the implementation of such models on improving
achievement of disadvantaged students.
[(H) The costs as compared to the benefits
of the activities assisted under this title.
[(I) The extent to which actions authorized
under section 1116 are implemented by State
educational agencies and local educational
agencies to improve the academic achievement of
students in low-performing schools, and the
effectiveness of the implementation of such
actions, including the following:
[(i) The number of schools
identified for school improvement and
how many years the schools remain in
this status.
[(ii) The types of support provided
by the State educational agencies and
local educational agencies to schools
and local educational agencies
respectively identified as in need of
improvement, and the impact of such
support on student achievement.
[(iii) The number of parents who
take advantage of the public school
choice provisions of this title, the
costs (including transportation costs)
associated with implementing these
provisions, the implementation of these
provisions, and the impact of these
provisions (including the impact of
attending another school) on student
achievement.
[(iv) The number of parents who
choose to take advantage of the
supplemental educational services
option, the criteria used by the States
to determine the quality of providers,
the kinds of services that are
available and utilized, the costs
associated with implementing this
option, and the impact of receiving
supplemental educational services on
student achievement.
[(v) The implementation and impact
of actions that are taken with regard
to schools and local educational
agencies identified for corrective
action and restructuring.
[(J) The extent to which State and local
fiscal accounting requirements under this title
affect the flexibility of schoolwide programs.
[(K) The implementation and impact of the
professional development activities assisted
under this title and title II on instruction,
student academic achievement, and teacher
qualifications.
[(L) The extent to which the assistance
made available under this title, including
funds under section 1002, is targeted to
disadvantaged students, schools, and local
educational agencies with the greatest need.
[(M) The effectiveness of Federal
administration assistance made available under
this title, including monitoring and technical
assistance.
[(N) The academic achievement of the groups
of students described in section
1111(b)(2)(C)(v)(II).
[(O) Such other issues as the Secretary
considers appropriate.
[(3) Sources of information.--In conducting the
assessment under this subsection, the Secretary shall
use information from a variety of sources, including
the National Assessment of Educational Progress
(carried out under section 303 of the National
Assessment of Educational Progress Authorization Act),
State evaluations, and other research studies.
[(4) Coordination.--In carrying out this
subsection, the Secretary shall--
[(A) coordinate the national assessment
under this subsection with the longitudinal
study described in subsection (c); and
[(B) ensure that the independent review
panel described in subsection (d) participates
in conducting the national assessment under
this subsection, including planning for and
reviewing the assessment.
[(5) Developmentally appropriate measures.--In
conducting the national assessment under this
subsection, the Secretary shall use developmentally
appropriate measures to assess student academic
achievement.
[(6) Reports.--
[(A) Interim report.--Not later than 3
years after the date of enactment of the No
Child Left Behind Act of 2001, the Secretary
shall transmit to the President, the Committee
on Education and the Workforce of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate an
interim report on the national assessment
conducted under this subsection.
[(B) Final report.--Not later than 5 years
after the date of enactment of the No Child
Left Behind Act of 2001, the Secretary shall
transmit to the President, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate a
final report on the national assessment
conducted under this subsection.
[(b) Studies and Data Collection.--
[(1) In general.--In addition to other activities
described in this section, the Secretary may, directly
or through awarding grants to or entering into
contracts with appropriate entities--
[(A) assess the implementation and
effectiveness of programs under this title;
[(B) collect the data necessary to comply
with the Government Performance and Results Act
of 1993; and
[(C) provide guidance and technical
assistance to State educational agencies and
local educational agencies in developing and
maintaining management information systems
through which such agencies may develop program
performance indicators to improve services and
performance.
[(2) Minimum information.--In carrying out this
subsection, the Secretary shall collect, at a minimum,
trend information on the effect of each program
authorized under this title, which shall complement the
data collected and reported under subsections (a) and
(c).
[(c) National Longitudinal Study.--
[(1) In general.--The Secretary shall conduct a
longitudinal study of schools receiving assistance
under part A.
[(2) Issues to be examined.--In carrying out this
subsection, the Secretary shall ensure that the study
referred to in paragraph (1) provides Congress and
educators with each of the following:
[(A) An accurate description and analysis
of the short- and long-term effect of the
assistance made available under this title on
academic achievement.
[(B) Information that can be used to
improve the effectiveness of the assistance
made available under this title in enabling
students to meet challenging academic
achievement standards.
[(C) An analysis of educational practices
or model programs that are effective in
improving the achievement of disadvantaged
children.
[(D) An analysis of the costs as compared
to the benefits of the assistance made
available under this title in improving the
achievement of disadvantaged children.
[(E) An analysis of the effects of the
availability of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students
have transferred under such options.
[(F) Such other information as the
Secretary considers appropriate.
[(3) Scope.--In conducting the study referred to in
paragraph (1), the Secretary shall ensure that the
study--
[(A) bases its analysis on a nationally
representative sample of schools participating
in programs under this title;
[(B) to the extent practicable, includes in
its analysis students who transfer to different
schools during the course of the study; and
[(C) analyzes varying models or strategies
for delivering school services, including--
[(i) schoolwide and targeted
services; and
[(ii) comprehensive school reform
models.
[(d) Independent Review Panel.--
[(1) In general.--The Secretary shall establish an
independent review panel (in this subsection referred
to as the ``Review Panel'') to advise the Secretary on
methodological and other issues that arise in carrying
out subsections (a) and (c).
[(2) Appointment of members.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall appoint members of the
Review Panel from among qualified individuals
who are--
[(i) specialists in statistics,
evaluation, research, and assessment;
[(ii) education practitioners,
including teachers, principals, and
local and State superintendents;
[(iii) parents and members of local
school boards or other organizations
involved with the implementation and
operation of programs under this title;
and
[(iv) other individuals with
technical expertise who will contribute
to the overall rigor and quality of the
program evaluation.
[(B) Limitations.--In appointing members of
the Review Panel, the Secretary shall ensure
that--
[(i) in order to ensure diversity,
the Review Panel includes individuals
appointed under subparagraph (A)(i) who
represent disciplines or programs
outside the field of education; and
[(ii) the total number of the
individuals appointed under
subparagraph (A)(ii) or (A)(iv) does
not exceed one-fourth of the total
number of the individuals appointed
under this paragraph.
[(3) Functions.--The Review Panel shall consult
with and advise the Secretary--
[(A) to ensure that the assessment
conducted under subsection (a) and the study
conducted under subsection (c)--
[(i) adhere to the highest possible
standards of quality with respect to
research design, statistical analysis,
and the dissemination of findings; and
[(ii) use valid and reliable
measures to document program
implementation and impacts; and
[(B) to ensure--
[(i) that the final report
described in subsection (a)(6)(B) is
reviewed not later than 120 days after
its completion by not less than two
independent experts in program
evaluation (who may be from among the
members of the Review Panel appointed
under paragraph (2));
[(ii) that such experts evaluate
and comment on the degree to which the
report complies with subsection (a);
and
[(iii) that the comments of such
experts are transmitted with the report
under subsection (a)(6)(B).]
[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
[(a) In General.--From the funds appropriated for any
fiscal year under section 1002(e)(1), the Secretary may award
grants to State educational agencies, local educational
agencies, other public agencies, nonprofit organizations,
public or private partnerships involving business and industry
organizations, and consortia of such entities to carry out
demonstration projects that show the most promise of enabling
children served under this title to meet challenging State
academic content standards and challenging State student
academic achievement standards.
[(b) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
[(c) Partnerships.--From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or
through grants or contracts, work in partnership with State
educational agencies, local educational agencies, other public
agencies, and nonprofit organizations to disseminate and use
the highest quality research and knowledge about effective
practices to improve the quality of teaching and learning in
schools assisted under this title.]
[SEC. 1503. ASSESSMENT EVALUATION.
[(a) In General.--The Secretary shall conduct an
independent study of assessments used for State accountability
purposes and for making decisions about the promotion and
graduation of students. Such research shall be conducted over a
period not to exceed 5 years and shall address the components
described in subsection (d).
[(b) Contract Authorized.--The Secretary is authorized to
award a contract, through a peer review process, to an
organization or entity capable of conducting rigorous,
independent research. The Assistant Secretary of Educational
Research and Improvementshall appoint peer reviewers to
evaluate the applications for this contract.
[(c) Study.--The study shall--
[(1) synthesize and analyze existing research that
meets standards of quality and scientific rigor; and
[(2) evaluate academic assessment and
accountability systems in State educational agencies,
local educational agencies, and schools; and
[(3) make recommendations to the Department and to
the Committee on Education and the Workforce of the
United States House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the United States Senate, based on the findings of the
study.
[(d) Components of the Research Program.--The study
described in subsection (a) shall examine--
[(1) the effect of the assessment and
accountability systems described in section (c) on
students, teachers, parents, families, schools, school
districts, and States, including correlations between
such systems and--
[(A) student academic achievement, progress
to the State-defined level of proficiency, and
progress toward closing achievement gaps, based
on independent measures;
[(B) changes in course offerings, teaching
practices, course content, and instructional
material;
[(C) changes in turnover rates among
teachers, principals, and pupil-services
personnel;
[(D) changes in dropout, grade-retention,
and graduation rates for students; and
[(E) such other effects as may be
appropriate;
[(2) the effect of the academic assessments on
students with disabilities;
[(3) the effect of the academic assessments on low,
middle, and high socioeconomic status students, limited
and nonlimited English proficient students, racial and
ethnic minority students, and nonracial or nonethnic
minority students;
[(4) guidelines for assessing the validity,
reliability, and consistency of those systems using
nationally recognized professional and technical
standards;
[(5) the relationship between accountability
systems and the inclusion or exclusion of students from
the assessment system; and
[(6) such other factors as the Secretary finds
appropriate.
[(e) Reporting.--Not later than 3 years after the contract
described in subsection (b) is awarded, the organization or
entity conducting the study shall submit an interim report to
the Committee on Education and the Workforce of the United
States House of Representatives and the Committee on Health,
Education, Labor and Pensions of the United States Senate, and
to the President and the States, and shall make the report
widely available to the public. The organization or entity
shall submit a final report to the same recipients as soon as
possible after the completion of the study. Additional reports
may be periodically prepared and released as necessary.
[(f) Reservation of Funds.--The Secretary may reserve up to
15 percent of the funds authorized to be appropriated for this
part to carry out the study, except such reservation of funds
shall not exceed $1,500,000.]
[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
[(a) Program for Middle School and Secondary School
Students.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
middle school and secondary school students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
programs described in subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by students pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made to
economically disadvantaged middle
school and secondary school students;
[(ii) every effort shall be made to
ensure the participation of students
from rural, small town, and urban
areas;
[(iii) in awarding the fellowships
to economically disadvantaged students,
special consideration shall be given to
the participation of those students
with special educational needs,
including students with disabilities,
ethnic minority students, and students
with migrant parents; and
[(iv) the funds received under this
subsection shall be properly disbursed.
[(b) Program for Middle School and Secondary School
Teachers.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of professional development for middle
school and secondary school teachers and its
programs to increase civic responsibility and
understanding of the Federal Government among
the teachers' students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to teachers who
participate in the programs described in
subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by teachers pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made
only to a teacher who has worked with
at least one student from such
teacher's school who participates in a
program described in subsection
(a)(1)(A);
[(ii) no teacher shall receive more
than one such fellowship in any fiscal
year; and
[(iii) the funds received under
this subsection shall be properly
disbursed.
[(c) Programs for New Americans.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
economically disadvantaged middle school and
secondary school recent immigrant students.
[(B) Definition.--In this subsection, the
term ``recent immigrant student'' means a
student who is a member of a family that
immigrated to the United States within 5 years
of the student's participation in such a
program.
[(C) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged recent immigrant students and
their teachers who participate in the programs
described in subparagraph (A).
[(D) Name of fellowships.--Financial
assistance received by students and teachers
pursuant to this subsection shall be known as
Close Up Fellowships for New Americans.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up Fellowships for New
Americans shall be made to economically
disadvantaged middle school and
secondary school recent immigrant
students;
[(ii) every effort shall be made to
ensure the participation of recent
immigrant students from rural, small
town, and urban areas;
[(iii) in awarding the fellowships
to economically disadvantaged recent
immigrant students, special
consideration shall be given to the
participation of those students with
special educational needs, including
students with disabilities, students
with migrant parents, and ethnic
minority students;
[(iv) fully describe the activities
to be carried out with the proceeds of
the grant made under paragraph (1); and
[(v) the funds received under this
subsection shall be properly disbursed.
[(d) General Provisions.--
[(1) Administrative provisions.--
[(A) Accountability.--In consultation with
the Secretary, the Close Up Foundation shall
devise and implement procedures to measure the
efficacy of the programs authorized in
subsections (a), (b), and (c) in attaining
objectives that include the following:
[(i) Providing young people with an
increased understanding of the Federal
Government.
[(ii) Heightening a sense of civic
responsibility among young people.
[(iii) Enhancing the skills of
educators in teaching young people
about civic responsibility, the Federal
Government, and attaining citizenship
competencies.
[(B) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayments or overpayments.
[(C) Audit rule.--The Comptroller General
of the United States or any of the Comptroller
General's duly authorized representatives shall
have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
[(2) Continuation of awards.--Notwithstanding any
other provision of this Act, any person or entity that
was awarded a grant under part G of title X before the
date of enactment of the No Child Left Behind Act of
2001 shall continue to receive funds in accordance with
the terms of such award until the date on which the
award period terminates under such terms.]
[PART F--COMPREHENSIVE SCHOOL REFORM]
[SEC. 1601. PURPOSE.
[The purpose of this part is to provide financial
incentives for schools to develop comprehensive school reforms,
based upon scientifically based research and effective
practices that include an emphasis on basic academics and
parental involvement so that all children can meet challenging
State academic content and academic achievement standards.]
[SEC. 1602. PROGRAM AUTHORIZATION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to State educational agencies, from
allotments under paragraph (2), to enable the State
educational agencies to award subgrants to local
educational agencies to carry out the purpose described
in section 1601.
[(2) Allotments.--
[(A) Reservations.--Of the amount
appropriated under section 1002(f), the
Secretary may reserve--
[(i) not more than 1 percent for
each fiscal year to provide assistance
to schools supported by the Bureau of
Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands according to their
respective needs for assistance under
this part;
[(ii) not more than 1 percent for
each fiscal year to conduct national
evaluation activities described in
section 1607; and
[(iii) not more than 3 percent of
the amount appropriated in fiscal year
2002 to carry out this part, for
quality initiatives described in
section 1608.
[(B) In general.--Of the amount
appropriated under section 1002(f) that remains
after making the reservation under subparagraph
(A) for a fiscal year, the Secretary shall
allot to each State for the fiscal year an
amount that bears the same ratio to the
remainder for that fiscal year as the amount
made available under section 1124 to the State
for the preceding fiscal year bears to the
total amount made available under section 1124
to all States for that year.
[(C) Reallotment.--If a State does not
apply for funds under this section, the
Secretary shall reallot such funds to other
States that do apply in proportion to the
amount allotted to such other States under
subparagraph (B).]
[SEC. 1603. STATE APPLICATIONS.
[(a) In General.--Each State educational agency that
desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
[(b) Contents.--Each such application shall describe--
[(1) the process and selection criteria by which
the State educational agency, using expert review, will
select local educational agencies to receive subgrants
under this part;
[(2) how the State educational agency will ensure
that funds under this part are limited to comprehensive
school reform programs that--
[(A) include each of the components
described in section 1606(a);
[(B) have the capacity to improve the
academic achievement of all students in core
academic subjects within participating schools;
and
[(C) are supported by technical assistance
providers that have a successful track record,
financial stability, and the capacity to
deliver high quality materials, professional
development for school personnel, and on-site
support during the full implementation period
of the reforms;
[(3) how the State educational agency will
disseminate materials and information on comprehensive
school reforms that are based on scientifically based
research and effective practices;
[(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in
increased student academic achievement; and
[(5) how the State educational agency will provide
technical assistance to the local educational agency or
consortia of local educational agencies, and to
participating schools, in evaluating, developing, and
implementing comprehensive school reform.
[SEC. 1604. STATE USE OF FUNDS.
[(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A, to support comprehensive school reforms in schools that are
eligible for funds under part A.
[(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
[(1) of sufficient size and scope to support the
initial costs of comprehensive school reforms selected
or designed by each school identified in the
application of the local educational agency or
consortium;
[(2) in an amount not less than $50,000--
[(A) for each participating school; or
[(B) for each participating consortium of
small schools (which for purposes of this
subparagraph means a consortium of small
schools serving a total of not more than 500
students); and
[(3) renewable for two additional 1-year subgrant
periods after the initial 1-year subgrant is made if
the school is or the schools are making substantial
progress in the implementation of reforms.
[(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
[(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
[(2) demonstrate a commitment to assist schools
with budget allocation, professional development, and
other strategies necessary to ensure the comprehensive
school reforms are properly implemented and are
sustained in the future.
[(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary and
secondary students.
[(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and
technical assistance expenses.
[(f) Supplement.--Funds made available under this part
shall be used to supplement, and not supplant, any other
Federal, State, or local funds that would otherwise be
available to carry out the activities assisted under this part.
[(g) Reporting.--Each State educational agency that
receives a grant under this part shall provide to the Secretary
such information as the Secretary may require, including the
names of local educational agencies and schools receiving
assistance under this part, the amount of the assistance, a
description of the comprehensive school reforms selected and
used, and a copy of the State's annual evaluation of the
implementation of comprehensive school reforms supported under
this part and the student achievement results.]
[SEC. 1605. LOCAL APPLICATIONS.
[(a) In General.--Each local educational agency or
consortium of local educational agencies desiring a subgrant
under this part shall submit an application to the State
educational agency at such time, in such manner, and containing
such information as the State educational agency may reasonably
require.
[(b) Contents.--Each such application shall--
[(1) identify the schools that are eligible for
assistance under part A and plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
[(2) describe the comprehensive school reforms
based on scientifically based research and effective
practices that such schools will implement;
[(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
comprehensive school reforms based on scientifically
based research and effective practices selected by such
schools; and
[(4) describe how the local educational agency or
consortium will evaluate the implementation of such
comprehensive school reforms and measure the results
achieved in improving student academic achievement.]
[SEC. 1606. LOCAL USE OF FUNDS.
[(a) Uses of Funds.--A local educational agency or
consortium that receives a subgrant under this part shall
provide the subgrant funds to schools that are eligible for
assistance under part A and served by the agency, to enable the
schools to implement a comprehensive school reform program
that--
[(1) employs proven strategies and proven methods
for student learning, teaching, and school management
that are based on scientifically based research and
effective practices and have been replicated
successfully in schools;
[(2) integrates a comprehensive design for
effective school functioning, including instruction,
assessment, classroom management, professional
development, parental involvement, and school
management, that aligns the school's curriculum,
technology, and professional development into a
comprehensive school reform plan for schoolwide change
designed to enable all students to meet challenging
State content and student academic achievement
standards and addresses needs identified through a
school needs assessment;
[(3) provides high quality and continuous teacher
and staff professional development;
[(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
[(5) is supported by teachers, principals,
administrators, school personnel staff, and other
professional staff;
[(6) provides support for teachers, principals,
administrators, and other school staff;
[(7) provides for the meaningful involvement of
parents and the local community in planning,
implementing, and evaluating school improvement
activities consistent with section 1118;
[(8) uses high quality external technical support
and assistance from an entity that has experience and
expertise in schoolwide reform and improvement, which
may include an institution of higher education;
[(9) includes a plan for the annual evaluation of
the implementation of school reforms and the student
results achieved;
[(10) identifies other resources, including
Federal, State, local, and private resources, that
shall be used to coordinate services that will support
and sustain the comprehensive school reform effort; and
[(11)(A) has been found, through scientifically
based research to significantly improve the academic
achievement of students participating in such program
as compared to students in schools who have not
participated in such program; or
[(B) has been found to have strong evidence that
such program will significantly improve the academic
achievement of participating children.
[(b) Special Rule.--A school that receives funds to develop
a comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop the
school's own comprehensive school reform program for schoolwide
change as described in subsection (a).]
[SEC. 1607. EVALUATION AND REPORTS.
[(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
[(b) Evaluation.--The national evaluation shall--
[(1) evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms; and
[(2) assess the effectiveness of comprehensive
school reforms in schools with diverse characteristics.
[(c) Reports.--The Secretary shall submit a report
describing the results of the evaluation under subsection (b)
for the Comprehensive School Reform Program to the Committee on
Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.]
[SEC. 1608. QUALITY INITIATIVES.
[The Secretary, through grants or contracts, shall provide
funds for--
[(1) a public-private effort, in which funds are
matched by private organizations, to assist States,
local educational agencies, and schools, in making
informed decisions regarding approving or selecting
providers of comprehensive school reform, consistent
with the requirements described in section 1606(a); and
[(2) activities to foster the development of
comprehensive school reform models and to provide
effective capacity building for comprehensive school
reform providers to expand their work in more schools,
assure quality, and promote financial stability.]
[PART G--ADVANCED PLACEMENT PROGRAMS]
[SEC. 1701. SHORT TITLE.
[This part may be cited as the ``Access to High Standards
Act''.]
[SEC. 1702. PURPOSES.
[The purposes of this part are--
[(1) to support State and local efforts to raise
academic standards through advanced placement programs,
and thus further increase the number of students who
participate and succeed in advanced placement programs;
[(2) to encourage more of the 600,000 students who
take advanced placement courses each year but do not
take advanced placement exams each year, to demonstrate
their achievements through taking the exams;
[(3) to build on the many benefits of advanced
placement programs for students, which benefits may
include the acquisition of skills that are important to
many employers, Scholastic Aptitude Test (SAT) scores
that are 100 points above the national averages, and
the achievement of better grades in secondary school
and in college than the grades of students who have not
participated in the programs;
[(4) to increase the availability and broaden the
range of schools, including middle schools, that have
advanced placement and pre-advanced placement programs;
[(5) to demonstrate that larger and more diverse
groups of students can participate and succeed in
advanced placement programs;
[(6) to provide greater access to advanced
placement and pre-advanced placement courses and highly
trained teachers for low-income and other disadvantaged
students;
[(7) to provide access to advanced placement
courses for secondary school students at schools that
do not offer advanced placement programs, increase the
rate at which secondary school students participate in
advanced placement courses, and increase the numbers of
students who receive advanced placement test scores for
which college academic credit is awarded;
[(8) to increase the participation of low-income
individuals in taking advanced placement tests through
the payment or partial payment of the costs of the
advanced placement test fees; and
[(9) to increase the number of individuals that
achieve a baccalaureate or advanced degree, and to
decrease the amount of time such individuals require to
attain such degrees.]
[SEC. 1703. FUNDING DISTRIBUTION RULE.
[From amounts appropriated under section 1002(g) for a
fiscal year, the Secretary shall give priority to funding
activities under section 1704 and shall distribute any
remaining funds under section 1705.]
[SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.
[(a) Grants Authorized.--From amounts made available under
section 1703 for a fiscal year, the Secretary shall award
grants to State educational agencies having applications
approved under this section to enable the State educational
agencies to reimburse low-income individuals to cover part or
all of the costs of advanced placement test fees, if the low-
income individuals--
[(1) are enrolled in an advanced placement course;
and
[(2) plan to take an advanced placement test.
[(b) Award Basis.--In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all the States.
[(c) Information Dissemination.--A State educational agency
awarded a grant under this section shall disseminate
information regarding the availability of advanced placement
test fee payments under this section to eligible individuals
through secondary school teachers and guidance counselors.
[(d) Applications.--Each State educational agency desiring
to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
At a minimum, each State educational agency application shall--
[(1) describe the advanced placement test fees the
State educational agency will pay on behalf of low-
income individuals in the State from grant funds
awarded under this section;
[(2) provide an assurance that any grant funds
awarded under this section shall be used only to pay
for advanced placement test fees; and
[(3) contain such information as the Secretary may
require to demonstrate that the State educational
agency will ensure that a student is eligible for
payments authorized under this section, including
documentation required under chapter 1 of subpart 2 of
part A of title IV of the Higher Education Act of 1965.
[(e) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
[(f) Report.--
[(1) In general.--Each State educational agency
awarded a grant under this section shall, with respect
to each advanced placement subject, annually report to
the Secretary on--
[(A) the number of students in the State
who are taking an advanced placement course in
that subject;
[(B) the number of advanced placement tests
taken by students in the State who have taken
an advanced placement course in that subject;
[(C) the number of students in the State
scoring at different levels on advanced
placement tests in that subject; and
[(D) demographic information regarding
individuals in the State taking advanced
placement courses and tests in that subject
disaggregated by race, ethnicity, sex, English
proficiency status, and socioeconomic status.
[(2) Report to congress.--The Secretary shall
annually compile the information received from each
State educational agency under paragraph (1) and report
to the appropriate committees of Congress regarding the
information.
[(g) BIA as SEA.--For purposes of this section the Bureau
of Indian Affairs shall be treated as a State educational
agency.]
[SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available under
section 1703 for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible
entities to enable those entities to carry out the
authorized activities described in subsection (d).
[(2) Duration and payments.--
[(A) Duration.--The Secretary shall award a
grant under this section for a period of not
more than 3 years.
[(B) Payments.--The Secretary shall make
grant payments under this section on an annual
basis.
[(3) Definition of eligible entity.--In this
section, the term ``eligible entity'' means a State
educational agency, local educational agency, or
national nonprofit educational entity with expertise in
advanced placement services.
[(b) 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 require.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that
submits an application under subsection (b) that--
[(1) demonstrates a pervasive need for access to
advanced placement incentive programs;
[(2) provides for the involvement of business and
community organizations in the activities to be
assisted;
[(3) assures the availability of matching funds
from State, local, or other sources to pay for the cost
of activities to be assisted;
[(4) demonstrates a focus on developing or
expanding advanced placement programs and participation
in the core academic areas of English, mathematics, and
science;
[(5) demonstrates an intent to carry out activities
that target--
[(A) local educational agencies serving
schools with a high concentration of low-income
students; or
[(B) schools with a high concentration of
low-income students; and
[(6) in the case of a local educational agency,
assures that the local educational agency serves
schools with a high concentration of low-income
students; or
[(7) demonstrates an intent to carry out activities
to increase the availability of, and participation in,
on-line advanced placement courses.
[(d) Authorized Activities.--
[(1) In general.--Subject to paragraph (2), an
eligible entity shall use grant funds made available
under this section to expand access for low-income
individuals to advanced placement incentive programs
that involve--
[(A) teacher training;
[(B) pre-advanced placement course
development;
[(C) coordination and articulation between
grade levels to prepare students for academic
achievement in advanced placement courses;
[(D) books and supplies; or
[(E) activities to increase the
availability of, and participation in, on-line
advanced placement courses; or
[(F) any other activity directly related to
expanding access to and participation in
advanced placement incentive programs,
particularly for low-income individuals.
[(2) State educational agency.--In the case of an
eligible entity that is a State educational agency, the
entity may use grant funds made available under this
section to award subgrants to local educational
agencies to enable the local educational agencies to
carry out the activities under paragraph (1).
[(e) Contracts.--An eligible entity awarded a grant to
provide online advanced placement courses under this part may
enter into a contract with a nonprofit or for profit
organization to provide the online advanced placement courses,
including contracting for necessary support services.
[(f) Data Collection and Reporting.--
[(1) Data collection.--Each eligible entity awarded
a grant under this section shall, with respect to each
advanced placement subject, annually report to the
Secretary on--
[(A) the number of students served by the
eligible entity who are taking an advanced
placement course in that subject;
[(B) the number of advanced placement tests
taken by students served by the eligible entity
in that subject;
[(C) the number of students served by the
eligible entity scoring at different levels on
advanced placement tests in that subject; and
[(D) demographic information regarding
individuals served by such agency who taking
advanced placement courses and tests in that
subject disaggregated by race, ethnicity, sex,
English proficiency status, and socioeconomic
status.
[(2) Report.--The Secretary shall annually compile
the information received from each eligible entity
under paragraph (1) and report to the appropriate
committees of Congress regarding the information.]
[SEC. 1706. SUPPLEMENT, NOT SUPPLANT.
[Grant funds provided under this part shall supplement, and
not supplant, other non-Federal funds that are available to
assist low-income individuals to pay for the cost of advanced
placement test fees or to expand access to advanced placement
and pre-advanced placement courses.]
[SEC. 1707. DEFINITIONS.
[In this part:
[(1) Advanced placement test.--The term ``advanced
placement test'' means an advanced placement test
administered by the College Board or approved by the
Secretary.
[(2) High concentration of low-income students.--
The term ``high concentration of low-income students'',
used with respect to a school, means a school that
serves a student population 40 percent or more of whom
are low-income individuals.
[(3) Low-income individual.--The term ``low-income
individual'' means an individual who is determined by a
State educational agency or local educational agency to
be a child, ages 5 through 19, from a low-income
family, on the basis of data used by the Secretary to
determine allocations under section 1124 of this Act,
data on children eligible for free or reduced-price
lunches under the National School Lunch Act, data on
children in families receiving assistance under part A
of title IV of the Social Security Act, or data on
children eligible to receive medical assistance under
the medicaid program under title XIX of the Social
Security Act, or through an alternate method that
combines or extrapolates from those data.]
[PART H--SCHOOL DROPOUT PREVENTION]
[SEC. 1801. SHORT TITLE.
[This part may be cited as the ``Dropout Prevention Act''.]
[SEC. 1802. 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. 1803. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $125,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5 succeeding
fiscal years, of which--
[(1) 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. 1811. 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
for all students--
[(A) in that secondary school or charter
school; or
[(B) in the case of a middle school, 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. 1821. 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. 1822. 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 1803 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
1803 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 1803 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;
[(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;
[(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. 1823. 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 about
school dropout prevention and reentry.
[(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. 1824. 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. 1825. 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. 1826. 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. 1827. 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. 1828. 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. 1829. 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. 1830. [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
race and ethnicity, 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.]
[PART I]PART E--GENERAL PROVISIONS
[SEC. 1901]SEC. 1501. FEDERAL REGULATIONS.
(a) In General.--The Secretary may issue, in accordance
with subsections (b) through (d), such regulations as are
necessary to reasonably ensure that there is compliance with
this title.
(b) Negotiated Rulemaking Process.--
(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers,
principals, other school leaders, paraprofessionals,
and members of local school boards and other
organizations involved with the implementation and
operation of programs under this title.
(2) Meetings and electronic exchange.--Such advice
and recommendations may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information. All information from such
regional meetings and electronic exchanges shall be
made public in an easily accessible manner to
interested parties.
(3) Proposed regulations.--After obtaining such
advice and recommendations, and before publishing
proposed regulations, the Secretary shall--
(A) establish a negotiated rulemaking
process on, at a minimum, [standards and
assessments]standards, assessments, the State
accountability system under section 1111(b)(3),
school intervention and support under section
1114, and the requirement that funds be
supplemented and not supplanted under section
1117;;
* * * * * * *
[(4) Process.--Such process--
[(A) shall be conducted in a timely manner
to ensure that final regulations are issued by
the Secretary not later than 1 year after the
date of enactment of the No Child Left Behind
Act of 2001; and
[(B) shall not be subject to the Federal
Advisory Committee Act, but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).]
(4) Process.--Such process shall not be subject to
the Federal Advisory Committee Act, but shall, unless
otherwise provided as described in subsection (c),
follow the provisions of the Negotiated Rulemaking Act
of 1990 (5 U.S.C. 561 et seq.).
[(5) Emergency situation.--In an emergency
situation in which regulations to carry out this title
must be issued within a very limited time to assist
State educational agencies and local educational
agencies with the operation of a program under this
title, the Secretary may issue proposed regulations
without following such process but shall, immediately
thereafter and before issuing final regulations,
conduct regional meetings to review such proposed
regulations.]
(5) Emergency situation.--In an emergency situation
in which regulations to carry out this title must be
issued within a very limited time to assist State
educational agencies and local educational agencies
with the operation of a program under this title, the
Secretary may issue a proposed regulation without
following such process but shall--
(A) designate the proposed regulation as an
emergency with an explanation of the emergency
in a notice provided to Congress;
(B) publish the duration of the comment and
review period in such notice and in the Federal
Register; and
(C) conduct regional meetings to review
such proposed regulation before issuing any
final regulation.
(c) Alternative Process if Failure to Reach Consensus.--If
consensus, as defined in section 562 of title 5, United States
Code, on any proposed regulation is not reached by the
individuals selected under paragraph (3)(B) for the negotiated
rulemaking process, or if the Secretary determines that a
negotiated rulemaking process is unnecessary, the Secretary may
propose a regulation in the following manner:
(1) Notice to congress.--Not less than 30 days
prior to issuing a notice of proposed rulemaking in the
Federal Register, the Secretary shall provide to the
Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on Education and the
Workforce of the House of Representatives, and other
relevant congressional committees, notice of the
Secretary's intent to issue a notice of proposed
rulemaking that shall include--
(A) a copy of the regulation to be
proposed;
(B) a justification of the need to issue a
regulation;
(C) the anticipated burden, including the
time, cost, and paperwork burden, the
regulations will have on State educational
agencies, local educational agencies, schools,
and other entities that may be impacted by the
regulation;
(D) the anticipated benefits to State
educational agencies, local educational
agencies, schools, and other entities that may
be impacted by the regulation;
(E) any regulations that will be repealed
when the new regulations are issued; and
(F) an opportunity to comment on the
information in subparagraphs (A) through (E).
(2) Comment period for congress.--The Secretary
shall provide Congress with a 15-day period, beginning
after the date on which the Secretary provided the
notice of any proposed rulemaking to Congress under
paragraph (1), to make comments on the proposed rule.
After addressing all comments received from Congress
during such period, the Secretary may proceed with the
rulemaking process under section 553 of title 5, United
States Code, as modified by this section.
(3) Public comment and review period.--The public
comment and review period for any proposed regulation
shall be not less than 90 days unless an emergency
requires a shorter period, in which case the Secretary
shall comply with the process outlined in subsection
(b)(5).
(4) Assessment.--No regulation shall be made final
after the comment and review period described in
paragraph (3) until the Secretary has published in the
Federal Register--
(A) an assessment of the proposed
regulation that--
(i) includes a representative
sampling of local educational agencies
based on enrollment, geographic
diversity (including suburban, urban,
and rural local educational agencies),
and other factors impacted by the
proposed regulation;
(ii) addresses the burden,
including the time, cost, and paperwork
burden, that the regulation will impose
on State educational agencies, local
educational agencies, schools, and
other entities that may be impacted by
the regulation;
(iii) addresses the benefits to
State educational agencies, local
educational agencies, schools, and
other entities that may be impacted by
the regulation; and
(iv) thoroughly addresses, based on
the comments received during the
comment and review period under
paragraph (3), whether the rule is
financially and operationally viable at
the local level; and
(B) an explanation of how the entities
described in subparagraph (A)(ii) may cover the
cost of the burden assessed under such
subparagraph.
[(c)](d) Limitation.--Regulations to carry out this part
may not require local programs to follow a particular
instructional model, such as the provision of services outside
the regular classroom or school program.
(e) Rule of Construction.--Nothing in this section affects
the applicability of subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedure Act'') or chapter 8 of title 5,
United States Code (commonly known as the ``Congressional
Review Act'').
[SEC. 1902]SEC. 1502. AGREEMENTS AND RECORDS.
(a) Agreements.--All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in [section 1901]section 1501 unless the Secretary
reopens the negotiated rulemaking process [or provides a
written explanation to the participants involved in the process
explaining why the Secretary decided to depart from, and not
adhere to, such agreements.]or where negotiated rulemaking is
not pursued, shall conform to section 1501(c).
(b) Records.--The Secretary shall ensure that an accurate
and reliable record of agreements reached during the
negotiations process is maintained.
[SEC. 1903]SEC. 1503. STATE ADMINISTRATION.
(a) Rulemaking.--
(1) In general.--Each State that receives funds
under this title shall--
(A) * * *
* * * * * * *
(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State [student
academic achievement]academic standards.
(b) Committee of Practitioners.--
(1) In general.--* * *
(2) Membership.--Each such committee shall
include--
(A) * * *
* * * * * * *
(C) teachers[, including vocational
educators];
* * * * * * *
(F) representatives of private school
children; [and]
[(G) pupil services personnel.]
(G) specialized instructional support
personnel;
(H) representatives of charter schools, as
appropriate; and
(I) paraprofessionals.
(3) Duties.--* * *
* * * * * * *
[SEC. 1905]SEC. 1504. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,
OR CONTROL.
* * *
[SEC. 1906]SEC. 1505. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
* * *
[SEC. 1907. STATE REPORT ON DROPOUT DATA.
[Not later than 1 year after a State educational agency
receives funds under this title, the agency shall report to the
Secretary and statewide, all school district data regarding
annual school dropout rates in the State disaggregated by race
and ethnicity according to procedures that conform with the
National Center for Education Statistics' Common Core of Data.]
[SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.
[The Secretary shall issue regulations for sections 1111
and 1116 not later than 6 months after the date of enactment of
the No Child Left Behind Act of 2001.]
[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS
AND PRINCIPALS]
[PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND]
[SEC. 2101. PURPOSE.
[The purpose of this part is to provide grants to State
educational agencies, local educational agencies, State
agencies for higher education, and eligible partnerships in
order to--
[(1) increase student academic achievement through
strategies such as improving teacher and principal
quality and increasing the number of highly qualified
teachers in the classroom and highly qualified
principals and assistant principals in schools; and
[(2) hold local educational agencies and schools
accountable for improvements in student academic
achievement.]
[SEC. 2102. DEFINITIONS.
[In this part:
[(1) Arts and sciences.--The term ``arts and
sciences'' means--
[(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers one or more academic
majors in disciplines or content areas
corresponding to the academic subjects in which
teachers teach; and
[(B) when referring to a specific academic
subject, the disciplines or content areas in
which an academic major is offered by an
organizational unit described in subparagraph
(A).
[(2) Charter school.--The term ``charter school''
has the meaning given the term in section 5210.
[(3) 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.
[(4) Highly qualified paraprofessional.--The term
``highly qualified paraprofessional'' means a
paraprofessional who has not less than 2 years of--
[(A) experience in a classroom; and
[(B) postsecondary education or
demonstrated competence in a field or academic
subject for which there is a significant
shortage of qualified teachers.
[(5) Out-of-field teacher.--The term ``out-of-field
teacher'' means a teacher who is teaching an academic
subject or a grade level for which the teacher is not
highly qualified.
[(6) Principal.--The term ``principal'' includes an
assistant principal.]
[SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Grants to States, Local Educational Agencies, and
Eligible Partnerships.--There are authorized to be appropriated
to carry out this part (other than subpart 5) $3,175,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(b) National Programs.--There are authorized to be
appropriated to carry out subpart 5 such sums as may be
necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.]
[Subpart 1--Grants to States]
[SEC. 2111. ALLOTMENTS TO STATES.
[(a) In General.--The Secretary shall make grants to States
with applications approved under section 2112 to pay for the
Federal share of the cost of carrying out the activities
specified in section 2113. Each grant shall consist of the
allotment determined for a State under subsection (b).
[(b) Determination of Allotments.--
[(1) Reservation of funds.--
[(A) In general.--From the total amount
appropriated under section 2103(a) for a fiscal
year, the Secretary shall reserve--
[(i) one-half of 1 percent for
allotments for the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands, to be distributed among those
outlying areas on the basis of their
relative need, as determined by the
Secretary, in accordance with the
purpose of this part; and
[(ii) one-half of 1 percent for the
Secretary of the Interior for programs
under this part in schools operated or
funded by the Bureau of Indian Affairs.
[(2) State allotments.--
[(A) Hold harmless.--
[(i) In general.--Subject to
subparagraph (B), from the funds
appropriated under section 2103(a) for
any fiscal year and not reserved under
paragraph (1), the Secretary shall
allot to each of the 50 States, the
District of Columbia, and the
Commonwealth of Puerto Rico an amount
equal to the total amount that such
State received for fiscal year 2001
under--
[(I) section 2202(b) of
this Act (as in effect on the
day before the date of
enactment of the No Child Left
Behind Act of 2001); and
[(II) section 306 of the
Department of Education
Appropriations Act, 2001 (as
enacted into law by section
1(a)(1) of Public Law 106-554).
[(ii) Ratable reduction.--If the
funds described in clause (i) are
insufficient to pay the full amounts
that all States are eligible to receive
under clause (i) for any fiscal year,
the Secretary shall ratably reduce
those amounts for the fiscal year.
[(B) Allotment of additional funds.--
[(i) In general.--Subject to clause
(ii), for any fiscal year for which the
funds appropriated under section
2103(a) and not reserved under
paragraph (1) exceed the total amount
required to make allotments under
subparagraph (A), the Secretary shall
allot to each of the States described
in subparagraph (A) the sum of--
[(I) an amount that bears
the same relationship to 35
percent of the excess amount as
the number of individuals age 5
through 17 in the State, as
determined by the Secretary on
the basis of the most recent
satisfactory data, bears to the
number of those individuals in
all such States, as so
determined; and
[(II) an amount that bears
the same relationship to 65
percent of the excess amount as
the number of individuals age 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.
[(ii) Exception.--No State
receiving an allotment under clause (i)
may receive less than one-half of 1
percent of the total excess amount
allotted under such clause for a fiscal
year.
[(3) Reallotment.--If any State does not apply for
an allotment under this subsection for any fiscal year,
the Secretary shall reallot the amount of the allotment
to the remaining States in accordance with this
subsection.]
[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.
[(b) Contents.--Each application submitted under this
section shall include the following:
[(1) A description of how the activities to be
carried out by the State educational agency under this
subpart will be based on a review of scientifically
based research and an explanation of why the activities
are expected to improve student academic achievement.
[(2) A description of how the State educational
agency will ensure that a local educational agency
receiving a subgrant to carry out subpart 2 will comply
with the requirements of such subpart.
[(3) A description of how the State educational
agency will ensure that activities assisted under this
subpart are aligned with challenging State academic
content and student academic achievement standards,
State assessments, and State and local curricula.
[(4) A description of how the State educational
agency will use funds under this part to improve the
quality of the State's teachers and principals.
[(5)(A) A description of how the State educational
agency will coordinate professional development
activities authorized under this part with professional
development activities provided under other Federal,
State, and local programs.
[(B) A description of the comprehensive strategy
that the State educational agency will use, as part of
such coordination effort, to ensure that teachers are
trained in the use of technology so that technology and
applications of technology are effectively used in the
classroom to improve teaching and learning in all
curricula and academic subjects, as appropriate.
[(6) A description of how the State educational
agency will encourage the development of proven,
innovative strategies to deliver intensive professional
development programs that are both cost-effective and
easily accessible, such as strategies that involve
delivery through the use of technology, peer networks,
and distance learning.
[(7)(A) A description of how the State educational
agency will ensure compliance with the requirements for
professional development activities described in
section 9101 and how the activities to be carried out
under the grant will be developed collaboratively and
based on the input of teachers, principals, parents,
administrators, paraprofessionals, and other school
personnel.
[(B) In the case of a State in which the State
educational agency is not the entity responsible for
teacher professional standards, certification, and
licensing, an assurance that the State activities
carried out under this subpart are carried out in
conjunction with the entity responsible for such
standards, certification, and licensing under State
law.
[(8) A description of how the State educational
agency will ensure that the professional development
(including teacher mentoring) needs of teachers will be
met using funds under this subpart and subpart 2.
[(9) A description of the State educational
agency's annual measurable objectives under section
1119(a)(2).
[(10) A description of how the State educational
agency will use funds under this part to meet the
teacher and paraprofessional requirements of section
1119 and how the State educational agency will hold
local educational agencies accountable for meeting the
annual measurable objectives described in section
1119(a)(2).
[(11) In the case of a State that has a charter
school law that exempts teachers from State
certification and licensing requirements, the specific
portion of the State law that provides for the
exemption.
[(12) An assurance that the State educational
agency will comply with section 9501 (regarding
participation by private school children and teachers).
[(c) 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 subpart.
[(d) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and an opportunity for a hearing.
[(e) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this subpart, 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.
[(f) Response.--If the State educational agency responds to
the Secretary's notification described in subsection (e)(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
(e)(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 (c).
[(g) Failure To Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (e)(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. 2113. STATE USE OF FUNDS.
[(a) In General.--A State that receives a grant under
section 2111 shall--
[(1) reserve 95 percent of the funds made available
through the grant to make subgrants to local
educational agencies as described in subpart 2;
[(2) reserve 2.5 percent (or, for a fiscal year
described in subsection (b), the percentage determined
under subsection (b)) of the funds to make subgrants to
local partnerships as described in subpart 3; and
[(3) use the remainder of the funds for State
activities described in subsection (c).
[(b) Special Rule.--For any fiscal year for which the total
amount that would be reserved by all States under subsection
(a)(2), if the States applied a 2.5 percentage rate, exceeds
$125,000,000, the Secretary shall determine an alternative
percentage that the States shall apply for that fiscal year
under subsection (a)(2) so that the total amount reserved by
all States under subsection (a)(2) equals $125,000,000.
[(c) State Activities.--The State educational agency for a
State that receives a grant under section 2111 shall use the
funds described in subsection (a)(3) to carry out one or more
of the following activities, which may be carried out through a
grant or contract with a for-profit or nonprofit entity:
[(1) Reforming teacher and principal certification
(including recertification) or licensing requirements
to ensure that--
[(A)(i) teachers have the necessary subject
matter knowledge and teaching skills in the
academic subjects that the teachers teach; and
[(ii) principals have the instructional
leadership skills to help teachers teach and
students learn;
[(B) teacher certification (including
recertification) or licensing requirements are
aligned with challenging State academic content
standards; and
[(C) teachers have the subject matter
knowledge and teaching skills, including
technology literacy, and principals have the
instructional leadership skills, necessary to
help students meet challenging State student
academic achievement standards.
[(2) Carrying out programs that provide support to
teachers or principals, including support for teachers
and principals new to their profession, such as
programs that--
[(A) provide teacher mentoring, team
teaching, reduced class schedules, and
intensive professional development; and
[(B) use standards or assessments for
guiding beginning teachers that are consistent
with challenging State student academic
achievement standards and with the requirements
for professional development activities
described in section 9101.
[(3) Carrying out programs that establish, expand,
or improve alternative routes for State certification
of teachers and principals, especially in the areas of
mathematics and science, for highly qualified
individuals with a baccalaureate or master's degree,
including mid-career professionals from other
occupations, paraprofessionals, former military
personnel, and recent college or university graduates
with records of academic distinction who demonstrate
the potential to become highly effective teachers or
principals.
[(4) Developing and implementing mechanisms to
assist local educational agencies and schools in
effectively recruiting and retaining highly qualified
teachers, including specialists in core academic
subjects, principals, and pupil services personnel,
except that funds made available under this paragraph
may be used for pupil services personnel only--
[(A) if the State educational agency is
making progress toward meeting the annual
measurable objectives described in section
1119(a)(2); and
[(B) in a manner consistent with mechanisms
to assist local educational agencies and
schools in effectively recruiting and retaining
highly qualified teachers and principals.
[(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing
teacher testing for State certification or licensing,
consistent with title II of the Higher Education Act of
1965.
[(6) Providing professional development for
teachers and principals and, in cases in which a State
educational agency determines support to be
appropriate, supporting the participation of pupil
services personnel in the same type of professional
development activities as are made available to
teachers and principals.
[(7) Developing systems to measure the
effectiveness of specific professional development
programs and strategies to document gains in student
academic achievement or increases in teacher mastery of
the academic subjects the teachers teach.
[(8) Fulfilling the State educational agency's
responsibilities concerning proper and efficient
administration of the programs carried out under this
part, including provision of technical assistance to
local educational agencies.
[(9) Funding projects to promote reciprocity of
teacher and principal certification or licensing
between or among States, except that no reciprocity
agreement developed under this paragraph or developed
using funds provided under this part may lead to the
weakening of any State teaching certification or
licensing requirement.
[(10) Developing or assisting local educational
agencies in the development and use of proven,
innovative strategies to deliver intensive professional
development programs that are both cost-effective and
easily accessible, such as strategies that involve
delivery through the use of technology, peer networks,
and distance learning.
[(11) Encouraging and supporting the training of
teachers and administrators to effectively integrate
technology into curricula and instruction, including
training to improve the ability to collect, manage, and
analyze data to improve teaching, decisionmaking,
school improvement efforts, and accountability.
[(12) Developing, or assisting local educational
agencies in developing, merit-based performance
systems, and strategies that provide differential and
bonus pay for teachers in high-need academic subjects
such as reading, mathematics, and science and teachers
in high-poverty schools and districts.
[(13) Providing assistance to local educational
agencies for the development and implementation of
professional development programs for principals that
enable the principals to be effective school leaders
and prepare all students to meet challenging State
academic content and student academic achievement
standards, and the development and support of school
leadership academies to help exceptionally talented
aspiring or current principals and superintendents
become outstanding managers and educational leaders.
[(14) Developing, or assisting local educational
agencies in developing, teacher advancement initiatives
that promote professional growth and emphasize multiple
career paths (such as paths to becoming a career
teacher, mentor teacher, or exemplary teacher) and pay
differentiation.
[(15) Providing assistance to teachers to enable
them to meet certification, licensing, or other
requirements needed to become highly qualified by the
end of the fourth year for which the State receives
funds under this part (as amended by the No Child Left
Behind Act of 2001).
[(16) Supporting activities that ensure that
teachers are able to use challenging State academic
content standards and student academic achievement
standards, and State assessments, to improve
instructional practices and improve student academic
achievement.
[(17) Funding projects and carrying out programs to
encourage men to become elementary school teachers.
[(18) Establishing and operating a center that--
[(A) serves as a statewide clearinghouse
for the recruitment and placement of
kindergarten, elementary school, and secondary
school teachers; and
[(B) establishes and carries out programs
to improve teacher recruitment and retention
within the State.
[(d) Administrative Costs.--A State educational agency or
State agency for higher education receiving a grant under this
part may use not more than 1 percent of the grant funds for
planning and administration related to carrying out activities
under subsection (c) and subpart 3.
[(e) Coordination.--A State that receives a grant to carry
out this subpart and a grant under section 202 of the Higher
Education Act of 1965 shall coordinate the activities carried
out under this subpart and the activities carried out under
that section.
[(f) 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. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Subgrants to Local Educational Agencies.--
[(1) In general.--The Secretary may make a grant to
a State under subpart 1 only if the State educational
agency agrees to distribute the funds described in this
subsection as subgrants to local educational agencies
under this subpart.
[(2) Hold harmless.--
[(A) In general.--From the funds reserved
by a State under section 2113(a)(1), the State
educational agency shall allocate to each local
educational agency in the State an amount equal
to the total amount that such agency received
for fiscal year 2001 under--
[(i) section 2203(1)(B) of this Act
(as in effect on the day before the
date of enactment of the No Child Left
Behind Act of 2001); and
[(ii) section 306 of the Department
of Education Appropriations Act, 2001
(as enacted into law by section 1(a)(1)
of Public Law 106-554).
[(B) Nonparticipating agencies.--In the
case of a local educational agency that did not
receive any funds for fiscal year 2001 under
one or both of the provisions referred to in
clauses (i) and (ii) of subparagraph (A), the
amount allocated to the agency under such
subparagraph shall be the total amount that the
agency would have received for fiscal year 2001
if the agency had elected to participate in all
of the programs for which the agency was
eligible under each of the provisions referred
to in those clauses.
[(C) Ratable reduction.--If the funds
described in subparagraph (A) are insufficient
to pay the full amounts that all local
educational agencies in the State are eligible
to receive under subparagraph (A) for any
fiscal year, the State educational agency shall
ratably reduce such amounts for the fiscal
year.
[(3) Allocation of additional funds.--For any
fiscal year for which the funds reserved by a State
under section 2113(a)(1) exceed the total amount
required to make allocations under paragraph (2), the
State educational agency shall allocate to each of the
eligible local educational agencies in the State the
sum of--
[(A) an amount that bears the same
relationship to 20 percent of the excess amount
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 the local educational
agencies in the State, as so determined; and
[(B) an amount that bears the same
relationship to 80 percent of the excess amount
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 the local
educational agencies in the State, as so
determined.]
[SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.
[(a) In General.--To be eligible to receive a subgrant
under this subpart, a local educational agency shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may reasonably require.
[(b) Contents.--Each application submitted under this
section shall be based on the needs assessment required in
subsection (c) and shall include the following:
[(1)(A) A description of the activities to be
carried out by the local educational agency under this
subpart and how these activities will be aligned with--
[(i) challenging State academic content
standards and student academic achievement
standards, and State assessments; and
[(ii) the curricula and programs tied to
the standards described in clause (i).
[(B) A description of how the activities will be
based on a review of scientifically based research and
an explanation of why the activities are expected to
improve student academic achievement.
[(2) A description of how the activities will have
a substantial, measurable, and positive impact on
student academic achievement and how the activities
will be used as part of a broader strategy to eliminate
the achievement gap that separates low-income and
minority students from other students.
[(3) An assurance that the local educational agency
will target funds to schools within the jurisdiction of
the local educational agency that--
[(A) have the lowest proportion of highly
qualified teachers;
[(B) have the largest average class size;
or
[(C) are identified for school improvement
under section 1116(b).
[(4) A description of how the local educational
agency will coordinate professional development
activities authorized under this subpart with
professional development activities provided through
other Federal, State, and local programs.
[(5) A description of the professional development
activities that will be made available to teachers and
principals under this subpart and how the local
educational agency will ensure that the professional
development (which may include teacher mentoring) needs
of teachers and principals will be met using funds
under this subpart.
[(6) A description of how the local educational
agency will integrate funds under this subpart with
funds received under part D that are used for
professional development to train teachers to integrate
technology into curricula and instruction to improve
teaching, learning, and technology literacy.
[(7) A description of how the local educational
agency, teachers, paraprofessionals, principals, other
relevant school personnel, and parents have
collaborated in the planning of activities to be
carried out under this subpart and in the preparation
of the application.
[(8) A description of the results of the needs
assessment described in subsection (c).
[(9) A description of how the local educational
agency will provide training to enable teachers to--
[(A) teach and address the needs of
students with different learning styles,
particularly students with disabilities,
students with special learning needs (including
students who are gifted and talented), and
students with limited English proficiency;
[(B) improve student behavior in the
classroom and identify early and appropriate
interventions to help students described in
subparagraph (A) learn;
[(C) involve parents in their child's
education; and
[(D) understand and use data and
assessments to improve classroom practice and
student learning.
[(10) A description of how the local educational
agency will use funds under this subpart to meet the
requirements of section 1119.
[(11) An assurance that the local educational
agency will comply with section 9501 (regarding
participation by private school children and teachers).
[(c) Needs Assessment.--
[(1) In general.--To be eligible to receive a
subgrant under this subpart, a local educational agency
shall conduct an assessment of local needs for
professional development and hiring, as identified by
the local educational agency and school staff.
[(2) Requirements.--Such needs assessment shall be
conducted with the involvement of teachers, including
teachers participating in programs under part A of
title I, and shall take into account the activities
that need to be conducted in order to give teachers the
means, including subject matter knowledge and teaching
skills, and to give principals the instructional
leadership skills to help teachers, to provide students
with the opportunity to meet challenging State and
local student academic achievement standards.]
[SEC. 2123. LOCAL USE OF FUNDS.
[(a) In General.--A local educational agency that receives
a subgrant under section 2121 shall use the funds made
available through the subgrant to carry out one or more of the
following activities, including carrying out the activities
through a grant or contract with a for-profit or nonprofit
entity:
[(1) Developing and implementing mechanisms to
assist schools in effectively recruiting and retaining
highly qualified teachers, including specialists in
core academic subjects, principals, and pupil services
personnel, except that funds made available under this
paragraph may be used for pupil services personnel
only--
[(A) if the local educational agency is
making progress toward meeting the annual
measurable objectives described in section
1119(a)(2); and
[(B) in a manner consistent with mechanisms
to assist schools in effectively recruiting and
retaining highly qualified teachers and
principals.
[(2) Developing and implementing initiatives to
assist in recruiting highly qualified teachers
(particularly initiatives that have proven effective in
retaining highly qualified teachers), and hiring highly
qualified teachers, who will be assigned teaching
positions within their fields, including--
[(A) providing scholarships, signing
bonuses, or other financial incentives, such as
differential pay, for teachers to teach--
[(i) in academic subjects in which
there exists a shortage of highly
qualified teachers within a school or
within the local educational agency;
and
[(ii) in schools in which there
exists a shortage of highly qualified
teachers;
[(B) recruiting and hiring highly qualified
teachers to reduce class size, particularly in
the early grades; and
[(C) establishing programs that--
[(i) train and hire regular and
special education teachers (which may
include hiring special education
teachers to team-teach in classrooms
that contain both children with
disabilities and nondisabled children);
[(ii) train and hire highly
qualified teachers of special needs
children, as well as teaching
specialists in core academic subjects
who will provide increased
individualized instruction to students;
[(iii) recruit qualified
professionals from other fields,
including highly qualified
paraprofessionals, and provide such
professionals with alternative routes
to teacher certification, including
developing and implementing hiring
policies that ensure comprehensive
recruitment efforts as a way to expand
the applicant pool, such as through
identifying teachers certified through
alternative routes, and using a system
of intensive screening designed to hire
the most qualified applicants; and
[(iv) provide increased
opportunities for minorities,
individuals with disabilities, and
other individuals underrepresented in
the teaching profession.
[(3) Providing professional development
activities--
[(A) that improve the knowledge of teachers
and principals and, in appropriate cases,
paraprofessionals, concerning--
[(i) one or more of the core
academic subjects that the teachers
teach; and
[(ii) effective instructional
strategies, methods, and skills, and
use of challenging State academic
content standards and student academic
achievement standards, and State
assessments, to improve teaching
practices and student academic
achievement; and
[(B) that improve the knowledge of teachers
and principals and, in appropriate cases,
paraprofessionals, concerning effective
instructional practices and that--
[(i) involve collaborative groups
of teachers and administrators;
[(ii) provide training in how to
teach and address the needs of students
with different learning styles,
particularly students with
disabilities, students with special
learning needs (including students who
are gifted and talented), and students
with limited English proficiency;
[(iii) provide training in methods
of--
[(I) improving student
behavior in the classroom; and
[(II) identifying early and
appropriate interventions to
help students described in
clause (ii) learn;
[(iv) provide training to enable
teachers and principals to involve
parents in their child's education,
especially parents of limited English
proficient and immigrant children; and
[(v) provide training on how to
understand and use data and assessments
to improve classroom practice and
student learning.
[(4) Developing and implementing initiatives to
promote retention of highly qualified teachers and
principals, particularly within elementary schools and
secondary schools with a high percentage of low-
achieving students, including programs that provide--
[(A) teacher mentoring from exemplary
teachers, principals, or superintendents;
[(B) induction and support for teachers and
principals during their first 3 years of
employment as teachers or principals,
respectively;
[(C) incentives, including financial
incentives, to retain teachers who have a
record of success in helping low-achieving
students improve their academic achievement; or
[(D) incentives, including financial
incentives, to principals who have a record of
improving the academic achievement of all
students, but particularly students from
economically disadvantaged families, students
from racial and ethnic minority groups, and
students with disabilities.
[(5) Carrying out programs and activities that are
designed to improve the quality of the teacher force,
such as--
[(A) innovative professional development
programs (which may be provided through
partnerships including institutions of higher
education), including programs that train
teachers and principals to integrate technology
into curricula and instruction to improve
teaching, learning, and technology literacy,
are consistent with the requirements of section
9101, and are coordinated with activities
carried out under part D;
[(B) development and use of proven, cost-
effective strategies for the implementation of
professional development activities, such as
through the use of technology and distance
learning;
[(C) tenure reform;
[(D) merit pay programs; and
[(E) testing of elementary school and
secondary school teachers in the academic
subjects that the teachers teach.
[(6) Carrying out professional development
activities designed to improve the quality of
principals and superintendents, including the
development and support of academies to help talented
aspiring or current principals and superintendents
become outstanding managers and educational leaders.
[(7) Hiring highly qualified teachers, including
teachers who become highly qualified through State and
local alternative routes to certification, and special
education teachers, in order to reduce class size,
particularly in the early grades.
[(8) Carrying out teacher advancement initiatives
that promote professional growth and emphasize multiple
career paths (such as paths to becoming a career
teacher, mentor teacher, or exemplary teacher) and pay
differentiation.
[(10) Carrying out programs and activities related
to exemplary teachers.
[(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 3--Subgrants to Eligible Partnerships]
[SEC. 2131. DEFINITIONS.
[In this subpart:
[(1) Eligible partnership.--The term ``eligible
partnership'' means an entity that--
[(A) shall include--
[(i) a private or State institution
of higher education and the division of
the institution that prepares teachers
and principals;
[(ii) a school of arts and
sciences; and
[(iii) a high-need local
educational agency; and
[(B) may include another local educational
agency, a public charter school, an elementary
school or secondary school, an educational
service agency, a nonprofit educational
organization, another institution of higher
education, a school of arts and sciences within
such an institution, the division of such an
institution that prepares teachers and
principals, a nonprofit cultural organization,
an entity carrying out a prekindergarten
program, a teacher organization, a principal
organization, or a business.
[(2) Low-performing school.--The term ``low-
performing school'' means an elementary school or
secondary school that is identified under section
1116.]
[SEC. 2132. SUBGRANTS.
[(a) In General.--The State agency for higher education for
a State that receives a grant under section 2111, working in
conjunction with the State educational agency (if such agencies
are separate), shall use the funds reserved under section
2113(a)(2) to make subgrants, on a competitive basis, to
eligible partnerships to enable such partnerships to carry out
the activities described in section 2134.
[(b) Distribution.--The State agency for higher education
shall ensure that--
[(1) such subgrants are equitably distributed by
geographic area within a State; or
[(2) eligible partnerships in all geographic areas
within the State are served through the subgrants.
[(c) Special Rule.--No single participant in an eligible
partnership may use more than 50 percent of the funds made
available to the partnership under this section.]
[SEC. 2133. APPLICATIONS.
[To be eligible to receive a subgrant under this subpart,
an eligible partnership shall submit an application to the
State agency for higher education at such time, in such manner,
and containing such information as the agency may require.]
[SEC. 2134. USE OF FUNDS.
[(a) In General.--An eligible partnership that receives a
subgrant under section 2132 shall use the subgrant funds for--
[(1) professional development activities in core
academic subjects to ensure that--
[(A) teachers and highly qualified
paraprofessionals, and, if appropriate,
principals have subject matter knowledge in the
academic subjects that the teachers teach,
including the use of computer related
technology to enhance student learning; and
[(B) principals have the instructional
leadership skills that will help such
principals work most effectively with teachers
to help students master core academic subjects;
and
[(2) developing and providing assistance to local
educational agencies and individuals who are teachers,
highly qualified paraprofessionals, or principals of
schools served by such agencies, for sustained, high-
quality professional development activities that--
[(A) ensure that the individuals are able
to use challenging State academic content
standards and student academic achievement
standards, and State assessments, to improve
instructional practices and improve student
academic achievement;
[(B) may include intensive programs
designed to prepare such individuals who will
return to a school to provide instruction
related to the professional development
described in subparagraph (A) to other such
individuals within such school; and
[(C) may include activities of partnerships
between one or more local educational agencies,
one or more schools served by such local
educational agencies, and one or more
institutions of higher education for the
purpose of improving teaching and learning at
low-performing schools.
[(b) Coordination.--An eligible partnership that receives a
subgrant to carry out this subpart and a grant under section
203 of the Higher Education Act of 1965 shall coordinate the
activities carried out under this subpart and the activities
carried out under that section 203.]
[Subpart 4--Accountability]
[SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.
[(a) Improvement Plan.--After the second year of the plan
described in section 1119(a)(2), if a State educational agency
determines, based on the reports described in section
1119(b)(1), that a local educational agency in the State has
failed to make progress toward meeting the annual measurable
objectives described in section 1119(a)(2), for 2 consecutive
years, such local educational agency shall develop an
improvement plan that will enable the agency to meet such
annual measurable objectives and that specifically addresses
issues that prevented the agency from meeting such annual
measurable objectives.
[(b) Technical Assistance.--During the development of the
improvement plan described in subsection (a) and throughout
implementation of the plan, the State educational agency
shall--
[(1) provide technical assistance to the local
educational agency; and
[(2) provide technical assistance, if applicable,
to schools served by the local educational agency that
need assistance to enable the local educational agency
to meet the annual measurable objectives described in
section 1119(a)(2).
[(c) Accountability.--After the third year of the plan
described in section 1119(a)(2), if the State educational
agency determines, based on the reports described in section
1119(b)(1), that the local educational agency has failed to
make progress toward meeting the annual measurable objectives
described in section 1119(a)(2), and has failed to make
adequate yearly progress as described under section
1111(b)(2)(B), for 3 consecutive years, the State educational
agency shall enter into an agreement with such local
educational agency on the use of that agency's funds under this
part. As part of this agreement, the State educational agency--
[(1) shall develop, in conjunction with the local
educational agency, teachers, and principals,
professional development strategies and activities,
based on scientifically based research, that the local
educational agency will use to meet the annual
measurable objectives described in section 1119(a)(2)
and require such agency to utilize such strategies and
activities; and
[(2)(A) except as provided in subparagraphs (B) and
(C), shall prohibit the use of funds received under
part A of title I to fund any paraprofessional hired
after the date such determination is made;
[(B) shall allow the use of such funds to fund a
paraprofessional hired after that date if the local
educational agency can demonstrate that the hiring is
to fill a vacancy created by the departure of another
paraprofessional funded under title I and such new
paraprofessional satisfies the requirements of section
1119(c); and
[(C) may allow the use of such funds to fund a
paraprofessional hired after that date if the local
educational agency can demonstrate--
[(i) that a significant influx of
population has substantially increased student
enrollment; or
[(ii) that there is an increased need for
translators or assistance with parental
involvement activities.
[(d) Special Rule.--During the development of the
strategies and activities described in subsection (c)(1), the
State educational agency shall, in conjunction with the local
educational agency, provide from funds allocated to such local
educational agency under subpart 2 directly to one or more
schools served by such local educational agency, to enable
teachers at the schools to choose, with continuing consultation
with the principal involved, professional development
activities that--
[(1) meet the requirements for professional
development activities described in section 9101; and
[(2) are coordinated with other reform efforts at
the schools.]
[Subpart 5--National Activities]
[SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
[(a) National Teacher Recruitment Campaign.--The Secretary
is authorized to establish and carry out a national teacher
recruitment campaign, which may include activities carried out
through the National Teacher Recruitment Clearinghouse, to
assist high-need local educational agencies in recruiting
teachers (particularly those activities that are effective in
retaining new teachers) and training teachers and to conduct a
national public service campaign concerning the resources for,
and the routes to, entering the field of teaching. In carrying
out the campaign, the Secretary may promote and link the
activities of the campaign to the information and referral
activities of the National Teacher Recruitment Clearinghouse.
The Secretary shall coordinate activities under this subsection
with State and regional recruitment activities.
[(b) School Leadership.--
[(1) In general.--The Secretary is authorized to
establish and carry out a national principal
recruitment program to assist high-need local
educational agencies in recruiting and training
principals (including assistant principals) through
such activities as--
[(A) providing financial incentives to
aspiring new principals;
[(B) providing stipends to principals who
mentor new principals;
[(C) carrying out professional development
programs in instructional leadership and
management; and
[(D) providing incentives that are
appropriate for teachers or individuals from
other fields who want to become principals and
that are effective in retaining new principals.
[(2) Grants.--If the Secretary uses sums made
available under section 2103(b) to carry out paragraph
(1), the Secretary shall carry out such paragraph by
making grants, on a competitive basis, to--
[(A) high-need local educational agencies;
[(B) consortia of high-need local
educational agencies; and
[(C) partnerships of high-need local
educational agencies, nonprofit organizations,
and institutions of higher education.
[(c) Advanced Certification or Advanced Credentialing.--
[(1) In general.--The Secretary is authorized to
support activities to encourage and support teachers
seeking advanced certification or advanced
credentialing through high quality professional teacher
enhancement programs designed to improve teaching and
learning.
[(2) Implementation.--In carrying out paragraph
(1), the Secretary shall make grants to eligible
entities to--
[(A) develop teacher standards that include
measures tied to increased student academic
achievement; and
[(B) promote outreach, teacher recruitment,
teacher subsidy, or teacher support programs,
related to teacher certification or
credentialing by the National Board for
Professional Teaching Standards, the National
Council on Teacher Quality, or other nationally
recognized certification or credentialing
organizations.
[(3) Eligible entities.--In this subsection, the
term ``eligible entity'' includes--
[(A) a State educational agency;
[(B) a local educational agency;
[(C) the National Board for Professional
Teaching Standards, in partnership with a high-
need local educational agency or a State
educational agency;
[(D) the National Council on Teacher
Quality, in partnership with a high-need local
educational agency or a State educational
agency; or
[(E) another recognized entity, including
another recognized certification or
credentialing organization, in partnership with
a high-need local educational agency or a State
educational agency.
[(d) Special Education Teacher Training.--The Secretary is
authorized to award a grant to the University of Northern
Colorado to enable such university to provide, to other
institutions of higher education, assistance in training
special education teachers.
[(e) Early Childhood Educator Professional Development.--
[(1) Purpose.--The purpose of this subsection is to
enhance the school readiness of young children,
particularly disadvantaged young children, and to
prevent young children from encountering difficulties
once the children enter school, by improving the
knowledge and skills of early childhood educators who
work in communities that have high concentrations of
children living in poverty.
[(2) Program authorized.--
[(A) Grants to partnerships.--The Secretary
is authorized to carry out the purpose of this
subsection by awarding grants, on a competitive
basis, to partnerships consisting of--
[(i)(I) one or more institutions of
higher education that provide
professional development for early
childhood educators who work with
children from low-income families in
high-need communities; or
[(II) another public or private
entity that provides such professional
development;
[(ii) one or more public agencies
(including local educational agencies,
State educational agencies, State human
services agencies, and State and local
agencies administering programs under
the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et
seq.), Head Start agencies, or private
organizations; and
[(iii) to the extent feasible, an
entity with demonstrated experience in
providing training to educators in
early childhood education programs
concerning identifying and preventing
behavior problems or working with
children identified as or suspected to
be victims of abuse.
[(B) Duration and number of grants.--
[(i) Duration.--The Secretary shall
award grants under this subsection for
periods of not more than 4 years.
[(ii) Number.--No partnership may
receive more than one grant under this
subsection.
[(3) Applications.--
[(A) Applications required.--Any
partnership that desires to receive a grant
under this subsection shall submit an
application to the Secretary at such time, in
such manner, and containing such information as
the Secretary may require.
[(B) Contents.--Each such application shall
include--
[(i) a description of the high-need
community to be served by the project
proposed to be carried out through the
grant, including such demographic and
socioeconomic information as the
Secretary may request;
[(ii) information on the quality of
the early childhood educator
professional development program
currently conducted (as of the date of
the submission of the application) by
the institution of higher education or
another provider in the partnership;
[(iii) the results of a needs
assessment that the entities in the
partnership have undertaken to
determine the most critical
professional development needs of the
early childhood educators to be served
by the partnership and in the broader
community, and a description of how the
proposed project will address those
needs;
[(iv) a description of how the
proposed project will be carried out,
including a description of--
[(I) how individuals will
be selected to participate;
[(II) the types of
professional development
activities, based on
scientifically based research,
that will be carried out;
[(III) how research on
effective professional
development and on adult
learning will be used to design
and deliver project activities;
[(IV) how the project will
be coordinated with and build
on, and will not supplant or
duplicate, early childhood
education professional
development activities in the
high-need community;
[(V) how the project will
train early childhood educators
to provide developmentally
appropriate school-readiness
services that are based on the
best available research on
early childhood pedagogy and
child development and learning
domains;
[(VI) how the project will
train early childhood educators
to meet the diverse educational
needs of children in the
community, including children
who have limited English
proficiency, children with
disabilities, or children with
other special needs; and
[(VII) how the project will
train early childhood educators
in identifying and preventing
behavioral problems in children
or working with children
identified as or suspected to
be victims of abuse;
[(v) a description of--
[(I) the specific
objectives that the partnership
will seek to attain through the
project, and the methods that
the partnership will use to
measure progress toward
attainment of those objectives;
and
[(II) how the objectives
and the measurement methods
align with the achievement
indicators established by the
Secretary under paragraph
(6)(A);
[(vi) a description of the
partnership's plan for continuing the
activities carried out under the
project after Federal funding ceases;
[(vii) an assurance that, where
applicable, the project will provide
appropriate professional development to
volunteers working directly with young
children, as well as to paid staff; and
[(viii) an assurance that, in
developing the application and in
carrying out the project, the
partnership has consulted with, and
will consult with, relevant agencies,
early childhood educator organizations,
and early childhood providers that are
not members of the partnership.
[(4) Selection of grant recipients.--
[(A) Criteria.--The Secretary shall select
partnerships to receive grants under this
subsection on the basis of the degree to which
the communities proposed to be served require
assistance and the quality of the applications
submitted under paragraph (3).
[(B) Geographic distribution.--In selecting
partnerships to receive grants under this
subsection, the Secretary shall seek to ensure
that communities in different regions of the
Nation, as well as both urban and rural
communities, are served.
[(5) Uses of funds.--
[(A) In general.--Each partnership
receiving a grant under this subsection shall
use the grant funds to carry out activities
that will improve the knowledge and skills of
early childhood educators who are working in
early childhood programs that are located in
high-need communities and serve concentrations
of children from low-income families.
[(B) Allowable activities.--Such activities
may include--
[(i) professional development for
early childhood educators, particularly
to familiarize those educators with the
application of recent research on
child, language, and literacy
development and on early childhood
pedagogy;
[(ii) professional development for
early childhood educators in working
with parents, so that the educators and
parents can work together to provide
and support developmentally appropriate
school-readiness services that are
based on scientifically based research
on early childhood pedagogy and child
development and learning domains;
[(iii) professional development for
early childhood educators to work with
children who have limited English
proficiency, children with
disabilities, and children with other
special needs;
[(iv) professional development to
train early childhood educators in
identifying and preventing behavioral
problems in children or working with
children identified as or suspected to
be victims of abuse;
[(v) activities that assist and
support early childhood educators
during their first 3 years in the
field;
[(vi) development and
implementation of early childhood
educator professional development
programs that make use of distance
learning and other technologies;
[(vii) professional development
activities related to the selection and
use of screening and diagnostic
assessments to improve teaching and
learning; and
[(viii) data collection,
evaluation, and reporting needed to
meet the requirements of paragraph (6)
relating to accountability.
[(6) Accountability.--
[(A) Achievement indicators.--On the date
on which the Secretary first issues a notice
soliciting applications for grants under this
subsection, the Secretary shall announce
achievement indicators for this subsection,
which shall be designed--
[(i) to measure the quality and
accessibility of the professional
development provided;
[(ii) to measure the impact of that
professional development on the early
childhood education provided by the
individuals who receive the
professional development; and
[(iii) to provide such other
measures of program impact as the
Secretary determines to be appropriate.
[(B) Annual reports; termination.--
[(i) Annual reports.--Each
partnership receiving a grant under
this subsection shall report annually
to the Secretary on the partnership's
progress toward attaining the
achievement indicators.
[(ii) Termination.--The Secretary
may terminate a grant under this
subsection at any time if the Secretary
determines that the partnership
receiving the grant is not making
satisfactory progress toward attaining
the achievement indicators.
[(7) Cost-sharing.--
[(A) In general.--Each partnership carrying
out a project through a grant awarded under
this subsection shall provide, from sources
other than the program carried out under this
subsection, which may include Federal sources--
[(i) at least 50 percent of the
total cost of the project for the grant
period; and
[(ii) at least 20 percent of the
project cost for each year.
[(B) Acceptable contributions.--A
partnership may meet the requirements of
subparagraph (A) by providing contributions in
cash or in kind, fairly evaluated, including
plant, equipment, and services.
[(C) Waivers.--The Secretary may waive or
modify the requirements of subparagraph (A) for
partnerships in cases of demonstrated financial
hardship.
[(8) Federal coordination.--The Secretary and the
Secretary of Health and Human Services shall coordinate
activities carried out through programs under this
subsection with activities carried out through other
early childhood programs administered by the Secretary
or the Secretary of Health and Human Services.
[(9) Definitions.--In this subsection:
[(A) Early childhood educator.--The term
``early childhood educator'' means a person
providing, or employed by a provider of,
nonresidential child care services (including
center-based, family-based, and in-home child
care services) that is legally operating under
State law, and that complies with applicable
State and local requirements for the provision
of child care services to children at any age
from birth through the age at which a child may
start kindergarten in that State.
[(B) High-need community.--
[(i) In general.--The term ``high-
need community'' means--
[(I) a political
subdivision of a State, or a
portion of a political
subdivision of a State, in
which at least 50 percent of
the children are from low-
income families; or
[(II) a political
subdivision of a State that is
among the 10 percent of
political subdivisions of the
State having the greatest
numbers of such children.
[(ii) Determination.--In
determining which communities are
described in clause (i), the Secretary
shall use such data as the Secretary
determines are most accurate and
appropriate.
[(C) Low-income family.--The term ``low-
income family'' means a family with an income
below the poverty line for the most recent
fiscal year for which satisfactory data are
available.
[(f) Teacher Mobility.--
[(1) Establishment.--The Secretary is authorized to
establish a panel to be known as the National Panel on
Teacher Mobility (referred to in this subsection as the
``panel'').
[(2) Membership.--The panel shall be composed of 12
members appointed by the Secretary. The Secretary shall
appoint the members from among practitioners and
experts with experience relating to teacher mobility,
such as teachers, members of teacher certification or
licensing bodies, faculty of institutions of higher
education that prepare teachers, and State policymakers
with such experience.
[(3) Period of appointment; vacancies.--Members
shall be appointed for the life of the panel. Any
vacancy in the panel shall not affect the powers of the
panel, but shall be filled in the same manner as the
original appointment.
[(4) Duties.--
[(A) Study.--
[(i) In general.--The panel shall
study strategies for increasing
mobility and employment opportunities
for highly qualified teachers,
especially for States with teacher
shortages and States with school
districts or schools that are difficult
to staff.
[(ii) Data and analysis.--As part
of the study, the panel shall evaluate
the desirability and feasibility of
State initiatives that support teacher
mobility by collecting data and
conducting effective analysis
concerning--
[(I) teacher supply and
demand;
[(II) the development of
recruitment and hiring
strategies that support
teachers; and
[(III) increasing
reciprocity of certification
and licensing across States.
[(B) Report.--Not later than 1 year after
the date on which all members of the panel have
been appointed, the panel shall submit to the
Secretary and to the appropriate committees of
Congress a report containing the results of the
study.
[(5) Powers.--
[(A) Hearings.--The panel may hold such
hearings, sit and act at such times and places,
take such testimony, and receive such evidence
as the panel considers advisable to carry out
the objectives of this subsection.
[(B) Information from federal agencies.--
The panel may secure directly from any Federal
department or agency such information as the
panel considers necessary to carry out the
provisions of this subsection. Upon request of
a majority of the members of the panel, the
head of such department or agency shall furnish
such information to the panel.
[(C) Postal services.--The panel may use
the United States mails in the same manner and
under the same conditions as other departments
and agencies of the Federal Government.
[(6) Personnel.--
[(A) Travel expenses.--The members of the
panel shall not receive compensation for the
performance of services for the panel, but
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates
authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or
regular places of business in the performance
of services for the panel. Notwithstanding
section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and
uncompensated services of members of the panel.
[(B) Detail of government employees.--Any
Federal Government employee may be detailed to
the panel without reimbursement, and such
detail shall be without interruption or loss of
civil service status or privilege.
[(7) Permanent committee.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the panel.]
[PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS]
[SEC. 2201. PURPOSE; DEFINITIONS.
[(a) Purpose.--The purpose of this part is to improve the
academic achievement of students in the areas of mathematics
and science by encouraging State educational agencies,
institutions of higher education, local educational agencies,
elementary schools, and secondary schools to participate in
programs that--
[(1) improve and upgrade the status and stature of
mathematics and science teaching by encouraging
institutions of higher education to assume greater
responsibility for improving mathematics and science
teacher education through the establishment of a
comprehensive, integrated system of recruiting,
training, and advising mathematics and science
teachers;
[(2) focus on the education of mathematics and
science teachers as a career-long process that
continuously stimulates teachers' intellectual growth
and upgrades teachers' knowledge and skills;
[(3) bring mathematics and science teachers in
elementary schools and secondary schools together with
scientists, mathematicians, and engineers to increase
the subject matter knowledge of mathematics and science
teachers and improve such teachers' teaching skills
through the use of sophisticated laboratory equipment
and work space, computing facilities, libraries, and
other resources that institutions of higher education
are better able to provide than the elementary schools
and secondary schools;
[(4) develop more rigorous mathematics and science
curricula that are aligned with challenging State and
local academic content standards and with the standards
expected for postsecondary study in engineering,
mathematics, and science; and
[(5) improve and expand training of mathematics and
science teachers, including training such teachers in
the effective integration of technology into curricula
and instruction.
[(b) Definitions.--In this part:
[(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that--
[(A) shall include--
[(i) if grants are awarded under
section 2202(a)(1), a State educational
agency;
[(ii) an engineering, mathematics,
or science department of an institution
of higher education; and
[(iii) a high-need local
educational agency; and
[(B) may include--
[(i) another engineering,
mathematics, science, or teacher
training department of an institution
of higher education;
[(ii) additional local educational
agencies, public charter schools,
public or private elementary schools or
secondary schools, or a consortium of
such schools;
[(iii) a business; or
[(iv) a nonprofit or for-profit
organization of demonstrated
effectiveness in improving the quality
of mathematics and science teachers.
[(2) Summer workshop or institute.--The term
``summer workshop or institute'' means a workshop or
institute, conducted during the summer, that--
[(A) is conducted for a period of not less
than 2 weeks;
[(B) includes, as a component, a program
that provides direct interaction between
students and faculty; and
[(C) provides for followup training during
the academic year that is conducted in the
classroom for a period of not less than three
consecutive or nonconsecutive days, except
that--
[(i) if the workshop or institute
is conducted during a 2-week period,
the followup training shall be
conducted for a period of not less than
4 days; and
[(ii) if the followup training is
for teachers in rural school districts,
the followup training may be conducted
through distance learning.]
[SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.
[(a) Grants Authorized.--
[(1) Grants to partnerships.--For any fiscal year
for which the funds appropriated under section 2203 are
less than $100,000,000, the Secretary is authorized to
award grants, on a competitive basis, to eligible
partnerships to carry out the authorized activities
described in subsection (c).
[(2) Grants to state educational agencies.--
[(A) In general.--For any fiscal year for
which the funds appropriated under section 2203
equal or exceed $100,000,000--
[(i) if an eligible partnership in
the State was previously awarded a
grant under paragraph (1), and the
grant period has not ended, the
Secretary shall reserve funds in a
sufficient amount to make payments to
the partnership in accordance with the
terms of the grant; and
[(ii) the Secretary is authorized
to award grants to State educational
agencies to enable such agencies to
award subgrants, on a competitive
basis, to eligible partnerships to
carry out the authorized activities
described in subsection (c).
[(B) Allotment.--The Secretary shall allot
the amount made available under this part for a
fiscal year and not reserved under subparagraph
(A)(i) among the State educational agencies in
proportion to the number of children, aged 5 to
17, who are from families with incomes below
the poverty line and reside in a State for the
most recent fiscal year for which satisfactory
data are available, as compared to the number
of such children who reside in all such States
for such year.
[(C) Minimum allotment.--The amount of any
State educational agency's allotment under
subparagraph (B) for any fiscal year may not be
less than one-half of 1 percent of the amount
made available under this part for such year.
[(3) Duration.--The Secretary shall award grants
under this part for a period of 3 years.
[(4) Supplement, not supplant.--Funds received
under this part shall be used to supplement, and not
supplant, funds that would otherwise be used for
activities authorized under this part.
[(b) Application Requirements.--
[(1) In general.--Each eligible partnership
desiring a grant or subgrant under this part shall
submit an application--
[(A) in the case of grants awarded pursuant
to subsection (a)(1), to the Secretary, at such
time, in such manner, and accompanied by such
information as the Secretary may require; or
[(B) in the case of subgrants awarded
pursuant to subsection (a)(2), to the State
educational agency, at such time, in such
manner, and accompanied by such information as
the State educational agency may require.
[(2) Contents.--Each application submitted pursuant
to paragraph (1) shall include--
[(A) the results of a comprehensive
assessment of the teacher quality and
professional development needs of any schools,
local educational agencies, and State
educational agencies that comprise the eligible
partnership with respect to the teaching and
learning of mathematics and science;
[(B) a description of how the activities to
be carried out by the eligible partnership will
be aligned with challenging State academic
content and student academic achievement
standards in mathematics and science and with
other educational reform activities that
promote student academic achievement in
mathematics and science;
[(C) a description of how the activities to
be carried out by the eligible partnership will
be based on a review of scientifically based
research, and an explanation of how the
activities are expected to improve student
academic achievement and strengthen the quality
of mathematics and science instruction;
[(D) a description of--
[(i) how the eligible partnership
will carry out the authorized
activities described in subsection (c);
and
[(ii) the eligible partnership's
evaluation and accountability plan
described in subsection (e); and
[(E) a description of how the eligible
partnership will continue the activities funded
under this part after the original grant or
subgrant period has expired.
[(c) Authorized Activities.--An eligible partnership shall
use funds provided under this part for one or more of the
following activities related to elementary schools or secondary
schools:
[(1) Creating opportunities for enhanced and
ongoing professional development of mathematics and
science teachers that improves the subject matter
knowledge of such teachers.
[(2) Promoting strong teaching skills for
mathematics and science teachers and teacher educators,
including integrating reliable scientifically based
research teaching methods and technology-based teaching
methods into the curriculum.
[(3) Establishing and operating mathematics and
science summer workshops or institutes, including
followup training, for elementary school and secondary
school mathematics and science teachers that--
[(A) shall--
[(i) directly relate to the
curriculum and academic areas in which
the teacher provides instruction, and
focus only secondarily on pedagogy;
[(ii) enhance the ability of the
teacher to understand and use the
challenging State academic content
standards for mathematics and science
and to select appropriate curricula;
and
[(iii) train teachers to use
curricula that are--
[(I) based on scientific
research;
[(II) aligned with
challenging State academic
content standards; and
[(III) object-centered,
experiment-oriented, and
concept- and content-based; and
[(B) may include--
[(i) programs that provide teachers
and prospective teachers with
opportunities to work under the
guidance of experienced teachers and
college faculty;
[(ii) instruction in the use of
data and assessments to inform and
instruct classroom practice; and
[(iii) professional development
activities, including supplemental and
followup activities, such as curriculum
alignment, distance learning, and
activities that train teachers to
utilize technology in the classroom.
[(4) Recruiting mathematics, engineering, and
science majors to teaching through the use of--
[(A) signing and performance incentives
that are linked to activities proven effective
in retaining teachers, for individuals with
demonstrated professional experience in
mathematics, engineering, or science;
[(B) stipends provided to mathematics and
science teachers for certification through
alternative routes;
[(C) scholarships for teachers to pursue
advanced course work in mathematics,
engineering, or science; and
[(D) other programs that the State
educational agency determines to be effective
in recruiting and retaining individuals with
strong mathematics, engineering, or science
backgrounds.
[(5) Developing or redesigning more rigorous
mathematics and science curricula that are aligned with
challenging State and local academic content standards
and with the standards expected for postsecondary study
in mathematics and science.
[(6) Establishing distance learning programs for
mathematics and science teachers using curricula that
are innovative, content-based, and based on
scientifically based research that is current as of the
date of the program involved.
[(7) Designing programs to prepare a mathematics or
science teacher at a school to provide professional
development to other mathematics or science teachers at
the school and to assist beginning and other teachers
at the school, including (if applicable) a mechanism to
integrate the teacher's experiences from a summer
workshop or institute into the provision of
professional development and assistance.
[(8) Establishing and operating programs to bring
mathematics and science teachers into contact with
working scientists, mathematicians, and engineers, to
expand such teachers' subject matter knowledge of and
research in science and mathematics.
[(9) Designing programs to identify and develop
exemplary mathematics and science teachers in the
kindergarten through grade 8 classrooms.
[(10) Training mathematics and science teachers and
developing programs to encourage young women and other
underrepresented individuals in mathematics and science
careers (including engineering and technology) to
pursue postsecondary degrees in majors leading to such
careers.
[(d) Coordination and Consultation.--
[(1) Partnership grants.--An eligible partnership
receiving a grant under section 203 of the Higher
Education Act of 1965 shall coordinate the use of such
funds with any related activities carried out by such
partnership with funds made available under this part.
[(2) National science foundation.--In carrying out
the activities authorized by this part, the Secretary
shall consult and coordinate with the Director of the
National Science Foundation, particularly with respect
to the appropriate roles for the Department and the
Foundation in the conduct of summer workshops,
institutes, or partnerships to improve mathematics and
science teaching in elementary schools and secondary
schools.
[(e) Evaluation and Accountability Plan.--
[(1) In general.--Each eligible partnership
receiving a grant or subgrant under this part shall
develop an evaluation and accountability plan for
activities assisted under this part that includes
rigorous objectives that measure the impact of
activities funded under this part.
[(2) Contents.--The plan developed pursuant to
paragraph (1)--
[(A) shall include measurable objectives to
increase the number of mathematics and science
teachers who participate in content-based
professional development activities;
[(B) shall include measurable objectives
for improved student academic achievement on
State mathematics and science assessments or,
where applicable, an International Mathematics
and Science Study assessment; and
[(C) may include objectives and measures
for--
[(i) increased participation by
students in advanced courses in
mathematics and science;
[(ii) increased percentages of
elementary school teachers with
academic majors or minors, or group
majors or minors, in mathematics,
engineering, or the sciences; and
[(iii) increased percentages of
secondary school classes in mathematics
and science taught by teachers with
academic majors in mathematics,
engineering, and science.
[(f) Report.--Each eligible partnership receiving a grant
or subgrant under this part shall report annually to the
Secretary regarding the eligible partnership's progress in
meeting the objectives described in the accountability plan of
the partnership under subsection (e).]
[SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part $450,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.]
[PART C--INNOVATION FOR TEACHER QUALITY]
[Subpart 1--Transitions to Teaching]
[CHAPTER B--TRANSITION TO TEACHING PROGRAM]
[SEC. 2311. PURPOSES.
[The purposes of this chapter are--
[(1) to establish a program to recruit and retain
highly qualified mid-career professionals (including
highly qualified paraprofessionals), and recent
graduates of an institution of higher education, as
teachers in high-need schools, including recruiting
teachers through alternative routes to certification;
and
[(2) to encourage the development and expansion of
alternative routes to certification under State-
approved programs that enable individuals to be
eligible for teacher certification within a reduced
period of time, relying on the experience, expertise,
and academic qualifications of an individual, or other
factors in lieu of traditional course work in the field
of education.]
[SEC. 2312. DEFINITIONS.
[In this chapter:
[(1) Eligible participant.--The term ``eligible
participant'' means--
[(A) an individual with substantial,
demonstrable career experience, including a
highly qualified paraprofessional; or
[(B) an individual who is a graduate of an
institution of higher education who--
[(i) has graduated not more than 3
years before applying to an eligible
entity to teach under this chapter; and
[(ii) in the case of an individual
wishing to teach in a secondary school,
has completed an academic major (or
courses totaling an equivalent number
of credit hours) in the academic
subject that the individual will teach.
[(2) High-need local educational agency.--The term
``high-need local educational agency'' has the meaning
given the term in section 2102.
[(3) High-need school.--The term ``high-need
school'' means a school that--
[(A) is located in an area in which the
percentage of students from families with
incomes below the poverty line is 30 percent or
more; or
[(B)(i) is located in an area with a high
percentage of out-of-field teachers, as defined
in section 2102;
[(ii) is within the top quartile of
elementary schools and secondary schools
statewide, as ranked by the number of unfilled,
available teacher positions at the schools;
[(iii) is located in an area in which there
is a high teacher turnover rate; or
[(iv) is located in an area in which there
is a high percentage of teachers who are not
certified or licensed.]
[SEC. 2313. GRANT PROGRAM.
[(a) In General.--The Secretary may establish a program to
make grants on a competitive basis to eligible entities to
develop State and local teacher corps or other programs to
establish, expand, or enhance teacher recruitment and retention
efforts.
[(b) Eligible Entity.--To be eligible to receive a grant
under this section, an entity shall be--
[(1) a State educational agency;
[(2) a high-need local educational agency;
[(3) a for-profit or nonprofit organization that
has a proven record of effectively recruiting and
retaining highly qualified teachers, in a partnership
with a high-need local educational agency or with a
State educational agency;
[(4) an institution of higher education, in a
partnership with a high-need local educational agency
or with a State educational agency;
[(5) a regional consortium of State educational
agencies; or
[(6) a consortium of high-need local educational
agencies.
[(c) Priority.--In making such a grant, the Secretary shall
give priority to a partnership or consortium that includes a
high-need State educational agency or local educational agency.
[(d) Application.--
[(1) In general.--To be eligible to receive a grant
under this section, an entity described in subsection
(b) shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may require.
[(2) Contents.--The application shall describe--
[(A) one or more target recruitment groups
on which the applicant will focus its
recruitment efforts;
[(B) the characteristics of each such
target group that--
[(i) show the knowledge and
experience of the group's members; and
[(ii) demonstrate that the members
are eligible to achieve the objectives
of this section;
[(C) describe how the applicant will use
funds received under this section to develop a
teacher corps or other program to recruit and
retain highly qualified midcareer professionals
(which may include highly qualified
paraprofessionals), recent college graduates,
and recent graduate school graduates, as highly
qualified teachers in high-need schools
operated by high-need local educational
agencies;
[(D) explain how the program carried out
under the grant will meet the relevant State
laws (including regulations) related to teacher
certification or licensing and facilitate the
certification or licensing of such teachers;
[(E) describe how the grant will increase
the number of highly qualified teachers, in
high-need schools operated by high-need local
educational agencies (in urban or rural school
districts), and in high-need academic subjects,
in the jurisdiction served by the applicant;
and
[(F) describe how the applicant will
collaborate, as needed, with other
institutions, agencies, or organizations to
recruit (particularly through activities that
have proven effective in retaining highly
qualified teachers), train, place, support, and
provide teacher induction programs to program
participants under this chapter, including
providing evidence of the commitment of the
institutions, agencies, or organizations to the
applicant's programs.
[(e) Duration of Grants.--The Secretary may make grants
under this section for periods of 5 years. At the end of the 5-
year period for such a grant, the grant recipient may apply for
an additional grant under this section.
[(f) Equitable Distribution.--To the extent practicable,
the Secretary shall ensure an equitable geographic distribution
of grants under this section among the regions of the United
States.
[(g) Uses of Funds.--
[(1) In general.--An entity that receives a grant
under this section shall use the funds made available
through the grant to develop a teacher corps or other
program in order to establish, expand, or enhance a
teacher recruitment and retention program for highly
qualified mid-career professionals (including highly
qualified paraprofessionals), and recent graduates of
an institution of higher education, who are eligible
participants, including activities that provide
alternative routes to teacher certification.
[(2) Authorized activities.--The entity shall use
the funds to carry out a program that includes two or
more of the following activities:
[(A) Providing scholarships, stipends,
bonuses, and other financial incentives, that
are linked to participation in activities that
have proven effective in retaining teachers in
high-need schools operated by high-need local
educational agencies, to all eligible
participants, in an amount not to exceed $5,000
per participant.
[(B) Carrying out pre- and post-placement
induction or support activities that have
proven effective in recruiting and retaining
teachers, such as--
[(i) teacher mentoring;
[(ii) providing internships;
[(iii) providing high-quality,
preservice coursework; and
[(iv) providing high-quality,
sustained inservice professional
development.
[(C) Carrying out placement and ongoing
activities to ensure that teachers are placed
in fields in which the teachers are highly
qualified to teach and are placed in high-need
schools.
[(D) Making payments to pay for costs
associated with accepting teachers recruited
under this section from among eligible
participants or provide financial incentives to
prospective teachers who are eligible
participants.
[(E) Collaborating with institutions of
higher education in developing and implementing
programs to facilitate teacher recruitment
(including teacher credentialing) and teacher
retention programs.
[(F) Carrying out other programs, projects,
and activities that are designed and have
proven to be effective in recruiting and
retaining teachers, and that the Secretary
determines to be appropriate.
[(G) Developing long-term recruitment and
retention strategies including developing--
[(i) a statewide or regionwide
clearinghouse for the recruitment and
placement of teachers;
[(ii) administrative structures to
develop and implement programs to
provide alternative routes to
certification;
[(iii) reciprocity agreements
between or among States for the
certification or licensing of teachers;
or
[(iv) other long-term teacher
recruitment and retention strategies.
[(3) Effective programs.--The entity shall use the
funds only for programs that have proven to be
effective in both recruiting and retaining teachers.
[(h) Requirements.--
[(1) Targeting.--An entity that receives a grant
under this section to carry out a program shall ensure
that participants in the program recruited with funds
made available under this section are placed in high-
need schools operated by high-need local educational
agencies. In placing the participants in the schools,
the entity shall give priority to the schools that are
located in areas with the highest percentages of
students from families with incomes below the poverty
line.
[(2) Supplement, not supplant.--Funds made
available under this section shall be used to
supplement, and not supplant, State and local public
funds expended for teacher recruitment and retention
programs, including programs to recruit the teachers
through alternative routes to certification.
[(3) Partnerships and consortia of local
educational agencies.--In the case of a partnership
established by a local educational agency to carry out
a program under this chapter, or a consortium of such
agencies established to carry out a program under this
chapter, the local educational agency or consortium
shall not be eligible to receive funds through a State
program under this chapter.
[(i) Period of Service.--A program participant in a program
under this chapter who receives training through the program
shall serve a high-need school operated by a high-need local
educational agency for at least 3 years.
[(j) Repayment.--The Secretary shall establish such
requirements as the Secretary determines to be appropriate to
ensure that program participants who receive a stipend or other
financial incentive under subsection (g)(2)(A), but fail to
complete their service obligation under subsection (i), repay
all or a portion of such stipend or other incentive.
[(k) Administrative Funds.--No entity that receives a grant
under this section shall use more than 5 percent of the funds
made available through the grant for the administration of a
program under this chapter carried out under the grant.]
[SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND RETAINING
TEACHERS.
[(a) Evaluation.--Each entity that receives a grant under
this chapter shall conduct--
[(1) an interim evaluation of the program funded
under the grant at the end of the third year of the
grant period; and
[(2) a final evaluation of the program at the end
of the fifth year of the grant period.
[(b) Contents.--In conducting the evaluation, the entity
shall describe the extent to which local educational agencies
that received funds through the grant have met the goals
relating to teacher recruitment and retention described in the
application.
[(c) Reports.--The entity shall prepare and submit to the
Secretary and to Congress interim and final reports containing
the results of the interim and final evaluations, respectively.
[(d) Revocation.--If the Secretary determines that the
recipient of a grant under this chapter has not made
substantial progress in meeting such goals and the objectives
of the grant by the end of the third year of the grant period,
the Secretary--
[(1) shall revoke the payment made for the fourth
year of the grant period; and
[(2) shall not make a payment for the fifth year of
the grant period.]
[CHAPTER C--GENERAL PROVISIONS]
[SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated
to carry out this subpart $150,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding
fiscal years.
[(b) Reservation.--From the funds appropriated to carry out
this subpart for fiscal year 2002, the Secretary shall reserve
not more than $30,000,000 to carry out chapter A.]
[Subpart 2--National Writing Project]
[SEC. 2331. PURPOSES.
[The purposes of this subpart are--
[(1) to support and promote the expansion of the
National Writing Project network of sites so that
teachers in every region of the United States will have
access to a National Writing Project program;
[(2) to ensure the consistent high quality of the
sites through ongoing review, evaluation, and technical
assistance;
[(3) to support and promote the establishment of
programs to disseminate effective practices and
research findings about the teaching of writing; and
[(4) to coordinate activities assisted under this
subpart with activities assisted under this Act.
[SEC. 2332. NATIONAL WRITING PROJECT.
[(a) Authorization.--The Secretary is authorized to award a
grant to the National Writing Project, a nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student writing and learning (hereafter in this
section referred to as the ``grantee'') to improve the teaching
of writing and the use of writing as a part of the learning
process in our Nation's classrooms.
[(b) Requirements of Grant.--The grant shall provide that--
[(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (hereafter in this section
referred to as ``contractors'') under which the
contractors will agree to establish, operate, and
provide the non-Federal share of the cost of teacher
training programs in effective approaches and processes
for the teaching of writing;
[(2) funds made available by the Secretary to the
grantee pursuant to any contract entered into under
this section will be used to pay the Federal share of
the cost of establishing and operating teacher training
programs as provided in paragraph (1); and
[(3) the grantee will meet such other conditions
and standards as the Secretary determines to be
necessary to assure compliance with the provisions of
this section and will provide such technical assistance
as may be necessary to carry out the provisions of this
section.
[(c) Teacher Training Programs.--The teacher training
programs authorized in subsection (a) shall--
[(1) be conducted during the school year and during
the summer months;
[(2) train teachers who teach grades kindergarten
through college;
[(3) select teachers to become members of a
National Writing Project teacher network whose members
will conduct writing workshops for other teachers in
the area served by each National Writing Project site;
and
[(4) encourage teachers from all disciplines to
participate in such teacher training programs.
[(d) Federal Share.--
[(1) In general.--Except as provided in paragraph
(2) or (3) and for purposes of subsection (a), the term
``Federal share'' means, with respect to the costs of
teacher training programs authorized in subsection (a),
50 percent of such costs to the contractor.
[(2) Waiver.--The Secretary may waive the
provisions of paragraph (1) on a case-by-case basis if
the National Advisory Board described in subsection (e)
determines, on the basis of financial need, that such
waiver is necessary.
[(3) Maximum.--The Federal share of the costs of
teacher training programs conducted pursuant to
subsection (a) may not exceed $100,000 for any one
contractor, or $200,000 for a statewide program
administered by any one contractor in at least five
sites throughout the State.
[(e) National Advisory Board.--
[(1) Establishment.--The National Writing Project
shall establish and operate a National Advisory Board.
[(2) Composition.--The National Advisory Board
established pursuant to paragraph (1) shall consist
of--
[(A) national educational leaders;
[(B) leaders in the field of writing; and
[(C) such other individuals as the National
Writing Project determines necessary.
[(3) Duties.--The National Advisory Board
established pursuant to paragraph (1) shall--
[(A) advise the National Writing Project on
national issues related to student writing and
the teaching of writing;
[(B) review the activities and programs of
the National Writing Project; and
[(C) support the continued development of
the National Writing Project.
[(f) Evaluation.--
[(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the
teacher training programs administered pursuant to this
subpart. Such evaluation shall specify the amount of
funds expended by the National Writing Project and each
contractor receiving assistance under this section for
administrative costs. The results of such evaluation
shall be made available to the appropriate committees
of Congress.
[(2) Funding limitation.--The Secretary shall
reserve not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(h) for fiscal year 2002 and each of the 5 succeeding
fiscal years to conduct the evaluation described in
paragraph (1).
[(g) Application Review.--
[(1) Review board.--The National Writing Project
shall establish and operate a National Review Board
that shall consist of--
[(A) leaders in the field of research in
writing; and
[(B) such other individuals as the National
Writing Project deems necessary.
[(2) Duties.--The National Review Board shall--
[(A) review all applications for assistance
under this subsection; and
[(B) recommend applications for assistance
under this subsection for funding by the
National Writing Project.
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subpart $15,000,000 as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.]
[Subpart 3--Civic Education]
[SEC. 2341. SHORT TITLE.
[This subpart may be cited as the ``Education for Democracy
Act''.]
[SEC. 2342. PURPOSE.
[It is the purpose of this subpart--
[(1) to improve the quality of civics and
government education by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights;
[(2) to foster civic competence and responsibility;
and
[(3) to improve the quality of civic education and
economic education through cooperative civic education
and economic education exchange programs with emerging
democracies.]
[SEC. 2343. GENERAL AUTHORITY.
[(a) Authority.--The Secretary is authorized to award
grants to, or enter into contracts with--
[(1) the Center for Civic Education, to carry out
civic education activities under sections 2344 and
2345;
[(2) the National Council on Economic Education, to
carry out economic education activities under section
2345; and
[(3) organizations experienced in the development
of curricula and programs in civics and government
education and economic education for students in
elementary schools and secondary schools in countries
other than the United States, to carry out civic
education activities under section 2345.
[(b) Distribution for Cooperative Civic Education and
Economic Education Exchange Programs.--
[(1) Limitation.--Not more than 40 percent of the
amount appropriated under section 2346 for a fiscal
year shall be used to carry out section 2345.
[(2) Distribution.--Of the amount used to carry out
section 2345 for a fiscal year (consistent with
paragraph (1)), the Secretary shall use--
[(A) 37.5 percent for a grant or contract
for the Center for Civic Education;
[(B) 37.5 percent for a grant or contract
for the National Council on Economic Education;
and
[(C) 25 percent for not less than 1, but
not more than 3, grants or contracts for
organizations described in subsection (a)(3).]
[SEC. 2344. WE THE PEOPLE PROGRAM.
[(a) The Citizen and the Constitution.--
[(1) Educational activities.--The Center for Civic
Education--
[(A) shall use funds made available under
grants or contracts under section 2343(a)(1)--
[(i) to continue and expand the
educational activities of the program
entitled the ``We the People... The
Citizen and the Constitution'' program
administered by such center;
[(ii) to carry out activities to
enhance student attainment of
challenging academic content standards
in civics and government;
[(iii) to provide a course of
instruction on the basic principles of
the Nation's constitutional democracy
and the history of the Constitution of
the United States, including the Bill
of Rights;
[(iv) to provide, at the request of
a participating school, school and
community simulated congressional
hearings following the course of
instruction described in clause (iii);
and
[(v) to provide an annual national
competition of simulated congressional
hearings for secondary school students
who wish to participate in such a
program; and
[(B) may use funds made available under
grants or contracts under section 2343(a)(1)--
[(i) to provide advanced,
sustained, and ongoing training of
teachers about the Constitution of the
United States and the political system
of the United States;
[(ii) to provide materials and
methods of instruction, including
teacher training, that utilize the
latest advancements in educational
technology; and
[(iii) to provide civic education
materials and services to address
specific problems such as the
prevention of school violence and the
abuse of drugs and alcohol.
[(2) Availability of program.--The education
program authorized under this subsection shall be made
available to public and private elementary schools and
secondary schools, including Bureau funded schools, in
the 435 congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
[(b) Project Citizen.--
[(1) Educational activities.--The Center for Civic
Education--
[(A) shall use funds made available under
grants or contracts under section 2343(a)(1)--
[(i) to continue and expand the
educational activities of the program
entitled the ``We the People... Project
Citizen'' program administered by the
Center;
[(ii) to carry out activities to
enhance student attainment of
challenging academic content standards
in civics and government;
[(iii) to provide a course of
instruction at the middle school level
on the roles of State and local
governments in the Federal system
established by the Constitution of the
United States; and
[(iv) to provide an annual national
showcase or competition; and
[(B) may use funds made available under
grants or contracts under section 2343(a)(1)--
[(i) to provide optional school and
community simulated State legislative
hearings;
[(ii) to provide advanced,
sustained, and ongoing training of
teachers on the roles of State and
local governments in the Federal system
established by the Constitution of the
United States;
[(iii) to provide materials and
methods of instruction, including
teacher training, that utilize the
latest advancements in educational
technology; and
[(iv) to provide civic education
materials and services to address
specific problems such as the
prevention of school violence and the
abuse of drugs and alcohol.
[(2) Availability of program.--The education
program authorized under this subsection shall be made
available to public and private middle schools,
including Bureau funded schools, in the 50 States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
[(c) Bureau-Funded School Defined.--In this section, the
term ``Bureau-funded school'' has the meaning given such term
in section 1146 of the Education Amendments of 1978 (25 U.S.C.
2026).]
[SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE
PROGRAMS.
[(a) Cooperative Education Exchange Programs.--The Center
for Civic Education, the National Council on Economic
Education, and organizations described in section 2343(a)(3)
shall use funds made available under grants or contracts under
section 2343 to carry out cooperative education exchange
programs in accordance with this section.
[(b) Purpose.--The purpose of the cooperative education
exchange programs carried out under this section shall be--
[(1) to make available to educators from eligible
countries exemplary curriculum and teacher training
programs in civics and government education, and
economics education, developed in the United States;
[(2) to assist eligible countries in the
adaptation, implementation, and institutionalization of
such programs;
[(3) to create and implement civics and government
education, and economic education, programs for
students that draw upon the experiences of the
participating eligible countries;
[(4) to provide a means for the exchange of ideas
and experiences in civics and government education, and
economic education, among political, educational,
governmental, and private sector leaders of
participating eligible countries; and
[(5) to provide support for--
[(A) independent research and evaluation to
determine the effects of educational programs
on students' development of the knowledge,
skills, and traits of character essential for
the preservation and improvement of
constitutional democracy; and
[(B) effective participation in, and the
preservation and improvement of, an efficient
market economy.
[(c) Activities.--In carrying out the cooperative education
exchange programs assisted under this section, the Center for
Civic Education, the National Council on Economic Education,
and organizations described in section 2343(a)(3) shall--
[(1) provide to the participants from eligible
countries--
[(A) seminars on the basic principles of
United States constitutional democracy and
economic system, including seminars on the
major governmental and economic institutions
and systems in the United States, and visits to
such institutions;
[(B) visits to school systems, institutions
of higher education, and nonprofit
organizations conducting exemplary programs in
civics and government education, and economic
education, in the United States;
[(C) translations and adaptations with
respect to United States civics and government
education, and economic education, curricular
programs for students and teachers, and in the
case of training programs for teachers,
translations and adaptations into forms useful
in schools in eligible countries, and joint
research projects in such areas; and
[(D) independent research and evaluation
assistance--
[(i) to determine the effects of
the cooperative education exchange
programs on students' development of
the knowledge, skills, and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
[(ii) to identify effective
participation in, and the preservation
and improvement of, an efficient market
economy;
[(2) provide to the participants from the United
States--
[(A) seminars on the histories, economies,
and systems of government of eligible
countries;
[(B) visits to school systems, institutions
of higher education, and organizations
conducting exemplary programs in civics and
government education, and economic education,
located in eligible countries;
[(C) assistance from educators and scholars
in eligible countries in the development of
curricular materials on the history,
government, and economy of such countries that
are useful in United States classrooms;
[(D) opportunities to provide onsite
demonstrations of United States curricula and
pedagogy for educational leaders in eligible
countries; and
[(E) independent research and evaluation
assistance to determine--
[(i) the effects of the cooperative
education exchange programs assisted
under this section on students'
development of the knowledge, skills,
and traits of character essential for
the preservation and improvement of
constitutional democracy; and
[(ii) effective participation in,
and improvement of, an efficient market
economy; and
[(3) assist participants from eligible countries
and the United States to participate in international
conferences on civics and government education, and
economic education, for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
[(d) Participants.--The primary participants in the
cooperative education exchange programs assisted under this
section shall be educational leaders in the areas of civics and
government education, and economic education, including
teachers, curriculum and teacher training specialists, scholars
in relevant disciplines, and educational policymakers, and
government and private sector leaders from the United States
and eligible countries.
[(e) Consultation.--The Secretary may award a grant to, or
enter into a contract with, the entities described in section
2343 to carry out programs assisted under this section only if
the Secretary of State concurs with the Secretary that such
grant, or contract, respectively, is consistent with the
foreign policy of the United States.
[(f) Avoidance of Duplication.--With the concurrence of the
Secretary of State, the Secretary shall ensure that--
[(1) the activities carried out under the programs
assisted under this section are not duplicative of
other activities conducted in eligible countries; and
[(2) any institutions in eligible countries, with
which the Center for Civic Education, the National
Council on Economic Education, or organizations
described in section 2343(a)(3) may work in conducting
such activities, are creditable.
[(g) Eligible Country Defined.--In this section, the term
``eligible country'' means a Central European country, an
Eastern European country, Lithuania, Latvia, Estonia, the
independent states of the former Soviet Union as defined in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the
Republic of Ireland, the province of Northern Ireland in the
United Kingdom, and any developing country (as such term is
defined in section 209(d) of the Education for the Deaf Act) if
the Secretary, with the concurrence of the Secretary of State,
determines that such developing country has a democratic form
of government.
[SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart $30,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years.]
[Subpart 4--Teaching of Traditional American History]
[SEC. 2351. ESTABLISHMENT OF PROGRAM.
[(a) In General.--The Secretary may establish and implement
a program to be known as the ``Teaching American History Grant
Program'', under which the Secretary shall award grants on a
competitive basis to local educational agencies--
[(1) to carry out activities to promote the
teaching of traditional American history in elementary
schools and secondary schools as a separate academic
subject (not as a component of social studies); and
[(2) for the development, implementation, and
strengthening of programs to teach traditional American
history as a separate academic subject (not as a
component of social studies) within elementary school
and secondary school curricula, including the
implementation of activities--
[(A) to improve the quality of instruction;
and
[(B) to provide professional development
and teacher education activities with respect
to American history.
[(b) Required Partnership.--A local educational agency that
receives a grant under subsection (a) shall carry out
activities under the grant in partnership with one or more of
the following:
[(1) An institution of higher education.
[(2) A nonprofit history or humanities
organization.
[(3) A library or museum.
[(c) Application.--To be eligible to receive an grant under
this section, a local educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.]
SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.]
[Subpart 5--Teacher Liability Protection]
[SEC. 2361. SHORT TITLE.
[This subpart may be cited as the ``Paul D. Coverdell
Teacher Protection Act of 2001''.]
[SEC. 2362. PURPOSE.
[The purpose of this subpart is to provide teachers,
principals, and other school professionals the tools they need
to undertake reasonable actions to maintain order, discipline,
and an appropriate educational environment.]
[SEC. 2363. DEFINITIONS.
[For purposes of this subpart:
[(1) Economic loss.--The term ``economic loss''
means any pecuniary loss resulting from harm (including
the loss of earnings or other benefits related to
employment, medical expense loss, replacement services
loss, loss due to death, burial costs, and loss of
business or employment opportunities) to the extent
recovery for such loss is allowed under applicable
State law.
[(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
[(3) Noneconomic loss.--The term ``noneconomic
loss'' means loss for physical or emotional pain,
suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss
of society or companionship, loss of consortium (other
than loss of domestic service), hedonic damages, injury
to reputation, or any other nonpecuniary loss of any
kind or nature.
[(4) School.--The term ``school'' means a public or
private kindergarten, a public or private elementary
school or secondary school, or a home school.
[(5) 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, any other
territory or possession of the United States, or any
political subdivision of any such State, territory, or
possession.
[(6) Teacher.--The term ``teacher'' means--
[(A) a teacher, instructor, principal, or
administrator;
[(B) another educational professional who
works in a school;
[(C) a professional or nonprofessional
employee who--
[(i) works in a school; and
[(ii)(I) in the employee's job,
maintains discipline or ensures safety;
or
[(II) in an emergency, is called on
to maintain discipline or ensure
safety; or
[(D) an individual member of a school board
(as distinct from the board).]
[SEC. 2364. APPLICABILITY.
[This subpart shall only apply to States that receive funds
under this Act, and shall apply to such a State as a condition
of receiving such funds.]
[SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
[(a) Preemption.--This subpart preempts the laws of any
State to the extent that such laws are inconsistent with this
subpart, except that this subpart shall not preempt any State
law that provides additional protection from liability relating
to teachers.
[(b) Election of State Regarding Nonapplicability.--This
subpart shall not apply to any civil action in a State court
against a teacher with respect to claims arising within that
State if such State enacts a statute in accordance with State
requirements for enacting legislation--
[(1) citing the authority of this subsection;
[(2) declaring the election of such State that this
subpart shall not apply, as of a date certain, to such
civil action in the State; and
[(3) containing no other provisions.]
[SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.
[(a) Liability Protection for Teachers.--Except as provided
in subsection (b), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of
the school if--
[(1) the teacher was acting within the scope of the
teacher's employment or responsibilities to a school or
governmental entity;
[(2) the actions of the teacher were carried out in
conformity with Federal, State, and local laws
(including rules and regulations) in furtherance of
efforts to control, discipline, expel, or suspend a
student or maintain order or control in the classroom
or school;
[(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the
appropriate authorities for the activities or practice
involved in the State in which the harm occurred, where
the activities were or practice was undertaken within
the scope of the teacher's responsibilities;
[(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or
safety of the individual harmed by the teacher; and
[(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to--
[(A) possess an operator's license; or
[(B) maintain insurance.
[(b) Exceptions to Teacher Liability Protection.--If the
laws of a State limit teacher liability subject to one or more
of the following conditions, such conditions shall not be
construed as inconsistent with this section:
[(1) A State law that requires a school or
governmental entity to adhere to risk management
procedures, including mandatory training of teachers.
[(2) A State law that makes the school or
governmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is
liable for the acts or omissions of its employees.
[(3) ate law that makes a limitation of liability
inapplicable if the civil action was brought by an
officer of a State or local government pursuant to
State or local law.
[(c) Limitation on Punitive Damages Based on the Actions of
Teachers.--
[(1) General rule.--Punitive damages may not be
awarded against a teacher in an action brought for harm
based on the act or omission of a teacher acting within
the scope of the teacher's employment or
responsibilities to a school or governmental entity
unless the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an act
or omission of such teacher that constitutes willful or
criminal misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual
harmed.
[(2) Construction.--Paragraph (1) does not create a
cause of action for punitive damages and does not
preempt or supersede any Federal or State law to the
extent that such law would further limit the award of
punitive damages.
[(d) Exceptions to Limitations on Liability.--
[(1) In general.--The limitations on the liability
of a teacher under this subpart shall not apply to any
misconduct that--
[(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international
terrorism (as that term is defined in section
2331 of title 18, United States Code) for which
the defendant has been convicted in any court;
[(B) involves a sexual offense, as defined
by applicable State law, for which the
defendant has been convicted in any court;
[(C) involves misconduct for which the
defendant has been found to have violated a
Federal or State civil rights law; or
[(D) where the defendant was under the
influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug
at the time of the misconduct.
[(2) Hiring.--The limitations on the liability of a
teacher under this subpart shall not apply to
misconduct during background investigations, or during
other actions, involved in the hiring of a teacher.
[(e) Rules of Construction.--
[(1) Concerning responsibility of teachers to
schools and governmental entities.--Nothing in this
section shall be construed to affect any civil action
brought by any school or any governmental entity
against any teacher of such school.
[(2) Concerning corporal punishment.--Nothing in
this subpart shall be construed to affect any State or
local law (including a rule or regulation) or policy
pertaining to the use of corporal punishment.]
[SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.
[(a) General Rule.--In any civil action against a teacher,
based on an act or omission of a teacher acting within the
scope of the teacher's employment or responsibilities to a
school or governmental entity, the liability of the teacher for
noneconomic loss shall be determined in accordance with
subsection (b).
[(b) Amount of Liability.--
[(1) In general.--
[(A) Liability.--Each defendant who is a
teacher shall be liable only for the amount of
noneconomic loss allocated to that defendant in
direct proportion to the percentage of
responsibility of that defendant (determined in
accordance with paragraph (2)) for the harm to
the claimant with respect to which that
defendant is liable.
[(B) Separate judgment.--The court shall
render a separate judgment against each
defendant in an amount determined pursuant to
subparagraph (A).
[(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to
a defendant who is a teacher under this section, the
trier of fact shall determine the percentage of
responsibility of each person responsible for the
claimant's harm, whether or not such person is a party
to the action.
[(c) Rule of Construction.--Nothing in this section shall
be construed to preempt or supersede any Federal or State law
that further limits the application of joint liability in a
civil action described in subsection (a), beyond the
limitations established in this section.]
[SEC. 2368. EFFECTIVE DATE.
[(a) In General.--This subpart shall take effect 90 days
after the date of enactment of the No Child Left Behind Act of
2001.
[(b) Application.--This subpart applies to any claim for
harm caused by an act or omission of a teacher if that claim is
filed on or after the effective date of the No Child Left
Behind Act of 2001 without regard to whether the harm that is
the subject of the claim or the conduct that caused the harm
occurred before such effective date.]
[PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY]
[SEC. 2401. SHORT TITLE.
[This part may be cited as the ``Enhancing Education
Through Technology Act of 2001''.]
[SEC. 2402. PURPOSES AND GOALS.
[(a) Purposes.--The purposes of this part are the
following:
[(1) To provide assistance to States and localities
for the implementation and support of a comprehensive
system that effectively uses technology in elementary
schools and secondary schools to improve student
academic achievement.
[(2) To encourage the establishment or expansion of
initiatives, including initiatives involving public-
private partnerships, designed to increase access to
technology, particularly in schools served by high-need
local educational agencies.
[(3) To assist States and localities in the
acquisition, development, interconnection,
implementation, improvement, and maintenance of an
effective educational technology infrastructure in a
manner that expands access to technology for students
(particularly for disadvantaged students) and teachers.
[(4) To promote initiatives that provide school
teachers, principals, and administrators with the
capacity to integrate technology effectively into
curricula and instruction that are aligned with
challenging State academic content and student academic
achievement standards, through such means as high-
quality professional development programs.
[(5) To enhance the ongoing professional
development of teachers, principals, and administrators
by providing constant access to training and updated
research in teaching and learning through electronic
means.
[(6) To support the development and utilization of
electronic networks and other innovative methods, such
as distance learning, of delivering specialized or
rigorous academic courses and curricula for students in
areas that would not otherwise have access to such
courses and curricula, particularly in geographically
isolated regions.
[(7) To support the rigorous evaluation of programs
funded under this part, particularly regarding the
impact of such programs on student academic
achievement, and ensure that timely information on the
results of such evaluations is widely accessible
through electronic means.
[(8) To support local efforts using technology to
promote parent and family involvement in education and
communication among students, parents, teachers,
principals, and administrators.
[(b) Goals.--
[(1) Primary goal.--The primary goal of this part
is to improve student academic achievement through the
use of technology in elementary schools and secondary
schools.
[(2) Additional goals.--The additional goals of
this part are the following:
[(A) To assist every student in crossing
the digital divide by ensuring that every
student is technologically literate by the time
the student finishes the eighth grade,
regardless of the student's race, ethnicity,
gender, family income, geographic location, or
disability.
[(B) To encourage the effective integration
of technology resources and systems with
teacher training and curriculum development to
establish research-based instructional methods
that can be widely implemented as best
practices by State educational agencies and
local educational agencies.]
[SEC. 2403. DEFINITIONS.
[In this part:
[(1) Eligible local entity.--The term ``eligible
local entity'' means--
[(A) a high-need local educational agency;
or
[(B) an eligible local partnership.
[(2) Eligible local partnership.--The term
``eligible local partnership'' means a partnership
that--
[(A) shall include at least one high-need
local educational agency and at least one--
[(i) local educational agency that
can demonstrate that teachers in
schools served by the agency are
effectively integrating technology and
proven teaching practices into
instruction, based on a review of
relevant research, and that the
integration results in improvement in--
[(I) classroom instruction
in the core academic subjects;
and
[(II) the preparation of
students to meet challenging
State academic content and
student academic achievement
standards;
[(ii) institution of higher
education that is in full compliance
with the reporting requirements of
section 207(f) of the Higher Education
Act of 1965 and that has not been
identified by its State as low-
performing under section 208 of such
Act;
[(iii) for-profit business or
organization that develops, designs,
manufactures, or produces technology
products or services, or has
substantial expertise in the
application of technology in
instruction; or
[(iv) public or private nonprofit
organization with demonstrated
experience in the application of
educational technology to instruction;
and
[(B) may include other local educational
agencies, educational service agencies,
libraries, or other educational entities
appropriate to provide local programs.
[(3) High-need local educational agency.--The term
``high-need local educational agency'' means a local
educational agency that--
[(A) is among the local educational
agencies in a State with the highest numbers or
percentages of children from families with
incomes below the poverty line; and
[(B)(i) operates one or more schools
identified under section 1116; or
[(ii) has a substantial need for assistance
in acquiring and using technology.]
[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated
to carry out subparts 1 and 2, $1,000,000,000 for fiscal year
2002, and such sums as may be necessary for each of the 5
succeeding fiscal years.
[(b) Allocation of Funds Between State and Local and
National Initiatives.--The amount of funds made available under
subsection (a) for a fiscal year shall be allocated so that--
[(1) not less than 98 percent is made available to
carry out subpart 1; and
[(2) not more than 2 percent is made available to
carry out subpart 2.
[(c) Allocation of Funds for Study.--Of the total amount of
funds allocated under subsection (b)(2) for fiscal years 2002
through 2007, not more than $15,000,000 may be used to carry
out section 2421(a).
[(d) Limitation.--Of the amount of funds made available to
a recipient of funds under this part for a fiscal year, not
more than 5 percent may be used by the recipient for
administrative costs or technical assistance, of which not more
than 60 percent may be used by the recipient for administrative
costs.]
[Subpart 1--State and Local Technology Grants]
[SEC. 2411. ALLOTMENT AND REALLOTMENT.
[(a) Reservations and Allotment.--From the amount made
available to carry out this subpart under section 2404(b)(1)
for a fiscal year--
[(1) the Secretary shall reserve--
[(A) three-fourths of 1 percent for the
Secretary of the Interior for programs under
this subpart for schools operated or funded by
the Bureau of Indian Affairs;
[(B) one-half of 1 percent to provide
assistance under this subpart to the outlying
areas; and
[(C) such sums as may be necessary for
continuation awards on grants awarded under
section 3136 prior to the date of enactment of
the No Child Left Behind Act of 2001; and
[(2) from the remainder of such amount and subject
to subsection (b), the Secretary shall make grants by
allotting to each eligible State educational agency
under this subpart an amount that bears the same
relationship to such remainder for such year as the
amount received under part A of title I for such year
by such State educational agency bears to the amount
received under such part for such year by all State
educational agencies.
[(b) Minimum Allotment.--The amount of any State
educational agency's allotment under subsection (a)(2) for any
fiscal year may not be less than one-half of 1 percent of the
amount made available for allotments to States under this part
for such year.
[(c) Reallotment of Unused Funds.--If any State educational
agency does not apply for an allotment under this subpart for a
fiscal year, or does not use its entire allotment under this
subpart for that fiscal year, the Secretary shall reallot the
amount of the State educational agency's allotment, or the
unused portion of the allotment, to the remaining State
educational agencies that use their entire allotments under
this subpart in accordance with this section.
[(d) State Educational Agency Defined.--In this section,
the term ``State educational agency'' does not include an
agency of an outlying area or the Bureau of Indian Affairs.]
[SEC. 2412. USE OF ALLOTMENT BY STATE.
[(a) In General.--Of the amount provided to a State
educational agency (from the agency's allotment under section
2411(a)(2)) for a fiscal year--
[(1) the State educational agency may use not more
than 5 percent to carry out activities under section
2415; and
[(2) the State educational agency shall distribute
the remainder as follows:
[(A) From 50 percent of the remainder, the
State educational agency shall award subgrants
by allocating to each eligible local
educational agency that has submitted an
application to the State educational agency
under section 2414, for the activities
described in section 2416, an amount that bears
the same relationship to 50 percent of the
remainder for such year as the amount received
under part A of title I for such year by such
local educational agency bears to the amount
received under such part for such year by all
local educational agencies within the State.
[(B) From 50 percent of the remainder and
subject to subsection (b), the State
educational agency shall award subgrants,
through a State-determined competitive process,
to eligible local entities that have submitted
applications to the State educational agency
under section 2414, for the activities
described in section 2416.
[(b) Sufficient Amounts.--
[(1) Special rule.--In awarding a subgrant under
subsection (a)(2)(B), the State educational agency
shall--
[(A) determine the local educational
agencies that--
[(i) received allocations under
subsection (a)(2)(A) that are not of
sufficient size to be effective,
consistent with the purposes of this
part; and
[(ii) are eligible local entities;
[(B) give priority to applications
submitted by eligible local educational
agencies described in subparagraph (A); and
[(C) determine the minimum amount for
awards under subsection (a)(2)(B) to ensure
that subgrants awarded under that subsection
are of sufficient size to be effective.
[(2) Sufficiency.--In awarding subgrants under
subsection (a)(2)(B), each State educational agency
shall ensure that each subgrant is of sufficient size
and duration, and that the program funded by the
subgrant is of sufficient scope and quality, to carry
out the purposes of this part effectively.
[(3) Distribution.--In awarding subgrants under
subsection (a)(2)(B), each State educational agency
shall ensure an equitable distribution of assistance
under this subpart among urban and rural areas of the
State, according to the demonstrated need of those
local educational agencies serving the areas.
[(c) Fiscal Agent.--If an eligible local partnership
receives a subgrant under subsection (a)(2)(B), a local
educational agency in the partnership shall serve as the fiscal
agent for the partnership.
[(d) Technical Assistance.--Each State educational agency
receiving a grant under section 2411(a) shall--
[(1) identify the local educational agencies served
by the State educational agency that--
[(A) have the highest numbers or
percentages of children from families with
incomes below the poverty line; and
[(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing an application under
section 2414; and
[(2) offer the technical assistance described in
paragraph (1)(B) to those local educational agencies.]
[SEC. 2413. STATE APPLICATIONS.
[(a) In General.--To be eligible to receive a grant under
this subpart, a State educational agency shall submit to the
Secretary, at such time and in such manner as the Secretary may
specify, an application containing a new or updated statewide
long-range strategic educational technology plan (which shall
address the educational technology needs of local educational
agencies) and such other information as the Secretary may
reasonably require.
[(b) Contents.--Each State application submitted under
subsection (a) shall include each of the following:
[(1) An outline of the State educational agency's
long-term strategies for improving student academic
achievement, including technology literacy, through the
effective use of technology in classrooms throughout
the State, including through improving the capacity of
teachers to integrate technology effectively into
curricula and instruction.
[(2) A description of the State educational
agency's goals for using advanced technology to improve
student academic achievement, and how those goals are
aligned with challenging State academic content and
student academic achievement standards.
[(3) A description of how the State educational
agency will take steps to ensure that all students and
teachers in the State, particularly students and
teachers in districts served by high-need local
educational agencies, have increased access to
technology.
[(4) A description of the process and
accountability measures that the State educational
agency will use to evaluate the extent to which
activities funded under this subpart are effective in
integrating technology into curricula and instruction.
[(5) A description of how the State educational
agency will encourage the development and utilization
of innovative strategies for the delivery of
specialized or rigorous academic courses and curricula
through the use of technology, including distance
learning technologies, particularly for those areas of
the State that would not otherwise have access to such
courses and curricula due to geographical isolation or
insufficient resources.
[(6) An assurance that financial assistance
provided under this subpart will supplement, and not
supplant, State and local funds.
[(7) A description of how the plan incorporates
teacher education, professional development, and
curriculum development, and how the State educational
agency will work to ensure that teachers and principals
in a State receiving funds under this part are
technologically literate.
[(8) A description of--
[(A) how the State educational agency will
provide technical assistance to applicants
under section 2414, especially to those
applicants serving the highest numbers or
percentages of children in poverty or with the
greatest need for technical assistance; and
[(B) the capacity of the State educational
agency to provide such assistance.
[(9) A description of technology resources and
systems that the State will provide for the purpose of
establishing best practices that can be widely
replicated by State educational agencies and local
educational agencies in the State and in other States.
[(10) A description of the State's long-term
strategies for financing technology to ensure that all
students, teachers, and classrooms have access to
technology.
[(11) A description of the State's strategies for
using technology to increase parental involvement.
[(12) A description of how the State educational
agency will ensure that each subgrant awarded under
section 2412(a)(2)(B) is of sufficient size and
duration, and that the program funded by the subgrant
is of sufficient scope and quality, to carry out the
purposes of this part effectively.
[(13) A description of how the State educational
agency will ensure ongoing integration of technology
into school curricula and instructional strategies in
all schools in the State, so that technology will be
fully integrated into the curricula and instruction of
the schools by December 31, 2006.
[(14) A description of how the local educational
agencies in the State will provide incentives to
teachers who are technologically literate and teaching
in rural or urban areas, to encourage such teachers to
remain in those areas.
[(15) A description of how public and private
entities will participate in the implementation and
support of the plan.
[(c) 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.
[(d) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and an opportunity for a hearing.
[(e) 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.
[(f) Response.--If the State educational agency responds to
the Secretary's notification described in subsection (e)(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
(e)(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 (c).
[(g) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (e)(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. 2414. LOCAL APPLICATIONS.
[(a) In General.--To be eligible to receive a subgrant from
a State educational agency under this subpart, a local
educational agency or eligible local entity shall submit to the
State educational agency an application containing a new or
updated local long-range strategic educational technology plan
that is consistent with the objectives of the statewide
educational technology plan described in section 2413(a), and
such other information as the State educational agency may
reasonably require, at such time and in such manner as the
State educational agency may require.
[(b) Contents.--The application shall include each of the
following:
[(1) A description of how the applicant will use
Federal funds under this subpart to improve the student
academic achievement, including technology literacy, of
all students attending schools served by the local
educational agency and to improve the capacity of all
teachers teaching in schools served by the local
educational agency to integrate technology effectively
into curricula and instruction.
[(2) A description of the applicant's specific
goals for using advanced technology to improve student
academic achievement, aligned with challenging State
academic content and student academic achievement
standards.
[(3) A description of the steps the applicant will
take to ensure that all students and teachers in
schools served by the local educational agency involved
have increased access to educational technology,
including how the agency would use funds under this
subpart (such as combining the funds with funds from
other sources), to help ensure that--
[(A) students in high-poverty and high-
needs schools, or schools identified under
section 1116, have access to technology; and
[(B) teachers are prepared to integrate
technology effectively into curricula and
instruction.
[(4) A description of how the applicant will--
[(A) identify and promote curricula and
teaching strategies that integrate technology
effectively into curricula and instruction,
based on a review of relevant research, leading
to improvements in student academic
achievement, as measured by challenging State
academic content and student academic
achievement standards; and
[(B) provide ongoing, sustained
professional development for teachers,
principals, administrators, and school library
media personnel serving the local educational
agency, to further the effective use of
technology in the classroom or library media
center, including, if applicable, a list of the
entities that will be partners with the local
educational agency involved in providing the
ongoing, sustained professional development.
[(5) A description of the type and costs of
technologies to be acquired under this subpart,
including services, software, and digital curricula,
and including specific provisions for interoperability
among components of such technologies.
[(6) A description of how the applicant will
coordinate activities carried out with funds provided
under this subpart with technology-related activities
carried out with funds available from other Federal,
State, and local sources.
[(7) A description of how the applicant will
integrate technology (including software and other
electronically delivered learning materials) into
curricula and instruction, and a timeline for such
integration.
[(8) A description of how the applicant will
encourage the development and utilization of innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology, including distance learning technologies,
particularly for those areas that would not otherwise
have access to such courses and curricula due to
geographical isolation or insufficient resources.
[(9) A description of how the applicant will ensure
the effective use of technology to promote parental
involvement and increase communication with parents,
including a description of how parents will be informed
of the technology being applied in their child's
education so that the parents are able to reinforce at
home the instruction their child receives at school.
[(10) A description of how programs will be
developed, where applicable, in collaboration with
adult literacy service providers, to maximize the use
of technology.
[(11) A description of the process and
accountability measures that the applicant will use to
evaluate the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction, increasing the ability
of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
[(12) A description of the supporting resources
(such as services, software, other electronically
delivered learning materials, and print resources) that
will be acquired to ensure successful and effective
uses of technology.
[(c) Combined Applications.--A local educational agency
that is an eligible local entity and submits an application to
the State educational agency under this section for funds
awarded under section 2412(a)(2)(A) may combine the agency's
application for funds awarded under that section with an
application for funds awarded under section 2412(a)(2)(B).
[(d) Special Rule.--
[(1) Consortium applications.--
[(A) In general.--For any fiscal year, a
local educational agency applying for financial
assistance described in section 2412(a)(2)(A)
may apply as part of a consortium that includes
other local educational agencies, institutions
of higher education, educational service
agencies, libraries, or other educational
entities appropriate to provide local programs.
[(B) Fiscal agent.--If a local educational
agency applies for and receives financial
assistance described in section 2412(a)(2)(A)
as part of a consortium, the local educational
agency shall serve as the fiscal agent for the
consortium.
[(2) State educational agency assistance.--At the
request of a local educational agency, a State
educational agency may assist the local educational
agency in the formation of a consortium described in
paragraph (1) to provide services for the teachers and
students served by the local educational agency.]
[SEC. 2415. STATE ACTIVITIES.
[From funds made available under section 2412(a)(1), a
State educational agency shall carry out activities and assist
local efforts to carry out the purposes of this part, which may
include the following activities:
[(1) Developing, or assisting applicants or
recipients of funds under this subpart in the
development and utilization of, innovative strategies
for the delivery of specialized or rigorous academic
courses and curricula through the use of technology,
including distance learning technologies, and providing
other technical assistance to such applicants or
recipients throughout the State, with priority given to
high-need local educational agencies.
[(2) Establishing or supporting public-private
initiatives (such as interest-free or reduced-cost
loans) for the acquisition of educational technology
for high-need local educational agencies and students
attending schools served by such agencies.
[(3) Assisting recipients of funds under this
subpart in providing sustained and intensive, high-
quality professional development based on a review of
relevant research in the integration of advanced
technologies, including emerging technologies, into
curricula and instruction and in using those
technologies to create new learning environments,
including training in the use of technology to--
[(A) access data and resources to develop
curricula and instructional materials;
[(B) enable teachers--
[(i) to use the Internet and other
technology to communicate with parents,
other teachers, principals, and
administrators; and
[(ii) to retrieve Internet-based
learning resources; and
[(C) lead to improvements in classroom
instruction in the core academic subjects, that
effectively prepare students to meet
challenging State academic content standards
and student academic achievement standards.
[(4) Assisting recipients of funds under this
subpart in providing all students (including students
with disabilities and students with limited English
proficiency) and teachers with access to educational
technology.
[(5) Developing performance measurement systems to
determine the effectiveness of educational technology
programs funded under this subpart, particularly in
determining the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction, increasing the ability
of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
[(6) Collaborating with other State educational
agencies on distance learning, including making
specialized or rigorous academic courses and curricula
available to students in areas that would not otherwise
have access to such courses and curricula.]
[SEC. 2416. LOCAL ACTIVITIES.
[(a) Professional Development.--
[(1) In general.--A recipient of funds made
available under section 2412(a)(2) shall use not less
than 25 percent of such funds to provide ongoing,
sustained, and intensive, high-quality professional
development. The recipient shall provide professional
development in the integration of advanced
technologies, including emerging technologies, into
curricula and instruction and in using those
technologies to create new learning environments, such
as professional development in the use of technology--
[(A) to access data and resources to
develop curricula and instructional materials;
[(B) to enable teachers--
[(i) to use the Internet and other
technology to communicate with parents,
other teachers, principals, and
administrators; and
[(ii) to retrieve Internet-based
learning resources; and
[(C) to lead to improvements in classroom
instruction in the core academic subjects, that
effectively prepare students to meet
challenging State academic content standards,
including increasing student technology
literacy, and student academic achievement
standards.
[(2) Waivers.--Paragraph (1) shall not apply to a
recipient of funds made available under section
2412(a)(2) that demonstrates, to the satisfaction of
the State educational agency involved, that the
recipient already provides ongoing, sustained, and
intensive, high-quality professional development that
is based on a review of relevant research, to all
teachers in core academic subjects in the integration
of advanced technologies, including emerging
technologies, into curricula and instruction.
[(b) Other Activities.--In addition to the activities
described in subsection (a), a recipient of funds made
available by a State educational agency under section
2412(a)(2) shall use such funds to carry out other activities
consistent with this subpart, which may include the following:
[(1) Establishing or expanding initiatives,
particularly initiatives involving public-private
partnerships, designed to increase access to technology
for students and teachers, with special emphasis on the
access of high-need schools to technology.
[(2) Adapting or expanding existing and new
applications of technology to enable teachers to
increase student academic achievement, including
technology literacy--
[(A) through the use of teaching practices
that are based on a review of relevant research
and are designed to prepare students to meet
challenging State academic content and student
academic achievement standards; and
[(B) by the development and utilization of
innovative distance learning strategies to
deliver specialized or rigorous academic
courses and curricula to areas that would not
otherwise have access to such courses and
curricula.
[(3) Acquiring proven and effective courses and
curricula that include integrated technology and are
designed to help students meet challenging State
academic content and student academic achievement
standards.
[(4) Utilizing technology to develop or expand
efforts to connect schools and teachers with parents
and students to promote meaningful parental
involvement, to foster increased communication about
curricula, assignments, and assessments between
students, parents, and teachers, and to assist parents
to understand the technology being applied in their
child's education, so that parents are able to
reinforce at home the instruction their child receives
at school.
[(5) Preparing one or more teachers in elementary
schools and secondary schools as technology leaders who
are provided with the means to serve as experts and
train other teachers in the effective use of
technology, and providing bonus payments to the
technology leaders.
[(6) Acquiring, adapting, expanding, implementing,
repairing, and maintaining existing and new
applications of technology, to support the school
reform effort and to improve student academic
achievement, including technology literacy.
[(7) Acquiring connectivity linkages, resources,
and services (including the acquisition of hardware and
software and other electronically delivered learning
materials) for use by teachers, students, academic
counselors, and school library media personnel in the
classroom, in academic and college counseling centers,
or in school library media centers, in order to improve
student academic achievement.
[(8) Using technology to collect, manage, and
analyze data to inform and enhance teaching and school
improvement efforts.
[(9) Implementing performance measurement systems
to determine the effectiveness of education technology
programs funded under this subpart, particularly in
determining the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction, increasing the ability
of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
[(10) Developing, enhancing, or implementing
information technology courses.]
[Subpart 2--National Technology Activities]
[SEC. 2421. NATIONAL ACTIVITIES.
[(a) Study.--Using funds made available under section
2404(b)(2), the Secretary--
[(1) shall conduct an independent, long-term study,
utilizing scientifically based research methods and
control groups or control conditions--
[(A) on the conditions and practices under
which educational technology is effective in
increasing student academic achievement; and
[(B) on the conditions and practices that
increase the ability of teachers to integrate
technology effectively into curricula and
instruction, that enhance the learning
environment and opportunities, and that
increase student academic achievement,
including technology literacy;
[(2) shall establish an independent review panel to
advise the Secretary on methodological and other issues
that arise in conducting the long-term study;
[(3) shall consult with other interested Federal
departments or agencies, State and local educational
practitioners and policymakers (including teachers,
principals, and superintendents), and experts in
technology, regarding the study; and
[(4) shall submit to Congress interim reports, when
appropriate, and a final report, to be submitted not
later than April 1, 2006, on the findings of the study.
[(b) Dissemination.--Using funds made available under
section 2404(b)(2), the Secretary shall make widely available,
including through dissemination on the Internet and to all
State educational agencies and other recipients of funds under
this part, findings identified through activities carried out
under this section regarding the conditions and practices under
which educational technology is effective in increasing student
academic achievement.
[(c) Technical Assistance.--Using funds made available
under section 2404(b)(2), the Secretary may provide technical
assistance (directly or through the competitive award of grants
or contracts) to State educational agencies, local educational
agencies, and other recipients of funds, particularly in rural
areas, under this part, in order to assist such State
educational agencies, local educational agencies, and other
recipients to achieve the purposes of this part.]
[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.
[(a) In General.--Based on the Nation's progress and an
assessment by the Secretary of the continuing and future needs
of the Nation's schools in effectively using technology to
provide all students the opportunity to meet challenging State
academic content and student academic achievement standards,
the Secretary shall update and publish, in a form readily
accessible to the public, a national long-range technology
plan, by not later than 12 months after the date of enactment
of the No Child Left Behind Act of 2001.
[(b) Contents.--The plan referred to in subsection (a)
shall include each of the following:
[(1) A description of the manner in which the
Secretary will promote--
[(A) higher student academic achievement
through the integration of advanced
technologies, including emerging technologies,
into curricula and instruction;
[(B) increased access to technology for
teaching and learning for schools with a high
number or percentage of children from families
with incomes below the poverty line; and
[(C) the use of technology to assist in the
implementation of State systemic reform
strategies.
[(2) A description of joint activities of the
Department of Education and other Federal departments
or agencies that will promote the use of technology in
education.]
[Subpart 3--Ready-to-Learn Television]
[SEC. 2431. READY-TO-LEARN TELEVISION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with, eligible entities described in
paragraph (3) to enable such entities--
[(A) 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;
[(B) 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;
[(C) 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;
[(D) 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
[(E) to develop and disseminate education
and training materials, including interactive
programs and programs adaptable to distance
learning technologies, that are designed--
[(i) to promote school readiness;
and
[(ii) to promote the effective use
of materials developed under
subparagraphs (B) and (C) 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
after-school program personnel caring
for preschool and elementary school
children.
[(2) Availability.--In awarding grants, contracts,
or cooperative agreements under this section, the
Secretary shall ensure that eligible entities make
programming widely available, with support materials as
appropriate, to young children, parents, child care
workers, Head Start providers, Even Start providers,
and providers of family literacy services to increase
the effective use of such programming.
[(3) Eligible entities.--To be eligible to receive
a grant, contract, or cooperative agreements under this
section, an entity shall be 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.
[(4) Coordination of activities.--An entity
receiving a grant, contract, or cooperative agreement
under this section shall consult with the Secretary and
the Secretary of Health and Human Services--
[(A) to maximize the utilization of quality
educational programming by preschool and
elementary school children, and make such
programming widely available to federally
funded programs serving such populations; and
[(B) to coordinate activities with Federal
programs that have major training components
for early childhood development, including
programs under the Head Start Act (42 U.S.C.
9831 et seq.) and Even Start, and State
training activities funded under the Child Care
and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), regarding the
availability and utilization of materials
developed under paragraph (1)(E) to enhance
parent and child care provider skills in early
childhood development and education.
[(b) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
[(c) Reports and Evaluations.--
[(1) Annual report to the secretary.--An entity
receiving a grant, contract, or cooperative agreement
under this section shall prepare and submit to the
Secretary an annual report that contains such
information as the Secretary may require. At a minimum,
the report shall describe the program activities
undertaken with funds received under the grant,
contract, or cooperative agreement, including each of
the following:
[(A) The programming that has been
developed, directly or indirectly, by the
eligible entity, and the target population of
the programs developed.
[(B) The support and training materials
that have been developed to accompany the
programming, and the method by which the
materials are distributed to consumers and
users of the programming.
[(C) The means by which programming
developed under this section has been
distributed, including the distance learning
technologies that have been utilized to make
programming available, and the geographic
distribution achieved through such
technologies.
[(D) The initiatives undertaken by the
entity to develop public-private partnerships
to secure non-Federal support for the
development, distribution, and broadcast of
educational and instructional programming.
[(2) Report to congress.--The Secretary shall
prepare and submit to the relevant committees of
Congress a biannual report that includes the following:
[(A) A summary of the activities assisted
under subsection (a).
[(B) A description of the education and
training materials made available under
subsection (a)(1)(E), the manner in which
outreach has been conducted to inform parents
and child care providers of the availability of
such materials, and the manner in which such
materials have been distributed in accordance
with such subsection.
[(d) Administrative Costs.--An entity that receives a
grant, contract, or cooperative agreement under this section
may use up to 5 percent of the amount received under the grant,
contract, or agreement for the normal and customary expenses of
administering the grant, contract, or agreement.
[(e) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002, and for each of the
5 succeeding fiscal years.
[(2) Funding rule.--Not less than 60 percent of the
amount appropriated under paragraph (1) for each fiscal
year shall be used to carry out activities under
subparagraphs (B) through (D) of subsection (a)(1).]
[Subpart 4--Limitation on Availability of Certain Funds for Schools]
[SEC. 2441. INTERNET SAFETY.
[(a) In General.--No funds made available under this part
to a local educational agency for an elementary school or
secondary school that does not receive services at discount
rates under section 254(h)(5) of the Communications Act of 1934
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to
access the Internet, or to pay for direct costs associated with
accessing the Internet, for such school unless the school,
school board, local educational agency, or other authority with
responsibility for administration of such school both--
[(1)(A) has in place a policy of Internet safety
for minors that includes the operation of a technology
protection measure with respect to any of its computers
with Internet access that protects against access
through such computers to visual depictions that are--
[(i) obscene;
[(ii) child pornography; or
[(iii) harmful to minors; and
[(B) is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and
[(2)(A) has in place a policy of Internet safety
that includes the operation of a technology protection
measure with respect to any of its computers with
Internet access that protects against access through
such computers to visual depictions that are--
[(i) obscene; or
[(ii) child pornography; and
[(B) is enforcing the operation of such technology
protection measure during any use of such computers.
[(b) Timing and Applicability of Implementation.--
[(1) In general.--The local educational agency with
responsibility for a school covered by subsection (a)
shall certify the compliance of such school with the
requirements of subsection (a) as part of the
application process for the next program funding year
under this Act following December 21, 2000, and for
each subsequent program funding year thereafter.
[(2) Process.--
[(A) Schools with internet safety policies
and technology protection measures in place.--A
local educational agency with responsibility
for a school covered by subsection (a) that has
in place an Internet safety policy meeting the
requirements of subsection (a) shall certify
its compliance with subsection (a) during each
annual program application cycle under this
Act.
[(B) Schools without internet safety
policies and technology protection measures in
place.--
[(i) Certification.--A local
educational agency with responsibility
for a school covered by subsection (a)
that does not have in place an Internet
safety policy meeting the requirements
of subsection (a)--
[(I) for the first program
year after December 21, 2000,
in which the local educational
agency is applying for funds
for such school under this Act,
shall certify that it is
undertaking such actions,
including any necessary
procurement procedures, to put
in place an Internet safety
policy that meets such
requirements; and
[(II) for the second
program year after December 21,
2000, in which the local
educational agency is applying
for funds for such school under
this Act, shall certify that
such school is in compliance
with such requirements.
[(ii) Ineligibility.--Any school
covered by subsection (a) for which the
local educational agency concerned is
unable to certify compliance with such
requirements in such second program
year shall be ineligible for all
funding under this part for such second
program year and all subsequent program
years until such time as such school
comes into compliance with such
requirements.
[(C) Waivers.--Any school subject to a
certification under subparagraph (B)(i)(II) for
which the local educational agency concerned
cannot make the certification otherwise
required by that subparagraph may seek a waiver
of that subparagraph if State or local
procurement rules or regulations or competitive
bidding requirements prevent the making of the
certification otherwise required by that
subparagraph. The local educational agency
concerned shall notify the Secretary of the
applicability of that subparagraph to the
school. Such notice shall certify that the
school will be brought into compliance with the
requirements in subsection (a) before the start
of the third program year after December 21,
2000, in which the school is applying for funds
under this part.
[(c) Disabling During Certain Use.--An administrator,
supervisor, or person authorized by the responsible authority
under subsection (a) may disable the technology protection
measure concerned to enable access for bona fide research or
other lawful purposes.
[(d) Noncompliance.--
[(1) Use of general education provisions act
remedies.--Whenever the Secretary has reason to believe
that any recipient of funds under this part is failing
to comply substantially with the requirements of this
section, the Secretary may--
[(A) withhold further payments to the
recipient under this part;
[(B) issue a complaint to compel compliance
of the recipient through a cease and desist
order; or
[(C) enter into a compliance agreement with
a recipient to bring it into compliance with
such requirements,
in same manner as the Secretary is authorized to take
such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act.
[(2) Recovery of funds prohibited.--The actions
authorized by paragraph (1) are the exclusive remedies
available with respect to the failure of a school to
comply substantially with a provision of this section,
and the Secretary shall not seek a recovery of funds
from the recipient for such failure.
[(3) Recommencement of payments.--Whenever the
Secretary determines (whether by certification or other
appropriate evidence) that a recipient of funds who is
subject to the withholding of payments under paragraph
(1)(A) has cured the failure providing the basis for
the withholding of payments, the Secretary shall cease
the withholding of payments to the recipient under that
paragraph.
[(e) Definitions.--In this subpart:
[(1) Computer.--The term ``computer'' includes any
hardware, software, or other technology attached or
connected to, installed in, or otherwise used in
connection with a computer.
[(2) Access to internet.--A computer shall be
considered to have access to the Internet if such
computer is equipped with a modem or is connected to a
computer network that has access to the Internet.
[(3) Acquisition or operation.--An elementary
school or secondary school shall be considered to have
received funds under this part for the acquisition or
operation of any computer if such funds are used in any
manner, directly or indirectly--
[(A) to purchase, lease, or otherwise
acquire or obtain the use of such computer; or
[(B) to obtain services, supplies,
software, or other actions or materials to
support, or in connection with, the operation
of such computer.
[(4) Minor.--The term ``minor'' means an individual
who has not attained the age of 17.
[(5) Child pornography.--The term ``child
pornography'' has the meaning given that term in
section 2256 of title 18, United States Code.
[(6) Harmful to minors.--The term ``harmful to
minors'' means any picture, image, graphic image file,
or other visual depiction that--
[(A) taken as a whole and with respect to
minors, appeals to a prurient interest in
nudity, sex, or excretion;
[(B) depicts, describes, or represents, in
a patently offensive way with respect to what
is suitable for minors, an actual or simulated
sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a
lewd exhibition of the genitals; and
[(C) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors.
[(7) Obscene.--The term ``obscene'' has the meaning
applicable to that term under section 1460 of title 18,
United States Code.
[(8) Sexual act and sexual contact.--The terms
``sexual act'' and ``sexual contact'' have the meanings
given those terms in section 2246 of title 18, United
States Code.
[(f) Severability.--If any provision of this section is
held invalid, the remainder of this section shall not be
affected thereby.]
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS
SEC. 2001. PURPOSE.
The purpose of this title is to improve student academic
achievement by--
(1) increasing the ability of local educational
agencies, schools, teachers, principals, and other
school leaders to provide a well-rounded and complete
education for all students;
(2) improving the quality and effectiveness of
teachers, principals, and other school leaders;
(3) increasing the number of teachers, principals,
and other school leaders who are effective in improving
student academic achievement in schools; and
(4) ensuring that low-income and minority students
are served by effective teachers, principals, and other
school leaders and have access to a high-quality
instructional program.
SEC. 2002. DEFINITIONS.
In this title:
(1) School leader residency program.--The term
``school leader residency program'' means a school-
based principal, school leader, or principal and school
leader preparation program in which a prospective
principal or school leader--
(A) for 1 academic year, engages in
sustained and rigorous clinical learning with
substantial leadership responsibilities and an
opportunity to practice and be evaluated in an
authentic school setting; and
(B) during that academic year--
(i) participates in research-based
coursework that is integrated with the
clinical residency experience; and
(ii) receives ongoing support from
a mentor principal or school leader who
is effective.
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(3) Teacher residency program.--The term ``teacher
residency program'' means a school-based teacher
preparation program in which a prospective teacher--
(A) for not less than 1 academic year,
teaches alongside an effective teacher, as
determined by a teacher evaluation system
implemented under part A (if applicable), who
is the teacher of record for the classroom;
(B) receives concurrent instruction during
the year described in subparagraph (A)--
(i) through courses that may be
taught by local educational agency
personnel or by faculty of the teacher
preparation program; and
(ii) in the teaching of the content
area in which the teacher will become
certified or licensed; and
(C) acquires effective teaching skills, as
demonstrated through completion of a residency
program, or other measure determined by the
State, which may include a teacher performance
assessment.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants to States and Local Educational Agencies.--For
the purposes of carrying out part A (other than section 2105),
there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2016 through 2021.
(b) National Activities.--For the purposes of carrying out
activities authorized under section 2105, there are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2016 through 2021.
(c) Teacher and School Leader Incentive Fund.--For the
purposes of carrying out part B, there are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2016 through 2021.
(d) American History and Civics Education.--For the
purposes of carrying out part C, there are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2016 through 2021.
(e) Literacy Education for All, Results for the Nation.--
For the purposes of carrying out part D, there are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2016 through 2021.
(f) STEM Instruction and Student Achievement.--For the
purposes of carrying out part E, there are authorized to be
appropriated such sums as may be necessary for each of fiscal
years 2016 through 2021.
PART A--FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING
SEC. 2101. FORMULA GRANTS TO STATES.
(a) Reservation of Funds.--From the total amount
appropriated under section 2003(a) for a fiscal year, the
Secretary shall reserve--
(1) one-half of 1 percent for allotments for the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, to be
distributed among those outlying areas on the basis of
their relative need, as determined by the Secretary, in
accordance with the purpose of this title; and
(2) one-half of 1 percent for the Secretary of the
Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education.
(b) State Allotments.--
(1) Hold harmless.--
(A) Fiscal years 2016 through 2021.--For
each of fiscal years 2016 through 2021, subject
to paragraph (2) and subparagraph (C), from the
funds appropriated under section 2003(a) for a
fiscal year that remain after the Secretary
makes the reservations under subsection (a),
the Secretary shall allot to each State an
amount equal to the total amount that such
State received for fiscal year 2001 under--
(i) section 2202(b) of this Act (as
in effect on the day before the date of
enactment of the No Child Left Behind
Act of 2001); and
(ii) section 306 of the Department
of Education Appropriations Act, 2001
(as enacted into law by section 1(a)(1)
of Public Law 106-554).
(B) Ratable reduction.--If the funds
described in subparagraph (A) are insufficient
to pay the full amounts that all States are
eligible to receive under subparagraph (A) for
any fiscal year, the Secretary shall ratably
reduce those amounts for the fiscal year.
(C) Percentage reduction.--For each of
fiscal years 2016 through 2021, the amount in
subparagraph (A) shall be reduced by a
percentage equal to the product of 14.29
percent and the number of years between the
fiscal year for which the determination is
being made and fiscal year 2015.
(2) Allotment of additional funds.--
(A) In general.--Subject to subparagraph
(B), for any fiscal year for which the funds
appropriated under section 2003(a) and not
reserved under subsection (a) exceed the total
amount required to make allotments under
paragraph (1), the Secretary shall allot to
each State the sum of--
(i) an amount that bears the same
relationship to 20 percent of the
excess amount as the number of
individuals age 5 through 17 in the
State, as determined by the Secretary
on the basis of the most recent
satisfactory data, bears to the number
of those individuals in all such
States, as so determined; and
(ii) an amount that bears the same
relationship to 80 percent of the
excess amount as the number of
individuals age 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.
(B) Exception.--No State receiving an
allotment under subparagraph (A) may receive
less than one-half of 1 percent of the total
excess amount allotted under such subparagraph
for a fiscal year.
(3) Fiscal year 2022 and succeeding fiscal years.--
For fiscal year 2022 and each of the succeeding fiscal
years, the Secretary shall allot funds appropriated
under section 2003(a) and not reserved under subsection
(a) to each State in accordance with paragraph (2).
(4) Reallotment.--If any State does not apply for
an allotment under this subsection for any fiscal year,
the Secretary shall reallot the amount of the allotment
to the remaining States in accordance with this
subsection.
(c) State Use of Funds.--
(1) In general.--Except as provided for under
paragraph (3), each State that receives an allotment
under subsection (b) for a fiscal year shall reserve
not less than 95 percent of such allotment to make
subgrants to local educational agencies for such fiscal
year, as described in section 2102.
(2) State administration.--A State educational
agency may use not more than 1 percent of the amount
allotted to such State under subsection (b) for the
administrative costs of carrying out such State
educational agency's responsibilities under this part.
(3) Principals and other school leaders.--
Notwithstanding paragraph (1) and in addition to funds
otherwise available for activities under paragraph (4),
a State educational agency may reserve not more than 3
percent of the amount reserved for subgrants to local
educational agencies under paragraph (1) for activities
for principals and other school leaders described in
paragraph (4), if such reservation would not result in
a lower allocation to local educational agencies under
section 2102, as compared to such allocation for the
preceding fiscal year.
(4) State activities.--
(A) In general.--The State educational
agency for a State that receives an allotment
under subsection (b) may use funds not reserved
under paragraph (1) to carry out 1 or more of
the activities described in subparagraph (B),
which may be implemented in conjunction with a
State agency of higher education (if such
agencies are separate) and carried out through
a grant or contract with a for-profit or
nonprofit entity, including an institution of
higher education.
(B) Types of state activities.--The
activities described in this subparagraph are
the following:
(i) Reforming teacher, principal,
and other school leader certification,
recertification, licensing, or tenure
systems or preparation program
standards and approval processes to
ensure that--
(I) teachers have the
necessary subject matter
knowledge and teaching skills,
as demonstrated through
measures determined by the
State, which may include
teacher performance
assessments, in the academic
subjects that the teachers
teach to help students meet
challenging State academic
standards described in section
1111(b)(1);
(II) principals and other
school leaders have the
instructional leadership skills
to help teachers teach and to
help students meet such
challenging State academic
standards; and
(III) teacher certification
or licensing requirements are
aligned with such challenging
State academic standards.
(ii) Developing, improving, or
providing assistance to local
educational agencies to support the
design and implementation of teacher,
principal, and other school leader
evaluation and support systems that are
based in part on evidence of student
academic achievement, which may include
student growth, and shall include
multiple measures of educator
performance and provide clear, timely,
and useful feedback to teachers,
principals, and other schools leaders,
such as by--
(I) developing and
disseminating high-quality
evaluation tools, such as
classroom observation rubrics,
and methods, including training
and auditing, for ensuring
inter-rater reliability of
evaluation results;
(II) developing and
providing training to
principals, other school
leaders, coaches, mentors, and
evaluators on how to accurately
differentiate performance,
provide useful and timely
feedback, and use evaluation
results to inform
decisionmaking about
professional development,
improvement strategies, and
personnel decisions; and
(III) developing a system
for auditing the quality of
evaluation and support systems.
(iii) Improving equitable access to
effective teachers, principals, and
other school leaders.
(iv) Carrying out programs that
establish, expand, or improve
alternative routes for State
certification of teachers (especially
for teachers of children with
disabilities, English learners,
science, technology, engineering,
mathematics, or other areas where the
State demonstrates a shortage of
educators), principals, and other
school leaders, for--
(I) individuals with a
baccalaureate or master's
degree, or other advanced
degree;
(II) mid-career
professionals from other
occupations;
(III) paraprofessionals;
(IV) former military
personnel; and
(V) recent graduates of
institutions of higher
education with records of
academic distinction who
demonstrate the potential to
become highly effective
teachers, principals, or other
school leaders.
(v) Developing, improving, and
implementing mechanisms to assist local
educational agencies and schools in
effectively recruiting and retaining
teachers, principals, and other school
leaders who are effective in improving
student academic achievement, including
highly effective teachers from
underrepresented minority groups and
teachers with disabilities, such as
through--
(I) opportunities for a
cadre of effective teachers to
lead evidence-based
professional development for
their peers;
(II) career opportunities
for teachers to grow as
leaders, including hybrid roles
that allow teachers to
voluntarily serve as mentors or
academic coaches while
remaining in the classroom; and
(III) providing training
and support for teacher leaders
and school leaders who are
recruited as part of
instructional leadership teams.
(vi) Fulfilling the State
educational agency's responsibilities
concerning proper and efficient
administration and monitoring of the
programs carried out under this part,
including provision of technical
assistance to local educational
agencies.
(vii) Developing, or assisting
local educational agencies in
developing--
(I) teacher advancement
initiatives that promote
professional growth and
emphasize multiple career
paths, such as school
leadership, mentoring,
involvement with school
improvement, and instructional
coaching;
(II) strategies that
provide differential pay, or
other incentives, to recruit
and retain teachers in high-
need academic subjects and
teachers, principals, or other
school leaders, in low-income
schools and school districts,
which may include performance-
based pay systems; and
(III) new teacher,
principal, and other school
leader induction and mentoring
programs that are evidence-
based and designed to--
(aa) improve
classroom instruction
and student learning
and achievement;
(bb) increase the
retention of effective
teachers, principals,
and other school
leaders;
(cc) improve school
leadership to improve
classroom instruction
and student learning
and achievement; and
(dd) provide
opportunities for
teachers, principals,
and other school
leaders who are
experienced, effective,
and have demonstrated
an ability to work with
adult learners to be
mentors.
(viii) Providing assistance to
local educational agencies for--
(I) the development and
implementation of high-quality
professional development
programs for principals that
enable the principals to be
effective and prepare all
students to meet the
challenging State academic
standards described in section
1111(b)(1); and
(II) the development and
support of other school
leadership programs to develop
educational leaders.
(ix) Supporting efforts to train
teachers, principals, and other school
leaders to effectively integrate
technology into curricula and
instruction, which may include blended
learning projects that include an
element of online learning, combined
with supervised learning time and
student-led learning, in which the
elements are connected to provide an
integrated learning experience.
(x) Providing training, technical
assistance, and capacity-building to
local educational agencies that receive
a subgrant under this part.
(xi) Supporting teacher, principal,
and other school leader residency
programs.
(xii) Reforming or improving
teacher, principal, and other school
leader preparation programs.
(xiii) Supporting the instructional
services provided by school librarians.
(xiv) Supporting other activities
identified by the State that are
evidence-based and that meet the
purpose of this title.
(d) State Plan.--
(1) In general.--In order to receive an allotment
under this section for any fiscal year, a State shall
submit a plan to the Secretary, at such time, in such
manner, and containing such information as the
Secretary may reasonably require.
(2) Contents.--Each plan described under paragraph
(1) shall include the following:
(A) A description of how the State
educational agency will use funds received
under this title for State-level activities
described in subsection (c).
(B) A description of the State's system of
certification, licensing, and professional
growth and improvement, such as clinical
experience for prospective educators, support
for new educators, professional development,
professional growth and leadership
opportunities, and compensation systems for
teachers, principals, and other educators.
(C) A description of how activities under
this part are aligned with challenging State
academic standards and State assessments under
section 1111, which may include, as
appropriate, relevant State early learning and
developmental guidelines, as required under
section 658E(c)(2)(T) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)).
(D) A description of how the activities
using funds under this part are expected to
improve student achievement.
(E) If a State educational agency plans to
use funds under this part to improve equitable
access to effective teachers, principals, and
other school leaders, a description of how such
funds will be used to meet the State's
commitment described in section 1111(c)(1)(F)
to ensure equitable access to effective
teachers, principals, and school leaders.
(F) An assurance that the State educational
agency will monitor the implementation of
activities under this part and provide
technical assistance to local educational
agencies in carrying out such activities.
(G) An assurance that the State educational
agency will work in consultation with the
entity responsible for teacher and principal
professional standards, certification, and
licensing for the State, and encourage
collaboration between educator preparation
programs, the State, and local educational
agencies to promote the readiness of new
educators entering the profession.
(H) A description of how the State
educational agency will improve the skills of
teachers, principals, and other school leaders
in order to enable them to identify students
with specific learning needs, particularly
students with disabilities, English learners,
students who are gifted and talented, and
students with low literacy levels, and provide
instruction based on the needs of such
students.
(I) A description of how the State will use
data and ongoing consultation with and input
from teachers and teacher organizations,
principals, other school leaders, specialized
instructional support personnel, parents,
community partners, and (where applicable)
institutions of higher education, to
continually update and improve the activities
supported under this part.
(3) Consultation.--In developing the State plan
under this subsection, a State shall--
(A) involve teachers, teacher
organizations, principals, other school
leaders, specialized instructional support
personnel, parents, community partners, and
other organizations or partners with relevant
and demonstrated expertise in programs and
activities designed to meet the purpose of this
title; and
(B) seek advice from the individuals,
organizations, or partners described in
subparagraph (A) regarding how best to improve
the State's activities to meet the purpose of
this title; and
(C) coordinate the State's activities under
this part with other related strategies,
programs, and activities being conducted in the
State.
(e) Prohibition.--Nothing in this section shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to mandate, direct, or
control any of the following:
(1) The development, improvement, or implementation
of elements of any teacher, principal, or school leader
evaluation systems.
(2) Any State or local educational agency's
definition of teacher, principal, or other school
leader effectiveness.
(3) Any teacher, principal, or other school leader
professional standards, certification, or licensing.
SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Allocation of Funds to Local Educational Agencies.--
(1) In general.--From funds reserved by a State
under section 2101(c)(1) for a fiscal year, the State,
acting through the State educational agency, shall
award subgrants to eligible local educational agencies
from allocations described in paragraph (2).
(2) Allocation formula.--From the funds described
in paragraph (1), the State educational agency shall
allocate to each of the eligible local educational
agencies in the State for a fiscal year the sum of--
(A) an amount that bears the same
relationship to 20 percent of such funds for
such fiscal year as the number of individuals
aged 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 eligible
local educational agencies in the State, as so
determined; and
(B) an amount that bears the same
relationship to 80 percent of the funds for
such fiscal year as the number of individuals
aged 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 the eligible local educational agencies in
the State, as so determined.
(3) Administrative costs.--Of the amounts allocated
to a local educational agency under paragraph (2), the
local educational agency may use not more than 2
percent for the direct administrative costs of carrying
out its responsibilities under this part.
(4) Rule of construction.--Nothing in this section
shall be construed to prohibit a consortium of local
educational agencies that are designated with a school
locale code of 41, 42, or 43, or such local educational
agencies designated with a school locale code of 41,
42, or 43 that work in cooperation with an educational
service agency, from voluntarily combining allocations
received under this part for the collective use of
funding by the consortium for activities under this
section.
(b) Local Applications.--
(1) In general.--To be eligible to receive a
subgrant under this section, a local educational agency
shall conduct a needs assessment described in paragraph
(2) and submit an application to the State educational
agency at such time, in such manner, and containing
such information as the State educational agency may
reasonably require.
(2) Needs assessment.--
(A) In general.--To be eligible to receive
a subgrant under this section, a local
educational agency shall periodically conduct a
comprehensive needs assessment of the local
educational agency and of all schools served by
the local educational agency.
(B) Requirements.--The needs assessment
under subparagraph (A) shall be designed to
determine the schools with the most acute
staffing needs related to--
(i) increasing the number of
teachers, principals, and other school
leaders who are effective in improving
student academic achievement;
(ii) ensuring that low-income and
minority students are not
disproportionately served by
ineffective teachers, principals, and
other school leaders;
(iii) ensuring that low-income and
minority students have access to a
high-quality instructional program and
appropriate class sizes that are
evidence-based;
(iv) hiring, retention, and
advancement and leadership
opportunities for effective teachers,
principals, and other school leaders;
(v) supporting and developing all
educators, including preschool,
kindergarten, elementary, middle, or
high school teachers (including special
education teachers), principals, other
school leaders, early childhood
directors, specialized instructional
support personnel, paraprofessionals,
or other staff members who provide or
directly support instruction;
(vi) understanding and using data
and assessments to improve student
learning and classroom practice;
(vii) improving student behavior,
including the response of teachers,
principals, and other school leaders to
student behavior, in the classroom and
school, including the identification of
early and appropriate interventions,
which may include positive behavioral
interventions and supports;
(viii) teaching students who are
English learners, children who are in
early childhood education programs,
children with disabilities, American
Indian children, Alaskan Native
children, and gifted and talented
students;
(ix) ensuring funds are used to
support schools served by the local
educational agency that are identified
under section 1114(a)(1)(A) and schools
with high percentages or numbers of
children counted under section 1124(c);
(x) improving the academic and non-
academic skills of all students
essential for learning readiness and
academic success; and
(xi) any other evidence-based
factors that the local educational
agency determines are appropriate to
meet the needs of schools within the
jurisdiction of the local educational
agency and meet the purpose of this
title.
(3) Consultation.--
(A) In general.--In conducting a needs
assessment described in paragraph (2), a local
educational agency shall--
(i) involve teachers, teacher
organizations, principals, and other
school leaders, specialized
instructional support personnel,
parents, community partners, and others
with relevant and demonstrated
expertise in programs and activities
designed to meet the purpose of this
title; and
(ii) take into account the
activities that need to be conducted in
order to give teachers, principals, and
other school leaders the skills to
provide students with the opportunity
to meet challenging State academic
standards described in section
1111(b)(1).
(B) Continued consultation.--A local
educational agency receiving a subgrant under
this section shall consult with such
individuals and organizations described in
subparagraph (A) on an ongoing basis in order
to--
(i) seek advice regarding how best
to improve the local educational
agency's activities to meet the purpose
of this title; and
(ii) coordinate the local
educational agency's activities under
this part with other related
strategies, programs, and activities
being conducted in the community.
(4) Contents of application.--Each application
submitted under paragraph (1) shall be based on the
results of the needs assessment required under
paragraph (2) and shall include the following:
(A) A description of the results of the
comprehensive needs assessment carried out
under paragraph (2).
(B) A description of the activities to be
carried out by the local educational agency
under this section and how these activities
will be aligned with the challenging State
academic standards described in section
1111(b)(1).
(C) A description of how such activities
will comply with the principles of
effectiveness described in section 2103(c).
(D) A description of the activities,
including professional development, that will
be made available to meet needs identified by
the needs assessment described in paragraph
(2).
(E) A description of the local educational
agency's systems of hiring and professional
growth and improvement, such as induction for
teachers, principals, and other school leaders.
(F) A description of how the local
educational agency will support efforts to
train teachers, principals, and other school
leaders to effectively integrate technology
into curricula and instruction.
(G) A description of how the local
educational agency will prioritize funds to
schools served by the agency that are
identified under section 1114(a)(1)(A) and have
the highest percentage or number of children
counted under section 1124(c).
(H) Where a local educational agency has a
significant number of schools identified under
section 1114(a)(1)(A), as determined by the
State, a description of how the local
educational agency will seek the input of the
State educational agency in planning and
implementing activities under this part.
(I) An assurance that the local educational
agency will comply with section 9501 (regarding
participation by private school children and
teachers).
(J) An assurance that the local educational
agency will coordinate professional development
activities authorized under this part with
professional development activities provided
through other Federal, State, and local
programs.
SEC. 2103. LOCAL USE OF FUNDS.
(a) In General.--A local educational agency that receives a
subgrant under section 2102 shall use the funds made available
through the subgrant to develop, implement, and evaluate
comprehensive, evidence-based programs and activities described
in subsection (b), which may be carried out through a grant or
contract with a for-profit or nonprofit entity, in partnership
with an institution of higher education, or in partnership with
an Indian tribe or tribal organization (as defined under
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)).
(b) Types of Activities.--The activities described in this
subsection--
(1) shall meet the needs identified in the needs
assessment described in section 2102(b)(2);
(2) shall be in accordance with the purpose of this
title, evidence-based, and consistent with the
principles of effectiveness described in subsection
(c);
(3) shall address the learning needs of all
students, including children with disabilities, English
learners, and gifted and talented students; and
(4) may include, among other programs and
activities--
(A) developing or improving a rigorous,
transparent, and fair evaluation and support
system for teachers, principals, and other
school leaders that is based in part on
evidence of student achievement, which may
include student growth, and shall include
multiple measures of educator performance and
provide clear, timely, and useful feedback to
teachers, principals, and other schools
leaders;
(B) developing and implementing initiatives
to assist in recruiting, hiring, and retaining
highly effective teachers, principals, and
other school leaders, particularly in low-
income schools with high percentages of
ineffective teachers and high percentages of
students who do not meet the challenging State
academic standards described in section
1111(b)(1), to improve within-district equity
in the distribution of teachers, principals,
and school leaders consistent with the
requirements of section 1111(c)(1)(F), such as
initiatives that provide--
(i) expert help in screening
candidates and enabling early hiring;
(ii) differential and incentive pay
for teachers, principals, and other
school leaders in high-need academic
subject areas and specialty areas,
which may include performance-based pay
systems;
(iii) teacher, paraprofessional,
principal, and other school leader
advancement and professional growth,
and an emphasis on leadership
opportunities, multiple career paths
and pay differentiation;
(iv) new teacher, principal, and
other school leader induction and
mentoring programs that are designed
to--
(I) improve classroom
instruction and student
learning and achievement;
(II) increase the retention
of effective teachers,
principals, and other school
leaders;
(III) improve school
leadership to improve classroom
instruction and student
learning and achievement; and
(IV) provide opportunities
for mentor teachers,
principals, and other educators
who are experienced, effective,
and have demonstrated an
ability to work with adult
learners;
(v) the development and provision
of training for school leaders,
coaches, mentors and evaluators on how
to accurately differentiate
performance, provide useful feedback,
and use evaluation results to inform
decisionmaking about professional
development, improvement strategies,
and personnel decisions; and
(vi) a system for auditing the
quality of evaluation and support
systems;
(C) recruiting qualified individuals from
other fields to become teachers, principals, or
other school leaders including mid-career
professionals from other occupations, former
military personnel, and recent graduates of
institutions of higher education with a record
of academic distinction who demonstrate
potential to become effective teachers,
principals, or other school leaders;
(D) reducing class size to an evidence-
based level to improve student achievement
through the recruiting and hiring of additional
effective teachers;
(E) providing high-quality, personalized
professional development for teachers,
instructional leadership teams, principals, and
other school leaders, focused on improving
teaching and student learning and achievement,
including supporting efforts to train teachers,
principals, and other school leaders to--
(i) effectively integrate
technology into curricula and
instruction;
(ii) use data from such technology
to improve student achievement;
(iii) effectively engage parents,
families and community partners, and
coordinate services between school and
community; and
(iv) help all students develop the
academic and nonacademic skills
essential for learning readiness and
academic success;
(F) developing programs and activities that
increase the ability of teachers to effectively
teach children with disabilities, including
children with significant cognitive
disabilities, which may include the use of
multi-tier systems of support and positive
behavioral intervention and supports, and
students who are English learners, so that such
children with disabilities and students who are
English learners can meet the challenging State
academic standards described in section
1111(b)(1);
(G) providing programs and activities to
increase the knowledge base of teachers and
principals on instruction in the early grades,
and strategies to measure whether young
children are progressing, which may include
providing joint professional learning
activities for school staff and educators in
preschool programs that address the transition
to elementary school;
(H) providing training, technical
assistance, and capacity-building in local
educational agencies to assist teachers and
school leaders with selecting and implementing
formative assessments, designing classroom-
based assessments, and in using data from such
assessments to improve instruction and student
academic achievement, which may include
providing additional time for teachers to
review student data and respond, as
appropriate;
(I) supporting teacher, principal, and
school leader residency programs;
(J) reforming or improving teacher,
principal, and other school leader preparation
programs;
(K) carrying out in-service training for
school personnel in--
(i) the techniques and supports
needed for early identification of
children with trauma histories, and
children with, or at risk of, mental
illness;
(ii) the use of referral mechanisms
that effectively link such children to
appropriate treatment and intervention
services in the school and in the
community, where appropriate; and
(iii) forming partnerships between
school-based mental health programs and
public or private mental health
organizations;
(L) providing training to support the
identification of students who are gifted and
talented, including high-ability students who
have not been formally identified for gifted
education services, and implementing
instructional practices that support the
education of such students, such as early
entrance to kindergarten, enrichment,
acceleration, and curriculum compacting
activities, and dual enrollment in secondary
school and postsecondary education;
(M) supporting the instructional services
provided by school librarians;
(N) providing general liability insurance
coverage for teachers related to actions
performed in the scope of their duties; and
(O) carrying out other evidence-based
activities identified by the local educational
agencies that meet the purpose of this title.
(c) Principles of Effectiveness.--
(1) In general.--For a program or activity
supported with funds provided under this part to meet
the principles of effectiveness, such program or
activity shall--
(A) be based upon an assessment of
objective data regarding the need for programs
and activities in the schools to be served to--
(i) increase the number of
teachers, principals, and other school
leaders who are effective in improving
student academic achievement;
(ii) ensure that low-income and
minority students are served by
effective teachers, principals, and
other school leaders; and
(iii) ensure that low-income and
minority students have access to a
high-quality instructional program;
(B) be based upon established and evidence-
based criteria--
(i) aimed at ensuring that all
students receive a high-quality
education taught by effective teachers
and attend schools led by effective
principals and other school leaders;
and
(ii) that result in improved
student academic achievement in the
school served by the program or
activity; and
(C) include meaningful and ongoing
consultation with and input from teachers,
teacher organizations, principals, other school
leaders, specialized instructional support
personnel, parents, community partners, and
(where applicable) institutions of higher
education, in the development of the
application and administration of the program
or activity.
(2) Periodic evaluation.--
(A) In general.--A program or activity
carried out under this section shall undergo a
periodic evaluation to assess its progress
toward achieving the goal of providing students
with a high-quality education, taught by
effective teachers, in schools led by effective
principals and school leaders that results in
improved student academic achievement.
(B) Use of results.--The results of an
evaluation described in subparagraph (A) shall
be--
(i) used to refine, improve, and
strengthen the program or activity, and
to refine the criteria described in
paragraph (1)(B); and
(ii) made available to the public
upon request, with public notice of
such availability provided.
(3) Prohibition.--Nothing in this subsection shall
be construed to authorize the Secretary or any other
officer or employee of the Federal Government to
mandate, direct, or control the principles of
effectiveness developed by local educational agencies
under paragraph (1) or the specific programs or
activities that will be implemented by a local
educational agency.
SEC. 2104. REPORTING.
(a) State Report.--Each State educational agency receiving
funds under this part shall annually submit to the Secretary a
report that provides--
(1) the number and percent of teachers, principals,
and other school leaders in the State and each local
educational agency in the State who are licensed or
certified, provided such information does not reveal
personally identifiable information;
(2) the first-time passage rate of teachers and
principals in the State and each local educational
agency in the State on teacher and principal licensure
examinations, provided such information does not reveal
personally identifiable information;
(3) a description of how chosen professional
development activities improved teacher and principal
performance; and
(4) if funds are used under this part to improve
equitable access to teachers, principals, and other
school leaders for low-income and minority students, a
description of how funds have been used to improve such
access.
(b) Local Educational Agency Report.--Each local
educational agency receiving funds under this part shall submit
to the State educational agency such information that the State
requires, which shall include the information described in
subsection (a) for the local educational agency.
(c) Availability.--The reports and information provided
under subsections (a) and (b) shall be made readily available
to the public.
(d) Limitation.--The reports and information provided under
subsections (a) and (b) shall not reveal personally
identifiable information about any individual.
SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
(a) In General.--From the funds appropriated under section
2003(b) to carry out this section, the Secretary--
(1) may reserve not more than 20 percent to carry
out activities under subsection (b);
(2) shall reserve not less than 40 percent to carry
out activities under subsection (c); and
(3) shall reserve not less than 40 percent to carry
out activities under subsection (d).
(b) Technical Assistance and National Evaluation.--From the
funds reserved by the Secretary under subsection (a)(1), the
Secretary may carry out--
(1) technical assistance to States and local
educational agencies carrying out activities under this
part, which may be carried out directly or through
grants and contracts; and
(2) evaluations of activities carried out by States
and local educational agencies under this part, which
shall be conducted by a third party or by the Institute
of Education Sciences.
(c) Programs of National Significance.--
(1) In general.--From the funds reserved by the
Secretary under subsection (a)(2), the Secretary shall
award grants, on a competitive basis, to eligible
entities for the purposes of--
(A) providing teachers, principals, and
other school leaders from nontraditional
preparation and certification routes or
pathways to serve in traditionally underserved
local educational agencies;
(B) providing evidence-based professional
development activities that addresses literacy,
numeracy, remedial, or other needs of local
educational agencies and the students the
agencies serve;
(C) making freely available services and
learning opportunities to local educational
agencies, through partnerships and cooperative
agreements or by making the services or
opportunities publicly accessible through
electronic means; or
(D) providing teachers, principals, and
other school leaders with evidence-based
professional enhancement activities, which may
include activities that lead to an advanced
credential.
(2) Program periods and diversity of projects.--
(A) In general.--A grant awarded by the
Secretary to an eligible entity under this
subsection shall be for a period of not more
than 3 years.
(B) Renewal.--The Secretary may renew a
grant awarded under this subsection for 1
additional 2-year period.
(C) Diversity of projects.--In awarding
grants under this subsection, the Secretary
shall ensure that, to the extent practicable,
grants are distributed among eligible entities
that will serve geographically diverse areas,
including urban, suburban, and rural areas.
(D) Limitation.--The Secretary shall not
award more than 1 grant under this subsection
to an eligible entity during a grant
competition.
(3) Cost-sharing.--
(A) In general.--An eligible entity that
receives a grant under this subsection shall
provide, from non-Federal sources, not less
than 25 percent of the funds for the total cost
for each year of activities carried out under
this subsection.
(B) Acceptable contributions.--An eligible
entity that receives a grant under this
subsection may meet the requirement of
subparagraph (A) by providing contributions in
cash or in-kind, fairly evaluated, including
plant, equipment, and services.
(C) Waivers.--The Secretary may waive or
modify the requirement of subparagraph (A) in
cases of demonstrated financial hardship.
(4) Applications.--In order to receive a grant
under this subsection, an eligible entity shall submit
an application to the Secretary at such time, in such
manner, and containing such information that the
Secretary may reasonably require. Such application
shall include, at a minimum, a certification that the
services provided by an eligible entity under the grant
to a local educational agency or to a school served by
the local educational agency will not result in direct
fees for participating students or parents.
(5) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means--
(A) an institution of higher education that
provides course materials or resources that are
evidence-based in increasing academic
achievement, graduation rates, or rates of
postsecondary education matriculation;
(B) a national nonprofit entity with a
demonstrated track record of raising student
academic achievement, graduation rates, and
rates of higher education attendance,
matriculation, or completion, or of
effectiveness in providing preparation and
professional development activities and
programs for teachers, principals, and other
school leaders; or
(C) a partnership consisting of--
(i) 1 or more entities described in
subparagraph (A) or (B); and
(ii) a for-profit entity.
(d) School Leader Recruitment and Support Programs.--
(1) In general.--From the funds reserved by the
Secretary under subsection (a)(3), the Secretary shall
award grants, on a competitive basis to eligible
entities to enable such entities to improve the
recruitment, preparation, placement, support, and
retention of effective principals and other school
leaders in high-need schools, which may include--
(A) developing or implementing leadership
training programs designed to prepare and
support principals and other school leaders in
high-need schools, including through new or
alternative pathways and school leader
residency programs;
(B) developing or implementing programs or
activities for recruiting, selecting, and
developing aspiring or current principals and
other school leaders to serve in high-need
schools;
(C) developing or implementing programs for
recruiting, developing, and placing school
leaders to improve schools identified for
intervention and support under section
1114(a)(1)(A), including through cohort-based
activities that build effective instructional
and school leadership teams and develop a
school culture, design, instructional program,
and professional development program focused on
improving student learning;
(D) providing continuous professional
development for principals and other school
leaders in high-need schools;
(E) developing and disseminating
information on best practices and strategies
for effective school leadership in high-need
schools; and
(F) other evidence-based programs or
activities described in section 2101(c)(3) or
section 2103(b)(4) focused on principals and
other school leaders in high-need schools.
(2) Program periods and diversity of projects.--
(A) In general.--A grant awarded by the
Secretary to an eligible entity under this
subsection shall be for a period of not more
than 5 years.
(B) Renewal.--The Secretary may renew a
grant awarded under this subsection for 1
additional 2-year period.
(C) Diversity of projects.--In awarding
grants under this subsection, the Secretary
shall ensure that, to the extent practicable,
grants are distributed among eligible entities
that will serve geographically diverse areas,
including urban, suburban, and rural areas.
(D) Limitation.--The Secretary shall not
award more than 1 grant under this subsection
to an eligible entity during a grant
competition.
(3) Cost-sharing.--
(A) In general.--An eligible entity that
receives a grant under this subsection shall
provide, from non-Federal sources, not less
than 25 percent of the funds for the total cost
for each year of activities carried out under
this subsection.
(B) Acceptable contributions.--An eligible
entity that receives a grant under this
subsection may meet the requirement of
subparagraph (A) by providing contributions in
cash or in-kind, fairly evaluated, including
plant, equipment, and services.
(C) Waivers.--The Secretary may waive or
modify the requirement of subparagraph (A) in
cases of demonstrated financial hardship.
(4) Applications.--An eligible entity that desires
a grant under this subsection shall submit to the
Secretary an application at such time, in such manner,
and accompanied by such information as the Secretary
may require.
(5) Priority.--In awarding grants under this
subsection, the Secretary shall give priority to an
eligible entity with a record of preparing or
developing principals who--
(A) have improved school-level student
outcomes;
(B) have become principals in high-need
schools; and
(C) remain principals in high-need schools
for multiple years.
(6) Definitions.--In this subsection--
(A) the term ``eligible entity'' means--
(i) a local educational agency,
including an educational service
agency, that serves a high-need school
or a consortium of such agencies;
(ii) a State educational agency or
a consortium of such agencies;
(iii) a State educational agency in
partnership with 1 or more local
educational agencies or educational
service agencies that serve a high-need
school; or
(iv) an entity described in clause
(i), (ii), or (iii) in partnership with
1 or more nonprofit organizations or
institutions of higher education; and
(B) the term ``high-need school'' means--
(i) an elementary school in which
not less than 50 percent of the
enrolled students are from families
with incomes below the poverty line; or
(ii) a high school in which not
less than 40 percent of the enrolled
students are from families with incomes
below the poverty line.
SEC. 2106. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this part shall be used to
supplement, and not supplant, non-Federal funds that would
otherwise be used for activities authorized under this part.
PART B--TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM
SEC. 2201. PURPOSES; DEFINITIONS.
(a) Purposes.--The purposes of this part are--
(1) to assist States, local educational agencies,
and nonprofit organizations to develop, implement,
improve, or expand comprehensive performance-based
compensation systems or human capital management
systems for teachers, principals, and other school
leaders (especially for teachers, principals, and other
school leaders in high-need schools) who raise student
academic achievement and close the achievement gap
between high- and low-performing students; and
(2) to study and review performance-based
compensation systems or human capital management
systems for teachers, principals, and other school
leaders to evaluate the effectiveness, fairness,
quality, consistency, and reliability of the systems.
(b) Definitions.--In this part:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency, including a
charter school that is a local educational
agency, or a consortium of local educational
agencies;
(B) a State educational agency or other
State agency designated by the chief executive
of a State to participate under this part; or
(C) a partnership consisting of--
(i) 1 or more agencies described in
subparagraph (A) or (B); and
(ii) at least 1 nonprofit or for-
profit entity.
(2) High-need local educational agency.--The term
``high-need local educational agency'' means a local
educational agency, public charter school, or charter
management organization--
(A) that serves not fewer than 10,000
children from families with incomes below the
poverty line; or
(B) for which not less than 20 percent of
the children served by the agency, school, or
organization are from families with incomes
below the poverty line.
(3) High-need school.--The term ``high-need
school'' means a public elementary school or secondary
school that is located in an area in which the
percentage of students from families with incomes below
the poverty line is 30 percent or more.
(4) Human capital management system.--The term
``human capital management system'' means a system--
(A) by which a local educational agency
makes and implements human capital decisions,
such as decisions on preparation, recruitment,
hiring, placement, retention, dismissal,
compensation, professional development, tenure,
and promotion; and
(B) that includes a performance-based
compensation system.
(5) Performance-based compensation system.--The
term ``performance-based compensation system'' means a
system of compensation for teachers, principals, and
other school leaders that--
(A) differentiates levels of compensation
based in part on measurable increases in
student academic achievement; and
(B) may include--
(i) differentiated levels of
compensation, which may include bonus
pay, on the basis of the employment
responsibilities and success of
effective teachers, principals, and
other school leaders in hard-to-staff
schools or high-need subject areas; and
(ii) recognition of the skills and
knowledge of teachers, principals, and
other school leaders as demonstrated
through--
(I) successful fulfillment
of additional responsibilities
or job functions, such as
teacher leadership roles; and
(II) evidence of
professional achievement and
mastery of content knowledge
and superior teaching and
leadership skills.
SEC. 2202. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.
(a) Grants Authorized.--From the amounts appropriated to
carry out this part, the Secretary shall award grants, on a
competitive basis, to eligible entities to enable the eligible
entities to develop, implement, improve, or expand performance-
based compensation systems or human capital management systems,
in schools served by the eligible entity.
(b) Duration of Grants.--
(1) In general.--A grant awarded under this part
shall be for a period of not more than 3 years.
(2) Renewal.--The Secretary may renew a grant
awarded under this part for a period of up to 2 years
if the grantee demonstrates to the Secretary that the
grantee is effectively utilizing funds. Such renewal
may include allowing the grantee to scale up or
replicate the successful program.
(3) Limitation.--A local educational agency may
receive (whether individually or as part of a
consortium or partnership) a grant under this part only
twice, as of the date of enactment of the Every Child
Achieves Act of 2015.
(c) Applications.--An eligible entity desiring a grant
under this part shall submit an application to the Secretary,
at such time, in such manner, and containing such information
as the Secretary may reasonably require. The application shall
include--
(1) a description of the performance-based
compensation system or human capital management system
that the eligible entity proposes to develop,
implement, improve, or expand through the grant;
(2) a description of the most pressing gaps or
insufficiencies in student access to effective teachers
and school leaders in high-need schools, including gaps
or inequities in how effective teachers and school
leaders are distributed across the local educational
agency, as identified using factors such as data on
school resources, staffing patterns, school
environment, educator support systems and other school
level factors;
(3) a description and evidence of the support and
commitment from teachers, principals, and other school
leaders, which may include charter school leaders, in
the school (including organizations representing
teachers, principals, and other school leaders), the
community, and the local educational agency to the
activities proposed under the grant;
(4) a description of how the eligible entity will
develop and implement a fair, rigorous, valid,
reliable, and objective process to evaluate teacher,
principal, school leader, and student performance under
the system that is based in part on measures of student
academic achievement, including the baseline
performance against which evaluations of improved
performance will be made;
(5) a description of the local educational agencies
or schools to be served under the grant, including such
student academic achievement, demographic, and
socioeconomic information as the Secretary may request;
(6) a description of the quality of teachers,
principals, and other school leaders in the local
educational agency and the schools to be served under
the grant and the extent to which the system will
increase the quality of teachers, principals, and other
school leaders in a high-need school;
(7) a description of how the eligible entity will
use grant funds under this part in each year of the
grant, including a timeline for implementation of such
activities;
(8) a description of how the eligible entity will
continue the activities assisted under the grant after
the grant period ends;
(9) a description of the State, local, or other
public or private funds that will be used to supplement
the grant, including funds under part A, and sustain
the activities assisted under the grant at the end of
the grant period;
(10) a description of how the proposed activities
are rational and evidence-based and, if applicable, the
prior experience of the eligible entity in developing
and implementing such activities; and
(11) a description of how activities funded under
this part will be evaluated, monitored, and publically
reported.
(d) Award Basis.--
(1) Priority.--In awarding a grant under this part,
the Secretary shall give priority to an eligible entity
that concentrates the activities proposed to be
assisted under the grant on teachers, principals, and
other school leaders serving in high-need schools.
(2) Equitable distribution.--To the extent
practicable, the Secretary shall ensure an equitable
geographic distribution of grants under this part,
including the distribution of such grants between rural
and urban areas.
(e) Use of Funds.--
(1) In general.--An eligible entity that receives a
grant under this part shall use the grant funds to
develop, implement, improve, or expand, in
collaboration with teachers, principals, other school
leaders, and members of the public, a performance-based
compensation system or human capital management system
consistent with this part.
(2) Authorized activities.--Grant funds under this
part may be used for the following:
(A) Developing or improving an evaluation
and support system, including as part of a
human capital management system as applicable,
that--
(i) reflects clear and fair
measures of teacher, principal, and
other school leader performance, based
in part on demonstrated improvement in
student academic achievement; and
(ii) provides teachers, principals,
and other school leaders with ongoing,
differentiated, targeted and
personalized support and feedback for
improvement, including professional
development opportunities designed to
increase effectiveness.
(B) Conducting outreach within a local
educational agency or a State to gain input on
how to construct an evaluation system described
in subparagraph (A) and to develop support for
the evaluation system, including by training
appropriate personnel in how to observe and
evaluate teachers, principals, and other school
leaders.
(C) Providing principals and other school
leaders with--
(i) balanced autonomy to make
budgeting, scheduling, and other
school-level decisions in a manner that
meets the needs of the school without
compromising the intent or essential
components of the policies of the local
educational agency or State;
(ii) authority to make staffing
decisions that meet the needs of the
school, such as building an
instructional leadership team that
includes teacher leaders or offering
opportunities for teams or pairs of
effective teachers or candidates to
teach or start teaching in high-need
schools together.
(D) Paying, as part of a comprehensive
performance-based compensation system, a
differentiated salary structure, which may
include bonuses and stipends, to--
(i) teachers who--
(I)(aa) teach in high-need
schools; or
(bb) teach in high-need
subjects;
(II) raise student academic
achievement; or
(III) take on additional
leadership responsibilities; or
(ii) principals and other school
leaders who serve in high-need schools
and raise student academic achievement
in the schools.
(E) Improving the local educational
agency's system and process for the
recruitment, selection, placement, and
retention of effective teachers and school
leaders in high-need schools, such as by
improving local educational agency policies and
procedures to ensure that high-need schools are
competitive and timely in--
(i) attracting, hiring, and
retaining effective educators;
(ii) offering bonuses or higher
salaries to effective teachers; or
(iii) establishing or strengthening
residency programs.
(F) Instituting career advancement
opportunities characterized by increased
responsibility and pay that reward and
recognize effective teachers and school leaders
in high-need schools and enable them to expand
their leadership and results, such as through
teacher-led professional development,
mentoring, coaching, hybrid roles,
administrative duties, and career ladders.
(f) Matching Requirement.--Each eligible entity that
receives a grant under this part shall provide, from non-
Federal sources, an amount equal to 50 percent of the amount of
the grant (which may be provided in cash or in-kind) to carry
out the activities supported by the grant.
(g) Supplement, Not Supplant.--Grant funds provided under
this part shall be used to supplement, not supplant, other
Federal or State funds available to carry out activities
described in this part.
SEC. 2203. REPORTS.
(a) Activities Summary.--Each eligible entity receiving a
grant under this part shall provide to the Secretary a summary
of the activities assisted under the grant.
(b) Report.--The Secretary shall provide to Congress an
annual report on the implementation of the program carried out
under this part, including--
(1) information on eligible entities that received
grant funds under this part, including--
(A) information provided by eligible
entities to the Secretary in the applications
submitted under section 2202(c);
(B) the summaries received under subsection
(a); and
(C) grant award amounts; and
(2) student academic achievement, and as
applicable, growth data from the schools participating
in the programs supported under the grant.
(c) Evaluation and Technical Assistance.--
(1) Reservation of funds.--Of the total amount
reserved under section 2003(c) for this part for a
fiscal year, the Secretary may reserve for such fiscal
year not more than 1 percent for the cost of the
evaluation under paragraph (2) and for technical
assistance in carrying out this part.
(2) Evaluation.--From amounts reserved under
paragraph (1), the Secretary, acting through the
Director of the Institute of Education Sciences, shall
carry out an independent evaluation to measure the
effectiveness of the program assisted under this part.
(3) Contents.--The evaluation under paragraph (2)
shall measure--
(A) the effectiveness of the program in
improving student academic achievement;
(B) the satisfaction of the participating
teachers, principals, and other school leaders;
and
(C) the extent to which the program
assisted the eligible entities in recruiting
and retaining high-quality teachers,
principals, and other school leaders,
especially in high-need subject areas.
PART C--AMERICAN HISTORY AND CIVICS EDUCATION.
SEC. 2301. PROGRAM AUTHORIZED.
(a) In General.--From amounts appropriated to carry out
this part, the Secretary is authorized to carry out an American
history and civics education program to improve--
(1) the quality of American history, civics, and
government education by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights; and
(2) the quality of teaching American history,
civics, and government in elementary schools and
secondary schools, including the teaching of
traditional American history.
(b) Funding Allotment.--From amounts made available under
section 2305 for a fiscal year, the Secretary shall--
(1) reserve not more than 85 percent for activities
under section 2302;
(2) reserve not more than 10 percent for activities
under section 2303; and
(3) reserve not more than 5 percent for activities
under section 2304.
SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HISTORY.
(a) In General.--From the amounts reserved by the Secretary
under section 2301(b)(1), the Secretary shall award grants, on
a competitive basis, to local educational agencies--
(1) to carry out activities to promote the teaching
of traditional American history in elementary schools
and secondary schools as a separate academic subject
(not as a component of social studies); and
(2) for the development, implementation, and
strengthening of programs to teach traditional American
history as a separate academic subject (not as a
component of social studies) within elementary school
and secondary school curricula, including the
implementation of activities--
(A) to improve the quality of instruction;
and
(B) to provide professional development and
teacher education activities with respect to
American history.
(b) Required Partnership.--A local educational agency that
receives a grant under subsection (a) shall carry out
activities under the grant in partnership with 1 or more of the
following:
(1) An institution of higher education.
(2) A nonprofit history or humanities organization.
(3) A library or museum.
(c) Application.--To be eligible to receive a grant under
this section, a local 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.
(d) Grant Terms.--Grants awarded under subsection (a) shall
be for a term of not more than 5 years.
SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN
HISTORY AND CIVICS.
(a) In General.--From the amounts reserved under section
2301(b)(2), the Secretary shall award not more than 12 grants
on a competitive basis to--
(1) eligible entities to establish Presidential
Academies for the Teaching of American History and
Civics (in this section referred to as the
`Presidential Academies') in accordance with subsection
(e); and
(2) eligible entities to establish Congressional
Academies for Students of American History and Civics
(in this section referred to as the `Congressional
Academies') in accordance with subsection (f).
(b) Application.--An eligible entity that desires to
receive a grant under subsection (a) shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(c) Eligible Entity.--The term ``eligible entity'' under
this section means--
(1) an institution of higher education or nonprofit
educational organization, museum, library, or research
center with demonstrated expertise in historical
methodology or the teaching of American history and
civics; or
(2) a consortium of entities described in paragraph
(1).
(d) Grant Terms.--Grants awarded to eligible entities under
subsection (a) shall be for a term of not more than 5 years.
(e) Presidential Academies.--
(1) Use of funds.--Each eligible entity that
receives a grant under subsection (a)(1) shall use the
grant funds to establish a Presidential Academy that
offers a seminar or institute for teachers of American
history and civics, which--
(A) provides intensive professional
development opportunities for teachers of
American history and civics to strengthen such
teachers' knowledge of the subjects of American
history and civics;
(B) is led by a team of primary scholars
and core teachers who are accomplished in the
field of American history and civics;
(C) is conducted during the summer or other
appropriate time; and
(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
(2) Selection of teachers.--Each year, each
Presidential Academy shall select between 50 and 300
teachers of American history and civics from public or
private elementary schools and secondary schools to
attend the seminar or institute under paragraph (1).
(3) Teacher stipends.--Each teacher selected to
participate in a seminar or institute under this
subsection shall be awarded a fixed stipend based on
the length of the seminar or institute to ensure that
such teacher does not incur personal costs associated
with the teacher's participation in the seminar or
institute.
(4) Priority.--In awarding grants under this
subsection, the Secretary shall give priority to
eligible entities that coordinate or align their
activities with the National Park Service National
Centennial Parks initiative to develop innovative and
comprehensive programs using the resources of the
National Parks.
(f) Congressional Academies.--
(1) Use of funds.--Each eligible entity that
receives a grant under subsection (a)(2) shall use the
grant funds to establish a Congressional Academy that
offers a seminar or institute for outstanding students
of American history and civics, which--
(A) broadens and deepens such students'
understanding of American history and civics;
(B) is led by a team of primary scholars
and core teachers who are accomplished in the
field of American history and civics;
(C) is conducted during the summer or other
appropriate time; and
(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
(2) Selection of students.--
(A) In general.--Each year, each
Congressional Academy shall select between 100
and 300 eligible students to attend the seminar
or institute under paragraph (1).
(B) Eligible students.--A student shall be
eligible to attend a seminar or institute
offered by a Congressional Academy under this
subsection if the student--
(i) is recommended by the student's
secondary school principal or other
school leader to attend the seminar or
institute; and
(ii) will be a junior or senior in
the academic year following attendance
at the seminar or institute.
(3) Student stipends.--Each student selected to
participate in a seminar or institute under this
subsection shall be awarded a fixed stipend based on
the length of the seminar or institute to ensure that
such student does not incur personal costs associated
with the student's participation in the seminar or
institute.
(g) Matching Funds.--
(1) In general.--An eligible entity that receives
funds under subsection (a) shall provide, toward the
cost of the activities assisted under the grant, from
non-Federal sources, an amount equal to 100 percent of
the amount of the grant.
(2) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible entity if the Secretary
determines that applying the matching requirement would
result in serious hardship or an inability to carry out
the activities described in subsection (e) or (f).
SEC. 2304. NATIONAL ACTIVITIES.
(a) Purpose.--The purpose of this section is to promote
innovative strategies to promote innovative history, civic, and
geography instruction, learning strategies, and professional
development activities and programs for teachers, principals,
and other school leaders, particularly for low-income students
in underserved areas.
(b) In General.--From the funds reserved by the Secretary
under section 2301(b)(3), the Secretary shall award grants, on
a competitive basis, to eligible entities for the purposes of--
(1) developing, implementing, evaluating and
disseminating for voluntary use, innovative, evidenced-
based approaches to civic learning, geography, and
American history, which may include hands-on civic
engagement activities for teachers and low-income
students, that demonstrate innovation, scalability,
accountability, and a focus on underserved populations;
or
(2) other innovative evidence-based approaches to
improving the quality of student achievement and
teaching of American history, civics, geography, and
government in elementary schools and secondary schools.
(c) Program Periods and Diversity of Projects.--
(1) In general.--A grant awarded by the Secretary
to an eligible entity under this section shall be for a
period of not more than 3 years.
(2) Renewal.--The Secretary may renew a grant
awarded under this section for 1 additional 2-year
period.
(3) Diversity of projects.--In awarding grants
under this section, the Secretary shall ensure that, to
the extent practicable, grants are distributed among
eligible entities that will serve geographically
diverse areas, including urban, suburban, and rural
areas.
(d) Applications.--In order to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, and in such manner, and containing such
information that the Secretary may reasonably require.
(e) Eligible Entity.--In this section, the term ``eligible
entity'' means an institution of higher education or other
nonprofit or for-profit organization with demonstrated
expertise in the development of evidence-based approaches for
improving the quality of American history, geography, and
civics learning and teaching.
SEC. 2305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal years 2016
through 2021.
PART D--LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION.
SEC. 2401. PURPOSES; DEFINITIONS.
(a) Purposes.--The purpose of this part is--
(1) to improve student academic achievement in
reading and writing by providing Federal support to
States to develop, revise, or update comprehensive
literacy instruction plans that when implemented ensure
high-quality instruction and effective strategies in
reading and writing from early education through grade
12; and
(2) for States to provide targeted subgrants to
State-designated early childhood education programs and
local educational agencies and their public or private
partners to implement evidenced-based programs that
ensure high-quality comprehensive literacy instruction
for students most in need.
(b) Definitions.--In this part:
(1) Comprehensive literacy instruction.--The term
``comprehensive literacy instruction'' means
instruction that--
(A) includes developmentally appropriate,
contextually explicit, and systematic
instruction, and frequent practice, in reading
and writing across content areas;
(B) includes age-appropriate, explicit,
systematic, and intentional instruction in
phonological awareness, phonic decoding,
vocabulary, language structure, reading
fluency, and reading comprehension;
(C) includes age-appropriate, explicit
instruction in writing, including opportunities
for children to write with clear purposes, with
critical reasoning appropriate to the topic and
purpose, and with specific instruction and
feedback from instructional staff;
(D) makes available and uses diverse, high-
quality print materials that reflect the
reading and development levels, and interests,
of children;
(E) uses differentiated instructional
approaches, including individual and small
group instruction and discussion;
(F) provides opportunities for children to
use language with peers and adults in order to
develop language skills, including developing
vocabulary;
(G) includes frequent practice of reading
and writing strategies;
(H) uses age-appropriate, valid, and
reliable screening assessments, diagnostic
assessments, formative assessment processes,
and summative assessments to identify a child's
learning needs, to inform instruction, and to
monitor the child's progress and the effects of
instruction;
(I) uses strategies to enhance children's
motivation to read and write and children's
engagement in self-directed learning;
(J) incorporates the principles of
universal design for learning;
(K) depends on teachers' collaboration in
planning, instruction, and assessing a child's
progress and on continuous professional
learning; and
(L) links literacy instruction to the
challenging State academic standards under
section 1111(b)(1), including the ability to
navigate, understand, and write about, complex
print and digital subject matter.
(2) Eligible entity.--The term ``eligible entity''
means an entity that serves a high share or percentage
of high-need schools and consists of--
(A) one or more local educational agencies
that--
(i) have the highest number or
proportion of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State;
(ii) are among the local
educational agencies in the State with
the highest number or percentages of
children reading or writing below grade
level, based on the most currently
available State academic assessment
data under section 1111(b)(2); or
(iii) serve a significant number or
percentage of schools that are
identified under section 1114(a)(1)(A);
(B) one or more State-designated early
childhood education programs, which may include
home-based literacy programs for preschool aged
children, that have a demonstrated record of
providing comprehensive literacy instruction
for the age group such program proposes to
serve; or
(C) a local educational agency, described
in subparagraph (A), or consortium of such
local educational agencies, or a State-
designated early childhood education program,
which may include home-based literacy programs
for preschool aged children, acting in
partnership with 1 or more public or private
nonprofit organizations or agencies (which may
include State-designated early childhood
education programs) that have a demonstrated
record of effectiveness in--
(i) improving literacy achievement
of children, consistent with the
purposes of their participation, from
birth through grade 12; and
(ii) providing professional
development in comprehensive literacy
instruction.
(3) High-need school.--
(A) In general.--The term ``high-need
school'' means--
(i) an elementary school or middle
school in which not less than 50
percent of the enrolled students are
children from low-income families; or
(ii) a high school in which not
less than 40 percent of the enrolled
students are children from low-income
families, which may be calculated using
comparable data from the schools that
feed into the high school.
(B) Low-income family.--For purposes of
subparagraph (A), the term ``low-income
family'' means a family--
(i) in which the children are
eligible for a free or reduced price
lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C.
1751 et seq.);
(ii) receiving assistance under the
program of block grants to States for
temporary assistance for needy families
established under part A of title IV of
the Social Security Act (42 U.S.C. 601
et seq.); or
(iii) in which the children are
eligible to receive medical assistance
under the Medicaid program under title
XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
SEC. 2402. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.
(a) Grants Authorized.--From the amounts appropriated to
carry out this part and not reserved under subsection (b), the
Secretary shall award grants, on a competitive basis, to States
to enable the States to--
(1) provide subgrants to eligible entities serving
a diversity of geographic areas, giving priority to
entities serving greater numbers or percentages of
disadvantaged children; and
(2) develop or enhance comprehensive literacy
instruction plans that ensure high-quality instruction
and effective strategies in reading and writing for
children from early childhood education through grade
12, including English learners and children with
disabilities.
(b) Reservation.--From the amounts appropriated to carry
out this part for a fiscal year, the Secretary shall reserve--
(1) not more than a total of 5 percent for national
activities including a national evaluation, technical
assistance and training, data collection, and
reporting;
(2) one-half of 1 percent for the Secretary of the
Interior to carry out a program described in this part
at schools operated or funded by the Bureau of Indian
Education; and
(3) one-half of 1 percent for the outlying areas to
carry out a program under this part.
(c) Duration of Grants.--A grant awarded under this part
shall be awarded for a period of not more than 5 years. Such
grant may be renewed for an additional 2-year period upon the
termination of the initial period of the grant if the grant
recipient demonstrates to the satisfaction of the Secretary
that--
(1) the State has made adequate progress; and
(2) renewing the grant for an additional 2-year
period is necessary to carry out the objectives of the
grant described in subsection (d).
(d) State Applications.--
(1) In general.--A State educational agency
desiring a grant under this part shall submit an
application to the Secretary, at such time and in such
manner as the Secretary may require. The State
educational agency shall collaborate with the State
agency 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 childhood education
portion of the grant application under this subsection.
(2) Contents.--An application described in
paragraph (1) shall include, at a minimum, the
following:
(A) A needs assessment that analyzes
literacy needs across the State and in high-
need schools and local educational agencies
that serve high-need schools, including
identifying the most pressing gaps in literacy
proficiency and inequities in student access to
effective teachers of literacy, considering
each of the categories of students, as defined
in section 1111(b)(3)(A).
(B) A description of how the State
educational agency, in collaboration with the
State literacy team, if applicable, will
develop a State comprehensive literacy
instruction plan or will revise and update an
already existing State comprehensive literacy
instruction plan.
(C) An implementation plan that includes a
description of how the State educational agency
will carry out the State activities described
in subsection (e).
(D) An assurance that the State educational
agency will use implementation grant funds
described in subsection (e)(1) for
comprehensive literacy instruction programs as
follows:
(i) Not less than 15 percent of
such grant funds shall be used for
State and local programs and activities
pertaining to children from birth
through kindergarten entry.
(ii) Not less than 40 percent of
such 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 grant funds shall be used for
State and local programs and
activities, allocated equitably among
grades 6 through 12.
(E) An assurance that the State educational
agency shall give priority in awarding a
subgrant under section 2403 to an eligible
entity that--
(i) serves children from birth
through age 5 who are from families
with income levels at or below 200
percent of the Federal poverty line; or
(ii) consists of a local
educational agency serving a high
number or percentage of high-need
schools.
(e) State Activities.--
(1) In general.--A State educational agency
receiving a grant under this section shall use not less
than 95 percent of such grant funds to award subgrants
to eligible entities, based on their needs assessment
and a competitive application process.
(2) Reservation.--A State educational agency
receiving a grant under this section may reserve not
more than 5 percent for activities identified through
the needs assessment and comprehensive literacy plan
described in subparagraphs (A) and (B) of subsection
(d)(2), including the following activities:
(A) Providing technical assistance, or
engaging qualified providers to provide
technical assistance, to eligible entities to
enable the eligible entities to design and
implement literacy programs.
(B) Coordinating with institutions of
higher education in the State to provide
recommendations to strengthen and enhance pre-
service courses for students preparing to teach
children from birth through grade 12 in
explicit, systematic, and intensive instruction
in evidence-based literacy methods.
(C) 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 or certification standards in
the area of literacy instruction in early
education through grade 12.
(D) Making publicly available, including on
the State educational agency's website,
information on promising instructional
practices to improve child literacy
achievement.
(E) Administering and monitoring the
implementation of subgrants by eligible
entities.
(3) Additional uses.--After carrying out the
activities described in paragraphs (1) and (2), a State
educational agency may use any remaining amount to
carry out 1 or more of the following activities:
(A) Developing literacy coach training
programs and training literacy coaches.
(B) Administration and evaluation of
activities carried out under this part.
SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT LITERACY FOR
CHILDREN FROM BIRTH THROUGH KINDERGARTEN ENTRY.
(a) Subgrants.--
(1) In general.--A State educational agency
receiving a grant under this part shall, 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, if applicable,
the State Advisory Council on Early Childhood Education
and Care designated or established pursuant to section
642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C.
9837b(b)(1)(A)(i))), use a portion of the grant funds,
in accordance with section 2402(d)(2)(D)(i), 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 birth
through kindergarten entry.
(2) Duration.--The term of a subgrant under this
section shall be determined by the State educational
agency awarding the subgrant and shall in no case
exceed 5 years.
(3) 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 birth through kindergarten entry.
(b) 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 development and school
readiness of children, from birth through kindergarten
entry, in early childhood education programs, which
shall include an analysis of data that support the
proposed use of subgrant funds;
(2) how the subgrant funds will be used to prepare
and provide ongoing assistance to staff in the
programs, through high-quality professional
development;
(3) how the activities assisted under the subgrant
will be coordinated with comprehensive literacy
instruction at the kindergarten through grade 12
levels;
(4) how the subgrant funds will be used to evaluate
the success of the activities assisted under the
subgrant in enhancing the early language and literacy
development of children from birth through kindergarten
entry; and
(5) such other information as the State educational
agency may require.
(c) Local Uses of Funds.--An eligible entity that receives
a subgrant under this section shall use the subgrant funds,
consistent with the entity's approved application under
subsection (b), to--
(1) carry out high-quality professional development
opportunities for early childhood educators, teachers,
principals, other school leaders, paraprofessionals,
specialized instructional support personnel, and
instructional leaders;
(2) train providers and personnel to develop and
administer high-quality early childhood education
literacy initiatives; and
(3) coordinate the involvement of families, early
childhood education program staff, principals, other
school leaders, and teachers in literacy development of
children served under the subgrant.
SEC. 2404. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN
THROUGH GRADE 12 LITERACY.
(a) Subgrants to Eligible Entities.--
(1) Subgrants.--A State educational agency
receiving a grant under this part shall use a portion
of the grant funds, in accordance with clauses (ii) and
(iii) of section 2402(d)(2)(D), to award subgrants, on
a competitive basis, to eligible entities to enable the
eligible entities to carry out the authorized
activities described in subsections (b) and (c).
(2) Duration.--The term of a subgrant under this
section shall be determined by the State educational
agency awarding the subgrant and shall in no case
exceed 5 years.
(3) Sufficient size and scope.--A State educational
agency shall award subgrants under this section of
sufficient size and scope to allow the eligible
entities to carry out high-quality comprehensive
literacy instruction in each grade level for which the
subgrant funds are provided.
(4) 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, for each
school that the eligible entity identifies as
participating in a subgrant program under this section,
the following information:
(A) A description of the eligible entity's
needs assessment conducted to identify how
subgrant funds will be used to inform and
improve comprehensive literacy instruction at
the school.
(B) How the school, the local educational
agency, or a provider of high-quality
professional development will provide ongoing
high-quality professional development to all
teachers, principals, other school leaders, and
other instructional leaders served by the
school.
(C) How the school will identify children
in need of literacy interventions or other
support services.
(D) An explanation of how the school will
integrate comprehensive literacy instruction
into core academic subjects.
(E) A description of how the school will
coordinate comprehensive literacy instruction
with early childhood education and after-school
programs and activities in the area served by
the local educational agency.
(b) Local Uses of Funds for Kindergarten Through Grade 5.--
An eligible entity that receives a subgrant under this section
shall use the subgrant funds to carry out the following
activities pertaining to children in kindergarten through grade
5:
(1) Developing and implementing a comprehensive
literacy instruction plan across content areas for such
children that--
(A) serves the needs of all children,
including children with disabilities and
English learners, especially children who are
reading or writing below grade level;
(B) provides intensive, supplemental,
accelerated, and explicit intervention and
support in reading and writing for children
whose literacy skills are below grade level;
and
(C) supports activities that are provided
primarily during the regular school day but
which may be augmented by after-school and out-
of-school time instruction.
(2) Providing high-quality professional development
opportunities for teachers, literacy coaches, literacy
specialists, English as a second language specialists
(as appropriate), principals, other school leaders,
specialized instructional support personnel,
paraprofessionals, and other program staff.
(3) Training principals, specialized instructional
support personnel, and other school district personnel
to support, develop, administer, and evaluate high-
quality kindergarten through grade 5 literacy
initiatives.
(4) Coordinating the involvement of early childhood
education program staff, principals, other
instructional leaders, teachers, teacher literacy
teams, English as a second language specialists (as
appropriate), special educators, and school librarians
in the literacy development of children served under
this subsection.
(5) Engaging families and encouraging family
literacy experiences and practices to support literacy
development.
(c) Local Uses of Funds for Grades 6 Through 12.--An
eligible entity that receives a subgrant under this section
shall use subgrant funds to carry out the following activities
pertaining to children in grades 6 through 12:
(1) Developing and implementing a comprehensive
literacy instruction plan described in subsection
(b)(1) for children in grades 6 through 12.
(2) Training principals, specialized instruction
support personnel, and other school district personnel
to support, develop, administer, and evaluate high-
quality comprehensive literacy instruction initiatives
for grades 6 through 12.
(3) Assessing the quality of adolescent
comprehensive literacy instruction in core academic
subjects, and career and technical education subjects
where such career and technical education subjects
provide for the integration of core academic subjects.
(4) Providing time for teachers to meet to plan
research-based adolescent comprehensive literacy
instruction in core academic subjects, and career and
technical education subjects where such career and
technical education subjects provide for the
integration of core academic subjects.
(5) Coordinating the involvement of principals,
other instructional leaders, teachers, teacher literacy
teams, English as a second language specialists (as
appropriate), paraprofessionals, special educators, and
school librarians in the literacy development of
children served under this subsection.
(d) Allowable Uses.--An eligible entity that receives a
subgrant under this section may, in addition to carrying out
the activities described in subsection (b) or (c), use subgrant
funds to carry out the following activities pertaining to
children in kindergarten through grade 12:
(1) Recruiting, placing, training, and compensating
literacy coaches.
(2) Connecting out-of-school learning opportunities
to in-school learning in order to improve the literacy
achievement of the children.
(3) Training families and caregivers to support the
improvement of adolescent literacy.
(4) Providing for a multitier system of support.
(5) Forming a school literacy leadership team to
help implement, assess, and identify necessary changes
to the literacy initiatives in 1 or more schools to
ensure success.
(6) Providing time for teachers (and other literacy
staff, as appropriate, such as school librarians) to
meet to plan comprehensive literacy instruction.
SEC. 2405. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.
(a) National Evaluation.--From funds reserved under section
2402(b)(1), the Director of the Institute of Education Sciences
shall conduct a national evaluation of the grant and subgrant
programs assisted under this part. Such evaluation shall
include evidence-based research that applies rigorous and
systematic procedures to obtain valid knowledge relevant to the
implementation and effect of the programs and shall directly
coordinate with individual State evaluations of the programs'
implementation and impact.
(b) Program Improvement.--The Secretary shall--
(1) provide the findings of the evaluation
conducted under this section to State educational
agencies and subgrant recipients for use in program
improvement;
(2) make such findings publicly available,
including on the websites of the Department and the
Institute of Education Sciences; and
(3) submit such findings to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives.
SEC. 2406. SUPPLEMENT, NOT SUPPLANT.
Grant funds provided under this part shall be used to
supplement, and not supplant, other Federal or State funds
available to carry out activities described in this part.
PART E--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
INSTRUCTION AND STUDENT ACHIEVEMENT
SEC. 2501. PURPOSE.
The purpose of this part is to improve student academic
achievement in science, technology, engineering, and
mathematics, including computer science, by--
(1) improving instruction in such subjects through
grade 12;
(2) improving student engagement in, and increasing
student access to, such subjects;
(3) improving the quality and effectiveness of
classroom instruction by recruiting, training, and
supporting highly rated teachers and providing robust
tools and supports for students and teachers in such
subjects; and
(4) closing student achievement gaps, and preparing
more students to be college and career ready, in such
subjects.
SEC. 2502. DEFINITIONS.
In this part:
(1) Eligible subgrantee.--The term ``eligible
subgrantee'' means--
(A) a high-need local educational agency;
(B) an educational service agency serving
more than 1 high-need local educational agency;
(C) a consortium of high-need local
educational agencies; or
(D) an entity described in subparagraph (A)
or (C) of paragraph (2) that has signed a
memorandum of agreement with an entity
described in subparagraph (A), (B), or (C) of
this paragraph to implement the requirements of
this part in partnership with such entity.
(2) 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 identified subjects described in
section 2504(b)(2), including any of the following:
(A) A nonprofit or community-based
organization, which may include a cultural
organization, such as a museum or learning
center.
(B) A business.
(C) An institution of higher education.
(D) An educational service agency.
(3) STEM master teacher corps.--The term ``STEM
master teacher corps'' means a State-led effort to
elevate the status of the science, technology,
engineering, and mathematics teaching profession by
recognizing, rewarding, attracting, and retaining
outstanding science, technology, engineering, and
mathematic teachers, particularly in high-need and
rural schools, by offering such teachers additional
compensation, instructional resources, and
instructional leadership roles.
SEC. 2503. GRANTS; ALLOTMENTS.
(a) In General.--From amounts made available to carry out
this part for a fiscal year, the Secretary shall award grants
to State educational agencies, through allotments described in
subsection (b), to enable State educational agencies to carry
out the activities described in section 2505.
(b) Distribution of Funds.--
(1) In general.--Subject to paragraph (2), for each
fiscal year, the Secretary shall allot to each State--
(A) an amount that bears the same
relationship to 35 percent of the amount
available to carry out this part for such year,
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 amount
available to carry out this part for such year
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.
(2) 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.
(c) Reallotment of Unused Funds.--If a State does not
successfully apply for an allotment under this part, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
SEC. 2504. APPLICATIONS.
(a) In General.--Each State desiring an allotment under
section 2503(b) 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 the needs, including assets,
identified by the State educational agency based on a
State analysis, which shall include--
(A) an analysis of science, technology,
engineering, and mathematics education quality
and outcomes in the State, which may include
results from a pre-existing analysis;
(B) labor market information regarding the
industry and business workforce needs within
the State; and
(C) an analysis of the quality of pre-
service preparation at all public institutions
of higher education (including alternative
pathways to teacher licensure or certification)
for individuals preparing to teach science,
technology, engineering, and mathematics
subjects in the State.
(2) An identification of the specific subjects that
the State educational agency will address through the
activities described in section 2505, consistent with
the needs identified under paragraph (1) (referred to
in this part as `'identified subjects'').
(3) A description, in a manner that addresses any
needs identified under paragraph (1), of--
(A) how grant funds will be used by the
State educational agency to improve instruction
in the identified subjects;
(B) the process that the State educational
agency will use for awarding subgrants,
including how relevant stakeholders will be
involved;
(C) how the State's proposed project will
ensure an increase in access for students who
are members of groups underrepresented in
science, technology, engineering, and
mathematics subject fields to high-quality
courses in 1 or more of the identified
subjects; and
(D) how the State educational agency will
continue to involve stakeholders in education
reform efforts related to science, technology,
engineering, and mathematics instruction.
SEC. 2505. AUTHORIZED ACTIVITIES.
(a) Required Activities.--Each State educational agency
that receives an allotment under this part shall use the grant
funds reserved under subsection (d)(2) to carry out each of the
following activities:
(1) Increasing access for students through grade 12
who are members of groups underrepresented in science,
technology, engineering, and mathematics subject fields
to high-quality courses in the identified subjects.
(2) Implementing evidence-based programs of
instruction based on high-quality standards and
assessments in the identified subjects.
(3) Providing 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.
(b) Permissible Activities.--Each State educational agency
that receives an allotment under this part may use the grant
funds reserved under subsection (d)(2) 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 careers in the science,
technology, engineering, and mathematics fields.
(2) Providing induction and mentoring services to
new teachers in identified subjects.
(3) Developing instructional supports for
identified subjects, such as curricula and assessments,
which shall be evidence-based and aligned with
challenging State academic standards under section
1111(b)(1).
(4) Supporting the development of a State-wide STEM
master teacher corps.
(c) Subgrants.--
(1) In general.--Each State educational agency that
receives a grant under this part shall use the amounts
not reserved under subsection (d) to award subgrants,
on a competitive basis, to eligible subgrantees to
enable the eligible subgrantees to carry out the
activities described in paragraph (4).
(2) Minimum subgrant.--A State educational agency
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 part.
(3) Subgrantee application.--
(A) In general.--Each eligible subgrantee
desiring a subgrant under this subsection shall
submit an application to the State educational
agency at such time, in such manner, and
accompanied by such information as the State
educational agency may require.
(B) Contents of subgrantee application.--At
a minimum, the application described in
subparagraph (A) shall include the following:
(i) A description of the activities
that the eligible subgrantee will carry
out, and how such activities will
improve teaching and student academic
achievement in the State's identified
subjects, in a manner consistent with
scientifically valid research.
(ii) A description of how the
eligible subgrantee will use funds
provided under this subsection to serve
students and teachers in high-need
schools.
(iii) 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.
(iv) If the eligible 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 State's identified subjects.
(4) Subgrantee use of funds.--
(A) Required use of funds.--Each subgrantee
under this subsection shall use the subgrant
funds to carry out activities for students
through grade 12, as described in the
subgrantee's application, which shall include--
(i) high-quality teacher and
instructional leader recruitment,
support, and evaluation in the State's
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;
(iii) activities to--
(I) improve the content
knowledge of teachers in the
State's identified subjects;
(II) facilitate
professional collaboration,
which may include providing
time for such collaborations;
and
(III) improve the
integration of informal and
after school programs that
target the identified subjects,
with classroom instruction; and
(iv) the development, adoption, and
improvement of high-quality curricula
and instructional supports that--
(I) are aligned with the
challenging State academic
standards under section
1111(b)(1); and
(II) the eligible
subgrantee will use to improve
student academic achievement in
the identified subjects.
(B) Allowable use of funds.--In addition to
the required activities described in
subparagraph (A), each eligible 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 related to science,
technology, engineering, and
mathematics subjects (such as robotics,
science research, invention,
mathematics, computer science, and
technology competitions);
(ii) broaden secondary school
students' access to, and interest in,
careers that require academic
preparation in 1 or more identified
subjects; and
(iii) broaden secondary school
students' access to early college high
schools, dual enrollment, or concurrent
enrollment courses in science,
technology, engineering, and
mathematics subjects, including
providing professional development to
teachers and leaders related to this
work.
(C) Matching funds.--A State 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.
(d) State Activities.--
(1) In general.--Each State educational agency that
receives an allotment under this part may use not more
than 5 percent of grant funds for--
(A) administrative costs;
(B) monitoring the implementation of
subgrants;
(C) providing technical assistance to
eligible subgrantees; and
(D) evaluating subgrants in coordination
with the evaluation described in section
2506(c).
(2) Reservation.--Each State educational agency
that receives an allotment under this part shall
reserve not less than 15 and not more than 20 percent
of grant funds, inclusive of the amount described in
paragraph (1), for additional State activities,
consistent with subsections (a) and (b).
SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUATION.
(a) Establishment of Performance Metrics.--The Secretary,
acting through the Director of the Institute of Education
Sciences, shall establish performance metrics to evaluate the
effectiveness of the activities carried out under this part.
(b) Annual Report.--Each State educational agency that
receives an allotment under this part shall prepare and submit
an annual report to the Secretary, which shall include
information relevant to the performance metrics described in
subsection (a).
(c) Evaluation.--The Secretary shall--
(1) acting through the Director of the Institute of
Education Sciences, and in consultation with the
Director of the National Science Foundation--
(A) evaluate the implementation and impact
of the activities supported under this part,
including progress measured by the metrics
established under subsection (a);
(B) identify best practices to improve
instruction in science, technology,
engineering, and mathematics subjects; and
(C) ensure that the Department is taking
appropriate action to avoid unnecessary
duplication of efforts between the activities
being supported under this part and other
programmatic activities supported by the
Department or by other Federal agencies; and
(2) disseminate, in consultation with the National
Science Foundation, research on best practices to
improve instruction in science, technology,
engineering, and mathematics subjects.
SEC. 2507. SUPPLEMENT NOT SUPPLANT.
Funds received under this part shall be used to supplement,
and not supplant, funds that would otherwise be used for
activities authorized under this part.
PART F--GENERAL PROVISIONS
SEC. 2601. RULES OF CONSTRUCTION.
(a) Prohibition Against Federal Mandates, Direction, or
Control.--Nothing in this title shall be construed to authorize
the Secretary or any other officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's--
(1) instructional content or materials, curriculum,
program of instruction, academic standards, or academic
assessments;
(2) teacher, principal, or other school leader
evaluation system;
(3) specific definition of teacher, principal, or
other school leader effectiveness; or
(4) teacher, principal, or other school leader
professional standards, certification, or licensing.
(b) School or District Employees.--Nothing in this title
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.
TITLE III--LANGUAGE INSTRUCTION FOR [LIMITED ENGLISH PROFICIENT]ENGLISH
LEARNERS AND IMMIGRANT STUDENTS
[SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON
EFFECTIVENESS OF PARTS.
[(a) Authorizations of Appropriations.--
[(1) In general.--Subject to subsection (b), there
are authorized to be appropriated to carry out this
title, except for subpart 4 of part B, $750,000,000 for
fiscal year 2002 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
[(2) Emergency immigrant education program.--There
are authorized to be appropriated to carry out subpart
4 of part B (when such part is in effect) such sums as
may be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(b) Conditions on Effectiveness of Parts A and B.--
[(1) Part a.--Part A shall be in effect for any
fiscal year for which the amount appropriated under
paragraphs (1) and (2) of subsection (a) equals or
exceeds $650,000,000.
[(2) Part b.--Part B shall be in effect only for a
fiscal year for which part A is not in effect.
[(c) References.--In any fiscal year for which part A is in
effect, references in Federal law (other than this title) to
part B shall be considered to be references to part A. In any
fiscal year for which part B is in effect, references in
Federal law (other than this title) to part A shall be
considered to be references to part B.]
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years
2016 through 2021.
PART A--ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT ACT
SEC. 3101. SHORT TITLE.
This part may be cited as the ``English Language
Acquisition, Language Enhancement, and Academic Achievement
Act''.
SEC. 3102. PURPOSES.
The purposes of this part are--
[(1) to help ensure that children who are limited
English proficient, including immigrant children and
youth, attain English proficiency, develop high levels
of academic attainment in English, and meet the same
challenging State academic content and student academic
achievement standards as all children are expected to
meet;
[(2) to assist all limited English proficient
children, including immigrant children and youth, to
achieve at high levels in the core academic subjects so
that those children can meet the same challenging State
academic content and student academic achievement
standards as all children are expected to meet,
consistent with section 1111(b)(1);
[(3) to develop high-quality language instruction
educational programs designed to assist State
educational agencies, local educational agencies, and
schools in teaching limited English proficient children
and serving immigrant children and youth;
[(4) to assist State educational agencies and local
educational agencies to develop and enhance their
capacity to provide high-quality instructional programs
designed to prepare limited English proficient
children, including immigrant children and youth, to
enter all-English instruction settings;
[(5) to assist State educational agencies, local
educational agencies, and schools to build their
capacity to establish, implement, and sustain language
instruction educational programs and programs of
English language development for limited English
proficient children;
[(6) to promote parental and community
participation in language instruction educational
programs for the parents and communities of limited
English proficient children;
[(7) to streamline language instruction educational
programs into a program carried out through formula
grants to State educational agencies and local
educational agencies to help limited English proficient
children, including immigrant children and youth,
develop proficiency in English, while meeting
challenging State academic content and student academic
achievement standards;
[(8) to hold State educational agencies, local
educational agencies, and schools accountable for
increases in English proficiency and core academic
content knowledge of limited English proficient
children by requiring--
[(A) demonstrated improvements in the
English proficiency of limited English
proficient children each fiscal year; and
[(B) adequate yearly progress for limited
English proficient children, including
immigrant children and youth, as described in
section 1111(b)(2)(B); and
[(9) to provide State educational agencies and
local educational agencies with the flexibility to
implement language instruction educational programs,
based on scientifically based research on teaching
limited English proficient children, that the agencies
believe to be the most effective for teaching English.]
(1) to help ensure that English learners, including
immigrant children and youth, attain English
proficiency, and develop high levels of academic
achievement in English;
(2) to assist all English learners, including
immigrant children and youth, to achieve at high levels
in academic subjects so that children who are English
learners can meet the same challenging State academic
standards that all children are expected to meet,
consistent with section 1111(b)(1);
(3) to assist early childhood educators, teachers,
principals and other school leaders, State educational
agencies, and local educational agencies in
establishing, implementing, and sustaining effective
language instruction educational programs designed to
assist in teaching English learners, including
immigrant children and youth;
(4) to assist early childhood educators, teachers,
principals and other school leaders, State educational
agencies, and local educational agencies to develop and
enhance their capacity to provide effective instruction
programs designed to prepare English learners,
including immigrant children and youth, to enter all
English instruction settings;
(5) to promote parental, family, and community
participation in language instruction educational
programs for the parents, families, and communities of
English learners; and
(6) to provide incentives to grantees to implement
policies and practices that will lead to significant
improvements in the instruction and achievement of
English learners.
Subpart 1--Grants and Subgrants for English Language Acquisition and
Language Enhancement
SEC. 3111. FORMULA GRANTS TO STATES.
(a) In General.--* * *
(b) Use of Funds.--
(1) Subgrants to eligible entities.--The Secretary
may make a grant under subsection (a) only if the State
educational agency involved agrees to expend at least
95 percent of the State educational agency's allotment
under subsection (c) for a fiscal year--
(A) * * *
* * * * * * *
(2) State activities.--Subject to paragraph (3),
each State educational agency receiving a grant under
subsection (a) may reserve not more than 5 percent of
the agency's allotment under subsection (c) to carry
out one or more of the following activities:
[(A) Professional development activities,
and other activities, that assist personnel in
meeting State and local certification and
licensing requirements for teaching limited
English proficient children.
[(B) Planning, evaluation, administration,
and interagency coordination related to the
subgrants referred to in paragraph (1).
[(C) Providing technical assistance and
other forms of assistance to eligible entities
that are receiving subgrants from a State
educational agency under this subpart,
including assistance in--
[(i) identifying and implementing
language instruction educational
programs and curricula that are based
on scientifically based research on
teaching limited English proficient
children;
[(ii) helping limited English
proficient children meet the same
challenging State academic content and
student academic achievement standards
as all children are expected to meet;
[(iii) identifying or developing,
and implementing, measures of English
proficiency; and
[(iv) promoting parental and
community participation in programs
that serve limited English proficient
children.
[(D) Providing recognition, which may
include providing financial awards, to
subgrantees that have exceeded their annual
measurable achievement objectives pursuant to
section 3122.]
(A) Establishing and implementing, with
timely and meaningful consultation with local
educational agencies representing the
geographic diversity of the State, standardized
statewide entrance and exit procedures,
including a requirement that all students who
may be English learners are assessed for such
status within 30 days of enrollment in a school
in the State.
(B) Providing effective teacher and
principal preparation, professional development
activities, and other evidence-based activities
related to the education of English learners,
which may include assisting teachers,
principals, and other educators in--
(i) meeting State and local
certification and licensing
requirements for teaching English
learners; and
(ii) improving teaching skills in
meeting the diverse needs of English
learners, including how to implement
effective programs and curricula on
teaching English learners.
(C) Planning, evaluation, administration,
and interagency coordination related to the
subgrants referred to in paragraph (1).
(D) Providing technical assistance and
other forms of assistance to eligible entities
that are receiving subgrants from a State
educational agency under this subpart,
including assistance in--
(i) identifying and implementing
effective language instruction
educational programs and curricula for
teaching English learners, including
those in early childhood settings;
(ii) helping English learners meet
the same State academic standards that
all children are expected to meet;
(iii) identifying or developing,
and implementing, measures of English
proficiency; and
(iv) strengthening and increasing
parent, family, and community
engagement in programs that serve
English learners.
(E) Providing recognition, which may
include providing financial awards, to
recipients of subgrants under section 3115 that
have significantly improved the achievement and
progress of English learners in meeting--
(i) annual timelines and goals for
progress established under section
1111(c)(1)(K) based on the State's
English language proficiency assessment
under section 1111(b)(2)(G); and
(ii) the challenging State academic
standards described in section
1111(b)(1).
(3) Direct Administrative expenses.--From the
amount reserved under paragraph (2), a State
educational agency may use not more than 60 percent of
such amount or $175,000, whichever is greater, for the
planning and direct administrative costs of carrying
out paragraphs (1) and (2).
(c) Reservations and Allotments.--
(1) Reservations.--From the amount appropriated
under [section 3001(a)]section 3001 for each fiscal
year, the Secretary shall reserve--
(A) * * *
(B) 0.5 percent of such amount for payments
to outlying areas, to be allotted in accordance
with their respective needs for assistance
under this subpart, as determined by the
Secretary, for activities, approved by the
Secretary, consistent with this subpart; and
(C) 6.5 percent of such amount for national
activities under sections 3131 and [3303]3202,
except that [not more than 0.5 percent of such
amount shall be reserved for evaluation
activities conducted by the Secretary and] not
more than $2,000,000 of such amount may be
reserved for the National Clearinghouse for
English Language Acquisition and Language
Instruction Educational Programs described in
section [3303]3202[; and].
[(D) such sums as may be necessary to make
continuation awards under paragraph (2).]
[(2) Continuation awards.--
[(A) In general.--Before making allotments
to State educational agencies under paragraph
(3) for any fiscal year, the Secretary shall
use the sums reserved under paragraph (1)(D) to
make continuation awards to recipients who
received grants or fellowships for the fiscal
year preceding any fiscal year described in
section 3001(b)(1)(A) under--
[(i) subparts 1 and 3 of part A of
title VII (as in effect on the day
before the date of enactment of the No
Child Left Behind Act of 2001); or
[(ii) subparts 1 and 3 of part B of
this title.
[(B) Use of funds.--The Secretary shall
make the awards in order to allow such
recipients to receive awards for the complete
period of their grants or fellowships under the
appropriate subparts.]
[(3)](2) State allotments.--
(A) In general.--Except as provided in
subparagraph (B), from the amount appropriated
under [section 3001(a)]section 3001 for each
fiscal year that remains after making the
reservations under paragraph (1), the Secretary
shall allot to each State educational agency
having a plan approved under section 3113(c)--
(i) an amount that bears the same
relationship to 80 percent of the
remainder as the number of [limited
English proficient children in the
State bears to the number of such
children in all States;]English
learners in the State bears to the
number of English learners in all
States, as determined by the Secretary
under paragraph (3); and
(ii) an amount that bears the same
relationship to 20 percent of the
remainder as the number of immigrant
children and youth in the State bears
to the number of such children and
youth in all States.
* * * * * * *
(3) Use of data for determinations.--In making
State allotments under paragraph (2)(A) for each fiscal
year, the Secretary shall--
(A) determine the number of English
learners in a State and in all States, using
the most accurate, up-to-date data, which shall
be--
(i) data available from the
American Community Survey conducted by
the Department of Commerce, which may
be multiyear estimates;
(ii) the number of students being
assessed for English language
proficiency, based on the State's
English language proficiency assessment
under section 1111(b)(2)(G), which may
be multiyear estimates; or
(iii) a combination of data
available under clauses (i) and (ii);
and
(B) determine the number of immigrant
children and youth in the State and in all
States based only on data available from the
American Community Survey conducted by the
Department of Commerce, which may be multiyear
estimates.
[(4) Use of data for determinations.--
[(A) In general.--In making State
allotments under paragraph (3), for the purpose
of determining the number of limited English
proficient children in a State and in all
States, and the number of immigrant children
and youth in a State and in all States, for
each fiscal year, the Secretary shall use data
that will yield the most accurate, up-to-date
numbers of such children and youth.
[(B) Special rule.--
[(i) First 2 years.--In making
determinations under subparagraph (A)
for the 2 fiscal years following the
date of enactment of the No Child Left
Behind Act of 2001, the Secretary shall
determine the number of limited English
proficient children in a State and in
all States, and the number of immigrant
children and youth in a State and in
all States, using data available from
the Bureau of Census or submitted by
the States to the Secretary.
[(ii) Subsequent years.--For
subsequent fiscal years, the Secretary
shall determine the number of limited
English proficient children in a State
and in all States, and the number of
immigrant children and youth in a State
and in all States, using the more
accurate of--
[(I) the data available
from the American Community
Survey available from the
Department of Commerce; or
[(II) the number of
children being assessed for
English proficiency in a State
as required under section
1111(b)(7).]
* * * * * * *
SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.
(a) Plan Required.--Each State educational agency and
specially qualified agency desiring a grant under this subpart
shall submit a plan to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
(b) Contents.--Each plan submitted under subsection (a)
shall--
(1) describe the process that the agency will use
in [making]awarding subgrants to eligible entities
under section 3114(d)(1);
[(2) describe how the agency will establish
standards and objectives for raising the level of
English proficiency that are derived from the four
recognized domains of speaking, listening, reading, and
writing, and that are aligned with achievement of the
challenging State academic content and student academic
achievement standards described in section 1111(b)(1);
[(3) contain an assurance that--
[(A) in the case of a State educational
agency, the agency consulted with local
educational agencies, education-related
community groups and nonprofit organizations,
parents, teachers, school administrators, and
researchers, in developing the annual
measurable achievement objectives described in
section 3122;
[(B) in the case of a specially qualified
agency, the agency consulted with education-
related community groups and nonprofit
organizations, parents, teachers, and
researchers, in developing the annual
measurable achievement objectives described in
section 3122;
[(C) the agency will ensure that eligible
entities receiving a subgrant under this
subpart comply with the requirement in section
1111(b)(7) to annually assess in English
children who have been in the United States for
3 or more consecutive years;
[(D) the agency will ensure that eligible
entities receiving a subgrant under this
subpart annually assess the English proficiency
of all limited English proficient children
participating in a program funded under this
subpart, consistent with section 1111(b)(7);
[(E) in awarding subgrants under section
3114, the agency will address the needs of
school systems of all sizes and in all
geographic areas, including school systems with
rural and urban schools;
[(F) subgrants to eligible entities under
section 3114(d)(1) will be of sufficient size
and scope to allow such entities to carry out
high-quality language instruction educational
programs for limited English proficient
children; and
[(G) the agency will require an eligible
entity receiving a subgrant under this subpart
to use the subgrant in ways that will build
such recipient's capacity to continue to offer
high-quality language instruction educational
programs that assist limited English proficient
children in meeting challenging State academic
content and student academic achievement
standards once assistance under this subpart is
no longer available;
[(4) describe how the agency will coordinate its
programs and activities under this subpart with its
other programs and activities under this Act and other
Acts, as appropriate;
[(5) describe how the agency will hold local
educational agencies, eligible entities, elementary
schools, and secondary schools accountable for--
[(A) meeting all annual measurable
achievement objectives described in section
3122;
[(B) making adequate yearly progress for
limited English proficient children, as
described in section 1111(b)(2)(B); and
[(C) achieving the purposes of this part;
and
[(6) describe how eligible entities in the State
will be given the flexibility to teach limited English
proficient children--
[(A) using a language instruction
curriculum that is tied to scientifically based
research on teaching limited English proficient
children and that has been demonstrated to be
effective; and
[(B) in the manner the eligible entities
determine to be the most effective.]
(2) describe how the agency will establish and
implement, with timely and meaningful consultation with
local educational agencies representing the geographic
diversity of the State, standardized, statewide
entrance and exit procedures, including an assurance
that all students who may be English learners are
assessed for such status within 30 days of enrollment
in a school in the State;
(3) provide an assurance that--
(A) the agency will ensure that eligible
entities receiving a subgrant under this
subpart comply with the requirement in section
1111(b)(2)(B)(ix) to annually assess in English
all English learners who have been in the
United States for 3 or more years;
(B) the agency will ensure that eligible
entities receiving a subgrant under this
subpart annually assess the English proficiency
of all English learners participating in a
program funded under this subpart, consistent
with section 1111(b)(2)(G);
(C) in awarding subgrants under section
3114, the agency will address the needs of
school systems of all sizes and in all
geographic areas, including school systems with
rural and urban schools;
(D) subgrants to eligible entities under
section 3114(d)(1) will be of sufficient size
and scope to allow such entities to carry out
effective language instruction educational
programs for English learners;
(E) the agency will require an eligible
entity receiving a subgrant under this subpart
to use the subgrant in ways that will build
such recipient's capacity to continue to offer
effective language instruction educational
programs that assist English learners in
meeting challenging State academic standards
described in section 1111(b)(1);
(F) the agency will monitor each eligible
entity receiving a subgrant under this subpart
for compliance with applicable Federal fiscal
requirements; and
(G) the plan has been developed in
consultation with local educational agencies,
teachers, administrators of programs
implemented under this subpart, parents of
English learners, and other relevant
stakeholders;
(4) describe how the agency will coordinate its
programs and activities under this subpart with other
programs and activities under this Act and other Acts,
as appropriate;
(5) describe how each eligible entity will be given
the flexibility to teach English learners--
(A) using a high quality, effective
language instruction curriculum for teaching
English learners; and
(B) in the manner the eligible entities
determine to be the most effective;
(6) describe how the agency will assist eligible
entities in meeting--
(A) annual timelines and goals for progress
established under section 1111(c)(1)(K) based
on the State's English language proficiency
assessment under section 1111(b)(2)(G); and
(B) the challenging State academic
standards described in section 1111(b)(1);
(7) describe how the agency will assist eligible
entities in decreasing the number of English learners
who have not yet acquired English proficiency within 5
years of their initial classification as an English
learner;
(8) describe how the agency will ensure that the
unique needs of the State's population of English
learners and immigrant children and youth are being
addressed; and
(9) describe how the agency will monitor and
evaluate the progress of each eligible entity receiving
funds under this part toward meeting the timelines and
goals for English proficiency required under section
1111(c)(1)(K) and the steps the State will take to
further assist eligible entities if such strategies
funded under this part are not effective in making such
progress and meeting academic goals established under
section 1111(b)(3)(B)(i) for English learners, such as
providing technical assistance and modifying such
strategies.
(c) Approval.--* * *
(d) Duration of Plan.--
(1) In general.--* * *
* * * * * * *
(2) Additional information.--
(A) Amendments.--* * *
(B) Approval.--The Secretary shall approve
such amendment to an approved plan, unless the
Secretary determines that the amendment will
result in the agency not meeting the
requirements, or fulfilling the purposes, of
this [part]subpart.
(e) Consolidated Plan.--* * *
(f) Secretary Assistance.--The Secretary shall provide
technical assistance, if requested, in the development of
English proficiency standards[, objectives,] and assessments.
SEC. 3114. WITHIN-STATE ALLOCATIONS.
(a) In General.--After making the reservation required
under subsection (d)(1), each State educational agency
receiving a grant under [section 3111(c)(3)]section 3111(c)(2)
shall award subgrants for a fiscal year by allocating to each
eligible entity in the State having a plan approved under
section 3116 an amount that bears the same relationship to the
amount received under the grant and remaining after making such
reservation as the population of [limited English proficient
children]English learners in schools served by the eligible
entity bears to the population of [limited English proficient
children]English learners in schools served by all eligible
entities in the State.
* * * * * * *
(d) Required Reservation.--A State educational agency
receiving a grant under this subpart for a fiscal year--
(1) shall reserve not more than 15 percent of the
agency's allotment under [section 3111(c)(3)]section
3111(c)(2) to award subgrants to eligible entities in
the State that have experienced a significant increase,
as compared to the average of the 2 preceding fiscal
years, in the percentage or number of immigrant
children and youth, who have enrolled, during the
fiscal year [preceding the fiscal year] for which the
subgrant is made, in public and nonpublic elementary
schools and secondary schools in the geographic areas
under the jurisdiction of, or served by, such entities;
and
(2) in awarding subgrants under paragraph (1)--
(A) * * *
* * * * * * *
[SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.
[(a) Purposes of Subgrants.--A State educational agency may
make a subgrant to an eligible entity from funds received by
the agency under this subpart only if the entity agrees to
expend the funds to improve the education of limited English
proficient children, by assisting the children to learn English
and meet challenging State academic content and student
academic achievement standards. In carrying out activities with
such funds, the entity shall use approaches and methodologies
based on scientifically based research on teaching limited
English proficient children and immigrant children and youth
for the following purposes:
[(1) Developing and implementing new language
instruction educational programs and academic content
instruction programs for such children, and such
children and youth, including programs of early
childhood education, elementary school programs, and
secondary school programs.
[(2) Carrying out highly focused, innovative,
locally designed activities to expand or enhance
existing language instruction educational programs and
academic content instruction programs for such
children, and such children and youth.
[(3) Implementing, within an individual school,
schoolwide programs for restructuring, reforming, and
upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for such
children, and such children and youth.
[(4) Implementing, within the entire jurisdiction
of a local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant
programs, activities, and operations relating to
language instruction educational programs and academic
content instruction for such children, and such
children and youth.
[(b) Administrative Expenses.--Each eligible entity
receiving funds under section 3114(a) for a fiscal year may use
not more than 2 percent of such funds for the cost of
administering this subpart.
[(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 3114(a) shall use the funds--
[(1) to increase the English proficiency of limited
English proficient children by providing high-quality
language instruction educational programs that are
based on scientifically based research demonstrating
the effectiveness of the programs in increasing--
[(A) English proficiency; and
[(B) student academic achievement in the
core academic subjects; and
[(2) to provide high-quality professional
development to classroom teachers (including teachers
in classroom settings that are not the settings of
language instruction educational programs), principals,
administrators, and other school or community-based
organizational personnel, that is--
[(A) designed to improve the instruction
and assessment of limited English proficient
children;
[(B) designed to enhance the ability of
such teachers to understand and use curricula,
assessment measures, and instruction strategies
for limited English proficient children;
[(C) based on scientifically based research
demonstrating the effectiveness of the
professional development in increasing
children's English proficiency or substantially
increasing the subject matter knowledge,
teaching knowledge, and teaching skills of such
teachers; and
[(D) of sufficient intensity and duration
(which shall not include activities such as
one-day or short-term workshops and
conferences) to have a positive and lasting
impact on the teachers' performance in the
classroom, except that this subparagraph shall
not apply to an activity that is one component
of a long-term, comprehensive professional
development plan established by a teacher and
the teacher's supervisor based on an assessment
of the needs of the teacher, the supervisor,
the students of the teacher, and any local
educational agency employing the teacher.
[(d) Authorized Subgrantee Activities.--Subject to
subsection (c), an eligible entity receiving funds under
section 3114(a) may use the funds to achieve one of the
purposes described in subsection (a) by undertaking one or more
of the following activities:
[(1) Upgrading program objectives and effective
instruction strategies.
[(2) Improving the instruction program for limited
English proficient children by identifying, acquiring,
and upgrading curricula, instruction materials,
educational software, and assessment procedures.
[(3) Providing--
[(A) tutorials and academic or vocational
education for limited English proficient
children; and
[(B) intensified instruction.
[(4) Developing and implementing elementary school
or secondary school language instruction educational
programs that are coordinated with other relevant
programs and services.
[(5) Improving the English proficiency and academic
achievement of limited English proficient children.
[(6) Providing community participation programs,
family literacy services, and parent outreach and
training activities to limited English proficient
children and their families--
[(A) to improve the English language skills
of limited English proficient children; and
[(B) to assist parents in helping their
children to improve their academic achievement
and becoming active participants in the
education of their children.
[(7) Improving the instruction of limited English
proficient children by providing for--
[(A) the acquisition or development of
educational technology or instructional
materials;
[(B) access to, and participation in,
electronic networks for materials, training,
and communication; and
[(C) incorporation of the resources
described in subparagraphs (A) and (B) into
curricula and programs, such as those funded
under this subpart.
[(8) Carrying out other activities that are
consistent with the purposes of this section.
[(e) Activities by Agencies Experiencing Substantial
Increases in Immigrant Children and Youth.--
[(1) In general.--An eligible entity receiving
funds under section 3114(d)(1) shall use the funds to
pay for activities that provide enhanced instructional
opportunities for immigrant children and youth, which
may include--
[(A) family literacy, parent outreach, and
training activities designed to assist parents
to become active participants in the education
of their children;
[(B) support for personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to immigrant children and youth;
[(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant
children and youth;
[(D) identification and acquisition of
curricular materials, educational software, and
technologies to be used in the program carried
out with funds;
[(E) basic instruction services that are
directly attributable to the presence in the
school district involved of immigrant children
and youth, including the payment of costs of
providing additional classroom supplies, costs
of transportation, or such other costs as are
directly attributable to such additional basic
instruction services;
[(F) other instruction services that are
designed to assist immigrant children and youth
to achieve in elementary schools and secondary
schools in the United States, such as programs
of introduction to the educational system and
civics education; and
[(G) activities, coordinated with
community-based organizations, institutions of
higher education, private sector entities, or
other entities with expertise in working with
immigrants, to assist parents of immigrant
children and youth by offering comprehensive
community services.
[(2) Duration of subgrants.--The duration of a
subgrant made by a State educational agency under
section 3114(d)(1) shall be determined by the agency in
its discretion.
[(f) Selection of Method of Instruction.--
[(1) In general.--To receive a subgrant from a
State educational agency under this subpart, an
eligible entity shall select one or more methods or
forms of instruction to be used in the programs and
activities undertaken by the entity to assist limited
English proficient children to attain English
proficiency and meet challenging State academic content
and student academic achievement standards.
[(2) Consistency.--Such selection shall be
consistent with sections 3125 through 3127.
[(g) Supplement, Not Supplant.--Federal funds made
available under this subpart shall be used so as to supplement
the level of Federal, State, and local public funds that, in
the absence of such availability, would have been expended for
programs for limited English proficient children and immigrant
children and youth and in no case to supplant such Federal,
State, and local public funds.]
SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.
(a) Purposes of Subgrants.--A State educational agency may
make a subgrant to an eligible entity from funds received by
the agency under this subpart only if the entity agrees to
expend the funds to improve the education of English learners
by assisting the children to learn English and meet the
challenging State academic standards described in section
1111(b)(1). In carrying out activities with such funds, the
eligible entity shall use effective approaches and
methodologies for teaching English learners and immigrant
children and youth for the following purposes:
(1) Developing and implementing new language
instruction educational programs and academic content
instruction programs for English learners and immigrant
children and youth, including early childhood education
programs, elementary school programs, and secondary
school programs.
(2) Carrying out highly focused, innovative,
locally designed activities to expand or enhance
existing language instruction educational programs and
academic content instruction programs for English
learners and immigrant children and youth.
(3) Implementing, within an individual school,
schoolwide programs for restructuring, reforming, and
upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for English
learners and immigrant children and youth.
(4) Implementing, within the entire jurisdiction of
a local educational agency, agency-wide programs for
restructuring, reforming, and upgrading all relevant
programs, activities, and operations relating to
language instruction educational programs and academic
content instruction for English learners and immigrant
children and youth.
(b) Direct Administrative Expenses.--Each eligible entity
receiving funds under section 3114(a) for a fiscal year may use
not more than 2 percent of such funds for the cost of
administering this subpart.
(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 3114(a) shall use the funds--
(1) to increase the English language proficiency of
English learners by providing effective language
instruction educational programs that meet the needs of
English learners and are based on high-quality research
demonstrating success in increasing--
(A) English language proficiency; and
(B) student academic achievement;
(2) to provide effective professional development
to classroom teachers (including teachers in classroom
settings that are not the settings of language
instruction educational programs), principals, other
school leaders, administrators, and other school or
community-based organizational personnel, that is--
(A) designed to improve the instruction and
assessment of English learners;
(B) designed to enhance the ability of such
teachers, principals, and other school leaders
to understand and implement appropriate
curricula, assessment practices, and
instruction strategies for English learners;
(C) effective in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge,
teaching knowledge, and teaching skills of such
teachers; and
(D) of sufficient intensity and duration
(which shall not include activities such as 1-
day or short-term workshops and conferences) to
have a positive and lasting impact on the
teachers' performance in the classroom, except
that this subparagraph shall not apply to an
activity that is one component of a long-term,
comprehensive professional development plan
established by a teacher and the teacher's
supervisor based on an assessment of the needs
of the teacher, the supervisor, the students of
the teacher, and any local educational agency
employing the teacher, as appropriate; and
(3) to provide and implement effective parent,
family, and community engagement activities in order to
enhance or supplement language instruction educational
programs for English Learners.
(d) Authorized Subgrantee Activities.--Subject to
subsection (c), an eligible entity receiving funds under
section 3114(a) may use the funds to achieve 1 of the purposes
described in subsection (a) by undertaking 1 or more of the
following activities:
(1) Upgrading program objectives and effective
instruction strategies.
(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading
curricula, instruction materials, educational software,
and assessment procedures.
(3) Providing to English learners--
(A) tutorials and academic or career and
technical education; and
(B) intensified instruction.
(4) Developing and implementing effective
preschool, elementary school, or secondary school
language instruction educational programs that are
coordinated with other relevant programs and services.
(5) Improving the English language proficiency and
academic achievement of English learners.
(6) Providing community participation programs,
family literacy services, and parent and family
outreach and training activities to English learners
and their families--
(A) to improve the English language skills
of English learners; and
(B) to assist parents and families in
helping their children to improve their
academic achievement and becoming active
participants in the education of their
children.
(7) Improving the instruction of English learners,
including English learners with a disability, by
providing for--
(A) the acquisition or development of
educational technology or instructional
materials;
(B) access to, and participation in,
electronic networks for materials, training,
and communication; and
(C) incorporation of the resources
described in subparagraphs (A) and (B) into
curricula and programs, such as those funded
under this subpart.
(8) Carrying out other activities that are
consistent with the purposes of this section.
(e) Activities by Agencies Experiencing Substantial
Increases in Immigrant Children and Youth.--
(1) In general.--An eligible entity receiving funds
under section 3114(d)(1) shall use the funds to pay for
activities that provide enhanced instructional
opportunities for immigrant children and youth, which
may include--
(A) family literacy, parent and family
outreach, and training activities designed to
assist parents and families to become active
participants in the education of their
children;
(B) recruitment of, and support for
personnel, including early childhood educators,
teachers, paraprofessionals who have been
specifically trained, or are being trained, to
provide services to immigrant children and
youth;
(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant
children and youth;
(D) identification and acquisition of
curricular materials, educational software, and
technologies to be used in the program carried
out with funds;
(E) basic instruction services that are
directly attributable to the presence of
immigrant children and youth in the local
educational agency involved, including the
payment of costs of providing additional
classroom supplies, costs of transportation, or
such other costs as are directly attributable
to such additional basic instruction services;
(F) other instruction services that are
designed to assist immigrant children and youth
to achieve in elementary schools and secondary
schools in the United States, such as programs
of introduction to the educational system and
civics education; and
(G) activities, coordinated with community-
based organizations, institutions of higher
education, private sector entities, or other
entities with expertise in working with
immigrants, to assist parents and families of
immigrant children and youth by offering
comprehensive community services.
(2) Duration of subgrants.--The duration of a
subgrant made by a State educational agency under
section 3114(d)(1) shall be determined by the agency in
its discretion.
(f) Selection of Method of Instruction.--
(1) In general.--To receive a subgrant from a State
educational agency under this subpart, an eligible
entity shall select one or more methods or forms of
effective instruction to be used in the programs and
activities undertaken by the entity to assist English
learners to attain English language proficiency and
meet challenging State academic standards described in
section 1111(b)(1).
(2) Consistency.--Such selection shall be
consistent with sections 3124 through 3126.
(g) Supplement, Not Supplant.--Federal funds made available
under this subpart shall be used so as to supplement the level
of Federal, State, and local public funds that, in the absence
of such availability, would have been expended for programs for
English learners and immigrant children and youth and in no
case to supplant such Federal, State, and local public funds.
SEC. 3116. LOCAL PLANS.
(a) Plan Required.--* * *
(b) Contents.--Each plan submitted under subsection (a)
shall--
[(1) describe the programs and activities proposed
to be developed, implemented, and administered under
the subgrant;
[(2) describe how the eligible entity will use the
subgrant funds to meet all annual measurable
achievement objectives described in section 3122;
[(3) describe how the eligible entity will hold
elementary schools and secondary schools receiving
funds under this subpart accountable for--
[(A) meeting the annual measurable
achievement objectives described in section
3122;
[(B) making adequate yearly progress for
limited English proficient children, as
described in section 1111(b)(2)(B); and
[(C) annually measuring the English
proficiency of limited English proficient
children, so that such children served by the
programs carried out under this part develop
proficiency in English while meeting State
academic content and student academic
achievement standards as required by section
1111(b)(1);
[(4) describe how the eligible entity will promote
parental and community participation in programs for
limited English proficient children;
[(5) contain an assurance that the eligible entity
consulted with teachers, researchers, school
administrators, and parents, and, if appropriate, with
education-related community groups and nonprofit
organizations, and institutions of higher education, in
developing such plan; and
[(6) describe how language instruction educational
programs carried out under the subgrant will ensure
that limited English proficient children being served
by the programs develop English proficiency.]
(1) describe the high-quality programs and
activities proposed to be developed, implemented, and
administered under the subgrant and how these
activities will help English learners increase their
English language proficiency and meet the challenging
State academic standards described in section
1111(b)(1);
(2) describe how the eligible entity will ensure
elementary schools and secondary schools receiving
funds under this subpart assist English learners in
meeting--
(A) annual timelines and goals for progress
established under 1111(c)(1)(K) based on the
State's English language proficiency assessment
under section 1111(b)(2)(G); and
(B) the challenging State academic
standards described in section 1111(b)(1);
(3) describe how the eligible entity will promote
parent, family, and community engagement in the
education of English learners;
(4) describe how language instruction educational
programs carried out under the subgrant will ensure
that English learners being served by the programs
develop English proficiency and demonstrate such
proficiency through academic content mastery;
(5) contain assurances that--
(A) each local educational agency that is
included in the eligible entity is complying
with section 1112(d)(2) prior to, and
throughout, each school year as of the date of
application, and will continue to comply with
such section throughout each school year for
which the grant is received;
(B) the eligible entity complies with any
State law, including State constitutional law,
regarding the education of English learners,
consistent with sections 3125 and 3126;
(C) the eligible entity has based its
proposed plan on high-quality research on
teaching English learners;
(D) the eligible entity consulted with
teachers, researchers, school administrators,
parents and family members, community members,
public or private entities, and institutions of
higher education, in developing and
implementing such plan; and
(E) the eligible entity will, if
applicable, coordinate activities and share
relevant data under the plan with local Head
Start and Early Head Start agencies, including
migrant and seasonal Head Start agencies, and
other early childhood education providers.
(c) Teacher English Fluency.--Each eligible entity
receiving a subgrant under section 3114 shall include in its
plan a certification that all teachers in any language
instruction educational program for [limited English proficient
children]English learners that is, or will be, funded under
this part are fluent in English and any other language used for
instruction, including having written and oral communications
skills.
[(d) Other Requirements for Approval.--Each local plan
shall also contain assurances that--
[(1) each local educational agency that is included
in the eligible entity is complying with section 3302
prior to, and throughout, each school year;
[(2) the eligible entity annually will assess the
English proficiency of all children with limited
English proficiency participating in programs funded
under this part;
[(3) the eligible entity has based its proposed
plan on scientifically based research on teaching
limited English proficient children;
[(4) the eligible entity will ensure that the
programs will enable children to speak, read, write,
and comprehend the English language and meet
challenging State academic content and student academic
achievement standards; and
[(5) the eligible entity is not in violation of any
State law, including State constitutional law,
regarding the education of limited English proficient
children, consistent with sections 3126 and 3127.]
Subpart 2--Accountability and Administration
[SEC. 3121. EVALUATIONS.
[(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under subpart 1 shall
provide such agency, at the conclusion of every second fiscal
year during which the subgrant is received, with an evaluation,
in a form prescribed by the agency, that includes--
[(1) a description of the programs and activities
conducted by the entity with funds received under
subpart 1 during the two immediately preceding fiscal
years;
[(2) a description of the progress made by children
in learning the English language and meeting
challenging State academic content and student academic
achievement standards;
[(3) the number and percentage of children in the
programs and activities attaining English proficiency
by the end of each school year, as determined by a
valid and reliable assessment of English proficiency;
and
[(4) a description of the progress made by children
in meeting challenging State academic content and
student academic achievement standards for each of the
2 years after such children are no longer receiving
services under this part.
[(b) Use of Evaluation.--An evaluation provided by an
eligible entity under subsection (a) shall be used by the
entity and the State educational agency--
[(1) for improvement of programs and activities;
[(2) to determine the effectiveness of programs and
activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State academic content and student academic
achievement standards; and
[(3) in determining whether or not to continue
funding for specific programs or activities.
[(c) Evaluation Components.--An evaluation provided by an
eligible entity under subsection (a) shall--
[(1) provide an evaluation of children enrolled in
a program or activity conducted by the entity using
funds under subpart 1 (including the percentage of
children) who--
[(A) are making progress in attaining
English proficiency, including the percentage
of children who have achieved English
proficiency;
[(B) have transitioned into classrooms not
tailored to limited English proficient
children, and have a sufficient level of
English proficiency to permit them to achieve
in English and transition into classrooms not
tailored to limited English proficient
children;
[(C) are meeting the same challenging State
academic content and student academic
achievement standards as all children are
expected to meet; and
[(D) are not receiving waivers for the
reading or language arts assessments under
section 1111(b)(3)(C); and
[(2) include such other information as the State
educational agency may require.
[(d) Evaluation Measures.--A State shall approve evaluation
measures for use under subsection (c) that are designed to
assess--
[(1) the progress of children in attaining English
proficiency, including a child's level of
comprehension, speaking, listening, reading, and
writing skills in English;
[(2) student attainment of challenging State
student academic achievement standards on assessments
described in section 1111(b)(3); and
[(3) progress in meeting the annual measurable
achievement objectives described in section 3122.
[(e) Special Rule for Specially Qualified Agencies.--Each
specially qualified agency receiving a grant under this part
shall provide the evaluations described in subsection (a) to
the Secretary subject to the same requirements as apply to
eligible entities providing such evaluations to State
educational agencies under such subsection.]
SEC. 3121. REPORTING.
(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under subpart 1 shall
provide such agency, at the conclusion of every second fiscal
year during which the subgrant is received, with a report, in a
form prescribed by the agency, on the activities conducted and
children served under such subpart that includes--
(1) a description of the programs and activities
conducted by the entity with funds received under
subpart 1 during the 2 immediately preceding fiscal
years;
(2) the number and percentage of English learners
in the programs and activities who meet the annual
State-determined goals for progress established under
section 1111(c)(1)(K), including disaggregated, at a
minimum, by--
(A) long-term English learners; and
(B) English learners with a disability;
(3) the number and percentage of English learners
in the programs and activities attaining English
language proficiency based on State English language
proficiency standards established under section
1111(b)(1)(F) by the end of each school year, as
determined by the State's English language proficiency
assessment under section 1111(b)(2)(G);
(4) the number and percentage of English learners
who exit the language instruction educational programs
based on their attainment of English language
proficiency;
(5) the number and percentage of English learners
meeting challenging State academic standards described
in section 1111(b)(1) for each of the 2 years after
such children are no longer receiving services under
this part, including disaggregated, at a minimum, by--
(A) long-term English learners; and
(B) English learners with a disability;
(6) the number and percentage of English learners
who have not attained English language proficiency
within 5 years of initial classification as an English
learner; and
(7) any other information as the State educational
agency may require.
(b) Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State
educational agency for improvement or programs and activities
under this part.
(c) Special Rule for Specially Qualified Agencies.--Each
specially qualified agency receiving a grant under this part
shall provide the reports described in subsection (a) to the
Secretary subject to the same requirements as apply to eligible
entities providing such evaluations to State educational
agencies under such subsection.
[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.
[(a) Achievement Objectives.--
[(1) In general.--Each State educational agency or
specially qualified agency receiving a grant under
subpart 1 shall develop annual measurable achievement
objectives for limited English proficient children
served under this part that relate to such children's
development and attainment of English proficiency while
meeting challenging State academic content and student
academic achievement standards as required by section
1111(b)(1).
[(2) Development of objectives.--Such annual
measurable achievement objectives shall be developed in
a manner that--
[(A) reflects the amount of time an
individual child has been enrolled in a
language instruction educational program; and
[(B) uses consistent methods and
measurements to reflect the increases described
in subparagraphs (A)(i), (A)(ii), and (B) of
paragraph (3).
[(3) Contents.--Such annual measurable achievement
objectives--
[(A) shall include--
[(i) at a minimum, annual increases
in the number or percentage of children
making progress in learning English;
[(ii) at a minimum, annual
increases in the number or percentage
of children attaining English
proficiency by the end of each school
year, as determined by a valid and
reliable assessment of English
proficiency consistent with section
1111(b)(7); and
[(iii) making adequate yearly
progress for limited English proficient
children as described in section
1111(b)(2)(B); and
[(B) at the discretion of the agency, may
include the number or percentage of children
not receiving waivers for reading or language
arts assessments under section 1111(b)(3)(C),
but this achievement objective shall not be
applied to an eligible entity that, in a given
school year--
[(i) has experienced a large
increase in limited English proficient
children or immigrant children and
youth;
[(ii) enrolls a statistically
significant number of immigrant
children and youth from countries where
such children and youth had little or
no access to formal education; or
[(iii) has a statistically
significant number of immigrant
children and youth who have fled from
war or natural disaster.
[(b) Accountability.--
[(1) For states.--Each State educational agency
receiving a grant under subpart 1 shall hold eligible
entities receiving a subgrant under such subpart
accountable for meeting the annual measurable
achievement objectives under subsection (a), including
making adequate yearly progress for limited English
proficient children.
[(2) Improvement plan.--If a State educational
agency determines, based on the annual measurable
achievement objectives described in subsection (a),
that an eligible entity has failed to make progress
toward meeting such objectives for 2 consecutive years,
the agency shall require the entity to develop an
improvement plan that will ensure that the entity meets
such objectives. The improvement plan shall
specifically address the factors that prevented the
entity from achieving such objectives.
[(3) Technical assistance.--During the development
of the improvement plan described in paragraph (2), and
throughout its implementation, the State educational
agency shall--
[(A) provide technical assistance to the
eligible entity;
[(B) provide technical assistance, if
applicable, to schools served by such entity
under subpart 1 that need assistance to enable
the schools to meet the annual measurable
achievement objectives described in subsection
(a);
[(C) develop, in consultation with the
entity, professional development strategies and
activities, based on scientifically based
research, that the agency will use to meet such
objectives;
[(D) require such entity to utilize such
strategies and activities; and
[(E) develop, in consultation with the
entity, a plan to incorporate strategies and
methodologies, based on scientifically based
research, to improve the specific program or
method of instruction provided to limited
English proficient children.
[(4) Accountability.--If a State educational agency
determines that an eligible entity has failed to meet
the annual measurable achievement objectives described
in subsection (a) for 4 consecutive years, the agency
shall--
[(A) require such entity to modify the
entity's curriculum, program, and method of
instruction; or
[(B)(i) make a determination whether the
entity shall continue to receive funds related
to the entity's failure to meet such
objectives; and
[(ii) require such entity to replace
educational personnel relevant to the entity's
failure to meet such objectives.
[(c) Special Rule for Specially Qualified Agencies.--The
Secretary shall hold specially qualified agencies receiving a
grant under this subpart accountable for meeting the annual
measurable achievement objectives described in subsection (a)
in the same manner as State educational agencies hold eligible
entities accountable under subsection (b).]
SEC. [3123]3122. REPORTING REQUIREMENTS.
(a) States.--Based upon the [evaluations]reports provided
to a State educational agency under section 3121, each such
agency that receives a grant under this part shall prepare and
submit every second year to the Secretary a report on programs
and activities carried out by the State educational agency
under this part and the effectiveness of such programs and
activities in improving the education provided to [children who
are limited English proficient]English learners.
(b) Secretary.--Every second year, the Secretary shall
prepare and 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 a report--
(1) on programs and activities carried out to serve
[limited English proficient children]English learners
under this part, and the effectiveness of such programs
and activities in improving the academic achievement
and English proficiency of [children who are limited
English proficient]English learners;
* * * * * * *
(4) containing a description of technical
assistance and other assistance provided by State
educational agencies under [section
3111(b)(2)(C)]section 3111(b)(2)(D);
* * * * * * *
(6) containing the [major findings of
scientifically based research carried out under this
part]findings of the evaluation related to English
learners carried out under section 9601;
* * * * * * *
(8) containing the number [of limited English
proficient children]of English learners served by
eligible entities receiving funding under this part who
were transitioned out of language instruction
educational programs funded under this part [into
classrooms where instruction is not tailored for
limited English proficient children]; and
(9) containing other information gathered from the
evaluations from specially qualified agencies and other
reports submitted to the Secretary under this
[title]part when applicable.
SEC. [3124]3123. COORDINATION WITH RELATED PROGRAMS.
In order to maximize Federal efforts aimed at serving the
educational needs of [children of limited English
proficiency]English learners, the Secretary shall coordinate
and ensure close cooperation with other entities carrying out
programs serving language-minority and [limited English
proficient children]English learners that are administered by
the Department and other agencies.
SEC. [3125]3124. RULES OF CONSTRUCTION.
Nothing in this part shall be construed--
(1) to prohibit a local educational agency from
serving [limited English proficient children]English
learners simultaneously with children with similar
educational needs, in the same educational settings
where appropriate;
(2) to require a State or a local educational
agency to establish, continue, or eliminate any
particular type of instructional program for [limited
English proficient children]English learners; or
(3) * * *
* * * * * * *
SEC. [3126]3125. LEGAL AUTHORITY UNDER STATE LAW.
* * *
SEC. [3127]3126. CIVIL RIGHTS.
* * *
SEC. [3128]3127. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
* * *
SEC. [3129]3128. PROHIBITION.
In carrying out this part, the Secretary shall neither
mandate nor preclude the use of a particular curricular or
pedagogical approach to educating [limited English proficient
children]English learners.
Subpart 3--National Activities
[SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
[The Secretary shall use funds made available under
section 3111(c)(1)(C) to award grants on a competitive basis,
for a period of not more than 5 years, to institutions of
higher education (in consortia with State educational agencies
or local educational agencies) to provide for professional
development activities that will improve classroom instruction
for limited English proficient children and assist educational
personnel working with such children to meet high professional
standards, including standards for certification and licensure
as teachers who work in language instruction educational
programs or serve limited English proficient children. Grants
awarded under this subsection may be used--
[(1) for preservice professional development
programs that will assist local schools and
institutions of higher education to upgrade the
qualifications and skills of educational personnel who
are not certified or licensed, especially educational
paraprofessionals;
[(2) for the development of curricula appropriate
to the needs of the consortia participants involved;
and
[(3) in conjunction with other Federal need-based
student financial assistance programs, for financial
assistance, and costs related to tuition, fees, and
books for enrolling in courses required to complete the
degree involved, to meet certification or licensing
requirements for teachers who work in language
instruction educational programs or serve limited
English proficient children.]
SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
The Secretary shall use funds made available under section
3111(c)(1)(C) to award grants on a competitive basis, for a
period of not more than 5 years, to institutions of higher
education or public or private entities with relevant
experience and capacity (in consortia with State educational
agencies or local educational agencies) to provide for
professional development, capacity building, or evidence-based
activities that will improve classroom instruction for English
learners and assist educational personnel working with such
children to meet high professional standards, including
standards for certification and licensure as teachers who work
in language instruction educational programs or serve English
learners. Grants awarded under this section may be used--
(1) for preservice or inservice effective
professional development programs that will assist
local schools and may assist institutions of higher
education to upgrade the qualifications and skills of
educational personnel who are not certified or
licensed, especially educational paraprofessionals, and
for other activities to increase teacher and school
leader effectiveness;
(2) for the development of curricula or other
instructional strategies appropriate to the needs of
the consortia participants involved;
(3) to support strategies that strengthen and
increase parent, family, and community member
engagement in the education of English learners;
(4) to develop, share, and disseminate effective
practices in the instruction of English learners and in
increasing the student academic achievement of English
learners, such as through the use of technology-based
programs;
(5) in conjunction with other Federal need-based
student financial assistance programs, for financial
assistance, and costs related to tuition, fees, and
books for enrolling in courses required to complete the
degree involved, to meet certification or licensing
requirements for teachers who work in language
instruction educational programs or serve English
learners; and
(6) as appropriate, to support strategies that
promote school readiness of English learners and their
transition from early childhood education programs,
such as Head Start or State-run preschool programs to
elementary school programs.
Subpart 4--Definitions
[SEC. 3141. ELIGIBLE ENTITY.
[In this part, the term ``eligible entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies, in
collaboration with an institution of higher education,
community-based organization, or State educational
agency.]
SEC. 3141. DEFINITIONS.
In this part--
(1) the term ``eligible entity'' means--
(A) one or more local educational agencies;
or
(B) one or more local educational agencies,
in collaboration with an institution of higher
education, educational service agency,
community-based organization, or a State
educational agency;
(2) the term ``English Learner with a disability''
means an English learner who is also a ``child with a
disability,'' as that term is defined in section 602 of
the Individuals with Disabilities Education Act; and
(3) the term ``long-term English learner'' means an
English learner who has attended schools in the United
States for not less than 5 years and who has not yet
been exited from English learner status by the
culmination of the fifth year of services.
[PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS]
[SEC. 3201. SHORT TITLE.
This part may be cited as the ``Improving Language
Instruction Educational Programs For Academic Achievement
Act''.]
[SEC. 3202. PURPOSE.
[The purpose of this part is to help ensure that limited
English proficient children master English and meet the same
rigorous standards for academic achievement as all children are
expected to meet, including meeting challenging State academic
content and student academic achievement standards by--
[(1) promoting systemic improvement and reform of,
and developing accountability systems for, educational
programs serving limited English proficient children;
[(2) developing language skills and multicultural
understanding;
[(3) developing the English proficiency of limited
English proficient children and, to the extent
possible, the native language skills of such children;
[(4) providing similar assistance to Native
Americans with certain modifications relative to the
unique status of Native American languages under
Federal law;
[(5) developing data collection and dissemination,
research, materials, and technical assistance that are
focused on school improvement for limited English
proficient children; and
[(6) developing programs that strengthen and
improve the professional training of educational
personnel who work with limited English proficient
children.]
[SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.
[(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary
schools, secondary schools, and postsecondary schools operated
predominately for Native American (including Alaska Native)
children and youth, an Indian tribe, a tribally sanctioned
educational authority, a Native Hawaiian or Native American
Pacific Islander native language education organization, or an
elementary school or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency.
[(b) Application.--Notwithstanding any other provision of
this part, each tribe, authority, organization, or school
described in subsection (a) shall submit any application for
assistance under this part directly to the Secretary along with
timely comments on the need for the program proposed in the
application.]
[SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.
[For the purpose of carrying out programs under this part
in the outlying areas, the term ``local educational agency''
includes public institutions or agencies whose mission is the
preservation and maintenance of native languages.]
[Subpart 1--Program Development and Enhancement]
[SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL
PROGRAMS.
[The purpose of this subpart is to assist local
educational agencies, institutions of higher education, and
community-based organizations, through the grants authorized
under sections 3212 and 3213--
[(1) to develop and enhance their capacity to
provide high-quality instruction through language
instruction educational programs or special alternative
instruction programs to limited English proficient
children; and
[(2) to help such children--
[(A) develop English proficiency and, to
the extent possible, proficiency in their
native language; and
[(B) meet the same challenging State
academic content and student academic
achievement standards as all children are
expected to meet under section 1111(b)(1).]
[SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.
[(a) Program Authorized.--
[(1) Authority.--
[(A) In general.--The Secretary is
authorized to award grants to eligible entities
having applications approved under section 3214
to enable such entities to provide innovative,
locally designed, high-quality instruction to
limited English proficient children, by
expanding, developing, or strengthening
language instruction educational programs or
special alternative instruction programs.
[(B) Period.--Each grant awarded under this
section shall be awarded for a period of 3
years.
[(2) Authorized activities.--
[(A) Mandatory activities.--Grants awarded
under this section shall be used for--
[(i) developing, implementing,
expanding, or enhancing comprehensive
preschool, elementary, or secondary
education programs for limited English
proficient children, that are--
[(I) aligned with State and
local academic content and
student academic achievement
standards, and local school
reform efforts; and
[(II) coordinated with
related academic services for
children;
[(ii) providing high-quality
professional development to classroom
teachers, administrators, and other
school or community-based organization
personnel to improve the instruction
and assessment of limited English
proficient children; and
[(iii) annually assessing the
English proficiency of all limited
English proficient children served by
activities carried out under this
section.
[(B) Permissible activities.--Grants
awarded under this section may be used for--
[(i) implementing programs to
upgrade the reading and other academic
skills of limited English proficient
children;
[(ii) developing accountability
systems to monitor the academic
progress of limited English proficient
and formerly limited English proficient
children;
[(iii) implementing family
education programs and parent outreach
and training activities designed to
assist parents to become active
participants in the education of their
children;
[(iv) improving the instruction
programs for limited English proficient
children by identifying, acquiring, and
applying effective curricula,
instruction materials (including
materials provided through technology),
and assessments that are all aligned
with State and local standards;
[(v) providing intensified
instruction, including tutorials and
academic, or vocational and technical,
training, for limited English
proficient children;
[(vi) adapting best practice models
for meeting the needs of limited
English proficient children;
[(vii) assisting limited English
proficient children with disabilities;
[(viii) implementing applied
learning activities such as service
learning to enhance and support
comprehensive elementary and secondary
language instruction educational
programs;
[(ix) acquiring or developing
education technology or instruction
materials for limited English
proficient children, including
materials in languages other than
English;
[(x) participating in electronic
networks for materials, training, and
communication, and incorporating
information derived from such
participation in curricula and
programs; and
[(xi) carrying out such other
activities related to the purpose of
this part as the Secretary may approve.
[(b) Priority.--In awarding grants under this section, the
Secretary may give priority to an entity that--
[(1) serves a school district--
[(A) that has a total district enrollment
that is less than 10,000 students; or
[(B) with a large percentage or number of
limited English proficient children; and
[(2) has limited or no experience in serving
limited English proficient children.
[(c) Eligible Entity.--In this section, the term ``eligible
entity'' means--
[(1) one or more local educational agencies;
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or State educational
agency; or
[(3) a community-based organization or an
institution of higher education that has an application
approved by the local educational agency to participate
in programs carried out under this subpart by enhancing
early childhood education or family education programs
or conducting instruction programs that supplement the
educational services provided by a local educational
agency.]
[SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.
[(a) Program Authorized.--
[(1) Authority.--The Secretary is authorized to
award grants to eligible entities having applications
approved under section 3214 to enable such entities to
develop and implement language instruction educational
programs, and improve, reform, or upgrade programs or
operations that serve significant percentages or
numbers of limited English proficient children.
[(2) Mandatory activities.--Grants awarded under
this section shall be used for--
[(A) improving instruction programs for
limited English proficient children by
acquiring and upgrading curricula and related
instruction materials;
[(B) aligning the activities carried out
under this section with State and local school
reform efforts;
[(C) providing training, aligned with State
and local standards, to school personnel and
participating community-based organization
personnel to improve the instruction and
assessment of limited English proficient
children;
[(D) developing and implementing plans,
coordinated with plans for programs carried out
under title II of the Higher Education Act of
1965 (where applicable), and title II of this
Act (where applicable), to recruit teachers
trained to serve limited English proficient
children;
[(E) implementing culturally and
linguistically appropriate family education
programs, or parent outreach and training
activities, that are designed to assist parents
of limited English proficient children to
become active participants in the education of
their children;
[(F) coordinating the activities carried
out under this section with other programs,
such as programs carried out under this title;
[(G) providing services to meet the full
range of the educational needs of limited
English proficient children;
[(H) annually assessing the English
proficiency of all limited English proficient
children served by the activities carried out
under this section; and
[(I) developing or improving accountability
systems to monitor the academic progress of
limited English proficient children.
[(3) Permissible activities.--Grants awarded under
this section may be used for--
[(A) implementing programs to upgrade
reading and other academic skills of limited
English proficient children;
[(B) developing and using educational
technology to improve learning, assessments,
and accountability to meet the needs of limited
English proficient children;
[(C) implementing scientifically based
research programs to meet the needs of limited
English proficient children;
[(D) providing tutorials and academic, or
vocational and technical, training for limited
English proficient children;
[(E) developing and implementing State and
local academic content and student academic
achievement standards for learning English as a
second language, as well as for learning other
languages;
[(F) developing and implementing programs
for limited English proficient children to meet
the needs of changing populations of such
children;
[(G) implementing policies to ensure that
limited English proficient children have access
to other education programs (other than
programs designed to address limited English
proficiency);
[(H) assisting limited English proficient
children with disabilities;
[(I) developing and implementing programs
to help children become proficient in English
and other languages;
[(J) acquiring or developing education
technology or instruction materials for limited
English proficient children, including
materials in languages other than English;
[(K) participating in electronic networks
for materials, training, and communication and
incorporating information derived from such
participation in curricula and programs; and
[(L) carrying out such other activities
related to the purpose of this part as the
Secretary may approve.
[(4) Special rule.--
[(A) Planning.--A recipient of a grant
under this section, before carrying out
activities under this section, shall plan,
train personnel, develop curricula, and acquire
or develop materials, but shall not use funds
made available under this section for planning
purposes for more than 45 days.
[(B) Commencement of activities.--The
recipient shall commence carrying out
activities under this section not later than
the later of--
[(i) the beginning of the first
school year that begins after the grant
is received; or
[(ii) 30 days after the date of
receipt of the grant.
[(b) Availability of Appropriations.--
[(1) Reservation of funds for continued payments.--
[(A) Covered grant.--In this paragraph, the
term ``covered grant'' means a grant--
[(i) that was awarded under section
7112, 7113, 7114, or 7115 (as such
sections were in effect on the day
before the date of enactment of the No
Child Left Behind Act of 2001); and
[(ii) for which the grant period
has not ended.
[(B) Reservation.--For any fiscal year that
is part of the grant period of a covered grant,
the Secretary shall reserve funds for the
payments described in subparagraph (C) from the
amount appropriated for the fiscal year under
section 3001(a) and made available for carrying
out this section.
[(C) Payments.--The Secretary shall
continue to make grant payments to each entity
that received a covered grant, in accordance
with the terms of that grant, for the duration
of the grant period of the grant, to carry out
activities in accordance with the appropriate
section described in subparagraph (A)(i).
[(2) Availability.--Of the amount appropriated for
a fiscal year under section 3001(a) that is made
available to carry out this section, and that remains
after the Secretary reserves funds for payments under
paragraph (1)--
[(A) not less than one-third of the
remainder shall be used to award grants to
eligible entities for activities carried out
within an entire school district; and
[(B) not less than two-thirds of the
remainder shall be used to award grants to
eligible entities for activities carried out
within individual schools.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to an applicant that--
[(1) experiences a significant increase in the
number or percentage of limited English proficient
children enrolled in the applicant's programs and has
limited or no experience in serving limited English
proficient children;
[(2) is a local educational agency that serves a
school district that has a total district enrollment
that is less than 10,000 students;
[(3) demonstrates that the applicant has a proven
track record of success in helping limited English
proficient children learn English and meet high
academic standards; or
[(4) serves a school district with a large number
or percentage of limited English proficient children.
[(d) Eligible Entities.--In this section, the term
``eligible entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies, in
collaboration with an institution of higher education,
community-based organization, or State educational
agency.]
[SEC. 3214. APPLICATIONS.
[(a) In General.--
[(1) Secretary.--To receive a grant under this
subpart, an eligible entity described in section 3212
or 3213 shall submit an application to the Secretary at
such time, in such form, and containing such
information as the Secretary may require.
[(2) State educational agency.--The eligible
entity, with the exception of schools funded by the
Bureau of Indian Affairs, shall submit a copy of the
application submitted by the entity under this section
to the State educational agency.
[(b) State Review and Comments.--
[(1) Deadline.--The State educational agency, not
later than 45 days after receipt of an application
under this section, shall review the application and
submit the written comments of the agency regarding the
application to the Secretary.
[(2) Comments.--
[(A) Submission of comments.--Regarding
applications submitted under this subpart, the
State educational agency shall--
[(i) submit to the Secretary
written comments regarding all such
applications; and
[(ii) submit to each eligible
entity the comments that pertain to
such entity.
[(B) Subject.--For purposes of this
subpart, such comments shall address--
[(i) how the activities to be
carried out under the grant will
further the academic achievement and
English proficiency of limited English
proficient children served under the
grant; and
[(ii) how the grant application is
consistent with the State plan required
under section 1111.
[(c) Eligible Entity Comments.--An eligible entity may
submit to the Secretary comments that address the comments
submitted by the State educational agency.
[(d) Comment Consideration.--In making grants under this
subpart, the Secretary shall take into consideration comments
made by State educational agencies.
[(e) Waiver.--Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement specified in
subsection (b) if a State educational agency can demonstrate
that such review requirement may impede such agency's ability
to fulfill the requirements of participation in the program
authorized in section 3224, particularly such agency's ability
to carry out data collection efforts and such agency's ability
to provide technical assistance to local educational agencies
not receiving funds under this subpart.
[(f) Required Documentation.--Such application shall
include documentation that--
[(1) the applicant has the qualified personnel
required to develop, administer, and implement the
program proposed in the application; and
[(2) the leadership personnel of each school
participating in the program have been involved in the
development and planning of the program in the school.
[(g) Contents.--
[(1) In general.--An application for a grant under
this subpart shall contain the following:
[(A) A description of the need for the
proposed program, including--
[(i) data on the number of limited
English proficient children in the
school or school district to be served;
[(ii) information on the
characteristics of the children,
including--
[(I) the native languages
of the children;
[(II) the proficiency of
the children in English and
their native language;
[(III) achievement data
(current as of the date of
submission of the application)
for the limited English
proficient children in--
[(aa) reading or
language arts (in
English and in the
native language, if
applicable); and
[(bb) mathematics;
[(IV) a comparison of that
data for the children with that
data for the English proficient
peers of the children; and
[(V) the previous schooling
experiences of the children;
[(iii) the professional development
needs of the instruction personnel who
will provide services for the limited
English proficient children under the
proposed program; and
[(iv) how the services provided
through the grant will supplement the
basic services provided to limited
English proficient children.
[(B) A description of the program to be
implemented and how such program's design--
[(i) relates to the linguistic and
academic needs of the limited English
proficient children to be served;
[(ii) will ensure that the services
provided through the program will
supplement the basic services the
applicant provides to limited English
proficient children;
[(iii) will ensure that the program
is coordinated with other programs
under this Act and other Acts;
[(iv) involves the parents of the
limited English proficient children to
be served;
[(v) ensures accountability in
achieving high academic standards; and
[(vi) promotes coordination of
services for the limited English
proficient children to be served and
their families.
[(C) A description, if appropriate, of the
applicant's collaborative activities with
institutions of higher education, community-
based organizations, local educational agencies
or State educational agencies, private schools,
nonprofit organizations, or businesses in
carrying out the proposed program.
[(D) An assurance that the applicant will
not reduce the level of State and local funds
that the applicant expends for language
instruction educational programs or special
alternative instruction programs if the
applicant receives an award under this subpart.
[(E) An assurance that the applicant will
employ teachers in the proposed program who,
individually or in combination, are proficient
in--
[(i) English, with respect to
written, as well as oral, communication
skills; and
[(ii) the native language of the
majority of the children who the
teachers teach, if instruction in the
program is in the native language as
well as English.
[(F) A budget for the grant funds.
[(2) Additional information.--Each application for
a grant under section 3213 shall--
[(A) describe--
[(i) current services (as of the
date of submission of the application)
the applicant provides to limited
English proficient children;
[(ii) what services limited English
proficient children will receive under
the grant that such children will not
otherwise receive;
[(iii) how funds received under
this subpart will be integrated with
all other Federal, State, local, and
private resources that may be used to
serve limited English proficient
children;
[(iv) specific achievement and
school retention goals for the children
to be served by the proposed program
and how progress toward achieving such
goals will be measured; and
[(v) the current family education
programs (as of the date of submission
of the application) of the eligible
entity, if applicable; and
[(B) provide assurances that--
[(i) the program funded with the
grant will be integrated with the
overall educational program of the
children served through the proposed
program; and
[(ii) the application has been
developed in consultation with parents
and other representatives of the
children to be served in such program.
[(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary
determines that--
[(1) the program proposed in the application will
use qualified personnel, including personnel who are
proficient in the language or languages used for
instruction;
[(2) in designing the program, the eligible entity
has, after consultation with appropriate private school
officials--
[(A) taken into account the needs of
children in nonprofit private elementary
schools and secondary schools; and
[(B) in a manner consistent with the number
of such children enrolled in such schools in
the area to be served, whose educational needs
are of the type and whose language, and grade
levels are of a similar type to the needs,
language, and grade levels that the program is
intended to address, provided for the
participation of such children on a basis
comparable to the basis on which public school
children participate;
[(3)(A) student evaluation and assessment
procedures in the program are valid and reliable for
limited English proficient children; and
[(B) limited English proficient children with
disabilities will be identified and served through the
program in accordance with the requirements of the
Individuals with Disabilities Education Act;
[(4) Federal funds made available for the program
will be used to supplement the State and local funds
that, in the absence of such Federal funds, would be
expended for special programs for children of limited
English proficient individuals, and in no case to
supplant such State and local funds, except that
nothing in this paragraph shall be construed to
preclude a local educational agency from using funds
made available under this subpart--
[(A) for activities carried out under an
order of a Federal or State court respecting
services to be provided to such children; or
[(B) to carry out a plan approved by the
Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to
services to be provided to such children;
[(5)(A) the assistance provided through the grant
will contribute toward building the capacity of the
eligible entity to provide a program on a regular
basis, similar to the proposed program, that will be of
sufficient size, scope, and quality to promise
significant improvement in the education of limited
English proficient children; and
[(B) the eligible entity will have the resources
and commitment to continue the program of sufficient
size, scope, and quality when assistance under this
subpart is reduced or no longer available; and
[(6) the eligible entity will use State and
national dissemination sources for program design and
dissemination of results and products.
[(i) Consideration.--In determining whether to approve an
application under this subpart, the Secretary shall give
consideration to--
[(1) the degree to which the program for which
assistance is sought involves the collaborative efforts
of institutions of higher education, community-based
organizations, the appropriate local educational agency
and State educational agency, or businesses; and
[(2) whether the application provides for training
for personnel participating in, or preparing to
participate in, a program that will assist such
personnel in meeting State and local certification
requirements.]
[SEC. 3215. CAPACITY BUILDING.
[Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient's capacity to
continue to offer high-quality language instruction educational
programs and special alternative instruction programs to
limited English proficient children after Federal assistance is
reduced or eliminated.]
[SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
[Notwithstanding any other provision of this part, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and
children in the Commonwealth of Puerto Rico may include
programs of instruction, teacher training, curriculum
development, evaluation, and assessment designed for Native
American children learning and studying Native American
languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be
increased English proficiency among such children.]
[SEC. 3217. EVALUATIONS.
[(a) Evaluation.--Each recipient of funds under this
subpart for a program shall annually conduct an evaluation of
the program and submit to the Secretary a report concerning the
evaluation, in the form prescribed by the Secretary.
[(b) Use of Evaluation.--Such evaluation shall be used by
the grant recipient--
[(1) for program improvement;
[(2) to further define the program's goals and
objectives; and
[(3) to determine program effectiveness.
[(c) Evaluation Report Components.--In preparing the
evaluation reports, the recipient shall--
[(1) use the data provided in the application
submitted by the recipient under section 3214 as
baseline data against which to report academic
achievement and gains in English proficiency for
children in the program;
[(2) disaggregate the results of the evaluation by
gender, native languages spoken by children,
socioeconomic status, and whether the children have
disabilities;
[(3) include data on the progress of the recipient
in achieving the objectives of the program, including
data demonstrating the extent to which children served
by the program are meeting the challenging State
academic content and student academic achievement
standards, and including data comparing limited English
proficient children with English proficient children
with regard to school retention and academic
achievement concerning--
[(A) reading and language arts;
[(B) English proficiency;
[(C) mathematics; and
[(D) the native language of the children,
if the program develops native language
proficiency;
[(4) include information on the extent that
professional development activities carried out through
the program have resulted in improved classroom
practices and improved student academic achievement;
[lude adescription of how the activities carried
out through the program are coordinated and integrated
with the other Federal, State, or local programs
serving limited English proficient children; and
[(6) include such other information as the
Secretary may require.]
[SEC. 3218. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
local educational agency from serving limited English
proficient children simultaneously with children with similar
educational needs, in the same educational settings where
appropriate.]
[Subpart 2--Research, Evaluation, and Dissemination]
[SEC. 3221. AUTHORITY.
[(a) In General.--The Secretary is authorized to conduct
data collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of this
subpart for the purpose of improving language instruction
educational programs and special alternative instruction
programs for limited English proficient children.
[(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts, and cooperative
agreements awarded to institutions of higher education,
nonprofit organizations, State educational agencies, and local
educational agencies.
[(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient Students.]
[SEC. 3222. RESEARCH.
[(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Institute of
Education Sciences in coordination and collaboration with the
Office of English Language Acquisition, Language Enhancement,
and Academic Achievement for Limited English Proficient
Students.
[(b) Requirements.--Such research activities--
[(1) shall have a practical application to
teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in
improving the education of limited English proficient
children and their families;
[(2) may include research on effective instruction
practices for multilingual classes, and on effective
instruction strategies to be used by a teacher or other
staff member who does not know the native language of a
limited English proficient child in the teacher's or
staff member's classroom;
[(3) may include establishing (through the National
Center for Education Statistics in consultation with
experts in second language acquisition and
scientifically based research on teaching limited
English proficient children) a common definition of
``limited English proficient child'' for purposes of
national data collection; and
[(4) shall be administered by individuals with
expertise in second language acquisition,
scientifically based research on teaching limited
English proficient children, and the needs of limited
English proficient children and their families.
[(c) Field-Initiated Research.--
[(1) In general.--The Secretary shall reserve not
less than 5 percent of the funds made available to
carry out this section for field-initiated research
conducted by recipients of grants under subpart 1 or
this subpart who have received such grants within the
previous 5 years. Such research may provide for
longitudinal studies of limited English proficient
children or teachers who serve such children,
monitoring the education of such children from entry
into language instruction educational programs through
secondary school completion.
[(2) Applications.--An applicant for assistance
under this subsection may submit an application for
such assistance to the Secretary at the same time as
the applicant submits another application under subpart
1 or this subpart. The Secretary shall complete a
review of such applications on a timely basis to allow
the activities carried out under research and program
grants to be coordinated when recipients are awarded
two or more of such grants.
[(d) Consultation.--The Secretary shall consult with
agencies, organizations, and individuals that are engaged in
research and practice on the education of limited English
proficient children, language instruction educational programs,
or related research, to identify areas of study and activities
to be funded under this section.
[(e) Data Collection.--The Secretary shall provide for the
collection of data on limited English proficient children as
part of the data systems operated by the Department.]
[SEC. 3223. ACADEMIC EXCELLENCE AWARDS.
[(a) Authority.--The Secretary may make grants to State
educational agencies to assist the agencies in recognizing
local educational agencies and other public and nonprofit
entities whose programs have--
[(1) demonstrated significant progress in assisting
limited English proficient children to learn English
according to age appropriate and developmentally
appropriate standards; and
[(2) demonstrated significant progress in assisting
limited English proficient children to meet, according
to age appropriate and developmentally appropriate
standards, the same challenging State academic content
and student academic achievement standards as all
children are expected to meet.
[(b) Applications.--A State educational agency desiring a
grant under this section shall include an application for such
grant in the application submitted by the agency under section
3224(e).]
[SEC. 3224. STATE GRANT PROGRAM.
[(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that demonstrates,
to the satisfaction of the Secretary, that such agency, through
such agency's programs and other Federal education programs,
effectively provides for the education of limited English
proficient children within the State.
[(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not exceed 5 percent of the
total amount awarded to local educational agencies and entities
within the State under subpart 1 for the previous fiscal year,
except that in no case shall the amount paid by the Secretary
to any State educational agency under this subsection for any
fiscal year be less than $100,000.
[(c) Use of Funds.--
[(1) In general.--A State educational agency shall
use funds awarded under this section--
[(A) to assist local educational agencies
in the State with activities that--
[(i) consist of program design,
capacity building, assessment of
student academic achievement, program
evaluation, and development of data
collection and accountability systems
for limited English proficient
children; and
[(ii) are aligned with State reform
efforts; and
[(B) to collect data on the State's limited
English proficient populations and document the
services available to all such populations.
[(2) Training.--The State educational agency may
also use funds provided under this section for the
training of State educational agency personnel in
educational issues affecting limited English proficient
children.
[(3) Special rule.--Recipients of funds under this
section shall not restrict the provision of services
under this section to federally funded programs.
[(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this subpart and other individuals
or organizations involved in the development or operation of
programs serving limited English proficient children to ensure
that such funds are used in a manner consistent with the
requirements of this subpart.
[(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Secretary may require.
[(f) Supplement, Not Supplant.--Federal funds made
available under this section for any fiscal year shall be used
by the State educational agency to supplement and, to the
extent practical, to increase the State funds that, in the
absence of such Federal funds, would be made available for the
purposes described in this section, and in no case to supplant
such State funds.
[(g) Report to the Secretary.--A State educational agency
receiving an award under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of the funds made available through
the award.]
[SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.
[(a) In General.--The Secretary may make grants for the
development, publication, and dissemination of high-quality
instruction materials--
[(1) in Native American languages (including Native
Hawaiian languages and the language of Native American
Pacific Islanders), and the language of natives of the
outlying areas, for which instruction materials are not
readily available; and
[(2) in other low-incidence languages in the United
States for which instruction materials are not readily
available.
[(b) Priority.--In making the grants, the Secretary shall
give priority to applicants for the grants who propose--
[(1) to develop instruction materials in languages
indigenous to the United States or the outlying areas;
and
[(2) to develop and evaluate materials, in
collaboration with entities carrying out activities
assisted under subpart 1 and this subpart, that are
consistent with challenging State academic content and
student academic achievement standards.]
[Subpart 3--Professional Development]
[SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.
[(a) Purpose.--The purpose of this section is to provide
assistance to prepare educators to improve educational services
for limited English proficient children by--
[(1) supporting professional development programs
and activities to prepare teachers, pupil service
personnel, administrators, and other educational
personnel working in language instruction educational
programs to provide effective services to limited
English proficient children;
[(2) incorporating curricula and resources
concerning appropriate and effective instruction and
assessment methodologies specific to limited English
proficient children into preservice and inservice
professional development programs;
[(3) upgrading the qualifications and skills of
non-certified educational personnel, including
paraprofessionals, to enable such personnel to meet
high professional standards for educating limited
English proficient children;
[(4) improving the quality of professional
development programs in schools or departments of
education at institutions of higher education, for
educational personnel serving, or preparing to serve,
limited English proficient children; and
[(5) supporting the recruitment and training of
prospective educational personnel to serve limited
English proficient children by providing fellowships
for undergraduate, graduate, doctoral, and post-
doctoral study related to the instruction of such
children.
[(b) Authorization.--
[(1) In general.--The Secretary is authorized to
award grants under this section to--
[(A) State educational agencies;
[(B) local educational agencies;
[(C) institutions of higher education; or
[(D) consortia of one or more local
educational agencies, State educational
agencies, institutions of higher education,
for-profit organizations, or nonprofit
organizations.
[(2) Duration.--Each grant awarded under this
section shall be awarded for a period of not more than
4 years.
[(c) Authorized Activities.--Grants awarded under this
section shall be used to conduct high-quality professional
development programs and effective activities to improve the
quality of instruction and services provided to limited English
proficient children, including--
[(1) implementing preservice and inservice
professional development programs for teachers who
serve limited English proficient children,
administrators, and other educational personnel who are
preparing to provide educational services for limited
English proficient children, including professional
development programs that assist limited English
proficient children to attain English proficiency;
[(2) implementing school-based collaborative
efforts among teachers to improve instruction in core
academic subjects, especially reading, for limited
English proficient children;
[(3) developing and implementing programs to assist
beginning teachers who serve limited English proficient
children with transitioning to the teaching profession,
including programs that provide mentoring and team
teaching with trained and experienced teachers;
[(4) implementing programs that support effective
teacher use of education technologies to improve
instruction and assessment;
[(5) developing curricular materials and
assessments for teachers that are appropriate to the
needs of limited English proficient children, and that
are aligned with challenging State academic content and
student academic achievement standards, including
materials and assessments that ensure limited English
proficient children attain English proficiency;
[(6) integrating and coordinating activities with
entities carrying out other programs consistent with
the purpose of this section and supported under this
Act, or other Acts as appropriate;
[(7) developing and implementing career ladder
programs to upgrade the qualifications and skills of
non-certified educational personnel working in, or
preparing to work in, language instruction educational
programs to enable such personnel to meet high
professional standards, including standards for
certification and licensure as teachers;
[(8) developing and implementing activities to help
recruit and train secondary school students as teachers
who serve limited English proficient children;
[(9) providing fellowships and assistance for costs
related to enrollment in a course of study at an
institution of higher education that addresses the
instruction of limited English proficient children in
such areas as teacher training, program administration,
research, evaluation, and curriculum development, and
for the support of dissertation research related to
such study, except that any person receiving such a
fellowship or assistance shall agree to--
[(A) work in an activity related to
improving the educational services for limited
English proficient children authorized under
this subpart, including work as a teacher that
serves limited English proficient children, for
a period of time equivalent to the period of
time during which such person receives
assistance under this paragraph; or
[(B) repay such assistance; and
[(10) carrying out such other activities as are
consistent with the purpose of this section.
[(d) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) Contents.--Each application shall--
[(A) describe the programs and activities
proposed to be developed, implemented, and
administered under the award;
[(B) describe how the applicant has
consulted with, and assessed the needs of,
public and private schools serving limited
English proficient children to determine such
schools' need for, and the design of, the
program for which funds are sought; and
[(C) describe how the programs and
activities to be carried out under the award
will be used to ensure that limited English
proficient children meet challenging State
academic content and student academic
achievement standards and attain English
proficiency.
[(3) Special rule.--An eligible entity that
proposes to conduct a master's-level or doctoral-level
program with funds received under this section shall
include in the entity's application an assurance that
such program will include a training practicum in a
local elementary school or secondary school program
serving limited English proficient children.
[(4) Outreach and technical assistance.--The
Secretary shall provide for outreach and technical
assistance to institutions of higher education eligible
for assistance under title III of the Higher Education
Act of 1965, and institutions of higher education that
are operated or funded by the Bureau of Indian Affairs,
to facilitate the participation of such institutions in
programs and activities under this section.
[(5) Distribution rule.--In making awards under
this section, the Secretary shall ensure adequate
representation of Hispanic-serving institutions that
demonstrate competence and experience in carrying out
the programs and activities authorized under this
section and that are otherwise qualified.
[(e) Priorities in Awarding Grants.--
[(1) Grants to agencies.--In awarding grants to
State educational agencies and local educational
agencies under this section, the Secretary shall give
priority to agencies that propose programs and
activities designed to implement professional
development programs for teachers and educational
personnel who are providing or preparing to provide
educational services for limited English proficient
children, including services provided through language
instruction educational programs, that ensure such
children attain English proficiency and meet
challenging State academic content and student academic
achievement standards.
[(2) Grants to institutions of higher education.--
In awarding grants to institutions of higher education
under this section, the Secretary shall give priority
to institutions that propose programs and activities to
recruit and upgrade the qualifications and skills of
certified and non-certified educational personnel by
offering degree programs that prepare beginning
teachers to serve limited English proficient children.
[(f) Program Evaluations.--Each recipient of an award under
this section for a program or activity shall annually conduct
an independent evaluation of the program or activity and submit
to the Secretary a report containing such evaluation. Such
report shall include information on--
[(1) the program or activity conducted by the
recipient to provide high-quality professional
development to participants in such program or
activity;
[(2) the number of participants served through the
program or activity, the number of participants who
completed the requirements of the program or activity,
and the number of participants who took positions in an
instruction setting with limited English proficient
children;
[(3) the effectiveness of the program or activity
in imparting the professional skills necessary for
participants to achieve the objectives of the program
or activity; and
[(4) the teaching effectiveness of graduates of the
program or activity or other participants who have
completed the program or activity.]
[Subpart 4--Emergency Immigrant Education Program]
[SEC. 3241. PURPOSE.
[The purpose of this subpart is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration--
[(1) to provide high-quality instruction to
immigrant children and youth; and
[(2) to help such children and youth--
[(A) with their transition into American
society; and
[(B) meet the same challenging State
academic content and student academic
achievement standards as all children are
expected to meet.]
[SEC. 3242. STATE ADMINISTRATIVE COSTS.
[For any fiscal year, a State educational agency may
reserve not more than 1.5 percent (2 percent if the State
educational agency distributes funds received under this
subpart to local educational agencies on a competitive basis)
of the amount allotted to such agency under section 3244 to pay
the costs of performing such agency's administrative functions
under this subpart.]
[SEC. 3243. WITHHOLDING.
[Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational agency,
finds that there is a failure to comply with a requirement of
any provision of this subpart, the Secretary shall notify that
agency that further payments will not be made to the agency
under this subpart or, in the discretion of the Secretary, that
the State educational agency shall not make further payments
under this subpart to specified local educational agencies
whose actions cause or are involved in such failure until the
Secretary is satisfied that there is no longer any such failure
to comply. Until the Secretary is so satisfied, no further
payments shall be made to the State educational agency under
this subpart, or payments by the State educational agency under
this subpart shall be limited to local educational agencies
whose actions did not cause or were not involved in the
failure, as the case may be.]
[SEC. 3244. STATE ALLOTMENTS.
[(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 2002 through 2008 for the
purpose set forth in section 3241.
[(b) Allotments.--
[(1) In general.--Except as provided in subsections
(c) and (d), of the amount appropriated for each fiscal
year for this subpart, each State participating in the
program assisted under this subpart shall receive an
allotment equal to the proportion of the number of
immigrant children and youth who are enrolled in public
elementary schools or secondary schools under the
jurisdiction of each local educational agency described
in paragraph (2), and in nonpublic elementary schools
or secondary schools within the district served by each
such local educational agency within such State,
relative to the total number of immigrant children and
youth so enrolled in all the States participating in
the program assisted under this subpart.
[(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is a
local educational agency for which the sum of the
number of immigrant children and youth who are enrolled
in public elementary schools or secondary schools under
the jurisdiction of such agency, and in nonpublic
elementary schools or secondary schools within the
district served by such agency, during the fiscal year
for which the payments are to be made under this
subpart, is equal to at least--
[(A) 500; or
[(B) 3 percent of the total number of
children enrolled in such public or nonpublic
schools during such fiscal year,
whichever is less.
[(c) Determinations of Number of Children and Youth.--
[(1) In general.--Determinations by the Secretary
under this section for any period with respect to the
number of immigrant children and youth shall be made on
the basis of data or estimates provided to the
Secretary by each State educational agency in
accordance with criteria established by the Secretary,
unless the Secretary determines, after notice and
opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
[(2) Special rule.--No such determination with
respect to the number of immigrant children and youth
shall operate because of an underestimate or
overestimate to deprive any State educational agency of
the allotment under this section that such State would
otherwise have received had such determination been
made on the basis of accurate data.
[(d) Reallotment.--
[(1) In general.--Whenever the Secretary determines
that any amount of a payment made to a State under this
subpart for a fiscal year will not be used by such
State for carrying out the purpose for which the
payment was made, the Secretary shall make such amount
available for carrying out such purpose to one or more
other States to the extent the Secretary determines
that such other States will be able to use such
additional amount for carrying out such purpose.
[(2) Fiscal year.--Any amount made available to a
State from any appropriation for a fiscal year in
accordance with paragraph (1) shall, for purposes of
this subpart, be regarded as part of such State's
payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
[(e) Reservation of Funds.--
[(1) In general.--Notwithstanding any other
provision of this subpart, if the amount appropriated
to carry out this subpart exceeds $50,000,000 for a
fiscal year, a State educational agency may reserve not
more than 20 percent of such agency's payment under
this subpart for such year to award grants, on a
competitive basis, to local educational agencies within
the State as follows:
[(A) Agencies with immigrant children and
youth.--At least \1/2\ of the funds reserved
under this paragraph shall be made available to
eligible local educational agencies (as
described in subsection (b)(2)) within the
State with the highest numbers and percentages
of immigrant children and youth.
[(B) Agencies with a sudden influx of
children and youth.--Funds reserved under this
paragraph and not made available under
subparagraph (A) may be distributed to local
educational agencies within the State that are
experiencing a sudden influx of immigrant
children and youth and that are otherwise not
eligible for assistance under this subpart.
[(2) Use of grant funds.--Each local educational
agency receiving a grant under paragraph (1) shall use
such grant funds to carry out the activities described
in section 3247.
[(3) Information.--Local educational agencies
receiving funds under paragraph (1) with the highest
number of immigrant children and youth may make
information available on serving immigrant children and
youth to local educational agencies in the State with
sparse numbers of such children and youth.]
[SEC. 3245. STATE APPLICATIONS.
[(a) Submission.--No State educational agency shall receive
any payment under this subpart for any fiscal year unless such
agency submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such information,
as the Secretary may reasonably require. Each such application
shall--
[(1) provide that the educational programs,
services, and activities for which payments under this
subpart are made will be administered by or under the
supervision of the agency;
[(2) provide assurances that payments under this
subpart will be used for purposes set forth in sections
3241 and 3247, including a description of how local
educational agencies receiving funds under this subpart
will use such funds to meet such purposes and will
coordinate with entities carrying out other programs
and activities assisted under this Act, and other Acts
as appropriate;
[(3) provide an assurance that local educational
agencies receiving funds under this subpart will
coordinate the use of such funds with entities carrying
out programs and activities assisted under part A of
title I;
[(4) provide assurances that such payments, with
the exception of payments reserved under section
3244(e), will be distributed among local educational
agencies within that State on the basis of the number
of immigrant children and youth counted with respect to
each such local educational agency under section
3244(b)(1);
[(5) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this subpart
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;
[(6) provide for making such reports as the
Secretary may reasonably require to perform the
Secretary's functions under this subpart;
[(7) provide assurances--
[(A) that to the extent consistent with the
number of immigrant children and youth enrolled
in the nonpublic elementary schools or
secondary schools within the district served by
a local educational agency, such agency, after
consultation with appropriate officials of such
schools, shall provide for the benefit of such
children and youth secular, neutral, and
nonideological services, materials, and
equipment necessary for the education of such
children and youth;
[(B) that the control of funds provided
under this subpart for any materials or
equipment, or property repaired, remodeled, or
constructed with those funds shall be in a
public agency for the uses and purpose provided
in this subpart, and a public agency shall
administer such funds and property; and
[(C) that the provision of services
pursuant to this paragraph shall be provided by
employees of a public agency or through
contract by such public agency with a person,
association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary school
or secondary school and of any religious
organization, and such employment or contract
shall be under the control and supervision of
such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds;
[(8) provide that funds reserved under section
3244(e) be awarded on a competitive basis based on
merit and need in accordance with such section; and
[(9) provide an assurance that the State
educational agency and local educational agencies in
the State receiving funds under this subpart will
comply with the requirements of section 1120(b).
[(b) Application Review.--
[(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by
State educational agencies.
[(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency
that meets the requirements of this section.
[(3) Disapproval.--The Secretary shall disapprove
any application submitted by a State educational agency
that does not meet the requirements of this section,
but shall not finally disapprove an application except
after providing reasonable notice, technical
assistance, and an opportunity for a hearing to the
State educational agency.]
[SEC. 3246. ADMINISTRATIVE PROVISIONS.
[(a) Notification of Amount.--The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 3245 of the
amount of such agency's allotment under section 3244 for the
succeeding year.
[(b) Services to Immigrant Children and Youth Enrolled in
Nonpublic Schools.--If by reason of any provision of law a
local educational agency is prohibited from providing
educational services for immigrant children and youth enrolled
in nonpublic elementary schools and secondary schools, as
required by section 3245(a)(7), or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable
basis of such children and youth enrolled in such schools, the
Secretary may waive such requirement and shall arrange for the
provision of services, subject to the requirements of this
subpart, to such children and youth. Such waivers shall be
subject to consultation, withholding, notice, and judicial
review requirements in accordance with the provisions of title
I.]
[SEC. 3247. USES OF FUNDS.
[(a) Use of Funds.--Funds awarded under this subpart shall
be used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
[(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
[(2) support of personnel, including teacher aides
who have been specifically trained, or are being
trained, to provide services to immigrant children and
youth;
[(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
[(4) identification and acquisition of curricular
materials, educational software, and technologies;
[(5) the provision of basic instruction services
that are directly attributable to the presence in the
school district of immigrant children and youth,
including payment of costs of providing additional
classroom supplies, costs of transportation, or such
other costs as are directly attributable to such
additional basic instruction services; and
[(6) such other activities, related to the purpose
of this subpart, as the Secretary may authorize.
[(b) Consortia.--A local educational agency that receives a
grant under this subpart may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and nonprofit organizations to carry out a
program described in an application approved under this
subpart.
[(c) Subgrants.--A local educational agency that receives a
grant under this subpart may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a nonprofit organization,
or a consortium of such institutions or organizations to carry
out a program described in an application approved under this
subpart, including a program to serve out-of-school youth.
[(d) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
immigrant children and youth simultaneously with children and
youth with similar educational needs, in the same educational
settings where appropriate.]
[SEC. 3248. REPORTS.
[(a) Biennial Report.--Each State educational agency
receiving funds under this subpart shall submit, once every 2
years, a report to the Secretary concerning the expenditure of
funds by local educational agencies under this subpart. Each
local educational agency receiving funds under this subpart
shall submit to the State educational agency such information
as may be necessary for such report.
[(b) Report to Congress.--The Secretary shall submit, once
every 2 years, a report to the appropriate committees of
Congress concerning programs assisted under this subpart.]
[Subpart 5--Administration]
[SEC. 3251. RELEASE TIME.
[The Secretary shall allow entities carrying out
professional development programs funded under this part to use
funds provided under this part for professional release time to
enable individuals to participate in programs assisted under
this part.]
[SEC. 3252. NOTIFICATION.
[A State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days after the date an award under this part is made to
an eligible entity within the State.]
[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.
[(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient children that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General, and the heads
of other relevant agencies to identify and eliminate barriers
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office of English
Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students and
relevant programs operated by the Department, including
programs under this part and other programs under this Act, in
planning, contracts, providing joint technical assistance,
providing joint field monitoring activities and in other
relevant activities to ensure effective program coordination to
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
[(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient children.
[(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under this part.
[(d) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to the
Secretary, 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--
[(1) on programs and activities carried out to
serve limited English proficient children under this
part, and the effectiveness of such programs and
activities in improving the academic achievement and
English proficiency of children who are limited English
proficient;
[(2) containing a critical synthesis of data
reported by States under section 3224, when applicable;
[(3) containing an estimate of the number of
certified or licensed teachers working in language
instruction educational programs and educating limited
English proficient children, and an estimate of the
number of such teachers that will be needed for the
succeeding 5 fiscal years;
[(4) containing the major findings of
scientifically based research carried out under this
part; and
[(5) containing other information gathered from the
reports submitted to the Secretary under this title
when applicable.]
[PART C]PART B--GENERAL PROVISIONS]
SEC. [3301]3201. DEFINITIONS.
Except as otherwise provided, in this title:
(1) Child.--* * *
* * * * * * *
(5) Family education program.--The term ``family
education program'' means a language instruction
educational program or special alternative instruction
program that--
(A) is designed--
(i) to help [limited English
proficient]English learner adults and
out-of-school youths achieve English
proficiency; and
(ii) to provide instruction on how
parents and family members can
facilitate the educational achievement
of their children; and
[(B) when feasible, uses instructional
programs based on models developed under the
Even Start Family Literacy Programs, which
promote adult literacy and train parents to
support the educational growth of their
children, the Parents as Teachers Program, and
the Home Instruction Program for Preschool
Youngsters; and]
[(C)](B) gives preference to participation
by parents and immediate family members of
children attending school.
* * * * * * *
(8) Language instruction educational program.--The
term ``language instruction educational program'' means
an instruction course--
(A) in which [a limited English proficient
child]an English learner is placed for the
purpose of developing and attaining English
proficiency, while meeting challenging State
academic content and student academic
achievement standards, as required by section
1111(b)(1); and
(B) * * *
* * * * * * *
[SEC. 3302. PARENTAL NOTIFICATION.
[(a) In General.--Each eligible entity using funds provided
under this title to provide a language instruction educational
program shall, not later than 30 days after the beginning of
the school year, inform a parent or the parents of a limited
English proficient child identified for participation in, or
participating in, such program of--
[(1) the reasons for the identification of their
child as limited English proficient and in need of
placement in a language instruction educational
program;
[(2) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
[(3) the method of instruction used in the program
in which their child is, or will be, participating, and
the methods of instruction used in other available
programs, including how such programs differ in
content, instruction goals, and use of English and a
native language in instruction;
[(4) how the program in which their child is, or
will be participating will meet the educational
strengths and needs of the child;
[(5) how such program will specifically help their
child learn English, and meet age appropriate academic
achievement standards for grade promotion and
graduation;
[(6) the specific exit requirements for such
program, the expected rate of transition from such
program into classrooms that are not tailored for
limited English proficient children, and the expected
rate of graduation from secondary school for such
program if funds under this title are used for children
in secondary schools;
[(7) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child; and
[(8) information pertaining to parental rights that
includes written guidance--
[(A) detailing--
[(i) the right that parents have to
have their child immediately removed
from such program upon their request;
and
[(ii) the options that parents have
to decline to enroll their child in
such program or to choose another
program or method of instruction, if
available; and
[(B) assisting parents in selecting among
various programs and methods of instruction, if
more than one program or method is offered by
the eligible entity.
[(b) Separate Notification.--In addition to providing the
information required to be provided under subsection (a), each
eligible entity that is using funds provided under this title
to provide a language instruction educational program, and that
has failed to make progress on the annual measurable
achievement objectives described in section 3122 for any fiscal
year for which part A is in effect, shall separately inform a
parent or the parents of a child identified for participation
in such program, or participating in such program, of such
failure not later than 30 days after such failure occurs.
[(c) Receipt of Information.--The information required to
be provided under subsections (a) and (b) to a parent shall be
provided in an understandable and uniform format and, to the
extent practicable, in a language that the parent can
understand.
[(d) Special Rule Applicable During School Year.--For a
child who has not been identified for participation in a
language instruction educational program prior to the beginning
of the school year, the eligible entity shall carry out
subsections (a) through (c) with respect to the parents of the
child within 2 weeks of the child being placed in such a
program.
[(e) Parental Participation.--
[(1) In General.--Each eligible entity using funds
provided under this title to provide a language
instruction educational program shall implement an
effective means of outreach to parents of limited
English proficient children to inform such parents of
how they can--
[(A) be involved in the education of their
children; and
[(B) be active participants in assisting
their children--
[(i) to learn English;
[(ii) to achieve at high levels in
core academic subjects; and
[(iii) to meet the same challenging
State academic content and student
academic achievement standards as all
children are expected to meet.
[(2) Receipt of recommendations.--The outreach
described in paragraph (1) shall include holding, and
sending notice of opportunities for, regular meetings
for the purpose of formulating and responding to
recommendations from parents described in such
paragraph.
[(f) Basis for Admission or Exclusion.--A child shall not
be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.]
SEC. [3303]3202. NATIONAL CLEARINGHOUSE.
The Secretary shall establish and support the operation of
a National Clearinghouse for English Language Acquisition and
Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for [limited English
proficient children]English learners, and related programs. The
National Clearinghouse shall--
(1) * * *
* * * * * * *
(4) collect and disseminate information on--
(A) educational research and processes
related to the education of [limited English
proficient children]English learners, including
English learners with a disability, that
includes information on best practices on
instructing and serving English learners; and
(B) accountability systems that monitor the
academic progress of [limited English
proficient children]English learners in
language instruction educational programs,
including information on academic content and
English proficiency assessments for language
instruction educational programs; and
(5) * * *
SEC. [3304]3203. REGULATIONS.
In developing regulations under this title, the Secretary
shall consult with State educational agencies and local
educational agencies, organizations representing [limited
English proficient individuals]English learners, and
organizations representing teachers and other personnel
involved in the education of [limited English proficient
children]English learners.
* * * * * * *
[TITLE IV--[21ST CENTURY SCHOOLS] TITLE IV_SAFE AND HEALTHY STUDENTS
[PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES]
[SEC. 4001. SHORT TITLE.
[This part may be cited as the ``Safe and Drug-Free Schools
and Communities Act''.
[SEC. 4002. PURPOSE.
[The purpose of this part is to support programs that
prevent violence in and around schools; that prevent the
illegal use of alcohol, tobacco, and drugs; that involve
parents and communities; and that are coordinated with related
Federal, State, school, and community efforts and resources to
foster a safe and drug-free learning environment that supports
student academic achievement, through the provision of Federal
assistance to--
[(1) States for grants to local educational
agencies and consortia of such agencies to establish,
operate, and improve local programs of school drug and
violence prevention and early intervention;
[(2) States for grants to, and contracts with,
community-based organizations and public and private
entities for programs of drug and violence prevention
and early intervention, including community-wide drug
and violence prevention planning and organizing
activities;
[(3) States for development, training, technical
assistance, and coordination activities; and
[(4) public and private entities to provide
technical assistance; conduct training, demonstrations,
and evaluation; and to provide supplementary services
and community-wide drug and violence prevention
planning and organizing activities for the prevention
of drug use and violence among students and youth.
[SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated--
[(1) $650,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 5 succeeding
fiscal years, for State grants under subpart 1; and
[(2) such sums for fiscal year 2002, and for each
of the 5 succeeding fiscal years, for national programs
under subpart 2.]
[Subpart 1--State Grants]
[SEC. 4111. RESERVATIONS AND ALLOTMENTS.
[(a) Reservations.--
[(1) In general.--From the amount made available
under section 4003(1) to carry out this subpart for
each fiscal year, the Secretary--
[(A) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for
grants to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, to be allotted in
accordance with the Secretary's determination
of their respective needs and to carry out
programs described in this subpart;
[(B) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for the
Secretary of the Interior to carry out programs
described in this subpart for Indian youth; and
[(C) shall reserve 0.2 percent of such
amount for Native Hawaiians to be used under
section 4117 to carry out programs described in
this subpart.
[(2) Other reservations.--From the amount made
available under section 4003(2) to carry out subpart 2
for each fiscal year, the Secretary--
[(A) may reserve not more than $2,000,000
for the national impact evaluation required by
section 4122(a);
[(B) notwithstanding section 3 of the No
Child Left Behind Act of 2001, shall reserve an
amount necessary to make continuation grants to
grantees under the Safe Schools/Healthy
Students initiative (under the same terms and
conditions as provided for in the grants
involved).
[(b) State Allotments.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary shall, for each fiscal year, allot
among the States--
[(A) 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
[(B) 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.
[(2) Minimum.--For any fiscal year, no State shall
be allotted under this subsection an amount that is
less than the greater of--
[(A) one-half of 1 percent of the total
amount allotted to all the States under this
subsection; or
[(B) the amount such State received for
fiscal year 2001 under section 4111 as such
section was in effect the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(3) Reallotment.--
[(A) Reallotment for failure to apply.--If
any State does not apply for an allotment under
this subpart for a fiscal year, the Secretary
shall reallot the amount of the State's
allotment to the remaining States in accordance
with this section.
[(B) 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 paragraph
(1).
[(4) Definition.--In this section the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
[(c) Limitation.--Amounts appropriated under section
4003(2) for a fiscal year may not be increased above the
amounts appropriated under such section for the previous fiscal
year unless the amounts appropriated under section 4003(1) for
the fiscal year involved are at least 10 percent greater that
the amounts appropriated under such section 4003(1) for the
previous fiscal year.]
[SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS.
[(a) State Reservation for the Chief Executive Officer of a
State.--
[(1) In general.--The chief executive officer of a
State may reserve not more than 20 percent of the total
amount allocated to a State under section 4111(b) for
each fiscal year to award competitive grants and
contracts to local educational agencies, community-
based organizations (including community anti-drug
coalitions) other public entities and private
organizations, and consortia thereof. Such grants and
contracts shall be used to carry out the comprehensive
State plan described in section 4113(a) through
programs or activities that complement and support
activities of local educational agencies described in
section 4115(b). Such officer shall award grants based
on--
[(A) the quality of the program or activity
proposed; and
[(B) how the program or activity meets the
principles of effectiveness described in
section 4115(a).
[(2) Priority.--In making such grants and contracts
under this section, a chief executive officer shall
give priority to programs and activities that prevent
illegal drug use and violence for--
[(A) children and youth who are not
normally served by State educational agencies
or local educational agencies; or
[(B) populations that need special services
or additional resources (such as youth in
juvenile detention facilities, runaway or
homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
[(3) Special consideration.--In awarding funds
under paragraph (1), a chief executive officer shall
give special consideration to grantees that pursue a
comprehensive approach to drug and violence prevention
that includes providing and incorporating mental health
services related to drug and violence prevention in
their program.
[(4) Peer review.--Grants or contracts awarded
under this section shall be subject to a peer review
process.
[(5) Use of funds.--Grants and contracts under this
section shall be used to implement drug and violence
prevention activities, including--
[(A) activities that complement and support
local educational agency activities under
section 4115, including developing and
implementing activities to prevent and reduce
violence associated with prejudice and
intolerance;
[(B) dissemination of information about
drug and violence prevention; and
[(C) development and implementation of
community-wide drug and violence prevention
planning and organizing.
[(6) Administrative costs.--The chief executive
officer of a State may use not more than 3 percent of
the amount described in paragraph (1) for the
administrative costs incurred in carrying out the
duties of such officer under this section.
[(b) In State Distribution.--
[(1) In general.--A State educational agency shall
distribute not less than 93 percent of the amount made
available to the State under section 4111(b), less the
amount reserved under subsection (a) of this section,
to its local educational agencies.
[(2) State administration costs.--
[(A) In general.--A State educational
agency may use not more than 3 percent of the
amount made available to the State under
section 4111(b) for each fiscal year less the
amount reserved under subsection (a) of this
section, for State educational agency
administrative costs, including the
implementation of the uniform management
information and reporting system as provided
for under subsection (c)(3).
[(B) Additional amounts for the uniform
management information system.--In the case of
fiscal year 2002, a State educational agency
may, in addition to amounts provided for in
subparagraph (A), use 1 percent of the amount
made available to the State educational agency
under section 4111(b) for each fiscal year less
the amount reserved under subsection (a) of
this section, for implementation of the uniform
management information and reporting system as
provided for under subsection (c)(3).
[(c) State Activities.--
[(1) In general.--A State educational agency may
use not more than 5 percent of the amount made
available to the State under section 4111(b) for each
fiscal year less the amount reserved under subsection
(a) of this section, for activities described in this
subsection.
[(2) Activities.--A State educational agency shall
use the amounts described in paragraph (1), either
directly, or through grants and contracts, to plan,
develop, and implement capacity building, technical
assistance and training, evaluation, program
improvement services, and coordination activities for
local educational agencies, community-based
organizations, and other public and private entities.
Such uses--
[(A) shall meet the principles of
effectiveness described in section 4115(a);
[(B) shall complement and support local
uses of funds under section 4115(b);
[(C) shall be in accordance with the
purposes of this part; and
[(D) may include, among others activities--
[(i) identification, development,
evaluation, and dissemination of drug
and violence prevention strategies,
programs, activities, and other
information;
[(ii) training, technical
assistance, and demonstration projects
to address violence that is associated
with prejudice and intolerance; and
[(iii) financial assistance to
enhance drug and violence prevention
resources available in areas that serve
large numbers of low-income children,
are sparsely populated, or have other
special needs.
[(3) Uniform management information and reporting
system.--
[(A) Information and statistics.--A State
shall establish a uniform management
information and reporting system.
[(B) Uses of funds.--A State may use funds
described in subparagraphs (A) and (B) of
subsection (b)(2), either directly or through
grants and contracts, to implement the uniform
management information and reporting system
described in subparagraph (A), for the
collection of information on--
[(i) truancy rates;
[(ii) the frequency, seriousness,
and incidence of violence and drug-
related offenses resulting in
suspensions and expulsions in
elementary schools and secondary
schools in the State;
[(iii) the types of curricula,
programs, and services provided by the
chief executive officer, the State
educational agency, local educational
agencies, and other recipients of funds
under this subpart; and
[(iv) 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.
[(C) Compilation of statistics.--In
compiling the statistics required for the
uniform management information and reporting
system, the offenses described in subparagraph
(B)(ii) shall be defined pursuant to the
State's criminal code, but shall not identify
victims of crimes or persons accused of crimes.
The collected data shall include incident
reports by school officials, anonymous student
surveys, and anonymous teacher surveys.
[(D) Reporting.--The information described
under subparagraph (B) shall be reported to the
public and the data referenced in clauses (i)
and (ii) of such subparagraph shall be reported
to the State on a school-by-school basis.
[(E) Limitation.--Nothing in this
subsection shall be construed to authorize the
Secretary to require particular policies,
procedures, or practices with respect to crimes
committed on school property or school
security.]
[SEC. 4113. STATE APPLICATION.
[(a) In General.--In order to receive an allotment under
section 4111(b) for any fiscal year, a State shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
[(1) contains a comprehensive plan for the use of
funds by the State educational agency and the chief
executive officer of the State to provide safe,
orderly, and drug-free schools and communities through
programs and activities that complement and support
activities of local educational agencies under section
4115(b), that comply with the principles of
effectiveness under section 4115(a), and that otherwise
are in accordance with the purpose of this part;
[(2) describes how activities funded under this
subpart will foster a safe and drug-free learning
environment that supports academic achievement;
[(3) provides an assurance that the application was
developed in consultation and coordination with
appropriate State officials and others, including the
chief executive officer, the chief State school
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
[(4) describes how the State educational agency
will coordinate such agency's activities under this
subpart with the chief executive officer's drug and
violence prevention programs under this subpart and
with the prevention efforts of other State agencies and
other programs, as appropriate, in accordance with the
provisions in section 9306;
[(5) provides an assurance that funds reserved
under section 4112(a) will not duplicate the efforts of
the State educational agency and local educational
agencies with regard to the provision of school-based
drug and violence prevention activities and that those
funds will be used to serve populations not normally
served by the State educational agencies and local
educational agencies and populations that need special
services, such as school dropouts, suspended and
expelled students, youth in detention centers, runaway
or homeless children and youth, and pregnant and
parenting youth;
[(6) provides an assurance that the State will
cooperate with, and assist, the Secretary in conducting
data collection as required by section 4122;
[(7) provides an assurance that the local
educational agencies in the State will comply with the
provisions of section 9501 pertaining to the
participation of private school children and teachers
in the programs and activities under this subpart;
[(8) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made available
for programs and activities authorized under this
subpart, and in no case supplant such State, local, and
other non-Federal funds;
[(9) contains the results of a needs assessment
conducted by the State for drug and violence prevention
programs, which shall be based on ongoing State
evaluation activities, including data on--
[(A) the incidence and prevalence of
illegal drug use and violence among youth in
schools and communities, including the age of
onset, the perception of health risks, and the
perception of social disapproval among such
youth;
[(B) the prevalence of risk factors,
including high or increasing rates of reported
cases of child abuse or domestic violence;
[(C) the prevalence of protective factors,
buffers, or assets; and
[(D) other variables in the school and
community identified through scientifically
based research;
[(10) provides a statement of the State's
performance measures for drug and violence prevention
programs and activities to be funded under this subpart
that will be focused on student behavior and attitudes,
derived from the needs assessment described in
paragraph (9), and be developed in consultation between
the State and local officials, and that consist of--
[(A) performance indicators for drug and
violence prevention programs and activities;
and
[(B) levels of performance for each
performance indicator;
[(11) describes the procedures the State will use
for assessing and publicly reporting progress toward
meeting the performance measures described in paragraph
(10);
[(12) provides an assurance that the State
application will be available for public review after
submission of the application;
[(13) describes the special outreach activities
that will be carried out by the State educational
agency and the chief executive officer of the State to
maximize the participation of community-based
organizations of demonstrated effectiveness that
provide services such as mentoring programs in low-
income communities;
[(14) describes how funds will be used by the State
educational agency and the chief executive officer of
the State to support, develop, and implement community-
wide comprehensive drug and violence prevention
planning and organizing activities;
[(15) describes how input from parents will be
sought regarding the use of funds by the State
educational agency and the chief executive officer of
the State;
[(16) describes how the State educational agency
will review applications from local educational
agencies, including how the agency will receive input
from parents in such review;
[(17) describes how the State educational agency
will monitor the implementation of activities under
this subpart, and provide technical assistance for
local educational agencies, community-based
organizations, other public entities, and private
organizations;
[(18) describes how the chief executive officer of
the State will award funds under section 4112(a) and
implement a plan for monitoring the performance of, and
providing technical assistance to, recipients of such
funds; and
[(19) includes any other information the Secretary
may require.
[(b) Interim Application.--
[(1) Authority.--Notwithstanding any other
provision of this section, a State may submit for
fiscal year 2002 a 1-year interim application and plan
for the use of funds under this subpart that is
consistent with the requirements of this section and
contains such information as the Secretary may specify
in regulations.
[(2) Purpose.--The purpose of such interim
application and plan shall be to afford the State the
opportunity to fully develop and review such State's
application and comprehensive plan otherwise required
by this section.
[(3) Exception.--A State may not receive a grant
under this subpart for a fiscal year after fiscal year
2002 unless the Secretary has approved such State's
application and comprehensive plan as described in
subsection (a).
[(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.]
[SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.
[(a) In General.--
[(1) Funds to local educational agencies.--A State
shall provide the amount made available to the State
under this subpart, less the amounts reserved under
section 4112 to local educational agencies for drug and
violence prevention and education programs and
activities as follows:
[(A) 60 percent of such amount based on the
relative amount such agencies received under
part A of title I for the preceding fiscal
year.
[(B) 40 percent of such amount based on the
relative enrollments in public and private
nonprofit elementary schools and secondary
schools within the boundaries of such agencies.
[(2) Administrative costs.--Of the amount received
under paragraph (1), a local educational agency may use
not more than 2 percent for the administrative costs of
carrying out its responsibilities under this subpart.
[(3) Return of funds to state; reallocation.--
[(A) Return.--Except as provided in
subparagraph (B), upon the expiration of the 1-
year period beginning on the date on which a
local educational agency receives its
allocation under this subpart--
[(i) such agency shall return to
the State educational agency any funds
from such allocation that remain
unobligated; and
[(ii) the State educational agency
shall reallocate any such amount to
local educational agencies that have
submitted plans for using such amount
for programs or activities on a timely
basis.
[(B) Carryover.--In any fiscal year, a
local educational agency, may retain for
obligation in the succeeding fiscal year--
[(i) an amount equal to not more
than 25 percent of the allocation it
received under this subpart for such
fiscal year; or
[(ii) upon a demonstration of good
cause by such agency and approval by
the State educational agency, an amount
that exceeds 25 percent of such
allocation.
[(C) Reallocation.--If a local educational
agency chooses not to apply to receive the
amount allocated to such agency under this
subsection, or if such agency's application
under subsection (d) is disapproved by the
State educational agency, the State educational
agency shall reallocate such amount to one or
more of its other local educational agencies.
[(b) Eligibility.--To be eligible to receive a subgrant
under this subpart, a local educational agency desiring a
subgrant shall submit an application to the State educational
agency in accordance with subsection (d). Such an application
shall be amended, as necessary, to reflect changes in the
activities and programs of the local educational agency.
[(c) Development.--
[(1) Consultation.--
[(A) In general.--A local educational
agency shall develop its application through
timely and meaningful consultation with State
and local government representatives,
representatives of schools to be served
(including private schools), teachers and other
staff, parents, students, community-based
organizations, and others with relevant and
demonstrated expertise in drug and violence
prevention activities (such as medical, mental
health, and law enforcement professionals).
[(B) Continued consultation.--On an ongoing
basis, the local educational agency shall
consult with such representatives and
organizations in order to seek advice regarding
how best to coordinate such agency's activities
under this subpart with other related
strategies, programs, and activities being
conducted in the community.
[(2) Design and development.--To ensure timely and
meaningful consultation under paragraph (1), a local
educational agency at the initial stages of design and
development of a program or activity shall consult, in
accordance with this subsection, with appropriate
entities and persons on issues regarding the design and
development of the program or activity, including
efforts to meet the principles of effectiveness
described in section 4115(a).
[(d) Contents of Applications.--An application submitted by
a local educational agency under this section shall contain--
[(1) an assurance that the activities or programs
to be funded comply with the principles of
effectiveness described in section 4115(a) and foster a
safe and drug-free learning environment that supports
academic achievement;
[(2) a detailed explanation of the local
educational agency's comprehensive plan for drug and
violence prevention, including a description of--
[(A) how the plan will be coordinated with
programs under this Act, and other Federal,
State, and local programs for drug and violence
prevention, in accordance with section 9306;
[(B) the local educational agency's
performance measures for drug and violence
prevention programs and activities, that shall
consist of--
[(i) performance indicators for
drug and violence prevention programs
and activities; including--
[(I) specific reductions in
the prevalence of identified
risk factors; and
[(II) specific increases in
the prevalence of protective
factors, buffers, or assets if
any have been identified; and
[(ii) levels of performance for
each performance indicator;
[(C) how such agency will assess and
publicly report progress toward attaining its
performance measures;
[(D) the drug and violence prevention
activity or program to be funded, including how
the activity or program will meet the
principles of effectiveness described in
section 4115(a), and the means of evaluating
such activity or program; and
[(E) how the services will be targeted to
schools and students with the greatest need;
[(3) a description for how the results of the
evaluations of the effectiveness of the program will be
used to refine, improve, and strengthen the program;
[(4) an assurance that funds under this subpart
will be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of
funds under this subpart, be made available for
programs and activities authorized under this subpart,
and in no case supplant such State, local, and other
non-Federal funds;
[(5) a description of the mechanisms used to
provide effective notice to the community of an
intention to submit an application under this subpart;
[(6) an assurance that drug and violence prevention
programs supported under this subpart convey a clear
and consistent message that acts of violence and the
illegal use of drugs are wrong and harmful;
[(7) an assurance that the applicant has, or the
schools to be served have, a plan for keeping schools
safe and drug-free that includes--
[(A) appropriate and effective school
discipline policies that prohibit disorderly
conduct, the illegal possession of weapons, and
the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by
students;
[(B) security procedures at school and
while students are on the way to and from
school;
[(C) prevention activities that are
designed to create and maintain safe,
disciplined, and drug-free environments;
[(D) a crisis management plan for
responding to violent or traumatic incidents on
school grounds; and
[(E) a code of conduct policy for all
students that clearly states the
responsibilities of students, teachers, and
administrators in maintaining a classroom
environment that--
[(i) allows a teacher to
communicate effectively with all
students in the class;
[(ii) allows all students in the
class to learn;
[(iii) has consequences that are
fair, and developmentally appropriate;
[(iv) considers the student and the
circumstances of the situation; and
[(v) is enforced accordingly;
[(8) an assurance that the application and any
waiver request under section 4115(a)(3) will be
available for public review after submission of the
application; and
[(9) such other assurances, goals, and objectives
identified through scientifically based research that
the State may reasonably require in accordance with the
purpose of this part.
[(e) Review of Application.--
[(1) In general.--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.
[(2) Considerations.--In determining whether to
approve the application of a local educational agency
under this section, a State educational agency shall
consider the quality of application and the extent to
which the application meets the principles of
effectiveness described in section 4115(a).
[(f) Approval Process.--
[(1) Deemed approval.--An application submitted by
a local educational agency pursuant to this section
shall be deemed to be approved by the State educational
agency unless the State educational agency makes a
written determination, prior to the expiration of the
120-day period beginning on the date on which the State
educational agency received the application, that the
application is not in compliance with this subpart.
[(2) Disapproval.--The State educational agency
shall not finally disapprove the application, except
after giving the local educational agency notice and
opportunity for a hearing.
[(3) Notification.--If the State educational agency
finds that the application is not in compliance, in
whole or in part, with this subpart, the State
educational agency shall--
[(A) give the local educational agency
notice and an opportunity for a hearing; and
[(B) notify the local educational agency of
the finding of noncompliance, and in such
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 local educational agency
responds to the State educational agency's notification
described in paragraph (3)(B) 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 paragraph
(3)(B)(ii), the State educational agency 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 local educational
agency does not respond to the State educational
agency'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.]
[SEC. 4115. AUTHORIZED ACTIVITIES.
[(a) Principles of Effectiveness.--
[(1) In general.--For a program or activity
developed pursuant to this subpart to meet the
principles of effectiveness, such program or activity
shall--
[(A) be based on an assessment of objective
data regarding the incidence of violence and
illegal drug use in the elementary schools and
secondary schools and communities to be served,
including an objective analysis of the current
conditions and consequences regarding violence
and illegal drug use, including delinquency and
serious discipline problems, among students who
attend such schools (including private school
students who participate in the drug and
violence prevention program) that is based on
ongoing local assessment or evaluation
activities;
[(B) be based on an established set of
performance measures aimed at ensuring that the
elementary schools and secondary schools and
communities to be served by the program have a
safe, orderly, and drug-free learning
environment;
[(C) be based on scientifically based
research that provides evidence that the
program to be used will reduce violence and
illegal drug use;
[(D) be based on an analysis of the data
reasonably available at the time, of the
prevalence of risk factors, including high or
increasing rates of reported cases of child
abuse and domestic violence; protective
factors, buffers, assets; or other variables in
schools and communities in the State identified
through scientifically based research; and
[(E) include meaningful and ongoing
consultation with and input from parents in the
development of the application and
administration of the program or activity.
[(2) Periodic evaluation.--
[(A) Requirement.--The program or activity
shall undergo a periodic evaluation to assess
its progress toward reducing violence and
illegal drug use in schools to be served based
on performance measures described in section
4114(d)(2)(B).
[(B) Use of results.--The results shall be
used to refine, improve, and strengthen the
program, and to refine the performance
measures, and shall also be made available to
the public upon request, with public notice of
such availability provided.
[(3) Waiver.--A local educational agency may apply
to the State for a waiver of the requirement of
subsection (a)(1)(C) to allow innovative activities or
programs that demonstrate substantial likelihood of
success.
[(b) Local Educational Agency Activities.--
[(1) Program requirements.--A local educational
agency shall use funds made available under section
4114 to develop, implement, and evaluate comprehensive
programs and activities, which are coordinated with
other school and community-based services and programs,
that shall--
[(A) foster a safe and drug-free learning
environment that supports academic achievement;
[(B) be consistent with the principles of
effectiveness described in subsection (a)(1);
[(C) be designed to--
[(i) prevent or reduce violence;
the use, possession and distribution of
illegal drugs; and delinquency; and
[(ii) create a well disciplined
environment conducive to learning,
which includes consultation between
teachers, principals, and other school
personnel to identify early warning
signs of drug use and violence and to
provide behavioral interventions as
part of classroom management efforts;
and
[(D) include activities to--
[(i) promote the involvement of
parents in the activity or program;
[(ii) promote coordination with
community groups and coalitions, and
government agencies; and
[(iii) distribute information about
the local educational agency's needs,
goals, and programs under this subpart.
[(2) Authorized activities.--Each local educational
agency, or consortium of such agencies, that receives a
subgrant under this subpart may use such funds to carry
out activities that comply with the principles of
effectiveness described in subsection (a), such as the
following:
[(A) Age appropriate and developmentally
based activities that--
[(i) address the consequences of
violence and the illegal use of drugs,
as appropriate;
[(ii) promote a sense of individual
responsibility;
[(iii) teach students that most
people do not illegally use drugs;
[(iv) teach students to recognize
social and peer pressure to use drugs
illegally and the skills for resisting
illegal drug use;
[(v) teach students about the
dangers of emerging drugs;
[(vi) engage students in the
learning process; and
[(vii) incorporate activities in
secondary schools that reinforce
prevention activities implemented in
elementary schools.
[(B) Activities that involve families,
community sectors (which may include
appropriately trained seniors), and a variety
of drug and violence prevention providers in
setting clear expectations against violence and
illegal use of drugs and appropriate
consequences for violence and illegal use of
drugs.
[(C) Dissemination of drug and violence
prevention information to schools and the
community.
[(D) Professional development and training
for, and involvement of, school personnel,
pupil services personnel, parents, and
interested community members in prevention,
education, early identification and
intervention, mentoring, or rehabilitation
referral, as related to drug and violence
prevention.
[(E) Drug and violence prevention
activities that may include the following:
[(i) Community-wide planning and
organizing activities to reduce
violence and illegal drug use, which
may include gang activity prevention.
[(ii) Acquiring and installing
metal detectors, electronic locks,
surveillance cameras, or other related
equipment and technologies.
[(iii) Reporting criminal offenses
committed on school property.
[(iv) Developing and implementing
comprehensive school security plans or
obtaining technical assistance
concerning such plans, which may
include obtaining a security assessment
or assistance from the School Security
and Technology Resource Center at the
Sandia National Laboratory located in
Albuquerque, New Mexico.
[(v) Supporting safe zones of
passage activities that ensure that
students travel safely to and from
school, which may include bicycle and
pedestrian safety programs.
[(vi) The hiring and mandatory
training, based on scientific research,
of school security personnel (including
school resource officers) who interact
with students in support of youth drug
and violence prevention activities
under this part that are implemented in
the school.
[(vii) Expanded and improved
school-based mental health services
related to illegal drug use and
violence, including early
identification of violence and illegal
drug use, assessment, and direct or
group counseling services provided to
students, parents, families, and school
personnel by qualified school-based
mental health service providers.
[(viii) Conflict resolution
programs, including peer mediation
programs that educate and train peer
mediators and a designated faculty
supervisor, and youth anti-crime and
anti-drug councils and activities.
[(ix) Alternative education
programs or services for violent or
drug abusing students that reduce the
need for suspension or expulsion or
that serve students who have been
suspended or expelled from the regular
educational settings, including
programs or services to assist students
to make continued progress toward
meeting the State academic achievement
standards and to reenter the regular
education setting.
[(x) Counseling, mentoring,
referral services, and other student
assistance practices and programs,
including assistance provided by
qualified school-based mental health
services providers and the training of
teachers by school-based mental health
services providers in appropriate
identification and intervention
techniques for students at risk of
violent behavior and illegal use of
drugs.
[(xi) Programs that encourage
students to seek advice from, and to
confide in, a trusted adult regarding
concerns about violence and illegal
drug use.
[(xii) Drug and violence prevention
activities designed to reduce truancy.
[(xiii) Age-appropriate,
developmentally-based violence
prevention and education programs that
address victimization associated with
prejudice and intolerance, and that
include activities designed to help
students develop a sense of individual
responsibility and respect for the
rights of others, and to resolve
conflicts without violence.
[(xiv) Consistent with the fourth
amendment to the Constitution of the
United States, the testing of a student
for illegal drug use or the inspecting
of a student's locker for weapons or
illegal drugs or drug paraphernalia,
including at the request of or with the
consent of a parent or legal guardian
of the student, if the local
educational agency elects to so test or
inspect.
[(xv) Emergency intervention
services following traumatic crisis
events, such as a shooting, major
accident, or a drug-related incident
that have disrupted the learning
environment.
[(xvi) Establishing or implementing
a system for transferring suspension
and expulsion records, consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), by a
local educational agency to any public
or private elementary school or
secondary school.
[(xvii) Developing and implementing
character education programs, as a
component of drug and violence
prevention programs, that take into
account the views of parents of the
students for whom the program is
intended and such students, such as a
program described in subpart 3 of part
D of title V.
[(xviii) Establishing and
maintaining a school safety hotline.
[(xix) Community service, including
community service performed by expelled
students, and service-learning
projects.
[(xx) Conducting a nationwide
background check of each local
educational agency employee, regardless
of when hired, and prospective
employees for the purpose of
determining whether the employee or
prospective employee has been convicted
of a crime that bears upon the
employee's fitness--
[(I) to be responsible for
the safety or well-being of
children;
[(II) to serve in the
particular capacity in which
the employee or prospective
employee is or will be
employed; or
[(III) to otherwise be
employed by the local
educational agency.
[(xxi) 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.
[(xxii) Programs that respond to
the needs of students who are faced
with domestic violence or child abuse.
[(F) The evaluation of any of the
activities authorized under this subsection and
the collection of objective data used to assess
program needs, program implementation, or
program success in achieving program goals and
objectives.
[(c) Limitation.--
[(1) In general.--Except as provided in paragraph
(2), not more than 40 percent of the funds available to
a local educational agency under this subpart may be
used to carry out the activities described in clauses
(ii) through (vi) of subsection (b)(2)(E), of which not
more than 50 percent of such amount may be used to
carry out the activities described in clauses (ii)
through (v) of such subsection.
[(2) Exception.--A local educational agency may use
funds under this subpart for activities described in
clauses (ii) through (v) of subsection (b)(2)(E) only
if funding for these activities is not received from
other Federal agencies.
[(d) Rule of Construction.--Nothing in this section shall
be construed to prohibit the use of funds under this subpart by
any local educational agency or school for the establishment or
implementation of a school uniform policy if such policy is
part of the overall comprehensive drug and violence prevention
plan of the State involved and is supported by the State's
needs assessment and other scientifically based research
information.]
[SEC. 4116. REPORTING.
[(a) State Report.--
[(1) In general.--By December 1, 2003, and every 2
years thereafter, the chief executive officer of the
State, in cooperation with the State educational
agency, shall submit to the Secretary a report--
[(A) on the implementation and outcomes of
State programs under section 4112(a)(1) and
section 4112(c) and local educational agency
programs under section 4115(b), as well as an
assessment of their effectiveness;
[(B) on the State's progress toward
attaining its performance measures for drug and
violence prevention under section 4113(a)(10);
and
[(C) on the State's efforts to inform
parents of, and include parents in, violence
and drug prevention efforts.
[(2) Special rule.--The report required by this
subsection shall be--
[(A) in the form specified by the
Secretary;
[(B) based on the State's ongoing
evaluation activities, and shall include data
on 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; and
[(C) made readily available to the public.
[(b) Local Educational Agency Report.--
[(1) In general.--Each local educational agency
receiving funds under this subpart shall submit to the
State educational agency such information that the
State requires to complete the State report required by
subsection (a), including a description of how parents
were informed of, and participated in, violence and
drug prevention efforts.
[(2) Availability.--Information under paragraph (1)
shall be made readily available to the public.
[(3) Provision of documentation.--Not later than
January 1 of each year that a State is required to
report under subsection (a), the Secretary shall
provide to the State educational agency all of the
necessary documentation required for compliance with
this section.]
[SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.
[(a) General Authority.--From the funds made available
pursuant to section 4111(a)(1)(C) to carry out this section,
the Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians for the benefit of Native
Hawaiians to plan, conduct, and administer programs, or
portions thereof, that are authorized by and consistent with
the provisions of this subpart.
[(b) Definition of Native Hawaiian.--For the purposes of
this section, the term ``Native Hawaiian'' means any individual
any of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.]
[Subpart 2--National Programs]
[SEC. 4121. FEDERAL ACTIVITIES.
[(a) Program Authorized.--From funds made available to
carry out this subpart under section 4003(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, and
the Attorney General, shall carry out programs to prevent the
illegal use of drugs and violence among, and promote safety and
discipline for, students. The Secretary shall carry out such
programs directly, or through grants, contracts, or cooperative
agreements with public and private entities and individuals, or
through agreements with other Federal agencies, and shall
coordinate such programs with other appropriate Federal
activities. Such programs may include--
[(1) the development and demonstration of
innovative strategies for the training of school
personnel, parents, and members of the community for
drug and violence prevention activities based on State
and local needs;
[(2) the development, demonstration, scientifically
based evaluation, and dissemination of innovative and
high quality drug and violence prevention programs and
activities, based on State and local needs, which may
include--
[(A) alternative education models, either
established within a school or separate and
apart from an existing school, that are
designed to promote drug and violence
prevention, reduce disruptive behavior, reduce
the need for repeat suspensions and expulsions,
enable students to meet challenging State
academic standards, and enable students to
return to the regular classroom as soon as
possible;
[(B) community service and service-learning
projects, designed to rebuild safe and healthy
neighborhoods and increase students' sense of
individual responsibility;
[(C) video-based projects developed by
noncommercial telecommunications entities that
provide young people with models for conflict
resolution and responsible decisionmaking; and
[(D) child abuse education and prevention
programs for elementary and secondary students;
[(3) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination;
[(4) the provision of information on violence
prevention and education and school safety to the
Department of Justice for dissemination;
[(5) technical assistance to chief executive
officers, State agencies, local educational agencies,
and other recipients of funding under this part to
build capacity to develop and implement high-quality,
effective drug and violence prevention programs
consistent with the principles of effectiveness in
section 4115(a);
[(6) assistance to school systems that have
particularly severe drug and violence problems,
including hiring drug prevention and school safety
coordinators, or assistance to support appropriate
response efforts to crisis situations;
[(7) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes;
[(8) activities in communities designated as
empowerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems; and
[(9) other activities in accordance with the
purpose of this part, based on State and local needs.
[(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.]
[SEC. 4122. IMPACT EVALUATION.
[(a) Biennial Evaluation.--The Secretary, in consultation
with the Safe and Drug-Free Schools and Communities Advisory
Committee described in section 4124, shall conduct an
independent biennial evaluation of the impact of programs
assisted under this subpart and of other recent and new
initiatives to combat violence and illegal drug use in schools.
The evaluation shall report on whether community and local
educational agency programs funded under this subpart--
[(1) comply with the principles of effectiveness
described in section 4115(a);
[(2) have appreciably reduced the level of illegal
drug, alcohol, and tobacco use, and school violence and
the illegal presence of weapons at schools; and
[(3) have conducted effective parent involvement
and training programs.
[(b) Data Collection.--The National Center for Education
Statistics shall collect data, that is subject to independent
review, to determine the incidence and prevalence of illegal
drug use and violence in elementary schools and secondary
schools in the States. The collected data shall include
incident reports by schools officials, anonymous student
surveys, and anonymous teacher surveys.
[(c) Biennial Report.--Not later than January 1, 2003, and
every 2 years thereafter, the Secretary shall submit to the
President and Congress a report on the findings of the
evaluation conducted under subsection (a) together with the
data collected under subsection (b) and data available from
other sources on the incidence and prevalence, age of onset,
perception of health risk, and perception of social disapproval
of drug use and violence in elementary schools and secondary
schools in the States. The Secretary shall include data
submitted by the States pursuant to subsection 4116(a).]
[SEC. 4123. HATE CRIME PREVENTION.
[(a) Grant Authorization.--From funds made available to
carry out this subpart under section 4003(2) the Secretary may
make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
[(b) Use of Funds.--
[(1) Program development.--Grants under this
section may be used to improve elementary and secondary
educational efforts, including--
[(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by
hate;
[(B) development of curricula for the
purpose of improving conflict or dispute
resolution skills of students, teachers, and
administrators;
[(C) development and acquisition of
equipment and instructional materials to meet
the needs of, or otherwise be part of, hate
crime or conflict programs; and
[(D) professional training and development
for teachers and administrators on the causes,
effects, and resolutions of hate crimes or
hate-based conflicts.
[(2) Application.--In order to be eligible to
receive a grant under this section for any fiscal year,
a local educational agency, or a local educational
agency in conjunction with a community-based
organization, shall submit an application to the
Secretary in such form and containing such information
as the Secretary may reasonably require.
[(3) Requirements.--Each application under
paragraph (2) shall include--
[(A) a request for funds for the purpose
described in this section;
[(B) a description of the schools and
communities to be served by the grants; and
[(C) assurances that Federal funds received
under this section shall be used to supplement,
and not supplant, non-Federal funds.
[(4) Comprehensive plan.--Each application shall
include a comprehensive plan that contains--
[(A) a description of the hate crime or
conflict problems within the schools or the
community targeted for assistance;
[(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
[(C) assurances that such program or
activity shall be administered by or under the
supervision of the applicant;
[(D) procedures for the proper and
efficient administration of such program; and
[(E) fiscal control and fund accounting
procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this
section.
[(c) Award of Grants.--
[(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and
communities in awarding grants under this section.
[(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an
equitable geographic distribution of grant awards.
[(3) Dissemination of information.--The Secretary
shall attempt, to the extent practicable, to make
available information regarding successful hate crime
prevention programs, including programs established or
expanded with grants under this section.
[(d) Reports.--The Secretary shall submit to Congress a
report every 2 years that shall contain a detailed statement
regarding grants and awards, activities of grant recipients,
and an evaluation of programs established under this section.]
[SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY
COMMITTEE.
[(a) Establishment.--
[(1) In general.--There is hereby established an
advisory committee to be known as the ``Safe and Drug
Free Schools and Communities Advisory Committee''
(referred to in this section as the ``Advisory
Committee'') to--
[(A) consult with the Secretary under
subsection (b);
[(B) coordinate Federal school- and
community-based substance abuse and violence
prevention programs and reduce duplicative
research or services;
[(C) develop core data sets and evaluation
protocols for safe and drug-free school- and
community-based programs;
[(D) provide technical assistance and
training for safe and drug-free school- and
community-based programs;
[(E) provide for the diffusion of
scientifically based research to safe and drug-
free school- and community-based programs; and
[(F) review other regulations and standards
developed under this title.
[(2) Composition.--The Advisory Committee shall be
composed of representatives from--
[(A) the Department of Education;
[(B) the Centers for Disease Control and
Prevention;
[(C) the National Institute on Drug Abuse;
[(D) the National Institute on Alcoholism
and Alcohol Abuse;
[(E) the Center for Substance Abuse
Prevention;
[(F) the Center for Mental Health Services;
[(G) the Office of Juvenile Justice and
Delinquency Prevention;
[(H) the Office of National Drug Control
Policy;
[(I) State and local governments, including
education agencies; and
[(J) researchers and expert practitioners.
[(3) Consultation.--In carrying out its duties
under this section, the Advisory Committee shall
annually consult with interested State and local
coordinators of school- and community-based substance
abuse and violence prevention programs and other
interested groups.
[(b) Programs.--
[(1) In general.--From amounts made available under
section 4003(2) to carry out this subpart, the
Secretary, in consultation with the Advisory Committee,
shall carry out scientifically based research programs
to strengthen the accountability and effectiveness of
the State, chief executive officer's, and national
programs under this part.
[(2) Grants, contracts or cooperative agreements.--
The Secretary shall carry out paragraph (1) directly or
through grants, contracts, or cooperative agreements
with public and private entities and individuals or
through agreements with other Federal agencies.
[(3) Coordination.--The Secretary shall coordinate
programs under this section with other appropriate
Federal activities.
[(4) Activities.--Activities that may be carried
out under programs funded under this section may
include--
[(A) the provision of technical assistance
and training, in collaboration with other
Federal agencies utilizing their expertise and
national and regional training systems, for
Governors, State educational agencies and local
educational agencies to support high quality,
effective programs that--
[(i) provide a thorough assessment
of the substance abuse and violence
problem;
[(ii) utilize objective data and
the knowledge of a wide range of
community members;
[(iii) develop measurable goals and
objectives; and
[(iv) implement scientifically
based research activities that have
been shown to be effective and that
meet identified needs;
[(B) the provision of technical assistance
and training to foster program accountability;
[(C) the diffusion and dissemination of
best practices and programs;
[(D) the development of core data sets and
evaluation tools;
[(E) program evaluations;
[(F) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the clearinghouse for alcohol and drug abuse
information established under section
501(d)(16) of the Public Health Service Act;
and
[(G) other activities that meet unmet needs
related to the purpose of this part and that
are undertaken in consultation with the
Advisory Committee.]
[SEC. 4125. NATIONAL COORDINATOR PROGRAM.
[(a) In General.--From funds made available to carry out
this subpart under section 4003(2), the Secretary may provide
for the establishment of a National Coordinator Program under
which the Secretary shall award grants to local educational
agencies for the hiring of drug prevention and school safety
program coordinators.
[(b) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used by local educational agencies to
recruit, hire, and train individuals to serve as drug
prevention and school safety program coordinators in schools
with significant drug and school safety problems. Such
coordinators shall be responsible for developing, conducting,
and analyzing assessments of drug and crime problems at their
schools, and administering the safe and drug-free grant program
at such schools.]
[SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.
[(a) In General.--From funds made available to carry out
this subpart under section 4003(2), the Secretary may make
grants to States to carry out programs under which students
expelled or suspended from school are required to perform
community service.
[(b) Allocation.--From the amount described in subsection
(a), the Secretary shall allocate among the States--
[(1) one-half 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 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 section an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this section.
[(d) Reallotment.--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).
[(e) Definition.--In this section, the term ``State'' means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.]
[SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.
[(a) Center.--From funds made available to carry out this
subpart under section 4003(2), the Secretary, the Attorney
General, and the Secretary of Energy may enter into an
agreement for the establishment at the Sandia National
Laboratories, in partnership with the National Law Enforcement
and Corrections Technology Center--Southeast and the National
Center for Rural Law Enforcement in Little Rock, Arkansas, of a
center to be known as the ``School Security Technology and
Resource Center'' (hereafter in this section ``the Center'').
[(b) Administration.--The Center established under
subsection (a) shall be administered by the Attorney General.
[(c) Functions.--The center established under subsection
(a) shall be a resource to local educational agencies for
school security assessments, security technology development,
evaluation and implementation, and technical assistance
relating to improving school security. The Center will also
conduct and publish school violence research, coalesce data
from victim communities, and monitor and report on schools that
implement school security strategies.]
[SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.
[(a) Establishment.--From funds made available to carry out
this subpart under section 4003(2), the Secretary of Education
and the Attorney General may jointly establish a National
Center for School and Youth Safety (in this section referred to
as the ``Center''). The Secretary of Education and the Attorney
General may establish the Center at an existing facility, if
the facility has a history of performing two or more of the
duties described in subsection (b). The Secretary of Education
and the Attorney General shall jointly appoint a Director of
the Center to oversee the operation of the Center.
[(b) Duties.--The Center shall carry out emergency
response, anonymous student hotline, consultation, and
information and outreach activities with respect to elementary
and secondary school safety, including the following:
[(1) Emergency response.--The staff of the Center,
and such temporary contract employees as the Director
of the Center shall determine necessary, shall offer
emergency assistance to local communities to respond to
school safety crises. Such assistance shall include
counseling for victims and the community, assistance to
law enforcement to address short-term security
concerns, and advice on how to enhance school safety,
prevent future incidents, and respond to future
incidents.
[(2) Anonymous student hotline.--The Center shall
establish a toll-free telephone number for students to
report criminal activity, threats of criminal activity,
and other high-risk behaviors such as substance abuse,
gang or cult affiliation, depression, or other warning
signs of potentially violent behavior. The Center shall
relay the reports, without attribution, to local law
enforcement or appropriate school hotlines. The
Director of the Center shall work with the Attorney
General to establish guidelines for Center staff to
work with law enforcement around the Nation to relay
information reported through the hotline.
[(3) Consultation.--The Center shall establish a
toll-free number for the public to contact staff of the
Center for consultation regarding school safety. The
Director of the Center shall hire administrative staff
and individuals with expertise in enhancing school
safety, including individuals with backgrounds in
counseling and psychology, education, law enforcement
and criminal justice, and community development to
assist in the consultation.
[(4) Information and outreach.--The Center shall
compile information about the best practices in school
violence prevention, intervention, and crisis
management, and shall serve as a clearinghouse for
model school safety program information. The staff of
the Center shall work to ensure local governments,
school officials, parents, students, and law
enforcement officials and agencies are aware of the
resources, grants, and expertise available to enhance
school safety and prevent school crime. The staff of
the Center shall give special attention to providing
outreach to rural and impoverished communities.]
[SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.
[(a) In General.--The Secretary, in consultation with the
Administrator of the Substance Abuse and Mental Health Services
Administration, may award grants from funds made available to
carry out this subpart under section 4003(2), on a competitive
basis, to local educational agencies to enable such agencies to
develop and implement innovative and effective programs to
reduce alcohol abuse in secondary schools.
[(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including--
[(1) a description of the activities to be carried
out under the grant;
[(2) an assurance that such activities will include
one or more of the proven strategies for reducing
underage alcohol abuse as determined by the Substance
Abuse and Mental Health Services Administration;
[(3) an explanation of how activities to be carried
out under the grant that are not described in paragraph
(2) will be effective in reducing underage alcohol
abuse, including references to the past effectiveness
of such activities;
[(4) an assurance that the applicant will submit to
the Secretary an annual report concerning the
effectiveness of the programs and activities funded
under the grant; and
[(5) such other information as the Secretary
determines appropriate.
[(c) Streamlining of Process for Low-Income and Rural
LEAs.--The Secretary, in consultation with the Administrator of
the Substance Abuse and Mental Health Services Administration,
shall develop procedures to make the application process for
grants under this section more user-friendly, particularly for
low-income and rural local educational agencies.
[(d) Reservations.--
[(1) SAMHSA.--The Secretary may reserve 20 percent
of any amount used to carry out this section to enable
the Administrator of the Substance Abuse and Mental
Health Services Administration to provide alcohol abuse
resources and start-up assistance to local educational
agencies receiving grants under this section.
[(2) Low-income and rural areas.--The Secretary may
reserve 25 percent of any amount used to carry out this
section to award grants to low-income and rural local
educational agencies.]
[SEC. 4130. MENTORING PROGRAMS.
[(a) Purpose; Definitions.--
[(1) Purpose.--The purpose of this section is to
make assistance available to promote mentoring programs
for children with greatest need--
[(A) to assist such children in receiving
support and guidance from a mentor;
[(B) to improve the academic achievement of
such children;
[(C) to improve interpersonal relationships
between such children and their peers,
teachers, other adults, and family members;
[(D) to reduce the dropout rate of such
children; and
[(E) to reduce juvenile delinquency and
involvement in gangs by such children.
[(2) Definitions.--In this part:
[(A) Child with greatest need.--The term
``child with greatest need'' means a child who
is at risk of educational failure, dropping out
of school, or involvement in criminal or
delinquent activities, or who lacks strong
positive role models.
[(B) Eligible entity.--The term ``eligible
entity'' means--
[(i) a local educational agency;
[(ii) a nonprofit, community-based
organization; or
[(iii) a partnership between a
local educational agency and a
nonprofit, community-based
organization.
[(C) Mentor.--The term ``mentor'' means a
responsible adult, a postsecondary school
student, or a secondary school student who
works with a child--
[(i) to provide a positive role
model for the child;
[(ii) to establish a supportive
relationship with the child; and
[(iii) to provide the child with
academic assistance and exposure to new
experiences and examples of opportunity
that enhance the ability of the child
to become a responsible adult.
[(D) State.--The term ``State'' means each
of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands.
[(b) Grant Program.--
[(1) In general.--The Secretary may award grants
from funds made available to carry out this subpart
under section 4003(2) to eligible entities to assist
such entities in establishing and supporting mentoring
programs and activities for children with greatest need
that--
[(A) are designed to link such children
(particularly children living in rural areas,
high-crime areas, or troubled home
environments, or children experiencing
educational failure) with mentors who--
[(i) have received training and
support in mentoring;
[(ii) have been screened using
appropriate reference checks, child and
domestic abuse record checks, and
criminal background checks; and
[(iii) are interested in working
with children with greatest need; and
[(B) are intended to achieve one or more of
the following goals with respect to children
with greatest need:
[(i) Provide general guidance.
[(ii) Promote personal and social
responsibility.
[(iii) Increase participation in,
and enhance the ability to benefit
from, elementary and secondary
education.
[(iv) Discourage illegal use of
drugs and alcohol, violence, use of
dangerous weapons, promiscuous
behavior, and other criminal, harmful,
or potentially harmful activity.
[(v) Encourage participation in
community service and community
activities.
[(vi) Encourage setting goals and
planning for the future, including
encouragement of graduation from
secondary school and planning for
postsecondary education or training.
[(viii) Discourage involvement in
gangs.
[(2) Use of funds.--
[(A) In general.--Each eligible entity
awarded a grant under this subsection shall use
the grant funds for activities that establish
or implement a mentoring program, that may
include--
[(i) hiring of mentoring
coordinators and support staff;
[(ii) providing for the
professional development of mentoring
coordinators and support staff;
[(iii) recruitment, screening, and
training of mentors;
[(iv) reimbursement to schools, if
appropriate, for the use of school
materials or supplies in carrying out
the mentoring program;
[(v) dissemination of outreach
materials;
[(vi) evaluation of the mentoring
program using scientifically based
methods; and
[(vii) such other activities as the
Secretary may reasonably prescribe by
rule.
[(B) Prohibited uses.--Notwithstanding
subparagraph (A), an eligible entity awarded a
grant under this section may not use the grant
funds--
[(i) to directly compensate
mentors;
[(ii) to obtain educational or
other materials or equipment that would
otherwise be used in the ordinary
course of the eligible entity's
operations;
[(iii) to support litigation of any
kind; or
[(iv) for any other purpose
reasonably prohibited by the Secretary
by rule.
[(3) Availability of funds.--Funds made available
through a grant under this section shall be available
for obligation for a period not to exceed 3 years.
[(4) Application.--Each eligible entity seeking a
grant under this section shall submit to the Secretary
an application that includes--
[(A) a description of the plan for the
mentoring program the eligible entity proposes
to carry out with such grant;
[(B) information on the children expected
to be served by the mentoring program for which
such grant is sought;
[(C) a description of the mechanism the
eligible entity will use to match children with
mentors based on the needs of the children;
[(D) an assurance that no mentor will be
assigned to mentor so many children that the
assignment will undermine the mentor's ability
to be an effective mentor or the mentor's
ability to establish a close relationship (a
one-to-one relationship, where practicable)
with each mentored child;
[(E) an assurance that the mentoring
program will provide children with a variety of
experiences and support, including--
[(i) emotional support;
[(ii) academic assistance; and
[(iii) exposure to experiences that
the children might not otherwise
encounter on their own;
[(F) an assurance that the mentoring
program will be monitored to ensure that each
child assigned a mentor benefits from that
assignment and that the child will be assigned
a new mentor if the relationship between the
original mentor and the child is not beneficial
to the child;
[(G) information regarding how mentors and
children will be recruited to the mentoring
program;
[(H) information regarding how prospective
mentors will be screened;
[(I) information on the training that will
be provided to mentors; and
[(J) information on the system that the
eligible entity will use to manage and monitor
information relating to the mentoring
program's--
[(i) reference checks;
[(ii) child and domestic abuse
record checks;
[(iii) criminal background checks;
and
[(iv) procedure for matching
children with mentors.
[(5) Selection.--
[(A) Competitive basis.--In accordance with
this subsection, the Secretary shall award
grants to eligible entities on a competitive
basis.
[(B) Priority.--In awarding grants under
subparagraph (A), the Secretary shall give
priority to each eligible entity that--
[(i) serves children with greatest
need living in rural areas, high-crime
areas, or troubled home environments,
or who attend schools with violence
problems;
[(ii) provides high quality
background screening of mentors,
training of mentors, and technical
assistance in carrying out mentoring
programs; or
[(iii) proposes a school-based
mentoring program.
[(C) Other considerations.--In awarding
grants under subparagraph (A), the Secretary
shall also consider--
[(i) the degree to which the
location of the mentoring program
proposed by each eligible entity
contributes to a fair distribution of
mentoring programs with respect to
urban and rural locations;
[(ii) the quality of the mentoring
program proposed by each eligible
entity, including--
[(I) the resources, if any,
the eligible entity will
dedicate to providing children
with opportunities for job
training or postsecondary
education;
[(II) the degree to which
parents, teachers, community-
based organizations, and the
local community have
participated, or will
participate, in the design and
implementation of the proposed
mentoring program;
[(III) the degree to which
the eligible entity can ensure
that mentors will develop
longstanding relationships with
the children they mentor;
[(IV) the degree to which
the mentoring program will
serve children with greatest
need in the 4th through 8th
grades; and
[(V) the degree to which
the mentoring program will
continue to serve children from
the 9th grade through
graduation from secondary
school, as needed; and
[(iii) the capability of each
eligible entity to effectively
implement its mentoring program.
[(D) Grant to each state.--Notwithstanding
any other provision of this subsection, in
awarding grants under subparagraph (A), the
Secretary shall select not less than one grant
recipient from each State for which there is an
eligible entity that submits an application of
sufficient quality pursuant to paragraph (4).
[(6) Model screening guidelines.--
[(A) In general.--Based on model screening
guidelines developed by the Office of Juvenile
Programs of the Department of Justice, the
Secretary shall develop and distribute to each
eligible entity awarded a grant under this
section specific model guidelines for the
screening of mentors who seek to participate in
mentoring programs assisted under this section.
[(B) Background checks.--The guidelines
developed under this subsection shall include,
at a minimum, a requirement that potential
mentors be subject to reference checks, child
and domestic abuse record checks, and criminal
background checks.
[Subpart 3--Gun Possession]
[SEC. 4141. GUN-FREE REQUIREMENTS.
[(a) Short Title.--[This subpart may be cited as the ``Gun-
Free Schools Act''.
[(b) Requirements.--
](1) In general.--Each State receiving Federal
funds under any title of this Act shall have in effect
a State law requiring local educational agencies to
expel from school for a period of not less than 1 year
a student who is determined to have brought a firearm
to a school, or to have possessed a firearm at a
school, under the jurisdiction of local educational
agencies in that State, except that such State law
shall allow the chief administering officer of a local
educational agency to modify such expulsion requirement
for a student on a case-by-case basis if such
modification is in writing.
[(2) Construction.--Nothing in this subpart shall
be construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
[(3) Definition.--For the purpose of this section,
the term ``firearm'' has the same meaning given such
term in section 921(a) of title 18, United States Code.
[(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
[(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under any
title of this Act shall provide to the State, in the
application requesting such assistance--
[(1) an assurance that such local educational
agency is in compliance with the State law required by
subsection (b); and
[(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
[(A) the name of the school concerned;
[(B) the number of students expelled from
such school; and
[(C) the type of firearms concerned.
[(e) Reporting.--Each State shall report the information
described in subsection (d) to the Secretary on an annual
basis.
[(f) Definition.--For the purpose of subsection (d), the
term ``school'' means any setting that is under the control and
supervision of the local educational agency for the purpose of
student activities approved and authorized by the local
educational agency.
[(g) Exception.--Nothing in this section shall apply to a
firearm that is lawfully stored inside a locked vehicle on
school property, or if it is for activities approved and
authorized by the local educational agency and the local
educational agency adopts appropriate safeguards to ensure
student safety.
[(h) Policy Regarding Criminal Justice System Referral.--
[(1) In general.--No funds shall be made available
under any title of this Act to any local educational
agency unless such agency has a policy requiring
referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm
or weapon to a school served by such agency.
[(2) Definition.--For the purpose of this
subsection, the term ``school'' has the same meaning
given to such term by section 921(a) of title 18,
United States Code.]
[Subpart 4--General Provisions
[SEC. 4151. DEFINITIONS.
[In this part:
[(1) Controlled substance.--The term ``controlled
substance'' means a drug or other substance identified
under Schedule I, II, III, IV, or V in section 202(c)
of the Controlled Substances Act (21 U.S.C. 812(c)).
[(2) Drug.--The term ``drug'' includes controlled
substances; the illegal use of alcohol and tobacco; and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
[(3) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
[(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
education related to the illegal use of drugs;
[(B) with respect to violence, the
promotion of school safety, such that students
and school personnel are free from violent and
disruptive acts, including sexual harassment
and abuse, and victimization associated with
prejudice and intolerance, on school premises,
going to and from school, and at school-
sponsored activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
[(4) Hate crime.--The term ``hate crime'' means a
crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
[(5) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution means
a school, agency, organization, or institution owned
and operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
[(6) Protective factor, buffer, or asset.--The
terms ``protective factor'', ``buffer'', and ``asset''
mean any one of a number of the community, school,
family, or peer-individual domains that are known,
through prospective, longitudinal research efforts, or
which are grounded in a well-established theoretical
model of prevention, and have been shown to prevent
alcohol, tobacco, or illegal drug use, as well as
violent behavior, by youth in the community, and which
promote positive youth development.
[(7) Risk factor.--The term ``risk factor'' means
any one of a number of characteristics of the
community, school, family, or peer-individual domains
that are known, through prospective, longitudinal
research efforts, to be predictive of alcohol, tobacco,
and illegal drug use, as well as violent behavior, by
youth in the school and community.
[(8) School-aged population.--The term ``school-
aged population'' means the population aged five
through 17, as determined by the Secretary on the basis
of the most recent satisfactory data available from the
Department of Commerce.
[(9) School based mental health services
provider.--The term ``school based mental health
services provider'' includes a State licensed or State
certified school counselor, school psychologist, school
social worker, or other State licensed or certified
mental health professional qualified under State law to
provide such services to children and adolescents.
[(10) School personnel.--The term ``school
personnel'' includes teachers, principals,
administrators, counselors, social workers,
psychologists, nurses, librarians, and other support
staff who are employed by a school or who perform
services for the school on a contractual basis.
[(11) School resource officer.--The term ``school
resource officer'' means a career law enforcement
officer, with sworn authority, deployed in community
oriented policing, and assigned by the employing police
department to a local educational agency to work in
collaboration with schools and community based
organizations to--
[(A) educate students in crime and illegal
drug use prevention and safety;
[(B) develop or expand community justice
initiatives for students; and
[(C) train students in conflict resolution,
restorative justice, and crime and illegal drug
use awareness.]
[SEC. 4152. MESSAGE AND MATERIALS.
[(a) ``Wrong and Harmful'' Message.--Drug and violence
prevention programs supported under this part shall convey a
clear and consistent message that the illegal use of drugs and
acts of violence are wrong and harmful.
[(b) Curriculum.--The Secretary shall not prescribe the use
of specific curricula for programs supported under this part.]
[SEC. 4153. PARENTAL CONSENT.
[Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity funded
under this part. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of the
content of such programs or activities funded under this part,
other than classroom instruction.]
[SEC. 4154. PROHIBITED USES OF FUNDS.
[No funds under this part may be used for--
[(1) construction (except for minor remodeling
needed to accomplish the purposes of this part); or
[(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of, or
witnesses to, crime or who illegally use drugs.]
[SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
[(a) Nonapplication of Provisions.--This section shall not
apply to any disciplinary records with respect to a suspension
or expulsion that are transferred from a private, parochial or
other nonpublic school, person, institution, or other entity,
that provides education below the college level.
[(b) Disciplinary Records.--In accordance with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
not later than 2 years after the date of enactment of this
part, each State receiving Federal funds under this Act shall
provide an assurance to the Secretary that the State has a
procedure in place to facilitate the transfer of disciplinary
records, with respect to a suspension or expulsion, by local
educational agencies to any private or public elementary school
or secondary school for any student who is enrolled or seeks,
intends, or is instructed to enroll, on a full- or part-time
basis, in the school.]
PART A--GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES
SEC. 4101. PURPOSE.
The purpose of this part is to improve students' safety,
health, well-being, and academic achievement during and after
the school day by--
(1) increasing the capacity of local educational
agencies, schools, and local communities to improve
conditions for learning through the creation of safe,
healthy, supportive, and drug-free environments;
(2) carrying out programs designed to improve
school safety and promote students' physical and mental
health and well-being;
(3) preventing and reducing substance use and
abuse, school violence, harassment, and bullying; and
(4) strengthening parent and community engagement
to ensure a healthy, safe, and supportive school
environment.
SEC. 4102. DEFINITIONS.
In this part:
(1) Controlled substance.--The term ``controlled
substance'' means a drug or other substance identified
under Schedule I, II, III, IV, or V in section 202(c)
of the Controlled Substances Act (21 U.S.C. 812(c)).
(2) Drug.--The term ``drug'' includes controlled
substances, the illegal use of alcohol or tobacco, and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
(3) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
education related to the illegal use of drugs;
and
(B) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored
activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
(4) School-based mental health services provider.--
The term ``school-based mental health services
provider'' includes a State licensed or State certified
school counselor, school psychologist, school social
worker, or other State licensed or certified mental
health professional qualified under State law to
provide such mental health services to children and
adolescents, including children in early childhood
education programs.
(5) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 4103. FORMULA GRANTS TO STATES.
(a) Reservations.--From the total amount appropriated under
section 4108 for a fiscal year, the Secretary shall reserve--
(1) not more than 5 percent for national
activities, which the Secretary may carry out directly
or through grants, contracts, or agreements with public
or private entities or individuals, or other Federal
agencies, such as providing technical assistance to
States and local educational agencies carrying out
activities under this part or conducting a national
evaluation;
(2) one-half of 1 percent for allotments for the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, to be
distributed among those outlying areas on the basis of
their relative need, as determined by the Secretary, in
accordance with the purpose of this part;
(3) one-half of 1 percent for the Secretary of the
Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education;
and
(4) such funds as may be necessary for the Project
School Emergency Response to Violence program (referred
to as `Project SERV'), which is authorized to provide
education-related services to local educational
agencies and institutions of higher education in which
the learning environment has been disrupted due to a
violent or traumatic crisis, and which funds shall
remain available for obligation until expended.
(b) State Allotments.--
(1) Allotment.--
(A) In general.--In accordance with
subparagraph (B), the Secretary shall allot
among each of the States the total amount made
available to carry out this part for any fiscal
year and not reserved under subsection (a).
(B) Determination of state allotment
amounts.--Subject to paragraph (2), the
Secretary shall allot the amount made available
under subparagraph (A) for a fiscal year among
the States in proportion to the number of
individuals, aged 5 to 17, who reside within
the State and are from families with incomes
below the poverty line for the most recent
fiscal year for which satisfactory data are
available, compared to the number of such
individuals who reside in all such States for
that fiscal year.
(2) Small state minimum.--No State receiving an
allotment under paragraph (1) shall receive less than
one-half of 1 percent of the total amount allotted
under such paragraph.
(3) Puerto rico.--The amount allotted under
subparagraph (A) to the Commonwealth of Puerto Rico for
a fiscal year may not exceed one-half of 1 percent of
the total amount allotted under such subparagraph.
(4) Reallotment.--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 section.
(c) State Use of Funds.--
(1) In general.--Each State that receives an
allotment under this section shall reserve not less
than 95 percent of the amount allotted to such State
under subsection (b), for each fiscal year, for
subgrants to local educational agencies, which may
include consortia of such agencies, under section 4104.
(2) State administration.--A State educational
agency shall use not more than 1 percent of the amount
made available to the State under subsection (b) for
the administrative costs of carrying out its
responsibilities under this part.
(3) State activities.--A State educational agency
shall use the amount made available to the State under
subsection (b) and not reserved under paragraph (1) for
activities and programs designed to meet the purposes
of this part, which--
(A) shall include--
(i) providing training, technical
assistance, and capacity building to
local educational agencies that are
recipients of a subgrant under section
4104, which may include identifying and
disseminating best practices for
professional development and capacity
building for teachers, administrators,
and specialized instructional support
personnel in schools that are served by
local educational agencies under this
part; and
(ii) publicly reporting on how
funds made available under this part
are being expended by local educational
agencies under section 4104; and
(B) may include--
(i) identifying and eliminating
State barriers to the coordination and
integration of programs, initiatives,
and funding streams that meet the
purposes of this part, so that local
educational agencies can better
coordinate with other agencies, schools
and community-based services and
programs;
(ii) assisting local educational
agencies to expand access to or
coordination of resources for school-
based counseling and mental health
programs, such as through school-based
mental health services partnership
programs described in section
4105(a)(4);
(iii) supporting programs and
activities that offer a variety of
well-rounded educational experiences to
students;
(iv) supporting activities that
promote physical and mental health and
well-being for students and staff;
(v) designing and implementing a
grant process for local entities that
wish to use funds to reduce
exclusionary discipline practices in
elementary schools and secondary
schools, in a manner consistent with
State or federally identified best
practices on the subject; and
(vi) other activities identified by
the State that meet the purposes of
this part.
(d) State Plan.--
(1) In general.--In order to receive an allotment
under this section for any fiscal year, a State shall
submit a plan to the Secretary, at such time and in
such manner as the Secretary may reasonably require.
(2) Contents.--Each plan submitted by a State under
this section shall include the following:
(A) A description of how the State
educational agency will use funds received
under this part for State-level activities.
(B) A description of program objectives and
outcomes for activities under this part.
(C) An assurance that the State educational
agency will review existing resources and
programs across the State and will coordinate
any new plans and resources under this part
with such existing programs and resources.
(D) An assurance that the State educational
agency will monitor the implementation of
activities under this part and provide
technical assistance to local educational
agencies in carrying out such activities.
(3) Annual report.--Each State receiving a grant
under this part shall annually prepare and submit a
report to the Secretary, which shall include--
(A) how the State and local educational
agencies used funds provided under this part;
and
(B) the degree to which the State and local
educational agencies have made progress toward
meeting the objectives and outcomes described
in the plan submitted by the State under
paragraph (2)(B).
CAROLYN STARTS HERE --- DOUBLE CHECK FOR DUPLICATE BELOW WHEN
MERGING OUR DOCUMENTS******
SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Allocations to Local Educational Agencies.--
(1) In general.--A State that receives an allotment
under this part for a fiscal year shall provide the
amount made available under section 4103(c)(1) for
subgrants to local educational agencies, which may
include consortia of such agencies, in accordance with
this section.
(2) Funds to local educational agencies.--From the
funds reserved by a State under section 4103(c)(1), the
State shall allocate to each local educational agency
or consortium of such agencies in the State an amount
that bears the same relationship to such funds as the
number of individuals aged 5 to 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 such individuals in the geographic
areas served by all the local educational agencies in
the State, as so determined.
(3) Administrative costs.--Of the amount received
under paragraph (2), a local educational agency or
consortium of such agencies may use not more than 2
percent for the direct administrative costs of carrying
out its responsibilities under this part.
(b) Local Applications.--
(1) In general.--To be eligible to receive a
subgrant under this section, a local educational agency
or consortium of such agencies 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) Consultation.--
(A) In general.--A local educational agency
or consortium of such agencies shall conduct a
needs assessment described in paragraph (3),
and develop its application, through
consultation with parents, teachers,
principals, school leaders, specialized
instructional support personnel, early
childhood educators, students, community-based
organizations, local government
representatives, Indian tribes or tribal
organizations (if applicable) that may be
located in the region served by the local
educational agency, and others with relevant
and demonstrated expertise in programs and
activities designed to meet the purpose of this
part.
(B) Continued consultation.--On an ongoing
basis, the local educational agency or
consortium of such agencies shall consult with
the individuals and organizations described in
subparagraph (A) in order to seek advice
regarding how best--
(i) to improve the local activities
in order to meet the purpose of this
part; and
(ii) to coordinate such activities
under this part with other related
strategies, programs, and activities
being conducted in the community.
(3) Needs assessment.--
(A) In general.--To be eligible to receive
a subgrant under this section, a local
educational agency or consortium of such
agencies shall conduct a comprehensive needs
assessment of the local educational agency or
agencies proposed to be served and of all
schools within the jurisdiction of the local
educational agency or agencies proposed to be
served.
(B) Requirements.--In conducting the needs
assessment required under subparagraph (A), the
local educational agency or consortium of such
agencies shall take into account--
(i) applicable and available
school-level data on indicators or
measures of school quality, climate and
safety, and discipline, including those
described in section 1111(d)(1)(C)(v);
and
(ii) risk factors in the community,
school, family, or peer-individual
domains that are known, through
prospective, longitudinal research
efforts, to be predictive of drug use,
violent behavior, harassment,
disciplinary issues, and having an
effect on the physical and mental
health and well-being of youth in the
school and community.
(4) Contents.--Each application submitted under
this subsection shall be based on the needs assessment
described in paragraph (3) and shall include the
following:
(A) The results of the needs assessment
described in paragraph (3) and an
identification of each school that will be
served by a subgrant under this section.
(B) A description of the activities that
the local educational agency or consortium of
such agencies will carry out under this part
and how these activities are aligned with the
results of the needs assessment conducted under
paragraph (3).
(C) A description of the performance
indicators that the local educational agency or
consortium of such agencies will use to
evaluate the effectiveness of the activities
carried out under this section.
(D) An assurance that such activities will
comply with the principles of effectiveness
described in section 4105(b), and foster a
healthy, safe, and supportive school
environment that improves students' safety,
health, and well-being during and after the
school day.
(E) An assurance that the local educational
agency or consortium of such agencies will
prioritize the distribution of funds to schools
served by the local educational agency or
consortium of such agencies that--
(i) are among the schools with the
greatest needs as identified through
the needs assessment conducted under
paragraph (3);
(ii) have the highest percentages
or numbers of children counted under
section 1124(c);
(iii) are identified under section
1114(a)(1)(A); or
(iv) are identified as a
persistently dangerous public
elementary school or secondary school
under section 9532.
(F) An assurance that the local educational
agency or consortium of such agencies will
comply with section 9501 (regarding equitable
participation by private school children and
teachers).
SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.
(a) Local Educational Agency Activities.--A local
educational agency or consortium of such agencies that receives
a subgrant under section 4104 shall use the subgrant funds to
develop, implement, and evaluate comprehensive programs and
activities, which are coordinated with other schools and
community-based services and programs and may be conducted in
partnership with nonprofit organizations with a demonstrated
track-record of success in implementing activities, that are in
accordance with the purpose of this part and--
(1) foster safe, healthy, supportive, and drug-free
environments that support student academic achievement;
(2) are consistent with the principles of
effectiveness described in subsection (b);
(3) promote the involvement of parents in the
activity or program, as appropriate; and
(4) may include, among other programs and
activities--
(A) drug and violence prevention activities
and programs, including professional
development and training for school and
specialized instructional support personnel and
interested community members in prevention,
education, early identification, and
intervention mentoring, and, where appropriate,
rehabilitation referral, as related to drug and
violence prevention;
(B) programs that support extended learning
opportunities, including before and after
school programs and activities, programs during
summer recess periods, and expanded learning
time;
(C) in accordance with subsections (c) and
(d), school-based mental health services,
including early identification of mental-health
symptoms, drug use and violence, and
appropriate referrals to direct individual or
group counseling services provided by qualified
school or community-based mental health
services providers;
(D) in accordance with subsections (c) and
(d), school-based mental health services
partnership programs that--
(i) are conducted in partnership
with a public or private mental-health
entity or health care entity, which may
also include a child welfare agency,
family-based mental health entity,
trauma network, or other community-
based entity; and
(ii) provide comprehensive school-
based mental health services and
supports and staff development for
school and community personnel working
in the school that are based on trauma-
informed and evidence practices, are
coordinated (where appropriate) with
early intervening services carried out
under the Individuals with Disabilities
Education Act, are provided by
qualified mental and behavioral health
professionals who are certified or
licensed by the State involved and
practicing within their area of
expertise, and may include--
(I) the early
identification of social,
emotional, or behavioral
problems, or substance use
disorders, and the provision of
early intervening services;
(II) notwithstanding
section 4107, the treatment or
referral for treatment of
students with social,
emotional, or behavioral health
problems, or substance use
disorders;
(III) the development and
implementation of programs to
assist children in dealing with
trauma and violence; and
(IV) the development of
mechanisms, based on best
practices, for children to
report incidents of violence or
plans by other children or
adults to commit violence;
(E) emergency planning and intervention
services following traumatic crisis events;
(F) programs that train school personnel to
identify warning signs of youth drug abuse and
suicide;
(G) mentoring programs and activities for
children who are at risk of academic failure,
dropping out of school, or involvement in
criminal or delinquent activities, drug use and
abuse, or who lack strong positive role models;
(H) early childhood, elementary school, and
secondary school counseling programs, including
college and career guidance programs, such as
financial literacy and Federal financial aid
awareness efforts;
(I) programs or activities that support a
healthy, active lifestyle, including
nutritional education and regular, structured
physical education programs for early
childhood, elementary school, and secondary
school students;
(J) implementation of schoolwide positive
behavioral interventions and supports,
including through coordination with similar
activities carried out under the Individuals
with Disabilities Education Act, in order to
improve academic outcomes for students and
reduce the need for suspensions, expulsions,
and other actions that remove students from
instruction;
(K) programs and activities that offer a
variety of well-rounded educational experience
for students, such as those that--
(i) use music and the arts as tools
to promote constructive student
engagement, problem solving, and
conflict resolution; or
(ii) further students'
understanding of and knowledge in
computer science from elementary school
through secondary school;
(L) systems of high-capacity, integrated
student supports;
(M) strategies that establish learning
environments to further students' academic and
nonacademic skills essential for school
readiness and academic success, such as by
providing integrated systems of student and
family supports and building teacher,
principal, and other school leader capacity;
(N) bullying and harassment prevention
programs or activities, including professional
development and training for school and
specialized instructional support personnel in
the prevention, early identification, and early
intervention, as related to bullying and
harassment;
(O) programs or activities designed to
increase school safety and climate, including
conflict resolution practices, crisis
management techniques, and other school-based
violence prevention strategies;
(P) pay for success initiatives that
produce a measurable, clearly defined outcome
that results in social benefit and direct cost
savings to the local, State, or Federal
Government; and
(Q) other activities and programs
identified as necessary by the local
educational agency through the needs assessment
conducted under section 4104(b)(3) that will
increase student achievement and otherwise meet
the purpose of this part.
(b) Principles of Effectiveness.--
(1) In general.--For a program or activity
developed or carried out under this part to meet the
principles of effectiveness, such program or activity
shall--
(A) be based upon an assessment of
objective data regarding the need for programs
and activities in the early childhood,
elementary school, secondary school, or
community to be served to--
(i) improve school safety and
promote students' physical and mental
health and well-being, healthy eating
and nutrition, and physical fitness;
and
(ii) strengthen parent and
community engagement to ensure a
healthy, safe, and supportive school
environment;
(B) be based upon established State
requirements and evidence-based criteria aimed
at ensuring a healthy, safe, and supportive
school environment for students in the early
childhood, elementary school, secondary school,
or community that will be served by the
program; and
(C) include meaningful and ongoing
consultation with and input from teachers,
principals, school leaders, and parents in the
development of the application and
administration of the program or activity.
(2) Periodic evaluation.--
(A) In general.--The program or activity
shall undergo a periodic independent, third
party evaluation to assess the extent to which
the program or activity has helped the local
educational agency or school provide students
with a healthy, safe, and supportive school
environment that promotes school safety and
students' physical and mental health and well-
being.
(B) Use of results.--The local educational
agency or consortium of such agencies shall
ensure that the results of the periodic
evaluations described under subparagraph (A)
are--
(i) used to refine, improve, and
strengthen the program or activity, and
to refine locally determined criteria
described under paragraph (1)(B); and
(ii) made available to the public
and the State.
(3) Prohibition.--Nothing in this subsection shall
be construed to authorize the Secretary or any other
officer or employee of the Federal Government to
mandate, direct, or control, the principles of
effectiveness developed or utilized by a local
educational agency under this subsection.
(c) Parental Consent.--
(1) In general.--Each local educational agency
receiving a subgrant under this part shall obtain prior
written, informed consent from the parent of each child
who is under 18 years of age to participate in any
mental-health assessment service or treatment that is
funded under this part and conducted in connection with
an elementary school or secondary school under this
part.
(2) Exception.--Notwithstanding paragraph (1), the
written, informed consent described in such paragraph
shall not be required in--
(A) an emergency, where it is necessary to
protect the immediate health and safety of the
student, other students, or school personnel;
or
(B) other instances where parental consent
cannot be reasonably obtained, as defined by
the Secretary.
(d) Privacy.--Each local educational agency receiving a
subgrant under this part shall ensure that student mental
health records are accorded the privacy protections provided
under section 444 of the General Education Provisions Act (20
U.S.C. 1232g)(commonly referred to as the ``Family Educational
Rights and Privacy Act of 1974'').
SEC. 4106. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this part shall be used to
supplement, and not supplant, non-Federal funds that would
otherwise be used for activities authorized under this part.
SEC. 4107. PROHIBITIONS.
(a) Prohibited Use of Funds.--No funds under this part may
be used for--
(1) construction; or
(2) medical services or drug treatment or
rehabilitation, except for integrated student supports
or referral to treatment for impacted students, which
may include students who are victims of, or witnesses
to, crime or who illegally use drugs.
(b) Prohibition on Mandatory Medication.--No child shall be
required to obtain a prescription for a substance covered by
the Controlled Substances Act (21 U.S.C. 801 et seq.) as a
condition of receiving an evaluation, services, or attending a
school receiving assistance under this part.
SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
[PART B--21ST CENTURY COMMUNITY LEARNING CENTERS]
[SEC. 4201. PURPOSE; DEFINITIONS.
[(a) Purpose.--The purpose of this part is to provide
opportunities for communities to establish or expand activities
in community learning centers that--
[(1) provide opportunities for academic enrichment,
including providing tutorial services to help students,
particularly students who attend low-performing
schools, to meet State and local student academic
achievement standards in core academic subjects, such
as reading and mathematics;
[(2) offer students a broad array of additional
services, programs, and activities, such as youth
development activities, drug and violence prevention
programs, counseling programs, art, music, and
recreation programs, technology education programs, and
character education programs, that are designed to
reinforce and complement the regular academic program
of participating students; and
[(3) offer families of students served by community
learning centers opportunities for literacy and related
educational development.
[(b) Definitions.--In this part:
[(1) Community learning center.--The term
``community learning center'' means an entity that--
[(A) assists students in meeting State and
local academic achievement standards in core
academic subjects, such as reading and
mathematics, by providing the students with
opportunities for academic enrichment
activities and a broad array of other
activities (such as drug and violence
prevention, counseling, art, music, recreation,
technology, and character education programs)
during nonschool hours or periods when school
is not in session (such as before and after
school or during summer recess) that reinforce
and complement the regular academic programs of
the schools attended by the students served;
and
[(B) offers families of students served by
such center opportunities for literacy and
related educational development.
[(2) Covered program.--The term ``covered program''
means a program for which--
[(A) the Secretary made a grant under part
I of title X (as such part was in effect on the
day before the date of enactment of the No
Child Left Behind Act of 2001); and
[(B) the grant period had not ended on that
date of enactment.
[(3) Eligible entity.--The term ``eligible entity''
means a local educational agency, community-based
organization, another public or private entity, or a
consortium of two or more of such agencies,
organizations, or entities.
[(4) State.--The term ``State'' means each of the
50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.]
[SEC. 4202. ALLOTMENTS TO STATES.
[(a) Reservation.--From the funds appropriated under
section 4206 for any fiscal year, the Secretary shall reserve--
[(1) such amount as may be necessary to make
continuation awards to grant recipients under covered
programs (under the terms of those grants);
[(2) not more than 1 percent for national
activities, which the Secretary may carry out directly
or through grants and contracts, such as providing
technical assistance to eligible entities carrying out
programs under this part or conducting a national
evaluation; and
[(3) 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 4206 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 section.
[(c) State Use of Funds.--
[(1) 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
subsection (b), for each fiscal year for awards to
eligible entities under section 4204.
[(2) State administration.--A State educational
agency may use not more than 2 percent of the amount
made available to the State under subsection (b) for--
[(A) the administrative costs of carrying
out its responsibilities under this part;
[(B) establishing and implementing a peer
review process for grant applications described
in section 4204(b) (including consultation with
the Governor and other State agencies
responsible for administering youth development
programs and adult learning activities); and
[supervising the awarding of funds to
eligible entities (in consultation with the
Governor and other State agencies responsible
for administering youth development programs
and adult learning activities).
[(3) State activities.--A State educational agency
may use not more than 3 percent of the amount made
available to the State under subsection (b) for the
following activities:
[(A) Monitoring and evaluation of programs
and activities assisted under this part.
[(B) Providing capacity building, training,
and technical assistance under this part.
[(C) Comprehensive evaluation (directly, or
through a grant or contract) of the
effectiveness of programs and activities
assisted under this part.
[(D) Providing training and technical
assistance to eligible entities who are
applicants for or recipients of awards under
this part.]
[SEC. 4203. STATE APPLICATION.
[(a) In General.--In order to receive an allotment under
section 4202 for any fiscal year, a State shall submit to the
Secretary, at such time 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 will make awards under this part
only to eligible entities that propose to serve--
[(A) students who primarily attend--
[(i) schools eligible for
schoolwide programs under section 1114;
or
[(ii) schools that serve a high
percentage of students from low-income
families; and
[(B) the families of students described in
subparagraph (A);
[(4) describes the procedures and criteria the
State educational agency will use for reviewing
applications and awarding funds to eligible entities on
a competitive basis, which shall include procedures and
criteria that take into consideration the likelihood
that a proposed community learning center will help
participating students meet local content and student
academic achievement standards;
[(5) describes how the State educational agency
will ensure that awards made under this part are--
[(A) of sufficient size and scope to
support high-quality, effective programs that
are consistent with the purpose of this part;
and
[(B) in amounts that are consistent with
section 4204(h);
[(6) describes the steps the State educational
agency will take to ensure that programs implement
effective strategies, including providing ongoing
technical assistance and training, evaluation, and
dissemination of promising practices;
[(7) describes how programs under this part will be
coordinated with programs under this Act, and other
programs as appropriate;
[(8) contains an assurance that the State
educational agency--
[(A) will make awards for programs for a
period of not less than 3 years and not more
than 5 years; and
[(B) will require each eligible entity
seeking such an award to submit a plan
describing how the community learning center to
be funded through the award will continue after
funding under this part ends;
[(9) contains an assurance that funds appropriated
to carry out this part will be used to supplement, and
not supplant, other Federal, State, and local public
funds expended to provide programs and activities
authorized under this part and other similar programs;
[(10) contains an assurance that the State
educational agency will require eligible entities to
describe in their applications under section 4204(b)
how the transportation needs of participating students
will be addressed;
[(11) provides an assurance that the application
was developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, and other State agencies administering
before and after school (or summer school) programs,
the heads of the State health and mental health
agencies or their designees, and representatives of
teachers, parents, students, the business community,
and community-based organizations;
[(12) describes the results of the State's needs
and resources assessment for before and after school
activities, which shall be based on the results of on-
going State evaluation activities;
[(13) describes how the State educational agency
will evaluate the effectiveness of programs and
activities carried out under this part, which shall
include, at a minimum--
[(A) a description of the performance
indicators and performance measures that will
be used to evaluate programs and activities;
and
[(B) public dissemination of the
evaluations of programs and activities carried
out under this part; and
[(14) 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. 4204. LOCAL COMPETITIVE GRANT PROGRAM.
[(a) In General.--A State that receives funds under this
part for a fiscal year shall provide the amount made available
under section 4202(c)(1) to eligible entities for community
learning centers in accordance with this part.
[(b) Application.--
[(1) In general.--To be eligible to receive an
award under this part, an eligible entity 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--
[(A) a description of the before and after
school or summer recess activities to be
funded, including--
[(i) an assurance that the program
will take place in a safe and easily
accessible facility;
[(ii) a description of how students
participating in the program carried
out by the community learning center
will travel safely to and from the
center and home; and
[(iii) a description of how the
eligible entity will disseminate
information about the community
learning center (including its
location) to the community in a manner
that is understandable and accessible;
[(B) a description of how the activity is
expected to improve student academic
achievement;
[(C) an identification of Federal, State,
and local programs that will be combined or
coordinated with the proposed program to make
the most effective use of public resources;
[(D) an assurance that the proposed program
was developed, and will be carried out, in
active collaboration with the schools the
students attend;
[(E) a description of how the activities
will meet the principles of effectiveness
described in section 4205(b);
[(F) an assurance that the program will
primarily target students who attend schools
eligible for schoolwide programs under section
1114 and the families of such students;
[(G) an assurance that funds under this
part 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;
[(H) a description of the partnership
between a local educational agency, a
community-based organization, and another
public entity or private entity, if
appropriate;
[(I) an evaluation of the community needs
and available resources for the community
learning center and a description of how the
program proposed to be carried out in the
center will address those needs (including the
needs of working families);
[(J) a demonstration that the eligible
entity has experience, or promise of success,
in providing educational and related activities
that will complement and enhance the academic
performance, achievement, and positive youth
development of the students;
[(K) a description of a preliminary plan
for how the community learning center will
continue after funding under this part ends;
[(L) an assurance that the community 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;
[(M) if the eligible entity plans to use
senior volunteers in activities carried out
through the community learning center, a
description of how the eligible entity will
encourage and use appropriately qualified
seniors to serve as the volunteers; and
[(N) 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 part
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) Permissive Local Match.--
[(1) In general.--A State educational agency may
require an eligible entity 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 or State 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 eligible entity; and
[(B) the ability of the eligible entity to
obtain such matching funds.
[(3) In-kind contributions.--Each State educational
agency that requires an eligible entity to match funds
under this subsection shall permit the eligible entity
to provide all or any portion of such match in the form
of in-kind contributions.
[(4) Consideration.--Notwithstanding this
subsection, a State educational agency shall not
consider an eligible entity's ability to match funds
when determining which eligible entities will receive
awards under this part.
[(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) Geographic Diversity.--To the extent practicable, a
State educational agency shall distribute funds under this part
equitably among geographic areas within the State, including
urban and rural communities.
[(g) Duration of Awards.--Grants under this part may be
awarded for a period of not less than 3 years and not more than
5 years.
[(h) Amount of Awards.--A grant awarded under this part may
not be made in an amount that is less than $50,000.
[(i) Priority.--
[(1) In general.--In awarding grants under this
part, a State educational agency shall give priority to
applications--
[(A) proposing to target services to
students who attend schools that have been
identified as in need of improvement under
section 1116; and
[(B) submitted jointly by eligible entities
consisting of not less than 1--
[(i) local educational agency
receiving funds under part A of title
I; and
[(ii) community-based organization
or other public or private entity.
[(2) Special rule.--The State educational agency
shall provide the same priority under paragraph (1) to
an application submitted by a local educational agency
if the local educational agency demonstrates that it is
unable to partner with a community-based organization
in reasonable geographic proximity and of sufficient
quality to meet the requirements of this part.]
[SEC. 4205. LOCAL ACTIVITIES.
[(a) Authorized Activities.--Each eligible entity that
receives an award under this part may use the award funds to
carry out a broad array of before and after school activities
(including during summer recess periods) that advance student
academic achievement, including--
[(1) remedial education activities and academic
enrichment learning programs, including providing
additional assistance to students to allow the students
to improve their academic achievement;
[(2) mathematics and science education activities;
[(3) arts and music education activities;
[(4) entrepreneurial education programs;
[(5) tutoring services (including those provided by
senior citizen volunteers) and mentoring programs;
[(6) programs that provide after school activities
for limited English proficient students that emphasize
language skills and academic achievement;
[(7) recreational activities;
[(8) telecommunications and technology education
programs;
[(9) expanded library service hours;
[(10) programs that promote parental involvement
and family literacy;
[(11) programs that provide assistance to students
who have been truant, suspended, or expelled to allow
the students to improve their academic achievement; and
[(12) drug and violence prevention programs,
counseling programs, and character education programs.
[(b) Principles of Effectiveness.--
[(1) In general.--For a program or activity
developed pursuant to this part to meet the principles
of effectiveness, such program or activity shall--
[(A) be based upon an assessment of
objective data regarding the need for before
and after school programs (including during
summer recess periods) and activities in the
schools and communities;
[(B) be based upon an established set of
performance measures aimed at ensuring the
availability of high quality academic
enrichment opportunities; and
[(C) if appropriate, be based upon
scientifically based research that provides
evidence that the program or activity will help
students meet the State and local student
academic achievement standards.
[(2) Periodic evaluation.--
[(A) In general.--The program or activity
shall undergo a periodic evaluation to assess
its progress toward achieving its goal of
providing high quality opportunities for
academic enrichment.
[(B) Use of results.--The results of
evaluations under subparagraph (A) shall be--
[(i) used to refine, improve, and
strengthen the program or activity, and
to refine the performance measures; and
[(ii) made available to the public
upon request, with public notice of
such availability provided.]
[SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated--
[(1) $1,250,000,000 for fiscal year 2002;
[(2) $1,500,000,000 for fiscal year 2003;
[(3) $1,750,000,000 for fiscal year 2004;
[(4) $2,000,000,000 for fiscal year 2005;
[(5) $2,250,000,000 for fiscal year 2006; and
[(6) $2,500,000,000 for fiscal year 2007.]
PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 4201. PURPOSE; DEFINITIONS.
(a) Purpose.--The purpose of this part is to provide
opportunities for communities to establish or expand activities
in community learning centers that--
(1) provide opportunities for academic enrichment,
including providing tutorial services to help students,
particularly students who attend low-performing
schools, to meet challenging State academic standards
described in section 1111(b)(1);
(2) offer students a broad array of additional
services, programs, and activities, such as youth
development activities, service learning, nutrition and
health education, drug and violence prevention
programs, counseling programs, art, music, physical
fitness and wellness programs, technology education
programs, financial literacy programs, math, science,
career and technical programs, internship or
apprenticeship programs, and other ties to an in-demand
industry sector or occupation for high school students
that are designed to reinforce and complement the
regular academic program of participating students; and
(3) offer families of students served by community
learning centers opportunities for active and
meaningful engagement in their children's education,
including opportunities for literacy and related
educational development.
(b) Definitions.--In this part:
(1) Community learning center.--The term
``community learning center'' means an entity that--
(A) assists students to meet challenging
State academic standards described in section
1111(b)(1) by providing the students with
academic enrichment activities and a broad
array of other activities (such as programs and
activities described in subsection (a)(2))
during nonschool hours or periods when school
is not in session (such as before and after
school or during summer recess) that--
(i) reinforce and complement the
regular academic programs of the
schools attended by the students
served; and
(ii) are targeted to the students'
academic needs and aligned with the
instruction students receive during the
school day; and
(B) offers families of students served by
such center opportunities for literacy, and
related educational development and
opportunities for active and meaningful
engagement in their children's education.
(2) Covered program.--The term ``covered program''
means a program for which --
(A) the Secretary made a grant under part B
of title IV (as such part was in effect on the
day before the date of enactment of the Every
Child Achieves Act of 2015); and
(B) the grant period had not ended on that
date of enactment.
(3) Eligible entity.--The term '`eligible entity''
means a local educational agency, community-based
organization, Indian tribe or tribal organization (as
such terms are defined in section 4 of the Indian Self-
Determination and Education Act (25 U.S.C. 450b)),
another public or private entity, or a consortium of 2
or more such agencies, organizations, or entities.
(4) External organization.--The term ``external
organization'' means--
(A) a nonprofit organization with a record
of success in running or working with after
school programs; or
(B) in the case of a community where there
is no such organization, a nonprofit
organization in the community that enters into
a formal agreement or partnership with an
organization described in subparagraph (A) to
receive mentoring and guidance.
(5) Rigorous peer-review process.--The term
``rigorous peer-review process'' means a process by
which--
(A) employees of a State educational agency
who are familiar with the 21st century
community learning center program under this
part review all applications that the State
receives for awards under this part for
completeness and applicant eligibility;
(B) the State educational agency selects
peer reviewers for such applications, who
shall--
(i) be selected for their expertise
in providing effective academic,
enrichment, youth development, and
related services to children; and
(ii) not include any applicant, or
representative of an applicant, that
has submitted an application under this
part for the current application
period; and
(C) the peer reviewers described in
subparagraph (B) review and rate the
applications to determine the extent to which
the applications meet the requirements under
sections 4204(b) and 4205.
(6) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 4202. ALLOTMENTS TO STATES.
(a) Reservation.--From the funds appropriated under section
4206 for any fiscal year, the Secretary shall reserve--
(1) such amounts as may be necessary to make
continuation awards to grant recipients under covered
programs (under the terms of those grants);
(2) not more than 1 percent for national
activities, which the Secretary may carry out directly
or through grants and contracts, such as providing
technical assistance to eligible entities carrying out
programs under this part or conducting a national
evaluation; and
(3) 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 4206 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 part.
(c) State Use of Funds.--
(1) In general.--Each State that receives an
allotment under this part shall reserve not less than
93 percent of the amount allotted to such State under
subsection (b), for each fiscal year for awards to
eligible entities under section 4204.
(2) State administration.--A State educational
agency may use not more than 2 percent of the amount
made available to the State under subsection (b) for--
(A) the administrative costs of carrying
out its responsibilities under this part;
(B) establishing and implementing a
rigorous peer-review process for grant
applications described in section 4204(b)
(including consultation with the Governor and
other State agencies responsible for
administering youth development programs and
adult learning activities); and
(C) awarding of funds to eligible entities
(in consultation with the Governor and other
State agencies responsible for administering
youth development programs and adult learning
activities).
(3) State activities.--A State educational agency
may use not more than 5 percent of the amount made
available to the State under subsection (b) for the
following activities:
(A) Monitoring and evaluation of programs
and activities assisted under this part.
(B) Providing capacity building, training,
and technical assistance under this part.
(C) Comprehensive evaluation (directly, or
through a grant or contract) of the
effectiveness of programs and activities
assisted under this part.
(D) Providing training and technical
assistance to eligible entities who are
applicants for or recipients of awards under
this part.
(E) Ensuring that any eligible entity that
receives an award under this part from the
State aligns the activities provided by the
program with State academic standards.
(F) Ensuring that any such eligible entity
identifies and partners with external
organizations, if available, in the community.
(G) Working with teachers, principals,
parents, the local workforce, the local
community, and other stakeholders to review and
improve State policies and practices to support
the implementation of effective programs under
this part.
(H) Coordinating funds received under this
part with other Federal and State funds to
implement high-quality programs.
(I) Providing a list of prescreened
external organizations, as described in section
4203(a)(11).
SEC. 4203. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 4202 for any fiscal year, a State shall submit to the
Secretary, at such time 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--
(A) will make awards under this part to
eligible entities that serve students who
primarily attend schools that have been
identified under section 1114(a)(1)(A) and
other schools determined by the local
educational agency to be in need of
intervention and support and the families of
such students; and
(B) will further give priority to eligible
entities that propose in the application to
serve students described in subclauses (I) and
(II) of section 4204(i)(1)(A)(i);
(4) describes the procedures and criteria the State
educational agency will use for reviewing applications
and awarding funds to eligible entities on a
competitive basis, which shall include procedures and
criteria that take into consideration the likelihood
that a proposed community learning center will help
participating students meet State and local content and
student academic achievement standards;
(5) describes how the State educational agency will
ensure that awards made under this part are--
(A) of sufficient size and scope to support
high-quality, effective programs that are
consistent with the purpose of this part; and
(B) in amounts that are consistent with
section 4204(h);
(6) describes the steps the State educational
agency will take to ensure that programs implement
effective strategies, including providing ongoing
technical assistance and training, evaluation,
dissemination of promising practices, and coordination
of professional development for staff in specific
content areas as well as youth development;
(7) describes how programs under this part will be
coordinated with programs under this Act, and other
programs as appropriate;
(8) contains an assurance that the State
educational agency--
(A) will make awards for programs for a
period of not less than 3 years and not more
than 5 years; and
(B) will require each eligible entity
seeking such an award to submit a plan
describing how the activities to be funded
through the award will continue after funding
under this part ends;
(9) contains an assurance that funds appropriated
to carry out this part will be used to supplement, and
not supplant, other Federal, State, and local public
funds expended to provide programs and activities
authorized under this part and other similar programs;
(10) contains an assurance that the State
educational agency will require eligible entities to
describe in their applications under section 4204(b)
how the transportation needs of participating students
will be addressed;
(11) describes how the State will prescreen
external organizations that could provide assistance in
carrying out the activities under this part, and
develop and make available to eligible entities a list
of external organizations that successfully completed
the prescreening process;
(12) provides--
(A) an assurance that the application was
developed in consultation and coordination with
appropriate State officials, including the
chief State school officer, and other State
agencies administering before and after school
(or summer school) programs, the heads of the
State health and mental health agencies or
their designees, statewide after school
networks (where applicable) and representatives
of teachers, local educational agencies, and
community-based organizations; and
(B) a description of any other
representatives of teachers, parents, students,
or the business community that the State has
selected to assist in the development of the
application, if applicable;
(13) describes the results of the State's needs and
resources assessment for before and after school
activities, which shall be based on the results of on-
going State evaluation activities;
(14) describes how the State educational agency
will evaluate the effectiveness of programs and
activities carried out under this part, which shall
include, at a minimum--
(A) a description of the performance
indicators and performance measures that will
be used to evaluate programs and activities
with emphasis on alignment with the regular
academic program of the school and the academic
needs of participating students, including
performance indicators and measures that--
(i) are able to track student
success and improvement over time;
(ii) include State assessment
results and other indicators of student
success and improvement, such as
improved attendance during the school
day, better classroom grades, regular
(or consistent) program attendance, and
on-time advancement to the next grade
level; and
(iii) for high school students, may
include indicators such as career
competencies, successful completion of
internships or apprenticeships, or
work-based learning opportunities;
(B) a description of how data collected for
the purposes of subparagraph (A) will be
collected; and
(C) public dissemination of the evaluations
of programs and activities carried out under
this part; 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.
(g) Limitation.--The Secretary may not impose a priority or
preference for States or eligible entities that seek to use
funds made available under this part to extend the regular
school day.
SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.
(a) In General.--
(1) Community learning centers.--A State that
receives funds under this part for a fiscal year shall
provide the amount made available under section
4202(c)(1) to eligible entities for community learning
centers in accordance with this part.
(2) Expanded learning program activities.--A State
that receives funds under this part for a fiscal year
may also use funds under section 4202(c)(1) to support
those enrichment and engaging academic activities
described in section 4205(a) that--
(A) are included as part of an expanded
learning program that provide students at least
300 additional program hours before, during, or
after the traditional school day;
(B) supplement but do not supplant school
day requirements; and
(C) are awarded to entities that meet the
requirements of subsection (i).
(b) Application.--
(1) In general.--To be eligible to receive an award
under this part, an eligible entity 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--
(A) a description of the activities to be
funded, including--
(i) an assurance that the program
will take place in a safe and easily
accessible facility;
(ii) a description of how students
participating in the program carried
out by the community learning center
will travel safely to and from the
center and home, if applicable; and
(iii) a description of how the
eligible entity will disseminate
information about the community
learning center (including its
location) to the community in a manner
that is understandable and accessible;
(B) a description of how such activities
are expected to improve student academic
achievement as well as overall student success;
(C) a demonstration of how the proposed
program will coordinate Federal, State, and
local programs and make the most effective use
of public resources;
(D) an assurance that the proposed program
was developed, and will be carried out--
(i) in active collaboration with
the schools the students attend
(including through the sharing of
relevant student data among the
schools), all participants in the
eligible entity, and any partnership
entities described in subparagraph (H),
while complying with applicable laws
relating to privacy and
confidentiality; and
(ii) in alignment with State and
local content and student academic
achievement standards;
(E) a description of how the activities
will meet the principles of effectiveness
described in section 4205(b);
(F) an assurance that the program will
target students who primarily attend schools
eligible for schoolwide programs under section
1114 and the families of such students;
(G) an assurance that funds under this part
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;
(H) a description of the partnership
between a local educational agency, a
community-based organization, and another
public entity or private entity, if
appropriate;
(I) an evaluation of the community needs
and available resources for the community
learning center and a description of how the
program proposed to be carried out in the
center will address those needs (including the
needs of working families);
(J) a demonstration that the eligible
entity will use best practices, including
research or evidence-based practices, to
provide educational and related activities that
will complement and enhance academic
performance, achievement, postsecondary and
workforce preparation, and positive youth
development of the students;
(K) a description of a preliminary plan for
how the community learning center will continue
after funding under this part ends;
(L) an assurance that the community 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;
(M) if the eligible entity plans to use
volunteers in activities carried out through
the community learning center, a description of
how the eligible entity will encourage and use
appropriately qualified persons to serve as the
volunteers; and
(N) 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 part
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) Permissive Local Match.--
(1) In general.--A State educational agency may
require an eligible entity 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 or State 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 eligible entity; and
(B) the ability of the eligible entity to
obtain such matching funds.
(3) In-kind contributions.--Each State educational
agency that requires an eligible entity to match funds
under this subsection shall permit the eligible entity
to provide all or any portion of such match in the form
of in-kind contributions.
(4) Consideration.--Notwithstanding this
subsection, a State educational agency shall not
consider an eligible entity's ability to match funds
when determining which eligible entities will receive
awards under this part.
(e) Peer Review.--In reviewing local applications under
this part, a State educational agency shall use a rigorous
peer-review process or other methods of assuring the quality of
such applications.
(f) Geographic Diversity.--To the extent practicable, a
State educational agency shall distribute funds under this part
equitably among geographic areas within the State, including
urban and rural communities.
(g) Duration of Awards.--Grants under this part shall be
awarded for a period of not less than 3 years and not more than
5 years.
(h) Amount of Awards.--A grant awarded under this part may
not be made in an amount that is less than $50,000.
(i) Priority.--
(1) In general.--In awarding grants under this
part, a State educational agency shall give priority to
applications--
(A) proposing to target services to--
(i) students who primarily attend
schools that--
(I) have been identified
under section 1114(a) and other
schools determined by the local
educational agency to be in
need of intervention and
support to improve student
academic achievement and other
outcomes; and
(II) enroll students who
may be at risk for academic
failure, dropping out of
school, involvement in criminal
or delinquent activities, or
who lack strong positive role
models; and
(ii) the families of students
described in clause (i);
(B) submitted jointly by eligible entities
consisting of not less than 1--
(i) local educational agency
receiving funds under part A of title
I; and
(ii) another eligible entity; and
(C) demonstrating that the activities
proposed in the application--
(i) are, as of the date of the
submission of the application, not
accessible to students who would be
served; or
(ii) would expand accessibility to
high-quality services that may be
available in the community.
(2) Special rule.--The State educational agency
shall provide the same priority under paragraph (1) to
an application submitted by a local educational agency
if the local educational agency demonstrates that it is
unable to partner with a community-based organization
in reasonable geographic proximity and of sufficient
quality to meet the requirements of this part.
(3) Limitation.--A State educational agency may not
impose a priority or preference for eligible entities
that seek to use funds made available under this part
to extend the regular school day.
(j) Renewability of Awards.--A State educational agency may
renew a grant provided under this part to an eligible entity,
based on the eligible entity's performance during the original
grant period.
SEC. 4205. LOCAL ACTIVITIES.
(a) Authorized Activities.--Each eligible entity that
receives an award under section 4204 may use the award funds to
carry out a broad array of activities that advance student
academic achievement and support student success, including--
(1) academic enrichment learning programs,
mentoring programs, remedial education activities, and
tutoring services, that are aligned with--
(A) State and local content and student
academic achievement standards; and
(B) local curricula that are designed to
improve student academic achievement;
(2) core academic subject education activities,
including such activities that enable students to be
eligible for credit recovery or attainment;
(3) literacy education programs, including
financial literacy programs;
(4) programs that support a healthy, active
lifestyle, including nutritional education and regular,
structured physical activity programs;
(5) services for individuals with disabilities;
(6) programs that provide after school activities
for students who are English learners that emphasize
language skills and academic achievement;
(7) cultural programs;
(8) telecommunications and technology education
programs;
(9) expanded library service hours;
(10) parenting skills programs that promote
parental involvement and family literacy;
(11) programs that provide assistance to students
who have been truant, suspended, or expelled to allow
the students to improve their academic achievement;
(12) drug and violence prevention programs and
counseling programs;
(13) programs that build skills in science,
technology, engineering and mathematics (referred to in
this paragraph as ``STEM'') and that foster innovation
in learning by supporting nontraditional STEM education
teaching methods; and
(14) programs that partner with in-demand fields of
the local workforce or build career competencies and
career readiness and ensure that local workforce and
career readiness skills are aligned with the Carl D.
Perkins Career and Technical Education Act of 2006 and
the Workforce Innovation and Opportunity Act.
(b) Measures of Effectiveness.--
(1) In general.--For a program or activity
developed pursuant to this part to meet the measures of
effectiveness, monitored by the State educational
agency as described in section 4203(a)(14), such
program or activity shall--
(A) be based upon an assessment of
objective data regarding the need for before
and after school programs (including during
summer recess periods) and activities in the
schools and communities;
(B) be based upon an established set of
performance measures aimed at ensuring the
availability of high quality academic
enrichment opportunities;
(C) if appropriate, be based upon evidence-
based research that provides evidence that the
program or activity will help students meet the
State and local student academic achievement
standards;
(D) ensure that measures of student success
align with the regular academic program of the
school and the academic needs of participating
students and include performance indicators and
measures described in section 4203(a)(14)(A);
and
(E) collect the data necessary for the
measures of student success described in
subparagraph (D).
(2) Periodic evaluation.--
(A) In general.--The program or activity
shall undergo a periodic evaluation in
conjunction with the State educational agency's
overall evaluation plan as described in section
4203(a)(14), to assess the program's progress
toward achieving the goal of providing high
quality opportunities for academic enrichment
and overall student success.
(B) Use of results.--The results of
evaluations under subparagraph (A) shall be--
(i) used to refine, improve, and
strengthen the program or activity, and
to refine the performance measures;
(ii) made available to the public
upon request, with public notice of
such availability provided; and
(iii) used by the State to
determine whether a grant is eligible
to be renewed under section 4204(j).
SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
PART C--ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS
SEC. 4301. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to
award grants to eligible entities to enable such
agencies to establish or expand elementary school and
secondary school counseling programs that comply with
the requirements of subsection (c).
(2) Special consideration.--In awarding grants
under this section, the Secretary shall--
(A) give special consideration to
applications describing programs that--
(i) demonstrate the greatest need
for new or additional counseling
services among children in the schools
served by the eligible entity, in part
by providing information on current
ratios, as of the date of application
for a grant under this section, of
students to school counselors, students
to school social workers, and students
to school psychologists;
(ii) propose promising and
innovative approaches for initiating or
expanding school counseling; and
(iii) show strong potential for
replication and dissemination; and
(B) give priority to--
(i) schools that serve students in
rural and remote areas;
(ii) schools in need of improvement
and schools that are the persistently
lowest achieving schools; or
(iii) schools with a high
percentage of students aged 5 through
17 who--
(I) are in poverty, as
counted in the most recent
census data approved by the
Secretary;
(II) are eligible for a
free or reduced priced lunch
under the Richard B. Russell
National School Lunch Act (42
U.S.C. 1751 et seq.);
(III) are in families
receiving assistance under the
State program funded under part
A of title IV of the Social
Security Act; or
(IV) are eligible to
receive medical assistance
under the Medicaid program.
(3) Equitable distribution.--In awarding grants
under this section, the Secretary shall ensure an
equitable geographic distribution among the regions of
the United States and among eligible entities located
in urban, rural, and suburban areas.
(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
(5) Maximum grant.--A grant awarded under this
section shall not exceed $400,000 for any fiscal year.
(b) Applications.--
(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application for a grant under
this section shall--
(A) describe the school population to be
targeted by the program, the particular
counseling needs of such population, and the
current school counseling resources available
for meeting such needs;
(B) include the information described in
subparagraphs (B) through (D) of section
4104(b)(4), with respect to the grant under
this part;
(C) document that the eligible entity has
personnel qualified to develop, implement, and
administer the program; and
(D) document how the eligible entity will
engage in meaning consultation with parents and
families in the development of such program.
(c) Use of Funds.--Each eligible entity receiving a grant
under this part shall use grant funds to develop, implement,
and evaluate comprehensive, evidence-based, school counseling
programs through activities which incorporate evidence-based
practices, such as--
(1) the implementation of a comprehensive school
counseling program to meet the counseling and
educational needs of all students;
(2) increasing the range, availability, quantity,
and quality of counseling services, provided by
qualified school counselors, school psychologists,
school social workers, and other qualified school-based
mental health service providers, in the elementary
schools and secondary schools of the eligible entity;
(3) the implementation of innovative approaches to
increase children's understanding of peer and family
relationships, peer and family interaction, work and
self, decisionmaking, or academic and career planning;
(4) the implementation of academic, postsecondary
education and career planning programs;
(5) the initiation of partnerships with community
groups, social service agencies, or other public or
private non-profit entities in collaborative efforts to
enhance the program and promote school-linked
integration of services, as long as the eligible entity
documents how such partnership supplements, not
supplants, existing school-employed school-based mental
health service providers and services, in accordance
with subsection (f);
(6) the implementation of a team approach to school
counseling in the schools served by the eligible entity
by working toward ratios of school counselors, school
social workers, and school psychologists to students
recommended to enable such personnel to effectively
address the needs of students; and
(7) any other activity determined necessary by the
eligible entity that meets the purpose of this part
(d) Limitation on Administrative Costs.--Not more than 4
percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry
out this section.
(e) Report.--Not later than 2 years after assistance is
made available to eligible entities under subsection (a), the
Secretary shall make publicly available a report--
(1) evaluating the programs assisted pursuant to
each grant under this section; and
(2) outlining the information from eligible
entities regarding the ratios of students to--
(A) school counselors;
(B) school social workers; and
(C) school psychologists.
(f) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, or local funds used for providing school-
based counseling and mental health services to students.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency;
(B) an educational service agency serving
more than 1 local educational agency; or
(C) a consortium of local educational
agencies.
(2) School-based mental health service provider.--
The term ``school-based mental health service
provider'' has the meaning given the term in section
4102.
(3) School counselor.--The term ``school
counselor'' means an individual who meets the criteria
for licensure or certification as a school counselor in
the State where the individual is employed.
(4) School psychologist.--The term ``school
psychologist'' means an individual who is licensed or
certified in school psychology by the State in which
the individual is employed.
(5) School social worker.--The term ``school social
worker'' means an individual who is licensed or
certified as a school social worker for the State in
which the individual is employed.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2016 through 2021.
PART D--PHYSICAL EDUCATION PROGRAM
SEC. 4401. PURPOSE.
The purpose of this part is to award grants and contracts
to initiate, expand, and improve physical education programs
for all students in kindergarten through grade 12.
SEC. 4402. PROGRAM AUTHORIZED.
(a) Authorization.--From amounts made available to carry
out this part, the Secretary is authorized to award grants or
contracts to local educational agencies and community-based
organizations to pay the Federal share of the costs of
initiating, expanding, and improving physical education
programs (including after-school programs) for students in
kindergarten through grade 12, by--
(1) providing materials and support to enable
students to participate actively in physical education
activities; and
(2) providing funds for staff and teacher training
and education relating to physical education.
(b) Program Elements.--A physical education program that
receives assistance under this part may provide for 1 or more
of the following:
(1) Fitness education and assessment to help
students understand, improve, or maintain their
physical well-being.
(2) Instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
student.
(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that
support a lifelong healthy lifestyle.
(4) Opportunities to develop positive social and
cooperative skills through physical activity
participation.
(5) Instruction in healthy eating habits and good
nutrition.
(6) Opportunities for professional development for
teachers of physical education to stay abreast of the
latest research, issues, and trends in the field of
physical education.
(c) Special Rule.--For purposes of this part,
extracurricular activities, such as team sports and Reserve
Officers' Training Corps program activities, shall not be
considered as part of the curriculum of a physical education
program assisted under this part.
SEC. 4403. APPLICATIONS.
(a) Submission.--Each local educational agency or
community-based organization desiring a grant or contract under
this part shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
(b) Private School and Home-schooled Students.--An
application for a grant or contract under this part may provide
for the participation, in the activities funded under this
part, of--
(1) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
(2) home-schooled students, and their parents and
teachers.
SEC. 4404. REQUIREMENTS.
(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or
contract under this part, the administrator of the grant or
contract for the local educational agency or community-based
organization shall submit to the Secretary an annual report
that--
(1) describes the activities conducted during the
preceding year; and
(2) demonstrates that progress has been made toward
meeting State standards for physical education.
(b) Administrative Expenses.--Not more than 5 percent of
the funds made available under this part to a local educational
agency or community-based organization for any fiscal year may
be used for administrative expenses.
SEC. 4405. ADMINISTRATIVE PROVISIONS.
(a) Federal Share.--The Federal share under this part may
not exceed--
(1) 90 percent of the total cost of a program for
the first year for which the program receives
assistance under this part; and
(2) 75 percent of such cost for the second and each
subsequent such year.
(b) Proportionality.--To the extent practicable, the
Secretary shall ensure that grants awarded under this part
shall be equitably distributed among local educational
agencies, and community-based organizations, serving urban and
rural areas.
(c) Report to Congress.--Not later than June 1, 2017, the
Secretary shall submit a report to Congress that--
(1) describes the programs assisted under this
part;
(2) documents the success of such programs in
improving physical fitness; and
(3) makes such recommendations as the Secretary
determines appropriate for the continuation and
improvement of the programs assisted under this part.
(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this part shall remain available until
expended.
SEC. 4406. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this part shall be used to
supplement, and not supplant, any other Federal, State, or
local funds available for physical education activities.
SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
[PART C--ENVIRONMENTAL TOBACCO SMOKE]
[SEC. 4301. SHORT TITLE.
[This part may be cited as the ``Pro-Children Act of
2001''.
[SEC. 4302. DEFINITIONS.
[As used in this part:
[(1) Children.--The term ``children'' means
individuals who have not attained the age of 18.
[(2) Children's services.--The term ``children's
services'' means the provision on a routine or regular
basis of health, day care, education, or library
services--
[(A) that are funded, after the date of
enactment of the No Child Left Behind Act of
2001, directly by the Federal Government or
through State or local governments, by Federal
grant, loan, loan guarantee, or contract
programs--
[(i) administered by either the
Secretary of Health and Human Services
or the Secretary of Education (other
than services provided and funded
solely under titles XVIII and XIX of
the Social Security Act); or
[(ii) administered by the Secretary
of Agriculture in the case of a clinic
(as defined in part 246.2 of title 7,
Code of Federal Regulations (or any
corresponding similar regulation or
ruling)) under section 17(b)(6) of the
Child Nutrition Act of 1966; or
[(B) that are provided in indoor facilities
that are constructed, operated, or maintained
with such Federal funds, as determined by the
appropriate head of a Federal agency in any
enforcement action carried out under this part,
[except that nothing in clause (ii) of subparagraph (A)
is intended to include facilities (other than clinics)
where coupons are redeemed under the Child Nutrition
Act of 1966.
[(3) Indoor facility.--The term ``indoor facility''
means a building that is enclosed.
[(4) Person.--The term ``person'' means any State
or local subdivision of a State, agency of such State
or subdivision, corporation, or partnership that owns
or operates or otherwise controls and provides
children's services or any individual who owns or
operates or otherwise controls and provides such
services.
[(5) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.]
[SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
[(a) Prohibition.--After the date of enactment of the No
Child Left Behind Act of 2001, no person shall permit smoking
within any indoor facility owned or leased or contracted for,
and utilized, by such person for provision of routine or
regular kindergarten, elementary, or secondary education or
library services to children.
[(b) Additional Prohibition.--
[(1) In general.--After the date of enactment of
the No Child Left Behind Act of 2001, no person shall
permit smoking within any indoor facility (or portion
of such a facility) owned or leased or contracted for,
and utilized by, such person for the provision of
regular or routine health care or day care or early
childhood development (Head Start) services.
[(2) Exception.--Paragraph (1) shall not apply to--
[(A) any portion of such facility that is
used for inpatient hospital treatment of
individuals dependent on, or addicted to, drugs
or alcohol; and
[(B) any private residence.
[(c) Federal Agencies.--
[(1) Kindergarten, elementary, or secondary
education or library services.--After the date of
enactment of the No Child Left Behind Act of 2001, no
Federal agency shall permit smoking within any indoor
facility in the United States operated by such agency,
directly or by contract, to provide routine or regular
kindergarten, elementary, or secondary education or
library services to children.
[(2) Health or day care or early childhood
development services.--
[(A) In general.--After the date of
enactment of the No Child Left Behind Act of
2001, no Federal agency shall permit smoking
within any indoor facility (or portion of such
facility) operated by such agency, directly or
by contract, to provide routine or regular
health or day care or early childhood
development (Head Start) services to children.
[(B) Exception.--Subparagraph (A) shall not
apply to--
[(i) any portion of such facility
that is used for inpatient hospital
treatment of individuals dependent on,
or addicted to, drugs or alcohol; and
[(ii) any private residence.
[(3) Application of provisions.--The provisions of
paragraph (2) shall also apply to the provision of such
routine or regular kindergarten, elementary or
secondary education or library services in the
facilities described in paragraph (2) not subject to
paragraph (1).
[(d) Notice.--The prohibitions in subsections (a) through
(c) shall be published in a notice in the Federal Register by
the Secretary (in consultation with the heads of other affected
agencies) and by such agency heads in funding arrangements
involving the provision of children's services administered by
such heads. Such prohibitions shall be effective 90 days after
such notice is published, or 270 days after the date of
enactment of the No Child Left Behind Act of 2001, whichever
occurs first.
[(e) Civil Penalties.--
[(1) In general.--Any failure to comply with a
prohibition in this section shall be considered to be a
violation of this section and any person subject to
such prohibition who commits such violation may be
liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or may
be subject to an administrative compliance order, or
both, as determined by the Secretary. Each day a
violation continues shall constitute a separate
violation. In the case of any civil penalty assessed
under this section, the total amount shall not exceed
50 percent of the amount of Federal funds received
under any title of this Act by such person for the
fiscal year in which the continuing violation occurred.
For the purpose of the prohibition in subsection (c),
the term ``person'', as used in this paragraph, shall
mean the head of the applicable Federal agency or the
contractor of such agency providing the services to
children.
[(2) Administrative proceeding.--A civil penalty
may be assessed in a written notice, or an
administrative compliance order may be issued under
paragraph (1), by the Secretary only after an
opportunity for a hearing in accordance with section
554 of title 5, United States Code. Before making such
assessment or issuing such order, or both, the
Secretary shall give written notice of the assessment
or order to such person by certified mail with return
receipt and provide information in the notice of an
opportunity to request in writing, not later than 30
days after the date of receipt of such notice, such
hearing. The notice shall reasonably describe the
violation and be accompanied with the procedures for
such hearing and a simple form that may be used to
request such hearing if such person desires to use such
form. If a hearing is requested, the Secretary shall
establish by such certified notice the time and place
for such hearing, which shall be located, to the
greatest extent possible, at a location convenient to
such person. The Secretary (or the Secretary's
designee) and such person may consult to arrange a
suitable date and location where appropriate.
[(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the
nature of the administrative compliance order, the
Secretary shall take into account, as appropriate--
[(A) the nature, circumstances, extent, and
gravity of the violation;
[(B) with respect to the violator, any good
faith efforts to comply, the importance of
achieving early and permanent compliance, the
ability to pay or comply, the effect of the
penalty or order on the ability to continue
operation, any prior history of the same kind
of violation, the degree of culpability, and
any demonstration of willingness to comply with
the prohibitions of this section in a timely
manner; and
[C) such other matters as justice may
require.
[(4) Modification.--The Secretary may, as
appropriate, compromise, modify, or remit, with or
without conditions, any civil penalty or administrative
compliance order. In the case of a civil penalty, the
amount, as finally determined by the Secretary or
agreed upon in compromise, may be deducted from any
sums that the United States or the agencies or
instrumentalities of the United States owe to the
person against whom the penalty is assessed.
[(5) Petition for review.--Any person aggrieved by
a penalty assessed or an order issued, or both, by the
Secretary under this section may file a petition for
judicial review of the order with the United States
Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. Such person shall provide a copy of
the petition to the Secretary or the Secretary's
designee. The petition shall be filed within 30 days
after the Secretary's assessment or order, or both, are
final and have been provided to such person by
certified mail. The Secretary shall promptly provide to
the court a certified copy of the transcript of any
hearing held under this section and a copy of the
notice or order.
[(6) Failure to comply.--If a person fails to pay
an assessment of a civil penalty or comply with an
order, after the assessment or order, or both, are
final under this section, or after a court has entered
a final judgment under paragraph (5) in favor of the
Secretary, the Attorney General, at the request of the
Secretary, shall recover the amount of the civil
penalty (plus interest at prevailing rates from the day
the assessment or order, or both, are final) or enforce
the order in an action brought in the appropriate
district court of the United States. In such action,
the validity and appropriateness of the penalty or
order or the amount of the penalty shall not be subject
to review.
[SEC. 4304. PREEMPTION.
[Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this part.]
* * * * * * *
TITLE V--[PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE
PROGRAMS]EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION
[PART A--INNOVATIVE PROGRAMS]
[SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.
[(a) Purposes.--The purposes of this part are the
following:
[(1) To support local education reform efforts that
are consistent with and support statewide education
reform efforts.
[(2) To provide funding to enable State educational
agencies and local educational agencies to implement
promising educational reform programs and school
improvement programs based on scientifically based
research.
[(3) To provide a continuing source of innovation
and educational improvement, including support programs
to provide library services and instructional and media
materials.
[(4) To meet the educational needs of all students,
including at-risk youth.
[(5) To develop and implement education programs to
improve school, student, and teacher performance,
including professional development activities and class
size reduction programs.
[(b) State and Local Responsibility.--The State educational
agency shall bear the basic responsibility for the
administration of funds made available under this part, but it
is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
part be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because local educational agencies and
individuals have the most direct contact with students and are
most likely to be able to design programs to meet the
educational needs of students in their own school districts.]
[Subpart 1--State and Local Programs]
[SEC. 5111. ALLOTMENT TO STATES.
[(a) In General.--From the sums appropriated to carry out
this part for each fiscal year and not reserved under
subsection (b), the Secretary shall allot, and make available
in accordance with this part, to each State educational agency
an amount that bears the same ratio to such sums as the school-
age population of the State bears to the school-age population
of all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such sums.
[(b) Reservation.--From the sums appropriated to carry out
this part for each fiscal year, the Secretary shall reserve not
more than 1 percent for payments to the outlying areas, to be
allotted in accordance with their respective needs for
assistance under this part.]
[SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--
[(1) Allocation of base amounts.--From the amount
made available to a State educational agency under this
part for a fiscal year, the State educational agency
shall distribute, to local educational agencies within
the State, an amount that is not less than 85 percent
of the amount made available to the State educational
agency under this part for fiscal year 2002, according
to the relative enrollments in public and in private
nonprofit schools within the jurisdictions of such
local educational agencies, adjusted, in accordance
with criteria approved by the Secretary, to provide
higher per-pupil allocations to local educational
agencies that have the greatest numbers or percentages
of children whose education imposes a higher-than-
average cost per child, such as--
[(A) children living in areas with high
concentrations of economically disadvantaged
families;
[(B) children from economically
disadvantaged families; and
[(C) children living in sparsely populated
areas.
[(2) Allocation of increased amounts.--From the
amount made available to a State educational agency
under this part for a fiscal year that exceeds the
amount made available to the agency under this part for
fiscal year 2002, the State educational agency shall
distribute 100 percent (or, in the case of a State
educational agency receiving a minimum allotment under
section 5111(a), not less than 50 percent,
notwithstanding subsection (b)) to local educational
agencies within the State, on the same basis as the
State educational agency distributes amounts under
paragraph (1).
[(b) Limitations and Requirements.--Not more than 15
percent of funds made available under section 5111 for State
programs under this part for any fiscal year may be used for
State administration under section 5121.
[(c) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of--
[(A) the number of children enrolled in
public schools; and
[(B) the number of children enrolled in
private nonprofit schools that participated in
programs assisted under this part, for the
fiscal year preceding the fiscal year for which
the determination is made.
[(2) Rule of construction.--Nothing in this
subsection shall diminish the responsibility of each
local educational agency to contact, on an annual
basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in
order to determine whether such schools desire that
their children participate in programs assisted under
this part.
[(3) Adjustments.--
[(A) State criteria.--Relative enrollments
calculated under subsection (a)(1) shall be
adjusted, in accordance with criteria approved
by the Secretary under subparagraph (B), to
provide higher per-pupil allocations only to
local educational agencies that serve the
greatest numbers or percentages of--
[(i) children living in areas with
high concentrations of economically
disadvantaged families;
[(ii) children from economically
disadvantaged families; or
[(iii) children living in sparsely
populated areas.
[(B) Review of criteria.--The Secretary
shall review criteria submitted by a State
educational agency for adjusting allocations
under paragraph (1) and shall approve such
criteria only if the Secretary determines that
such criteria are reasonably calculated to
produce an adjusted allocation that reflects
the relative needs of the State's local
educational agencies based on the factors set
forth in subparagraph (A).
[(d) Payment of Allocations.--
[(1) Distribution.--From the funds paid to a State
educational agency under this subpart for a fiscal
year, the State educational agency shall distribute to
each eligible local educational agency that has
submitted an application as required by section 5133
the amount of such local educational agency's
allocation, as determined under subsection (a).
[(2) Additional funds.--
[(A) Use.--Additional funds resulting from
higher per-pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public schools and private
nonprofit schools in direct proportion to the
number of children described in subsection
(a)(1) and enrolled in such schools within the
area served by the local educational agency.
[(B) Allocation.--In any fiscal year, any
local educational agency that elects to
allocate such additional funds in the manner
described in subparagraph (A) shall allocate
all additional funds to schools within the area
served by the local educational agency in such
manner.
[(C) Rule of construction.--Subparagraphs
(A) and (B) may not be construed to require any
school to limit the use of the additional funds
described in subparagraph (A) to the provision
of services to specific students or categories
of students.]
[Subpart 2--State Programs]
[SEC. 5121. STATE USES OF FUNDS.
[A State educational agency may use funds made available
for State use under section 5112(b) only for one or more of the
following:
[(1) State administration of programs under this
part, including--
[(A) allocating funds to local educational
agencies;
[(B) planning, supervising, and processing
State educational agency funds; and
[(C) monitoring and evaluating programs
under this part.
[(2) Support for the planning, design, and initial
implementation of charter schools as described in part
B.
[(3) Statewide education reform, school improvement
programs and technical assistance and direct grants to
local educational agencies, which assist such agencies
under section 5131.
[(4) Support for the design and implementation of
high-quality yearly student assessments.
[(5) Support for implementation of challenging
State and local academic achievement standards.
[(6) Support for arrangements that provide for
independent analysis to measure and report on school
district achievement.
[(7) Support for the program described in section
321 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2001 (as enacted into law by
section 1(a)(1) of Public Law 106-554).
[(8) Support for programs to assist in the
implementation of the policy described in section 9507
which may include payment of reasonable transportation
costs and tuition costs for such students.]
[SEC. 5122. STATE APPLICATIONS.
[(a) Application Requirements.--Any State that desires to
receive assistance under this part shall submit to the
Secretary an application that includes each of the following:
[(1) Designation of the State educational agency as
the State agency responsible for administration and
supervision of programs assisted under this part.
[(2) Provision for an annual statewide summary of
how assistance under this part is contributing toward
improving student academic achievement or improving the
quality of education for students.
[(3) Information setting forth the allocation of
funds required to implement section 5142.
[(4) A provision that the State educational agency
will keep such records, and provide such information to
the Secretary, as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section).
[(5) An assurance that, apart from providing
technical and advisory assistance and monitoring
compliance with this part, the State educational agency
has not exercised, and will not exercise, any influence
in the decisionmaking processes of local educational
agencies as to the expenditure made pursuant to an
application submitted under section 5133.
[(6) An assurance that there is compliance with the
specific requirements of this part.
[(7) Provision for timely public notice and public
dissemination of the information provided under
paragraph (3).
[(b) Statewide Summary.--The statewide summary referred to
in subsection (a)(2) shall be submitted annually to the
Secretary and shall be derived from the evaluation information
submitted by local educational agencies to the State
educational agency under section 5133(b)(8). The State
educational agency shall determine the format and content of
such summary and may include in the summary statistical
measures, such as the number of students served by each type of
innovative assistance program described in section 5131 and the
number of teachers trained.
[(c) Period of Application.--An application submitted by
the State educational agency under subsection (a) shall be for
a period not to exceed 3 years. The agency may amend the
application annually, as may be necessary to reflect changes,
without filing a new application.
[(d) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this part for any 3
consecutive fiscal years shall not be audited more frequently
than once every 5 years.]
[Subpart 3--Local Innovative Education Programs]
[SEC. 5131. LOCAL USES OF FUNDS.
[(a) Innovative Assistance Programs.--Funds made available
to local educational agencies under section 5112 shall be used
for innovative assistance programs, which may include any of
the following:
[(1) Programs to recruit, train, and hire highly
qualified teachers to reduce class size, especially in
the early grades, and professional development
activities carried out in accordance with title II,
that give teachers, principals, and administrators the
knowledge and skills to provide students with the
opportunity to meet challenging State or local academic
content standards and student academic achievement
standards.
[(2) Technology activities related to the
implementation of school-based reform efforts,
including professional development to assist teachers
and other school personnel (including school library
media personnel) regarding how to use technology
effectively in the classrooms and the school library
media centers involved.
[(3) Programs for the development or acquisition
and use of instructional and educational materials,
including library services and materials (including
media materials), academic assessments, reference
materials, computer software and hardware for
instructional use, and other curricular materials that
are tied to high academic standards, that will be used
to improve student academic achievement, and that are
part of an overall education reform program.
[(4) Promising education reform projects, including
magnet schools.
[(5) Programs to improve the academic achievement
of educationally disadvantaged elementary school and
secondary school students, including activities to
prevent students from dropping out of school.
[(6) Programs to improve the literacy skills of
adults, especially the parents of children served by
the local educational agency, including adult education
and family literacy programs.
[(7) Programs to provide for the educational needs
of gifted and talented children.
[(8) The planning, design, and initial
implementation of charter schools as described in part
B.
[(9) School improvement programs or activities
under sections 1116 and 1117.
[(10) Community service programs that use qualified
school personnel to train and mobilize young people to
measurably strengthen their communities through
nonviolence, responsibility, compassion, respect, and
moral courage.
[(11) Activities to promote consumer, economic, and
personal finance education, such as disseminating
information on and encouraging use of the best
practices for teaching the basic principles of
economics and promoting the concept of achieving
financial literacy through the teaching of personal
financial management skills (including the basic
principles involved with earning, spending, saving, and
investing).
[(12) Activities to promote, implement, or expand
public school choice.
[(13) Programs to hire and support school nurses.
[(14) Expansion and improvement of school-based
mental health services, including early identification
of drug use and violence, assessment, and direct
individual or group counseling services provided to
students, parents, and school personnel by qualified
school-based mental health services personnel.
[(15) Alternative educational programs for those
students who have been expelled or suspended from their
regular educational setting, including programs to
assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
[(16) Programs to establish or enhance
prekindergarten programs for children.
[(17) Academic intervention programs that are
operated jointly with community-based organizations and
that support academic enrichment, and counseling
programs conducted during the school day (including
during extended school day or extended school year
programs), for students most at risk of not meeting
challenging State academic achievement standards or not
completing secondary school.
[(18) Programs for cardiopulmonary resuscitation
(CPR) training in schools.
[(19) Programs to establish smaller learning
communities.
[(20) Activities that encourage and expand
improvements throughout the area served by the local
educational agency that are designed to advance student
academic achievement.
[(21) Initiatives to generate, maintain, and
strengthen parental and community involvement.
[(22) Programs and activities that expand learning
opportunities through best-practice models designed to
improve classroom learning and teaching.
[(23) Programs to provide same-gender schools and
classrooms (consistent with applicable law).
[(24) Service learning activities.
[(25) School safety programs, including programs to
implement the policy described in section 9507 and
which may include payment of reasonable transportation
costs and tuition costs for such students.
[(26) Programs that employ research-based cognitive
and perceptual development approaches and rely on a
diagnostic-prescriptive model to improve students'
learning of academic content at the preschool,
elementary, and secondary levels.
[(27) Supplemental educational services, as defined
in section 1116(e).
[(b) Requirements.--The innovative assistance programs
described in subsection (a) shall be--
[(1) tied to promoting challenging academic
achievement standards;
[(2) used to improve student academic achievement;
and
[(3) part of an overall education reform strategy.
[(c) Guidelines.--Not later than 120 days after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall issue guidelines for local educational agencies
seeking funding for programs described in subsection (a)(23).]
[SEC. 5132. ADMINISTRATIVE AUTHORITY.
[In order to conduct the programs authorized by this part,
each State educational agency or local educational agency may
use funds made available under this part to make grants to, and
to enter into contracts with, local educational agencies,
institutions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions.]
[SEC. 5133. LOCAL APPLICATIONS.
[(a) Submission of Application.--A local educational agency
may receive an allocation of funds under this part for any year
for which the agency submits an application under this section
that the State educational agency certifies under subsection
(b).
[(b) Certification and Contents of Application.--The State
educational agency shall certify each application submitted
under subsection (a) that includes each of the following:
[(1) A description of locally identified needs
relative to the purposes of this part and to the
innovative assistance programs described in section
5131.
[(2) A statement that sets forth the planned
allocation of funds, based on the needs identified in
subparagraph (A), among innovative assistance programs
described in section 5131, a description of the
programs that the local educational agency intends to
support, and a description of the reasons for the
selection of such programs.
[(3) Information setting forth the allocation of
such funds required to implement section 5142.
[(4) A description of how assistance under this
part will contribute to improving student academic
achievement or improving the quality of education for
students.
[(5) An assurance that the local educational agency
will comply with this part, including the provisions of
section 5142 concerning the participation of children
enrolled in private nonprofit schools.
[(6) An assurance that the local educational agency
will keep such records, and provide such information to
the State educational agency, as may be reasonably
required for fiscal audit and program evaluation
(consistent with the responsibilities of the State
educational agency under this part).
[(7) Provision, in the allocation of funds for the
assistance authorized by this part and in the planning,
design, and implementation of such innovative
assistance programs, for systematic consultation with
parents of children attending elementary schools and
secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with such other groups
involved in the implementation of this part (such as
librarians, school counselors, and other pupil services
personnel) as may be considered appropriate by the
local educational agency.
[(8) An assurance that--
[(A) programs carried out under this part
will be evaluated annually;
[(B) the evaluation will be used to make
decisions about appropriate changes in programs
for the subsequent year;
[(C) the evaluation will describe how
assistance under this part affected student
academic achievement and will include, at a
minimum, information and data on the use of
funds, the types of services furnished, and the
students served under this part; and
[(D) the evaluation will be submitted to
the State educational agency at the time and in
the manner requested by the State educational
agency.
[(9) If the local educational agency seeks funds
under section 5131(a)(23), a description of how the
agency will comply with the guidelines issued by the
Secretary regarding same-gender schools and classrooms
under section 5131(c).
[(c) Period of Application.--An application submitted by a
local educational agency under subsection (a) may seek
allocations under this part for a period not to exceed 3 fiscal
years. The agency may amend the application annually, as may be
necessary to reflect changes, without the filing of a new
application.
[(d) Local Educational Agency Discretion.--
[(1) In general.--Subject to the limitations and
requirements of this part, a local educational agency
shall have complete discretion in determining how funds
made available to carry out this subpart will be
divided among programs described in section 5131.
[(2) Limitation.--In exercising the discretion
described in paragraph (1), a local educational agency
shall ensure that expenditures under this subpart carry
out the purposes of this part and are used to meet the
educational needs within the schools served by the
local educational agency.]
[Subpart 4--General Provisions]
[SEC. 5141. MAINTENANCE OF EFFORT.
[(a) In general.--Except as provided in subsection (b), a
State educational agency is entitled to receive its full
allotment of funds under this part for any fiscal year only if
the Secretary determines that either the combined fiscal effort
per student or the aggregate expenditures within the State,
with respect to the provision of free public education for the
fiscal year preceding the fiscal year for which the
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.
[(b) Reduction of Funds.--The Secretary shall reduce the
amount of the allotment of funds under this part in any fiscal
year in the exact proportion by which the State educational
agency fails to meet the requirements of subsection (a) by
falling below 90 percent of the fiscal effort per student or
aggregate expenditures (using the measure most favorable to the
State educational agency), and no such lesser amount shall be
used for computing the effort or expenditures required under
paragraph (1) for subsequent years.
[(c) Waiver.--The Secretary may waive, for 1 fiscal year
only, the requirements of this section, if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State educational agency.]
[SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency that is eligible to receive funds
under this part, or that serves the area in which a
program assisted under this part is located, who are
enrolled in private nonprofit elementary schools and
secondary schools, or, with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
educational agency use, the local educational agency,
after consultation with appropriate private school
officials--
[(A) shall provide, as may be necessary,
for the benefit of such children in such
schools--
[(i) secular, neutral, and
nonideological services, materials, and
equipment, including the participation
of the teachers of such children (and
other educational personnel serving
such children) in training programs;
and
[(ii) the repair, minor remodeling,
or construction of public facilities
(consistent with subsection (c)); or
[(B) if such services, materials, and
equipment are not feasible or necessary in one
or more such private schools, as determined by
the local educational agency after consultation
with the appropriate private school officials,
shall provide such other arrangements as will
assure equitable participation of such children
in the purposes and benefits of this part.
[(2) Other provisions for services.--If no program
is carried out under paragraph (1) in the school
district of a local educational agency, the State
educational agency shall make arrangements, such as
through contracts with nonprofit agencies or
organizations, under which children in private schools
in the district are provided with services and
materials to the same extent as would have occurred if
the local educational agency had received funds under
this part.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs carried out under this
part by a State educational agency or local educational
agency, whether directly or through grants to, or
contracts with, other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--
[(1) In general.--Expenditures for programs under
subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for
programs under this part for children enrolled in the
public schools of the local educational agency.
[(2) Concentrated programs.--Taking into account
the needs of the individual children and other factors
that relate to the expenditures referred to in
paragraph (1), and when funds available to a local
educational agency under this part are used to
concentrate programs on a particular group, attendance
area, or grade or age level, children enrolled in
private schools who are included within the group,
attendance area, or grade or age level selected for
such concentration shall, after consultation with the
appropriate private school officials, be assured
equitable participation in the purposes and benefits of
such programs.
[(c) Administrative Requirements.--
[(1) Funds and property.--The control of funds
provided under this part, and title to materials,
equipment, and property repaired, remodeled, or
constructed with such funds, shall be in a public
agency for the uses and purposes provided in this part,
and a public agency shall administer such funds and
property.
[(2) Provision of services.--Services provided
under this part shall be provided by employees of a
public agency or through contract by such a public
agency with a person, association, agency, or
corporation that, in the provision of such services, is
independent of the private school and of any religious
organizations, and such employment or contract shall be
under the control and supervision of such a public
agency. The funds provided under this part shall not be
commingled with State or local funds.
[(d) Waiver.--
[(1) State prohibition.--If a State educational
agency or local educational agency is prohibited, by
reason of any provision of law, from providing for the
participation in programs of children enrolled in
private elementary schools and secondary schools as
required by subsections (a) through (c), the Secretary
shall waive such requirements for the agency involved
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
[(2) Failure to comply.--If the Secretary
determines that a State educational agency or a local
educational agency has substantially failed, or is
unwilling, to provide for the participation on an
equitable basis of children enrolled in private
elementary schools and secondary schools as required by
subsections (a) through (c), the Secretary may waive
such requirements and shall arrange for the provision
of services to such children through arrangements that
shall be subject to the requirements of this section.
[(e) Withholding of Allotment or Allocation.--Pending final
resolution of any investigation or complaint that could result
in a waiver under subsection (d)(1) or (d)(2), the Secretary
may withhold from the allotment or allocation of the affected
State educational agency or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
services to be provided by the Secretary under such subsection.
[(f) Duration of Determination.--Any determination by the
Secretary under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State educational agency or
local educational agency to meet the requirements of
subsections (a) through (c).
[(g) Payment From State Allotment.--When the Secretary
arranges for services under subsection (d), the Secretary
shall, after consultation with the appropriate public school
and private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State
educational agency under this part.
[(h) Review of Determination.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State educational agency
or local educational agency is dissatisfied with the
Secretary's final action after a proceeding under
paragraph (1), such agency may, not later than 60 days
after notice of such action, file with the United
States court of appeals for the circuit in which such
State is located a petition for review of that action.
A copy of the petition shall be transmitted by the
clerk of the court to the Secretary. The Secretary
thereupon shall file in the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States
Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary with respect to a proceeding under
paragraph (1), if supported by substantial evidence,
shall be conclusive. The court, for good cause shown,
may remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive, if
supported by substantial evidence.
[(4) Court review.--Upon the filing of a petition
under paragraph (2), the court shall have jurisdiction
to affirm the action of the Secretary or to set such
action aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court
upon certiorari or certification, as provided in
section 1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under title VI (as such title was in effect on the
day preceding the date of enactment of the No Child Left Behind
Act of 2001) shall, to the extent consistent with the purposes
of this part, apply to programs under this part.]
[SEC. 5143. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State educational
agencies and local educational agencies under this part.
[(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this part.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
programs under this part shall become available for obligation
on July 1 of such fiscal year and shall remain available for
obligation until the end of the subsequent fiscal year.]
[SEC. 5144. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this part shall be used to
supplement, and not supplant, any other Federal, State, or
local education funds.]
[SEC. 5145. DEFINITIONS.
[In this part:
[(1) Local educational agency.--The term ``local
educational agency'' means a local educational agency
or a consortium of such agencies.
[(2) Public school.--The term ``public school''
means a public elementary school or a public secondary
school.
[(3) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
[(4) State.--The term ``State'' means each of the
50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.]
[SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part--
[(1) $450,000,000 for fiscal year 2002;
[(2) $475,000,000 for fiscal year 2003;
[(3) $500,000,000 for fiscal year 2004;
[(4) $525,000,000 for fiscal year 2005;
[(5) $550,000,000 for fiscal year 2006; and
[(6) $600,000,000 for fiscal year 2007.]
PART [B]A--PUBLIC CHARTER SCHOOLS
[Subpart 1--Charter School Programs]
[SEC. [5201]5101. PURPOSE.
[It is the purpose of this subpart to increase national
understanding of the charter schools model by--
[(1) providing financial assistance for the
planning, program design, and initial implementation of
charter schools;
[(2) evaluating the effects of such schools,
including the effects on students, student academic
achievement, staff, and parents;
[(3) expanding the number of high-quality charter
schools available to students across the Nation; and
[(4) encouraging the 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.]
[SEC. [5202]5102. PROGRAM AUTHORIZED.
[(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 5203 to enable such agencies to conduct a charter
school grant program in accordance with this subpart.
[(b) Special Rule.--If a State educational agency elects
not to participate in the program authorized by this subpart or
does not have an application approved under section 5203, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 5203(c).
[(c) Program Periods.--
[(1) Grants to states.--Grants awarded to State
educational agencies under this subpart shall be for a
period of not more than 3 years.
[(2) Grants to eligible applicants.--Grants awarded
by the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this subpart shall be for a period of
not more than 3 years, of which the eligible applicant
may use--
[(A) not more than 18 months for planning
and program design;
[(B) not more than 2 years for the initial
implementation of a charter school; and
[(C) not more than 2 years to carry out
dissemination activities described in section
5204(f)(6)(B).
[(d) Limitation.--A charter school may not receive--
[(1) more than one grant for activities described
in subparagraphs (A) and (B) of subsection (c)(2); or
[(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
[(e) Priority Treatment.--
[(1) In general.--In awarding grants under this
subpart for fiscal year 2002 or any succeeding fiscal
year from any funds appropriated under section 5211
(other than funds reserved to carry out section
5205(b)), the Secretary shall give priority to States
to the extent that the States meet the criteria
described in paragraph (2) and one or more of the
criteria described in subparagraph (A), (B), or (C) of
paragraph (3).
[(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) are that the
State provides for periodic review and evaluation by
the authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the student
academic achievement requirements and goals for charter
schools as set forth under State law or the school's
charter.
[(3) Priority criteria.--The criteria referred to
in paragraph (1) are the following:
[(A) The State has demonstrated progress,
in increasing the number of high-quality
charter schools that are held accountable in
the terms of the schools' charters for meeting
clear and measurable objectives for the
educational progress of the students attending
the schools, in the period prior to the period
for which a State educational agency or
eligible applicant applies for a grant under
this subpart.
[(B) The State--
[(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
[(ii) in the case of a State in
which local educational agencies are
the only authorized public chartering
agencies, allows for an appeals process
for the denial of an application for a
charter school.
[(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
[(f) Amount Criteria.--In determining the amount of a grant
to be awarded under this subpart to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.]
[SEC. [5203]5103. APPLICATIONS.
[(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this subpart shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information as the Secretary may require.
[(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
[(1) describe the objectives of the State
educational agency's charter school grant program and a
description of how such objectives will be fulfilled,
including steps taken by the State educational agency
to inform teachers, parents, and communities of the
State educational agency's charter school grant
program; and
[(2) describe how the State educational agency--
[(A) will inform each charter school in the
State regarding--
[(i) Federal funds that the charter
school is eligible to receive; and
[(ii) Federal programs in which the
charter school may participate;
[(B) will ensure that each charter school
in the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
[(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
[(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
[(A) a description of the educational
program to be implemented by the proposed
charter school, including--
[(i) how the program will enable
all students to meet challenging State
student academic achievement standards;
[(ii) the grade levels or ages of
children to be served; and
[(iii) the curriculum and
instructional practices to be used;
[(B) a description of how the charter
school will be managed;
[(C) a description of--
(i) the objectives of the charter
school; and
[(ii) the methods by which the
charter school will determine its
progress toward achieving those
objectives;
[(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
[(E) a description of how parents and other
members of the community will be involved in
the planning, program design, and
implementation of the charter school;
[(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
[(G) a request and justification for
waivers of any Federal statutory or regulatory
provisions that the eligible applicant believes
are necessary for the successful operation of
the charter school, and a description of any
State or local rules, generally applicable to
public schools, that will be waived for, or
otherwise not apply to, the school;
[(H) a description of how the subgrant
funds or grant funds, as appropriate, will be
used, including a description of how such funds
will be used in conjunction with other Federal
programs administered by the Secretary;
[(I) a description of how students in the
community will be--
[(i) informed about the charter
school; and
[(ii) given an equal opportunity to
attend the charter school;
[(J) an assurance that the eligible
applicant will annually provide the Secretary
and the State educational agency such
information as may be required to determine if
the charter school is making satisfactory
progress toward achieving the objectives
described in subparagraph (C)(i);
[(K) an assurance that the eligible
applicant will cooperate with the Secretary and
the State educational agency in evaluating the
program assisted under this subpart;
[(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
[(M) if the eligible applicant desires to
use subgrant funds for dissemination activities
under section 5202(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
[(N) such other information and assurances
as the Secretary and the State educational
agency may require.
[(c) Eligible Applicant Application.--Each eligible
applicant desiring a grant pursuant to section 5202(b) shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
[(d) Contents of Eligible Applicant Application.--Each
application submitted pursuant to subsection (c) shall
contain--
[(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears;
[(2) assurances that the State educational agency--
[(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
[(B) will assist each subgrantee in the
State in receiving a waiver under section
5204(e); and
[(3) assurances that the eligible applicant has
provided its authorized public chartering authority
timely notice, and a copy, of the application, except
that the State educational agency (or the Secretary, in
the case of an application submitted to the Secretary)
may waive the requirement of this paragraph in the case
of an application for a precharter planning grant or
subgrant if the authorized public chartering authority
to which a charter school proposal will be submitted
has not been determined at the time the grant or
subgrant application is submitted.]
[SEC. [5204]5104. ADMINISTRATION.
[(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational agencies
under this subpart on the basis of the quality of the
applications submitted under section 5203(b), after taking into
consideration such factors as--
[(1) the contribution that the charter schools
grant program will make to assisting educationally
disadvantaged and other students in meeting State
academic content standards and State student academic
achievement standards;
[(2) the degree of flexibility afforded by the
State educational agency to charter schools under the
State's charter schools law;
[(3) the ambitiousness of the objectives for the
State charter school grant program;
[(4) the quality of the strategy for assessing
achievement of those objectives;
[(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
[(6) the number of high-quality charter schools
created under this subpart in the State; and
[(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student academic achievement.
[(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
subpart on the basis of the quality of the applications
submitted under section 5203(c), after taking into
consideration such factors as--
[(1) the quality of the proposed curriculum and
instructional practices;
[(2) the degree of flexibility afforded by the
State educational agency and, if applicable, the local
educational agency to the charter school;
[(3) the extent of community support for the
application;
[(4) the ambitiousness of the objectives for the
charter school;
[(5) the quality of the strategy for assessing
achievement of those objectives;
[(6) the likelihood that the charter school will
meet those objectives and improve educational results
for students; and
[(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student achievement.
[(c) Peer Review.--The Secretary, and each State
educational agency receiving a grant under this subpart, shall
use a peer review process to review applications for assistance
under this subpart.
[(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this subpart, shall
award grants and subgrants under this subpart in a manner that,
to the extent possible, ensures that such grants and
subgrants--
[(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
[(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
[(e) 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--
[(1) the waiver is requested in an approved
application under this subpart; and
[(2) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
[(f) Use of Funds.--
[(1) State educational agencies.--Each State
educational agency receiving a grant under this subpart
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this subpart, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
[(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this subpart.
[(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this subpart may
use the grant or subgrant funds only for--
[(A) post-award planning and design of the
educational program, which may include--
[(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
[(ii) professional development of
teachers and other staff who will work
in the charter school; and
[(B) initial implementation of the charter
school, which may include--
[(i) informing the community about
the school;
[(ii) acquiring necessary equipment
and educational materials and supplies;
[(iii) acquiring or developing
curriculum materials; and
[(iv) other initial operational
costs that cannot be met from State or
local sources.
[(4) Administrative expenses.--
[(A) State educational agency
administrative expenses.--Each State
educational agency receiving a grant pursuant
to this subpart may reserve not more than 5
percent of such grant funds for administrative
expenses associated with the charter school
grant program assisted under this subpart.
[(B) Local administrative expenses.--A
local educational agency may not deduct funds
for administrative fees or expenses from a
subgrant awarded to an eligible applicant,
unless the eligible applicant enters
voluntarily into a mutually agreed upon
arrangement for administrative services with
the relevant local educational agency. Absent
such approval, the local educational agency
shall distribute all such subgrant funds to the
eligible applicant without delay.
[(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this subpart may
reserve not more than 10 percent of the grant funds for
the establishment of a revolving loan fund. Such fund
may be used to make loans to eligible applicants that
have received a subgrant under this subpart, under such
terms as may be determined by the State educational
agency, for the initial operation of the charter school
grant program of the eligible applicant until such time
as the recipient begins receiving ongoing operational
support from State or local financing sources.
[(6) Dissemination.--
[(A) In general.--A charter school may
apply for funds under this subpart, whether or
not the charter school has applied for or
received funds under this subpart for planning,
program design, or implementation, to carry out
the activities described in subparagraph (B) if
the charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
[(i) substantial progress in
improving student academic achievement;
[(ii) high levels of parent
satisfaction; and
[(iii) the management and
leadership necessary to overcome
initial start-up problems and establish
a thriving, financially viable charter
school.
[(B) Activities.--A charter school
described in subparagraph (A) may use funds
reserved under paragraph (1) to assist other
schools in adapting the charter school's
program (or certain aspects of the charter
school's program), or to disseminate
information about the charter school, through
such activities as--
[(i) assisting other individuals
with the planning and start-up of one
or more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
[(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
academic achievement in each of the
schools participating in the
partnership;
[(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
[(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
[(g) Tribally Controlled Schools.--Each State that receives
a grant under this subpart and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
[(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
[(2) the amount of such aid.]
[SEC. [5205]5105. NATIONAL ACTIVITIES.
[(a) In General.--The Secretary shall reserve for each
fiscal year the greater of 5 percent or $5,000,000 of the
amount appropriated to carry out this subpart, except that in
no fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
[(1) To provide charter schools, either directly or
through State educational agencies, with--
[(A) information regarding--
[(i) Federal funds that charter
schools are eligible to receive; and
[(ii) other Federal programs in
which charter schools may participate;
and
[(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
[(2) To provide for other evaluations or studies
that include the evaluation of the impact of charter
schools on student academic achievement, including
information regarding--
[(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
[(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
[(3) To provide--
[(A) information to applicants for
assistance under this subpart;
[(B) assistance to applicants for
assistance under this subpart with the
preparation of applications under section 5203;
[(C) assistance in the planning and startup
of charter schools;
[(D) training and technical assistance to
existing charter schools; and
[(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
[(4) To provide (including through the use of one
or more contracts that use a competitive bidding
process) for the collection of information regarding
the financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
[(5) To carry out evaluations of, technical
assistance for, and information dissemination
regarding, the per-pupil facilities aid programs. In
carrying out the evaluations, the Secretary may carry
out one or more evaluations of State programs assisted
under this subsection, which shall, at a minimum,
address--
[(A) how, and the extent to which, the
programs promote educational equity and
excellence; and
[(B) the extent to which charter schools
supported through the programs are--
[(i) held accountable to the
public;
[(ii) effective in improving public
education; and
[(iii) open and accessible to all
students.
[(b) Per-Pupil Facilities Aid Programs.--
[(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 made
available to carry out this subsection under
paragraphs (2) and (3)(B) of section 5211(b)
for any fiscal year, 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.
[(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.
[(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.--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.
[(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.
[(6) Priorities.--In making grants under this
subsection, the Secretary shall give priority to States
that meet the criteria described in paragraph (2), and
subparagraphs (A), (B), and (C) of paragraph (3), of
section 5202(e).
[(c) Rule of Construction.--Nothing in this section shall
be construed to require charter schools to collect any data
described in subsection (a).]
SEC. 5101. PURPOSE.
It is the purpose of this part to--
(1) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
(2) increase the number of high-quality charter
schools available to students across the United States;
(3) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices among charter schools and other public
schools;
(4) encourage States to provide support to charter
schools for facilities financing in an amount more
nearly commensurate to the amount the States have
typically provided for traditional public schools;
(5) expand opportunities for children with
disabilities, students who are English learners, and
other traditionally underserved students to attend
charter schools and meet the challenging State academic
standards under section 1111(b)(1); and
(6) support efforts to strengthen the charter
school authorizing process to improve performance
management, including transparency, monitoring,
including financial audits, and evaluation of such
schools.
SEC. 5102. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to carry out a
charter school program that supports charter schools that serve
early childhood, elementary school, and secondary school
students by--
(1) supporting the startup of charter schools, the
replication of high-quality charter schools, and the
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) the startup of charter schools, the
replication of high-quality charter schools,
and the expansion of high-quality charter
schools;
(B) the dissemination of best practices of
charter schools for all schools;
(C) the evaluation of the impact of the
charter school program under this part on
schools participating in such program; and
(D) stronger charter school authorizing.
(b) Funding Allotment.--From the amount made available
under section 5111 for a fiscal year, the Secretary shall--
(1) reserve 12.5 percent to support charter school
facilities assistance under section 5104;
(2) reserve not less than 25 percent to carry out
national activities under section 5105; and
(3) use the remaining amount after the reservations
under paragraphs (1) and (2) to carry out section 5103.
(c) Prior Grants and Subgrants.--The recipient of a grant
or subgrant under this part (as such part was in effect on the
day before the date of enactment of the Every Child Achieves
Act of 2015) shall continue to receive funds in accordance with
the terms and conditions of such grant or subgrant.
SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
(a) 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.
(b) Program Authorized.--From the amount available under
section 5102(b)(3), the Secretary shall award, on a competitive
basis, grants to State entities having applications approved
under subsection (f) to enable such entities to--
(1) award subgrants to eligible applicants to
enable such eligible applicants to--
(A) open new charter schools;
(B) replicate high-quality charter school
models; or
(C) expand 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, including
developing capacity for and conducting fiscal oversight
and auditing of charter schools.
(c) State Entity 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 pursuant to subsection
(f), for the purposes described in
subparagraphs (A) through (C) of subsection
(b)(1);
(B) reserve not less than 7 percent of such
funds to carry out the activities described in
subsection (b)(2); and
(C) reserve not more than 3 percent of such
funds for administrative costs, which may
include the administrative costs of providing
technical assistance.
(2) Contracts and grants.--A State entity may use a
grant received under this section to carry out the
activities described in paragraph (1)(A) directly or
through grants, contracts, or cooperative agreements.
(3) Rules of construction.--
(A) Use of lottery mechanisms.--Nothing in
this Act shall prohibit the Secretary from
awarding grants to State entities, or State
entities from awarding subgrants to eligible
applicants, that use a weighted lottery, or an
equivalent lottery mechanism, to give better
chances for school admission to all or a subset
of educationally disadvantaged students if--
(i) the use of a weighted lottery
in favor of such students is not
prohibited by State law, and such State
law is consistent with the laws
described in section 5110(2)(G); and
(ii) such weighted lottery is not
used for the purpose of creating
schools exclusively to serve a
particular subset of students.
(B) Students with special needs.--Nothing
in this paragraph shall be construed to
prohibit schools from specializing in providing
specific services for students with a
demonstrated need for such services, such as
students who need specialized instruction in
reading, spelling, or writing.
(d) Program Periods; Peer Review; Distribution of
Subgrants; 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 3 years,
and may be renewed by the Secretary for one
additional 2-year period.
(B) Subgrants.--A subgrant awarded by a
State entity under this section--
(i) shall be for a period of not
more than 3 years, of which an eligible
applicant may use not more than 18
months for planning and program design;
and
(ii) may be renewed by the State
entity for one additional 2-year
period.
(2) Peer review.--The Secretary, and each State
entity awarding subgrants under this section, shall use
a peer-review process to review applications for
assistance under this section.
(3) Distribution of subgrants.--Each State entity
awarding subgrants under this section shall award
subgrants in a manner that, to the extent practicable
and applicable, ensures that such subgrants--
(A) prioritize eligible applicants that
plan to serve a significant number of students
from low-income families;
(B) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
(C) will assist charter schools
representing a variety of educational
approaches.
(4) Waivers.--The Secretary may waive any statutory
or regulatory requirement over which the Secretary
exercises administrative authority under this Act with
respect to charter schools supported under this part,
except any such requirement relating to the elements of
a charter school described in section 5110(2), if--
(A) the waiver is requested in an approved
application under this section; and
(B) the Secretary determines that granting
such waiver will promote the purposes of this
part.
(e) Limitations.--
(1) Grants.--A State entity may not receive more
than 1 grant under this section at a time.
(2) Subgrants.--An eligible applicant may not
receive more than 1 subgrant under this section for
each individual charter school for each grant period or
renewal period, unless the eligible applicant
demonstrates to the State entity that such individual
charter school has demonstrated a strong track record
of positive results over the course of the grant period
regarding the elements described in subparagraphs (A)
and (D) of section 5110(8).
(f) 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 in running a quality charter
school program under this section and how the
objectives of the program will be carried out,
including--
(A) a description of how the State entity
will--
(i) support the opening of new
charter schools and, if applicable, the
replication of high-quality charter
schools and the expansion of high-
quality charter schools, including the
proposed number of charter schools to
be opened, replicated, or expanded
under the State entity's program;
(ii) inform eligible charter
schools, developers, and authorized
public chartering agencies of the
availability of funds under the
program;
(iii) work with eligible applicants
to ensure that the eligible applicants
access all Federal funds that such
applicants are eligible to receive, and
help the charter schools supported by
the applicants and the students
attending those charter schools--
(I) participate in the
Federal programs in which the
schools and students are
eligible to participate; and
(II) receive the
commensurate share of Federal
funds the schools and students
are eligible to receive under
such programs;
(iv) in the case of a State entity
that is not a State educational
agency--
(I) work with the State
educational agency and the
charter schools in the State to
maximize charter school
participation in Federal and
State programs for charter
schools; and
(II) work with the State
educational agency to operate
the State entity's program
under this section, if
applicable;
(v) ensure each eligible applicant
that receives a subgrant under the
State entity's program--
(I) is opening or expanding
schools that meet the
definition of a charter school
under section 5110; and
(II) is prepared to
continue to operate such
charter schools once the
subgrant funds under this
section are no longer
available;
(vi) support charter schools in
local educational agencies with schools
that have been identified by the State
under section 1114(a)(1)(A);
(vii) work with charter schools to
promote inclusion of all students and
support all students upon enrollment in
order to promote retention of students
in the school;
(viii) work with charter schools on
recruitment practices, including
efforts to engage groups that may
otherwise have limited opportunities to
attend charter schools;
(ix) share best and promising
practices among charter schools and
other public schools;
(x) ensure that charter schools
receiving funds under the State
entity's program meet the educational
needs of their students, including
children with disabilities and students
who are English learners; and
(xi) support efforts to increase
charter school quality initiatives,
including meeting the quality
authorizing elements described in
paragraph (2)(D);
(B) a description of how the State will
actively monitor and hold authorized public
chartering agencies accountable to ensure high-
quality authorizing activity, including by
establishing authorizing standards and by
approving, reapproving, and revoking the
authority of an authorized public chartering
agency based on the performance of the charter
schools authorized by such agency in the areas
of student achievement, student safety,
financial and operational management, and
compliance with all applicable statutes;
(C) a description of the extent to which
the State entity--
(i) is able to meet and carry out
the priorities described in subsection
(g)(2);
(ii) is working to develop or
strengthen a cohesive statewide system
to support the opening of new charter
schools and, if applicable, the
replication of high-quality charter
schools, and the expansion of high-
quality charter schools; and
(iii) 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 charter school program under
this section;
(D) a description of how the State entity
will award subgrants, on a competitive basis,
including--
(i) a description of the
application each eligible applicant
desiring to receive a subgrant will be
required to submit, which application
shall include--
(I) a description of the
roles and responsibilities of
eligible applicants, and of any
charter management
organizations or other
organizations with which the
eligible applicant will partner
to open charter schools,
including the administrative
and contractual roles and
responsibilities of such
partners;
(II) a description of the
quality controls agreed to
between the eligible applicant
and the authorized public
chartering agency involved,
such as a contract or
performance agreement,
financial audits to ensure
adequate fiscal oversight, and
how a school's performance on
the State's accountability
system and impact on student
achievement (which may include
student academic growth) will
be one of the most important
factors for renewal or
revocation of the school's
charter;
(III) a description of how
the autonomy and flexibility
granted to a charter school is
consistent with the definition
of a charter school in section
5110; and
(IV) a description of the
eligible applicant's planned
activities and expenditures of
subgrant funds for purposes of
opening a new charter school,
replicating a high-quality
charter school, or expanding a
high-quality charter school,
and how the eligible applicant
will maintain fiscal
sustainability after the end of
the subgrant period; and
(ii) a description of how the State
entity will review applications from
eligible applicants;
(E) in the case of a State entity that
partners with an outside organization to carry
out the entity's quality charter school
program, in whole or in part, a description of
the roles and responsibilities of the partner;
and
(F) a description of how the State entity
will help the charter schools receiving funds
under the State entity's program address the
transportation needs of the schools' students.
(2) Assurances.--Assurances that--
(A) each charter school receiving funds
through the State entity's program will have a
high degree of autonomy over budget and
operations, including autonomy over personnel
decisions;
(B) the State entity will support charter
schools in meeting the educational needs of
their students, as described in paragraph
(1)(A)(x);
(C) the State entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
entity's program--
(i) ensures that the charter school
under the authority of such agency is
meeting the requirements of this Act,
part B of the Individuals with
Disabilities Education Act, title VI of
the Civil Rights Act of 1964, and
section 504 of the Rehabilitation Act
of 1973; and
(ii) adequately monitors and
provides adequate technical assistance
to each charter school under the
authority of such agency in recruiting,
enrolling, retaining, and meeting the
needs of all students, including
children with disabilities and students
who are English learners;
(D) the State entity will promote quality
authorizing, such as through providing
technical assistance to support each authorized
public chartering agency in the State to
improve such agency's ability to monitor the
charter schools authorized by the agency,
including by--
(i) using annual performance data,
which may include graduation rates and
student academic growth data, as
appropriate, to measure a school's
progress toward becoming a high-quality
charter school;
(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; and
(E) 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,
including on the website of the school,
information to help parents make informed
decisions about the education options available
to their children, including information on the
educational program, student support services,
parent contract requirements (as applicable),
including any financial obligations or fees,
enrollment criteria (as applicable), and annual
performance and enrollment data for each of the
categories of students, as defined in section
1111(b)(3)(A).
(3) Requests for waivers.--
(A) Federal statute and regulation.--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 entity's
program under this section.
(B) State and local rules.--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 (a)(4), a description of how the
State entity will work with the State to
request necessary waivers, if applicable.
(g) 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 (f), 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
such law;
(B) the proposed number of new charter
schools to be opened, and, if applicable, the
number of high-quality charter schools to be
replicated or expanded under the program, and
the number of new students to be served by such
schools;
(C) the likelihood that the schools opened,
replicated, or expanded by eligible applicants
receiving subgrant funds will increase the
academic achievement of the school's students
and progress toward becoming high-quality
charter schools; and
(D) the quality of the State entity's plan
to--
(i) monitor the eligible applicants
receiving subgrants under the State
entity's program;
(ii) provide technical assistance
and support for--
(I) the eligible applicants
receiving subgrants under the
State entity's program; and
(II) quality authorizing
efforts in the State.
(2) Priority.--In awarding grants under this
section, the Secretary shall give priority to a State
entity to the extent that the entity meets the
following criteria:
(A) The State entity is located in a State
that--
(i) allows at least one entity that
is not the local educational agency to
be an authorized public chartering
agency for each developer seeking to
open a charter school in the State; or
(ii) in the case of a State in
which local educational agencies are
the only authorized public chartering
agencies, the State has an appeals
process for the denial of an
application for a charter school.
(B) The State entity is located in a State
that ensures that charter schools receive
equitable financing, as compared to traditional
public schools, in a prompt manner.
(C) The State entity is located in a State
that provides charter schools one or more of
the following:
(i) Funding for facilities.
(ii) Assistance with facilities
acquisition.
(iii) Access to public facilities.
(iv) The ability to share in bonds
or mill levies.
(v) The right of first refusal to
purchase public school buildings.
(vi) Low- or no-cost leasing
privileges.
(D) The State entity is located in a State
that uses best practices from charter schools
to help improve struggling schools and local
educational agencies.
(E) The State entity supports charter
schools that support at-risk students through
activities such as dropout prevention or
dropout recovery.
(F) The State entity ensures that each
charter school has a high degree of autonomy
over the charter school's budget and
operations, including autonomy over personnel
decisions.
(G) The State entity has taken steps to
ensure that all authorizing public chartering
agencies implement best practices for charter
school authorizing.
(h) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to carry out
activities related to opening a new charter school, replicating
a high-quality charter school, or expanding a high-quality
charter school, which may include--
(1) supporting the acquisition, expansion, or
preparation of a charter school building to meet
increasing enrollment needs, including financing the
development of a new building and ensuring that a
school building complies with applicable statutes and
regulations;
(2) paying costs associated with hiring additional
teachers to serve additional students;
(3) providing transportation to students to and
from the charter school;
(4) providing instructional materials, implementing
teacher and principal or other school leader
professional development programs, and hiring
additional nonteaching staff;
(5) supporting any necessary activities that assist
the charter school in carrying out this section, such
as preparing individuals to serve as members of the
charter school's board; and
(6) providing early childhood education programs
for children, including direct support to, and
coordination with school- or community-based early
childhood education programs.
(i) 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 grant period and at the end of any
renewal period, a report that includes the following:
(1) The number of students served by each subgrant
awarded under this section and, if applicable, the
number of new students served during each year of the
grant period.
(2) The number and amount of subgrants awarded
under this section to carry out each of the following:
(A) The opening of new charter schools.
(B) The replication of high-quality charter
schools.
(C) The expansion of high-quality charter
schools.
(3) The progress the State entity made toward
meeting the priorities described in subparagraphs (E)
through (G) of subsection (g)(2).
(4) A description of--
(A) how the State entity complied with, and
ensured that eligible applicants complied with,
the assurances described in the State entity's
application;
(B) how the State entity worked with
authorized public chartering agencies, and how
the agencies worked with the management company
or leadership of the schools that receive
subgrant funds, if applicable; and
(C) how each recipient of a subgrant under
this section uses the subgrant funds on early
childhood education programs described in
subsection (h)(6), if such recipient chooses to
use such funds on such programs.
SEC. 5104. FACILITIES FINANCING ASSISTANCE.
(a) Grants to Eligible Entities.--
(1) In general.--From the amount reserved under
section 5102(b)(1), the Secretary shall use not less
than 50 percent to award not less than 3 grants, on a
competitive basis, to eligible entities that have the
highest-quality applications approved under subsection
(d) to demonstrate innovative methods of helping
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 the 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.--An eligible entity desiring to
receive a grant under this section shall submit an
application to the Secretary 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
that the eligible entity proposes to carry out
with funds received under subsection (a),
including how the eligible entity will
determine which charter schools will receive
assistance, and how much and what types of
assistance charter schools will receive;
(B) a description of the involvement of
charter schools in the application's
development and the design of the proposed
activities;
(C) a description of the eligible entity's
expertise in capital market financing;
(D) a description of how the proposed
activities will leverage the maximum amount of
private-sector financing capital relative to
the amount of government funding used and
otherwise enhance credit available to charter
schools, including how the entity will offer a
combination of rates and terms more favorable
than the rates and terms that a charter school
could receive without assistance from the
entity under this section;
(E) a description of how the eligible
entity possesses sufficient expertise in
education to evaluate the likelihood of success
of a charter school program for which
facilities financing is sought; 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 that
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, including
predevelopment costs, 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 in
accomplishing 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 such subsection.
(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 this subsection.
(g) Limitation on Administrative Costs.--An eligible entity
may use not more than 2.5 percent of the funds received under
subsection (a) for the administrative costs of carrying out its
responsibilities under this section (excluding subsection (k)).
(h) Audits and Reports.--
(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a
grant under subsection (a) shall be maintained in
accordance with generally accepted accounting
principles and shall be subject to an annual audit by
an independent public accountant.
(2) Reports.--
(A) Grantee annual reports.--Each eligible
entity receiving a grant under subsection (a)
annually shall submit to the Secretary a report
of the entity's 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 carried out 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 such subsection.
(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to
collect from any eligible entity any funds that are
being properly used to achieve one or more of the
purposes described in subsection (f)(1).
(3) Procedures.--The provisions of sections 451,
452, and 458 of the General Education Provisions Act
shall apply to the recovery of funds under paragraph
(1).
(4) Construction.--This subsection shall not be
construed to impair or affect the authority of the
Secretary to recover funds under part D of the General
Education Provisions Act.
(k) Per-pupil Facilities Aid Program.--
(1) Definition of per-pupil facilities aid
program.--In this subsection, the term ``per-pupil
facilities aid program'' means a program in which a
State makes payments, on a per-pupil basis, to charter
schools to provide the schools with financing--
(A) that is dedicated solely for funding
charter school facilities; or
(B) a portion of which is dedicated for
funding charter school facilities.
(2) Grants.--
(A) In general.--From the amount reserved
under section 5102(b)(1) and 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 for the second such
year;
(iii) 60 percent for the third such
year;
(iv) 40 percent for the fourth such
year; and
(v) 20 percent for the fifth such
year.
(D) State share.--A State receiving a grant
under this subsection may partner with 1 or
more organizations, and such organizations may
provide not more than 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 grant 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.--In
accordance with the method of determination
described in section 1117, funds made available
under this subsection shall be used to
supplement, and not supplant, State and local
public funds expended to provide per-pupil
facilities aid programs, operations financing
programs, or other programs, for charter
schools.
(4) Requirements.--
(A) Voluntary participation.--No State may
be required to participate in a program carried
out under this subsection.
(B) State law.--
(i) In general.--To be eligible to
receive a grant under this subsection,
a State shall establish or enhance, and
administer, a per-pupil facilities aid
program for charter schools in the
State, that--
(I) is specified in State
law; and
(II) provides annual
financing, on a per-pupil
basis, for charter school
facilities.
(ii) Special rule.--A State that is
required under State law to provide its
charter schools with access to adequate
facility space may be eligible to
receive a grant under this subsection
if the State agrees to use the funds to
develop a per-pupil facilities aid
program consistent with the
requirements of this subsection.
(5) Applications.--To be eligible to receive a
grant under this subsection, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
SEC. 5105. NATIONAL ACTIVITIES.
(a) In General.--From the amount reserved under section
5102(b)(2), the Secretary shall--
(1) use not less than 80 percent of such funds to
award grants in accordance with subsection (b); and
(2) use the remainder of such funds to--
(A) disseminate technical assistance to
State entities in awarding subgrants under
section 5103(b)(1)(A);
(B) disseminate best practices regarding
public charter schools;
(C) evaluate the impact of the charter
school program carried out under this part,
including the impact on student achievement;
and
(D) award grants, on a competitive basis,
for the purpose of carrying out the activities
described in section 5103(h), to eligible
applicants that desire to open a charter
school, replicate a high-quality charter
school, or expand a high-quality charter school
in--
(i) a State that did not apply for
a grant under section 5103; or
(ii) a State that did not receive a
grant under section 5103.
(b) Grants for the Replication and Expansion of High-
quality Charter Schools.--The Secretary shall make grants, on a
competitive basis, to eligible entities having applications
approved under paragraph (2) to enable such entities to
replicate a high-quality charter school or expand a high-
quality charter school.
(1) Definition of eligible entity.--For purposes of
this subsection, the term ``eligible entity'' means--
(A) a charter management organization that,
at the time of the application, operates or
manages one or more high-quality charter
schools; or
(B) a nonprofit organization that oversees
and coordinates the activities of a group of
such charter management organizations.
(2) Application requirements.--An eligible entity
desiring to receive a grant under this subsection 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:
(A) A description of the eligible entity's
objectives for implementing a high-quality
charter school program with funding under this
subsection, including a description of the
proposed number of high-quality charter schools
to be replicated or expanded with funding under
this subsection.
(B) A description of the educational
program that the eligible entity will implement
in the charter schools that the eligible entity
proposes to replicate or expand, including
information on how the program will enable all
students to meet the challenging State academic
standards under section 1111(b)(1), the grade
levels or ages of students that will be served,
and the instructional practices that will be
used.
(C) A multi-year financial and operating
model for the eligible entity, including a
description of how the operation of the charter
schools to be replicated or expanded will be
sustained after the grant under this subsection
has ended.
(D) A description of how the eligible
entity will inform all students in the
community, including children with
disabilities, students who are English
learners, and other educationally disadvantaged
students, about the charter schools to be
replicated or expanded with funding under this
subsection.
(E) For each charter school currently
operated or managed by the eligible entity--
(i) student assessment results for
all students and for each category of
students described in section
1111(b)(2)(B)(xi); and
(ii) attendance and student
retention rates for the most recently
completed school year and, if
applicable, the most recent available
4-year adjusted cohort and extended-
year adjusted cohort secondary school
graduation rates (as such rates were
calculated on the day before enactment
of the Every Child Achieves Act of
2015).
(F) Information on any significant
compliance issues encountered, within the last
3 years, by any school operated or managed by
the eligible entity, including in the areas of
student safety and financial management.
(G) A request and justification for any
waivers of Federal statutory or regulatory
requirements that the eligible entity believes
are necessary for the successful operation of
the charter schools to be replicated or
expanded with funding under this subsection.
(3) Selection criteria.--The Secretary shall select
eligible entities to receive grants under this
subsection, on the basis of the quality of the
applications submitted under paragraph (2), after
taking into consideration such factors as--
(A) the degree to which the eligible entity
has demonstrated success in increasing academic
achievement and attainment for all students
attending the charter schools the eligible
entity operates or manages;
(B) the degree to which the eligible entity
has demonstrated success in increasing academic
achievement and attainment for each of the
categories of students, as defined in section
1111(b)(3)(A);
(C) the quality of the eligible entity's
financial and operating model as described
under paragraph (2)(C), including the quality
of the eligible entity's plan for sustaining
the operation of the charter schools to be
replicated or expanded after the grant under
this subsection has ended;
(D) a determination that the eligible
entity has not operated or managed a
significant proportion of charter schools
that--
(i) have been closed;
(ii) have had a school charter
revoked due to problems with statutory
or regulatory compliance; or
(iii) have had the school's
affiliation with the eligible entity
revoked; and
(E) a determination that the eligible
entity has not experienced significant problems
with statutory or regulatory compliance that
could lead to the revocation of a school's
charter.
(4) Priority.--In awarding grants under this
section, the Secretary shall give priority to eligible
entities that operate or manage charter schools that,
in the aggregate, serve students at least 60 percent of
whom are eligible for a free or reduced price lunch
under the Richard B. Russell National School Lunch Act.
(5) Terms and conditions.--Except as otherwise
provided in this subsection, grants awarded under
subsection (a)(2)(D) and this subsection shall have the
same terms and conditions as grants awarded to State
entities under section 5103.
SEC. [5206]5106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
(a) In General.--* * *
* * * * * * *
(c) New or Significantly Expanding Charter Schools.--For
purposes of implementing the hold harmless protections in
sections 1122(c) and 1125A(g)(3) for a newly opened or
significantly expanded charter school under subsection (a), a
State educational agency shall calculate a hold-harmless base
for the prior year that, as applicable, reflects the new or
significantly expanded enrollment of the charter school.
* * * * * * *
SEC. [5207]5107. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
* * * * * * *
SEC. [5208]5108. RECORDS TRANSFER.
State educational agencies and local educational agencies,
as quickly as possible and to the extent practicable, shall
ensure that a student's records and, if applicable, a student's
individualized education program as defined in section 602 of
the Individuals with Disabilities Education Act, are
transferred to a charter school upon the transfer of the
student to the charter school, and to another public school
upon the transfer of the student from a charter school to
another public school, in accordance with applicable State law.
* * * * * * *
SEC. [5209]5109. PAPERWORK REDUCTION.
* * * * * * *
SEC. [5210]5110. DEFINITIONS.
In this subpart:
[(4)](1) Authorized public chartering agency.--* *
*
[(1)](2) Charter school.--The term ``charter
school'' means a public school that--
(A) * * *
* * * * * * *
(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[, and part B], the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly
referred to as the ``Family Educational Rights
and Privacy Act of 1974''), and part B of the
Individuals with Disabilities Education Act;
[(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;]
(H) is a school to which parents choose to
send their children, and which--
(i) admits students on the basis of
a lottery, if more students apply for
admission than can be accommodated; or
(ii) in the case of a school that
has an affiliated charter school (such
as a school that is part of the same
network of schools), automatically
enrolls students who are enrolled in
the immediate prior grade level of the
affiliated charter school and, for any
additional student openings or student
openings created through regular
attrition in student enrollment in the
affiliated charter school and the
enrolling school, admits students on
the basis of a lottery as described in
clause (i);
[(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 requirements are
specifically waived for the purpose of this
program;]
(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;
* * * * * * *
(K) operates in accordance with State law;
[and]
(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 students in early childhood
education programs or postsecondary students.
(3) Charter management organization.--The term
``charter management organization'' means a nonprofit
organization that operates or manages multiple charter
schools by centralizing or sharing certain functions or
resources.
(4) Charter school support organization.--The term
``charter school support organization'' means a
nonprofit, nongovernmental entity that is not an
authorized public chartering agency and 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 operating
charter schools.
* * * * * * *
[(2)](5) Developer.-- * * *
[(3)](6) Eligible applicant.--The term ``eligible
applicant'' means a developer that has--
(A) * * *
(B) provided adequate and timely notice to
that authority [under section 5203(d)(3)].
* * * * * * *
(7) Expansion of a high-quality charter school.--
The term ``expansion of a high-quality charter school''
means increasing the enrollment at a high-quality
charter school by not less than 50 percent or adding 2
or more grades to a high-quality charter 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 student
academic growth, as determined by a State;
(B) has no significant issues in the areas
of student safety, financial management, or
statutory or regulatory compliance;
(C) has demonstrated success in
significantly increasing student academic
achievement, including graduation rates where
applicable, for all students served by the
charter school; and
(D) has demonstrated success in increasing
student academic achievement, including
graduation rates where applicable, for each of
the categories of students, as defined in
section 1111(b)(3)(A), 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) Replication of a high-quality charter school.--
The term ``replication of a high-quality charter
school'' means the opening of a charter school--
(A) under an existing charter or an
additional charter, if permitted by State law;
(B) based on the model of a high-quality
charter school; and
(C) that will be operated or managed by the
same nonprofit organization that operates or
manages such high-quality charter school under
an existing charter.
* * * * * * *
[SEC. [5211]5111. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated
to carry out this subpart $300,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding
fiscal years.
[(b) Reservation.--From the amount appropriated under
subsection (a) for each fiscal year, the Secretary shall
reserve--
[(1) $200,000,000 to carry out this subpart, other
than section 5205(b); and
[(2) any funds in excess of $200,000,000, that do
not exceed $300,000,000, to carry out section 5205(b);
and
[(3)(A) 50 percent of any funds in excess of
$300,000,000 to carry out this subpart, other than
section 5205(b); and
[(B) 50 percent of any funds in excess of
$300,000,000 to carry out section 5205(b).]
SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
* * * * * * *
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation]
[SEC. 5221. PURPOSE.
[The purpose of this subpart is to provide grants to
eligible entities to permit the eligible entities to
demonstrate innovative credit enhancement initiatives that
assist charter schools to address the cost of acquiring,
constructing, and renovating facilities.]
[SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.
[(a) Grants.--The Secretary shall use 100 percent of the
amount available to carry out this subpart to award not less
than three grants to eligible entities that have applications
approved under this subpart 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.
[(b) Grantee Selection.--
[(1) Evaluation of application.--The Secretary
shall evaluate each application submitted under section
5223, and shall determine whether the application is
sufficient to merit approval.
[(2) Distribution of grants.--The Secretary shall
award at least one grant to an eligible entity
described in section 5230(2)(A), at least one grant to
an eligible entity described in section 5230(2)(B), and
at least one grant to an eligible entity described in
section 5230(2)(C), if applications are submitted that
permit the Secretary to do so without approving an
application that is not of sufficient quality to merit
approval.
[(c) Grant Characteristics.--Grants under this subpart
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) Special Rule.--In the event the Secretary determines
that the funds made available under this subpart are
insufficient to permit the Secretary to award not less than
three grants in accordance with subsections (a) through (c),
such three-grant minimum and subsection (b)(2) shall not apply,
and the Secretary may determine the appropriate number of
grants to be awarded in accordance with subsection (c).]
[SEC. 5223. APPLICATIONS.
[(a) In General.--To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in
such form as the Secretary may reasonably require.
[(b) Contents.--An application submitted under subsection
(a) shall contain--
[(1) a statement identifying the activities
proposed to be undertaken with funds received under
this subpart, 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;
[(2) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
[(3) a description of the eligible entity's
expertise in capital market financing;
[(4) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of government
funding used and otherwise enhance credit available to
charter schools;
[(5) 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;
[(6) in the case of an application submitted by a
State governmental entity, a description of the actions
that the entity has taken, or will take, to ensure that
charter schools within the State receive the funding
the charter schools need to have adequate facilities;
and
[(7) such other information as the Secretary may
reasonably require.]
[SEC. 5224. CHARTER SCHOOL OBJECTIVES.
[An eligible entity receiving a grant under this subpart
shall use the funds deposited in the reserve account
established under section 5225(a) to assist one or more charter
schools to access private sector capital to accomplish one or
both of the following objectives:
[(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
[2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.]
[SEC. 5225. RESERVE ACCOUNT.
[(a) Use of Funds.--To assist charter schools to accomplish
the objectives described in section 5224, an eligible entity
receiving a grant under this subpart shall, in accordance with
State and local law, directly or indirectly, alone or in
collaboration with others, deposit the funds received under
this subpart (other than funds used for administrative costs in
accordance with section 5226) 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:
[(1) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in section 5224.
[2) Guaranteeing and insuring leases of personal
and real property for an objective described in section
5224.
[(3) 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.
[(4) 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).
[(b) Investment.--Funds received under this subpart and
deposited in the reserve account established under subsection
(a) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
[(c) Reinvestment of Earnings.--Any earnings on funds
received under this subpart shall be deposited in the reserve
account established under subsection (a) and used in accordance
with such subsection.]
[SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.
[An eligible entity may use not more than 0.25 percent of
the funds received under this subpart for the administrative
costs of carrying out its responsibilities under this subpart.]
[SEC. 5227. AUDITS AND REPORTS.
[(a) Financial Record Maintenance and Audit.--The financial
records of each eligible entity receiving a grant under this
subpart shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
[(b) Reports.--
[(1) Grantee annual reports.--Each eligible entity
receiving a grant under this subpart annually shall
submit to the Secretary a report of its operations and
activities under this subpart.
[(2) Contents.--Each annual report submitted under
paragraph (1) shall include--
[(A) 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;
[(B) a copy of any report made on an audit
of the financial records of the eligible entity
that was conducted under subsection (a) during
the reporting period;
[(C) an evaluation by the eligible entity
of the effectiveness of its use of the Federal
funds provided under this subpart in leveraging
private funds;
[(D) a listing and description of the
charter schools served during the reporting
period;
[(E) a description of the activities
carried out by the eligible entity to assist
charter schools in meeting the objectives set
forth in section 5224; and
[(F) a description of the characteristics
of lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this subpart during
the reporting period.
[(3) Secretarial report.--The Secretary shall
review the reports submitted under paragraph (1) and
shall provide a comprehensive annual report to Congress
on the activities conducted under this subpart.]
[SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.
[No financial obligation of an eligible entity entered
into pursuant to this subpart (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 subpart.]
[SEC. 5229. RECOVERY OF FUNDS.
[(a) In General.--The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect--
[(1) all of the funds in a reserve account
established by an eligible entity under section 5225(a)
if the Secretary determines, not earlier than 2 years
after the date on which the eligible entity first
received funds under this subpart, that the eligible
entity has failed to make substantial progress in
carrying out the purposes described in section 5225(a);
or
[(2) all or a portion of the funds in a reserve
account established by an eligible entity under section
5225(a) 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 section 5225(a).
[(b) Exercise of Authority.--The Secretary shall not
exercise the authority provided in subsection (a) to collect
from any eligible entity any funds that are being properly used
to achieve one or more of the purposes described in section
5225(a).
[(c) Procedures.--The provisions of sections 451, 452, and
458 of the General Education Provisions Act shall apply to the
recovery of funds under subsection (a).
[(d) Construction.--This section 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.]
[SEC. 5230. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school''
has the meaning given such term in section 5210.
[(2) Eligible entity.--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).]
[SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subpart, there are
authorized to be appropriated $150,000,000 for fiscal year 2002
and such sums as may be necessary for fiscal year 2003.]
[Subpart 3--Voluntary Public School Choice Programs]
[SEC. 5241. GRANTS.
[(a) Authorization.--From funds made available under
section 5248 to carry out this subpart, the Secretary shall
award grants, on a competitive basis, to eligible entities to
enable the entities to establish or expand a program of public
school choice (referred to in this subpart as a ``program'') in
accordance with this subpart.
[(b) Duration.--Grants awarded under subsection (a) may be
awarded for a period of not more than 5 years.]
[SEC. 5242. USES OF FUNDS.
[(a) Required Use of Funds.--An eligible entity that
receives a grant under this subpart shall use the grant funds
to provide students selected to participate in the program with
transportation services or the cost of transportation to and
from the public elementary schools and secondary schools,
including charter schools, that the students choose to attend
under the program.
[(b) Permissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may use the grant funds
for--
[(1) planning or designing a program (for not more
than 1 year);
[(2) the cost of making tuition transfer payments
to public elementary schools or secondary schools to
which students transfer under the program;
[(3) the cost of capacity-enhancing activities that
enable high-demand public elementary schools or
secondary schools to accommodate transfer requests
under the program;
[(4) the cost of carrying out public education
campaigns to inform students and parents about the
program; and
[(5) other costs reasonably necessary to implement
the program.
[(c) Nonpermissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may not use the grant funds
for school construction.
[(d) Administrative Expenses.--The eligible entity may use
not more than 5 percent of the funds made available through the
grant for any fiscal year for administrative expenses.]
[SEC. 5243. APPLICATIONS.
[(a) Submission.--An eligible entity that desires a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
[(b) Contents.--An application submitted under subsection
(a) shall include--
[(1) a description of the program for which the
eligible entity seeks funds and the goals for such
program;
[(2) a description of how and when parents of
students will be given the notice required under
section 5245(a)(2);
[(3) a description of how students will be selected
for the program;
[(4) a description of how the program will be
coordinated with, and will complement and enhance,
other related Federal and non-Federal projects;
[(5) if the program is to be carried out by a
partnership, the name of each partner and a description
of the partner's responsibilities; and
[(6) such other information as the Secretary may
require.]
[SEC. 5244. PRIORITIES.
[In awarding grants under this subpart, the Secretary shall
give priority to an eligible entity--
[(1) whose program would provide the widest variety
of choices to all students in participating schools;
[(2) whose program would, through various choice
options, have the most impact in allowing students in
low-performing schools to attend higher-performing
schools; and
[(3) that is a partnership that seeks to implement
an interdistrict approach to carrying out a program.]
[SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.
[(a) Parent and Community Involvement and Notice.--In
carrying out a program under this subpart, an eligible entity
shall--
[(1) develop the program with--
[(A) the involvement of parents and others
in the community to be served; and
[(B) individuals who will carry out the
program, including administrators, teachers,
principals, and other staff; and
[(2) provide to parents of students in the area to
be served by the program with prompt notice of--
[(A) the existence of the program;
[(B) the program's availability; and
[(C) a clear explanation of how the program
will operate.
[(b) Selection of Students.--An eligible entity that
receives a grant under this subpart shall select students to
participate in a program on the basis of a lottery, if more
students apply for admission to the program than can be
accommodated.
[(c) Voluntary Participation.--Student participation in a
program funded under this subpart shall be voluntary.]
[SEC. 5246. EVALUATIONS.
[(a) In General.--From the amount made available to carry
out this subpart for any fiscal year, the Secretary may reserve
not more than 5 percent--
[(1) to carry out evaluations;
[(2) to provide technical assistance; and
[(3) to disseminate information.
[(b) Evaluations.--In carrying out the evaluations under
subsection (a), the Secretary shall, at a minimum, address--
[(1) how, and the extent to which, the programs
promote educational equity and excellence;
[(2) the characteristics of the students
participating in the programs; and
[(3) the effect of the programs on the academic
achievement of students participating in the programs,
particularly students who move from schools identified
under section 1116 to schools not so identified, and on
the overall quality of participating schools and
districts.]
[SEC. 5247. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school''
has the meaning given such term in section 5210.
[(2) Eligible entity.--The term ``eligible entity''
means--
[(A) one or more State educational
agencies;
[(B) one or more local educational
agencies; or
[(C) a partnership of--
[(i) one or more--
[(I) State educational
agencies; and
[(II) local educational
agencies or other public, for-
profit, or nonprofit entities;
or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) public, for-profit,
or nonprofit entities.
[(3) Low-performing school.--The term ``low-
performing school'' means a public elementary school or
secondary school that has failed to make adequate
yearly progress, as described in section 1111(b), for
two or more consecutive years.]
[SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2002 and each of the 5
succeeding fiscal years.]
* * * * * * *
PART [C]B--MAGNET SCHOOLS ASSISTANCE
SEC. [5301]5201. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) * * *
(b) Purpose.--* * *
(1) the elimination, reduction, or prevention of
minority group isolation and the increase of
socioeconomic integration in elementary schools and
secondary schools with substantial proportions of low-
income and minority students, which shall include
assisting in the efforts of the United States to
achieve voluntary desegregation in public schools;
(2) the development[and implementation],
implementation, and expansion of magnet school programs
that will assist local educational agencies in
achieving systemic reforms and providing all students
the opportunity to meet challenging State academic
[content standards and student academic achievement
standards]standards under section 1111(b)(1);
(3) the development[and design], design, and
expansion of innovative educational methods and
practices that promote diversity and increase choices
in public elementary schools and public secondary
schools and public educational programs;
(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the attainment of tangible and
marketable [vocational]career, technological, and
professional skills of students attending such schools;
* * * * * * *
(6) ensuring that all students enrolled in the
magnet school programs have equitable access to high
quality education that will enable the students to
succeed academically and continue with postsecondary
education or [productive employment] to enter into the
workforce without the need for postsecondary education.
* * * * * * *
SEC. [5302]5202. DEFINITION.
For the purpose of this part, the term ``magnet school''
means a public elementary school, public secondary school,
public elementary education center, or public secondary
education center that offers a special curriculum capable of
attracting substantial numbers of students of different racial
[backgrounds], ethnic, and socioeconomic backgrounds.
* * * * * * *
SEC. [5303]5203. PROGRAM AUTHORIZED.
* * * * * * *
SEC. [5304]5204. ELIGIBILITY.
* * * * * * *
SEC. [5305]5205. APPLICATIONS AND REQUIREMENTS.
(a) Applications.-- * * *
(b) Information and Assurances.--Each application submitted
under subsection (a) shall include--
(1) a description of--
(A) how a grant awarded under this part
will be used to promote desegregation,
including any available evidence on how the
proposed magnet school programs will increase
interaction among students of different social,
economic, ethnic, and racial backgrounds;
(B) the manner and extent to which the
magnet school program will increase student
academic achievement in the instructional area
or areas offered by the school, including any
evidence available to support such description;
(C) * * *
(D) how the applicant will assess, monitor,
and evaluate the impact of the activities
funded under this part on student achievement
and integration;
[(D)](E) * * *
* * * * * * *
[(E)](F) * * *
* * * * * * *
(2) assurances that the applicant [will]--
(A) will use grant funds under this part
for the purposes specified in [section
5301(b)]section 5201(b);
(B) [employ highly qualified]will employ
effective teachers in the courses of
instruction assisted under this part;
(C) [not engage in] is not currently
engaging in and will not engage in
discrimination based on race, religion, color,
national origin, sex, or disability in--
(i) * * *
(D) will carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
(E) will give students residing in the
local attendance area of the proposed magnet
school program equitable consideration for
placement in the program, consistent with
desegregation guidelines and the capacity of
the applicant to accommodate the students.
* * * * * * *
SEC. [5306]5206. PRIORITY.
In awarding grants under this part, the Secretary shall
give priority to applicants that--
(1) * * *
[(2) propose to carry out new magnet school
programs, or significantly revise existing magnet
school programs; and]
(2) propose to--
(A) carry out a new, evidence-based magnet
school program;
(B) significantly revise an existing magnet
school program, using evidence-based methods
and practices, as available; or
(C) expand an existing magnet school
program that has a demonstrated record of
success in increasing student academic
achievement, reducing isolation of minority
groups, and increasing socioeconomic
integration; and
(3) * * *
* * * * * * *
SEC. [5307]5207. USE OF FUNDS.
(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency, or
consortium of such agencies--
(1) * * *
* * * * * * *
(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers [who are highly qualified], and instructional
staff where applicable, who are necessary to conduct
programs in magnet schools;
* * * * * * *
(6) to enable the local educational agency, or
consortium of such agencies, to have more flexibility
in the administration of a magnet school program in
order to serve students attending a school who are not
enrolled in a magnet school program; [and]
(7) to enable the local educational agency, or
consortium of such agencies, to have flexibility in
designing magnet schools for students in all grades[.];
and
(8) to enable the local educational agency, or
consortium of such agencies, or other organizations
partnered with such agency or consortium, to establish,
expand, or strengthen inter-district and regional
magnet programs.
(b) Special Rule.--Grant funds under this part may be used
for activities described in paragraphs (2) and (3) of
subsection (a) only if the activities are directly related to
improving student academic achievement based on [the State's
challenging academic content standards and student academic
achievement standards or directly related to improving student
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving vocational, technological, and professional
skills.]the challenging State academic standards under section
1111(b)(1) or are directly related to improving student
academic, career, or technological skills and professional
skills.
* * * * * * *
[SEC. 5308. PROHIBITION.
[Grants under this part may not be used for transportation
or any activity that does not augment academic improvement.]
SEC. [5309]5208. LIMITATIONS.
(a) Duration of Awards.--A grant under this part shall be
awarded [for a period that shall not exceed 3 fiscal years.]for
an initial period of not more than 3 fiscal years, and may be
renewed for not more than an additional 2 years if the
Secretary finds that the recipient of a grant under this part
is achieving the intended outcomes of the grant and shows
improvement in increasing student academic achievement,
reducing minority group isolation, and increasing socioeconomic
integration, or other indicators of success established by the
Secretary.
* * * * * * *
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
[July]June 1 of the applicable fiscal year.
* * * * * * *
SEC. [5311]5209. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated [$125,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 5 succeeding fiscal years.]such sums as may be necessary
for each of fiscal years 2016 through 2021.
(b) Reservation for Technical Assistance.--The Secretary
may reserve not more than 1 percent of the funds appropriated
under subsection (a) for any fiscal year to provide technical
assistance and carry out dissemination projects with respect to
magnet school programs assisted under this part.
[(b)](c) Availability of Funds for Grants to Agencies Not
Previously Assisted.--* * *
* * * * * * *
[SEC. 5310. EVALUATIONS.
[(a) Reservation.--The Secretary may reserve not more than
2 percent of the funds appropriated under section 5311(a) for
any fiscal year to carry out evaluations, provide technical
assistance, and carry out dissemination projects with respect
to magnet school programs assisted under this part.
[(b) Contents.--Each evaluation described in subsection
(a), at a minimum, shall address--
[(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
[(2) the extent to which magnet school programs
enhance student access to a high quality education;
[(3) the extent to which magnet school programs
lead to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students; and
[(4) the extent to which magnet school programs
differ from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
[(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.]
* * * * * * *
[PART D--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 5401. [20 U.S.C. 7241] AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part the following amounts:
[(1) $550,000,000 for fiscal year 2002.
[(2) $575,000,000 for fiscal year 2003.
[(3) $600,000,000 for fiscal year 2004.
[(4) $625,000,000 for fiscal year 2005.
[(5) $650,000,000 for fiscal year 2006.
[(6) $675,000,000 for fiscal year 2007.]
[Subpart 1--Fund for the Improvement of Education]
[SEC. 5411. [20 U.S.C. 7243] PROGRAMS AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to support
nationally significant programs to improve the quality of
elementary and secondary education at the State and local
levels and help all children meet challenging State academic
content and student academic achievement standards. The
Secretary may carry out such programs directly, or through
grants to, or contracts with--
[(1) States or local educational agencies;
[(2) institutions of higher education; and
[(3) other public and private agencies,
organizations, and institutions.
[(b) Uses of Funds.--Funds made available under section
5401 to carry out this subpart may be used for any of the
following programs:
[(1) Activities to promote systemic education
reform at the State and local levels, including
scientifically based research, development, and
evaluation designed to improve--
[(A) student academic achievement at the
State and local level; and
[(B) strategies for effective parent and
community involvement.
[(2) Programs at the State and local levels that
are designed to yield significant results, including
programs to explore approaches to public school choice
and school-based decisionmaking.
[(3) Recognition programs, which may include
financial awards to States, local educational agencies,
and schools that have made the greatest progress, based
on the Secretary's determination or on a nomination by
the State in which the school is located (or in the
case of a Bureau funded school, by the Secretary of the
Interior) in--
[(A) improving the academic achievement of
economically disadvantaged students and
students from major racial and ethnic minority
groups; and
[(B) closing the academic achievement gap
for those groups of students farthest away from
the proficient level on the academic
assessments administered by the State under
section 1111.
[(4) Scientifically based studies and evaluations
of education reform strategies and innovations, and the
dissemination of information on the effectiveness of
such strategies and innovations.
[(5) Identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools,
including programs to evaluate the effectiveness of
using the best practices of exemplary or Blue Ribbon
Schools to improve academic achievement.
[(6) Activities to support Scholar-Athlete Games
programs, including the World Scholar-Athlete Games and
the U.S. Scholar-Athlete Games.
[(7) Programs to promote voter participation in
American elections through programs, such as the
National Student/Parent Mock Election and Kids Voting
USA.
[(8) Demonstrations relating to the planning and
evaluation of the effectiveness of programs under which
local educational agencies or schools contract with
private management organizations to reform a school or
schools.
[(9) Other programs that meet the purposes of this
Act.
[(c) Basis of Awards.--The Secretary is authorized to--
[(1) make awards under this subpart on the basis of
competitions announced by the Secretary; and
[(2) support meritorious unsolicited proposals for
awards under this subpart.
[(d) Effectiveness of Programs.--The Secretary shall ensure
that programs supported under this subpart are designed so that
their effectiveness is readily ascertainable, and shall ensure
that such effectiveness is assessed using rigorous,
scientifically based research and evaluations.]
[SEC. 5412. [20 U.S.C. 7243A] APPLICATIONS.
[(a) Submission.--To be eligible for an award under this
subpart, an entity shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
[(b) Contents.--Each application submitted under subsection
(a) shall--
[(1) establish clear objectives, which are based on
scientifically based research, for the proposed
program; and
[(2) describe the activities the applicant will
carry out in order to meet the objectives described in
paragraph (1).
[(c) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for awards under this subpart
and in recognizing States, local educational agencies, and
schools under section 5411(b)(3), only if funds are used for
such recognition programs. The Secretary may use funds
appropriated under this subpart for the cost of such peer
review.]
[SEC. 5413. [20 U.S.C. 7243B] PROGRAM REQUIREMENTS.
[(a) Evaluations.--A recipient of an award under this
subpart shall--
[(1) evaluate the effectiveness of the program
funded under the award in achieving the objectives
stated in applications submitted under section 5412;
and
[(2) report to the Secretary such information as
may be required to determine the effectiveness of such
program, including evidence of progress toward meeting
such objectives.
[(b) Dissemination of Evaluation Results.--The Secretary
shall provide for the dissemination of the evaluations of
programs funded under this subpart by making the evaluations
publicly available upon request, and shall provide public
notice that the evaluations are so available.
[(c) Matching Funds.--The Secretary may require recipients
of awards under this subpart to provide matching funds from
non-Federal sources, and shall permit the recipients to match
funds in whole or in part with in-kind contributions.
[(d) Special Rule for Recognition Programs.--The
application requirements of section 5412(b), and the evaluation
requirements of subsections (a) and (b) of this section, do not
apply to recognition programs under section 5411(b)(3).]
[SEC. 5414. [20 U.S.C. 7243C] STUDIES OF NATIONAL SIGNIFICANCE.
[(a) Studies.--The Secretary shall conduct the following
studies of national significance:
[(1) Unhealthy public school buildings.--A study
regarding the health and learning impacts of
environmentally unhealthy public school buildings on
students and teachers. The study shall include the
following information:
[(A) The characteristics of those public
elementary school and secondary school
buildings that contribute to unhealthy school
environments.
[(B) The health and learning impacts of
environmental unhealthy public school buildings
on students that are attending or that have
attended such schools.
[(C) Recommendations to Congress on how to
assist schools that are out of compliance with
Federal or State health and safety codes, and a
cost estimate of bringing up environmentally
unhealthy public school buildings to minimum
Federal health and safety building standards.
[(2) Exposure to violent entertainment.--A study
regarding how exposure to violent entertainment (such
as in movies, music, television, Internet content,
video games, and arcade games) affects children's
cognitive development and educational achievement.
[(3) Sexual abuse in schools.--A study regarding
the prevalence of sexual abuse in schools, including
recommendations and legislative remedies for addressing
the problem of sexual abuse in schools.
[(b) Completion Date.--The studies under subsection (a)
shall be completed not later than 18 months after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Public Dissemination.--The Secretary shall make the
study conducted under subsection (a)(1) available to the public
through the Educational Resources Information Center National
Clearinghouse for Educational Facilities of the Department.]
[Subpart 2--Elementary and Secondary School Counseling Programs]
[SEC. 5421. [20 U.S.C. 7245] ELEMENTARY AND SECONDARY SCHOOL COUNSELING
PROGRAMS.
[(a) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
such agencies to establish or expand elementary school
and secondary school counseling programs that comply
with the requirements of subsection (c)(2).
[(2) Special consideration.--In awarding grants
under this section, the Secretary shall give special
consideration to applications describing programs
that--
[(A) demonstrate the greatest need for new
or additional counseling services among
children in the schools served by the local
educational agency, in part by providing
information on current ratios of students to
school counselors, students to school social
workers, and students to school psychologists;
[(B) propose the most promising and
innovative approaches for initiating or
expanding school counseling; and
[(C) show the greatest potential for
replication and dissemination.
[(3) Equitable distribution.--In awarding grants
under this section, the Secretary shall ensure an
equitable geographic distribution among the regions of
the United States and among local educational agencies
located in urban, rural, and suburban areas.
[(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
[(5) Maximum grant.--A grant awarded under this
section shall not exceed $400,000 for any fiscal year.
[(6) Supplement, not supplant.--Funds made
available under this section shall be used to
supplement, and not supplant, other Federal, State, or
local funds used for providing school-based counseling
and mental health services to students.
[(b) Applications.--
[(1) In general.--Each local 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 reasonably require.
[(2) Contents.--Each application for a grant under
this section shall--
[(A) describe the school population to be
targeted by the program, the particular
counseling needs of such population, and the
current school counseling resources available
for meeting such needs;
[(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
[(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
[(D) describe how the local educational
agency will involve community groups, social
service agencies, and other public and private
entities in collaborative efforts to enhance
the program and promote school-linked services
integration;
[(E) document that the local educational
agency has the personnel qualified to develop,
implement, and administer the program;
[(F) describe how diverse cultural
populations, if applicable, will be served
through the program;
[(G) assure that the funds made available
under this subpart for any fiscal year will be
used to supplement, and not supplant, any other
Federal, State, or local funds used for
providing school-based counseling and mental
health services to students; and
[(H) assure that the applicant will appoint
an advisory board composed of interested
parties, including parents, teachers, school
administrators, counseling services providers
described in subsection (c)(2)(D), and
community leaders, to advise the local
educational agency on the design and
implementation of the program.
[(c) Use of Funds.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
the local educational agencies to initiate or expand
elementary school or secondary school counseling
programs that comply with the requirements of paragraph
(2).
[(2) Requirements.--Each program funded under this
section shall--
[(A) be comprehensive in addressing the
counseling and educational needs of all
students;
[(B) use a developmental, preventive
approach to counseling;
[(C) increase the range, availability,
quantity, and quality of counseling services in
the elementary schools and secondary schools of
the local educational agency;
[(D) expand counseling services through
qualified school counselors, school social
workers, school psychologists, other qualified
psychologists, or child and adolescent
psychiatrists;
[(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
or academic and career planning, or to improve
peer interaction;
[(F) provide counseling services in
settings that meet the range of student needs;
[(G) include in-service training
appropriate to the activities funded under this
Act for teachers, instructional staff, and
appropriate school personnel, including in-
service training in appropriate identification
and early intervention techniques by school
counselors, school social workers, school
psychologists, other qualified psychologists,
and child and adolescent psychiatrists;
[(H) involve parents of participating
students in the design, implementation, and
evaluation of the counseling program;
[(I) involve community groups, social
service agencies, or other public or private
entities in collaborative efforts to enhance
the program and promote school-linked
integration of services;
[(J) evaluate annually the effectiveness
and outcomes of the counseling services and
activities assisted under this section;
[(K) ensure a team approach to school
counseling in the schools served by the local
educational agency by working toward ratios
recommended by the American School Health
Association of one school counselor to 250
students, one school social worker to 800
students, and one school psychologist to 1,000
students; and
[(L) ensure that school counselors, school
psychologists, other qualified psychologists,
school social workers, or child and adolescent
psychiatrists paid from funds made available
under this section spend a majority of their
time counseling students or in other activities
directly related to the counseling process.
[(d) Limitation on Administrative Costs.--Not more than 4
percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry
out this section.
[(e) Definitions.--For the purpose of this section--
[(1) the term ``child and adolescent psychiatrist''
means an individual who--
[(A) possesses State medical licensure; and
[(B) has completed residency training
programs in both general psychiatry and child
and adolescent psychiatry;
[(2) the term ``other qualified psychologist''
means an individual who has demonstrated competence in
counseling children in a school setting and who--
[(A) is licensed in psychology by the State
in which the individual works; and
[(B) practices in the scope of the
individual's education, training, and
experience with children in school settings;
[(3) the term ``school counselor'' means an
individual who has documented competence in counseling
children and adolescents in a school setting and who--
[(A) is licensed by the State or certified
by an independent professional regulatory
authority;
[(B) in the absence of such State licensure
or certification, possesses national
certification in school counseling or a
specialty of counseling granted by an
independent professional organization; or
[(C) holds a minimum of a master's degree
in school counseling from a program accredited
by the Council for Accreditation of Counseling
and Related Educational Programs or the
equivalent;
[(4) the term ``school psychologist'' means an
individual who--
[(A) has completed a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours are in the school setting;
[(B) is licensed or certified in school
psychology by the State in which the individual
works; or
[(C) in the absence of such State licensure
or certification, possesses national
certification by the National School Psychology
Certification Board; and
[(5) the term ``school social worker'' means an
individual who--
[(A) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
[(B)(i) is licensed or certified by the
State in which services are provided; or
[(ii) in the absence of such State
licensure or certification, possesses a
national credential or certification as a
school social work specialist granted by an
independent professional organization.
[(f) Report.--Not later than 2 years after assistance is
made available to local educational agencies under subsection
(c), the Secretary shall make publicly available a report--
[(1) evaluating the programs assisted pursuant to
each grant under this subpart; and
[(2) outlining the information from local
educational agencies regarding the ratios of students
to--
[(A) school counselors;
[(B) school social workers; and
[(C) school psychologists.
[(g) Special Rule.--
[(1) Amount equals or exceeds $40,000,000.--If the
amount of funds made available by the Secretary for
this subpart equals or exceeds $40,000,000, the
Secretary shall award not less than $40,000,000 in
grants to local educational agencies to enable the
agencies to establish or expand counseling programs in
elementary schools.
[(2) Amount less than $40,000,000.--If the amount
of funds made available by the Secretary for this
subpart is less than $40,000,000, the Secretary shall
award grants to local educational agencies only to
establish or expand counseling programs in elementary
schools.]
[Subpart 3--Partnerships in Character Education]
[SEC. 5431. [20 U.S.C. 7247] PARTNERSHIPS IN CHARACTER EDUCATION
PROGRAM.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to eligible entities for the design and
implementation of character education programs that--
[(A) are able to be integrated into
classroom instruction and to be consistent with
State academic content standards; and
[(B) are able to be carried out in
conjunction with other educational reform
efforts.
[(2) Eligible entity.--In this section, the term
``eligible entity'' means--
[(A) a State educational agency in
partnership with--
[(i) one or more local educational
agencies; or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) nonprofit
organizations or entities,
including an institution of
higher education;
[(B) a local educational agency or
consortium of local educational agencies; or
[(C) a local educational agency in
partnership with one or more nonprofit
organizations or entities, including an
institution of higher education.
[(3) Duration.--Each grant under this section shall
be awarded for a period not to exceed 5 years, of which
the eligible entity may not use more than 1 year for
planning and program design.
[(4) Amount of grants for state educational
agencies.--Subject to the availability of
appropriations, the amount of a grant made by the
Secretary to a State educational agency under this
section shall not be less than $500,000 if the State
educational agency--
[(A) is in a partnership described in
paragraph (2)(A); and
[(B) meets such requirements as the
Secretary may establish under this section.
[(b) Contracts Under Program.--
[(1) Evaluation.--Each eligible entity awarded a
grant under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations, for the purposes
of--
[(A) evaluating the program for which the
assistance is made available;
[(B) measuring the integration of such
program into the curriculum and teaching
methods of schools where the program is carried
out; and
[(C) measuring the success of such program
in fostering the elements of character selected
by the recipient under subsection (c).
[(2) Materials and program development.--Each
eligible entity awarded a grant under this section may
contract with outside sources, including institutions
of higher education and private and nonprofit
organizations, for assistance in--
[(A) developing secular curricula,
materials, teacher training, and other
activities related to character education; and
[(B) integrating secular character
education into the curricula and teaching
methods of schools where the program is carried
out.
[(c) Elements of Character.--
[(1) Selection.--
[(A) In general.--Each eligible entity
awarded a grant under this section may select
the elements of character that will be taught
under the program for which the grant was
awarded.
[(B) Consideration of views.--In selecting
elements of character under subparagraph (A),
the eligible entity shall consider the views of
the parents of the students to be taught under
the program and the views of the students.
[(2) Example elements.--Elements of character
selected under this subsection may include any of the
following:
[(A) Caring.
[(B) Civic virtue and citizenship.
[(C) Justice and fairness.
[(D) Respect.
[(E) Responsibility.
[(F) Trustworthiness.
[(G) Giving.
[(H) Any other elements deemed appropriate
by the eligible entity.
[(d) Use of Funds by State Educational Agency Recipients.--
Of the total funds received in any fiscal year under this
section by an eligible entity that is a State educational
agency--
[(1) not more than 3 percent of such funds may be
used for administrative purposes; and
[(2) the remainder of such funds may be used for--
[(A) collaborative initiatives with and
between local educational agencies and schools;
[(B) the preparation or purchase of
materials, and teacher training;
[(C) providing assistance to local
educational agencies, schools, or institutions
of higher education; and
[(D) technical assistance and evaluation.
[(e) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time and in such manner as the
Secretary may require.
[(2) Required information.--Each application for a
grant under this section shall include (together with
any other information that the Secretary may require)
information that--
[(A) demonstrates that the program for
which the grant is sought has clear objectives
that are based on scientifically based
research;
[(B) describes any partnerships or
collaborative efforts among the organizations
and entities of the eligible entity;
[(C) describes the activities that will be
carried out with the grant funds and how such
activities will meet the objectives described
in subparagraph (A), including--
[(i) how parents, students,
students with disabilities (including
those with mental or physical
disabilities), and other members of the
community, including members of private
and nonprofit organizations, will be
involved in the design and
implementation of the program and how
the eligible entity will work with the
larger community to increase the reach
and promise of the program;
[(ii) curriculum and instructional
practices that will be used or
developed; and
[(iii) methods of teacher training
and parent education that will be used
or developed;
[(D) describes how the program for which
the grant is sought will be linked to other
efforts to improve academic achievement,
including--
[(i) broader educational reforms
that are being instituted by the
eligible entity or its partners; and
[(ii) State academic content
standards;
[(E) in the case of an eligible entity that
is a State educational agency, describes how
the State educational agency--
[(i) will provide technical and
professional assistance to its local
educational agency partners in the
development and implementation of
character education programs; and
[(ii) will assist other interested
local educational agencies that are not
members of the original partnership in
designing and establishing character
education programs;
[(F) describes how the eligible entity will
evaluate the success of its program--
[(i) based on the objectives
described in subparagraph (A); and
[(ii) in cooperation with any
national evaluation conducted pursuant
to subsection (h)(2)(B)(iii); and
[(G) assures that the eligible entity
annually will provide to the Secretary such
information as may be required to determine the
effectiveness of the program.
[(f) Selection of Recipients.--
[(1) Peer review.--
[(A) In general.--In selecting eligible
entities to receive grants under this section
from among the applicants for such grants, the
Secretary shall use a peer review process that
includes the participation of experts in the
field of character education and development.
[(B) Use of funds.--The Secretary may use
funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
[(2) Selection criteria.--Each selection under
paragraph (1) shall be made on the basis of the quality
of the application submitted, taking into consideration
such factors as--
[(A) the extent to which the program
fosters character in students and the potential
for improved student academic achievement;
[(B) the extent and ongoing nature of
parental, student, and community involvement;
[(C) the quality of the plan for measuring
and assessing success; and
[(D) the likelihood that the objectives of
the program will be achieved.
[(3) Equitable distribution.--In making selections
under this subsection, the Secretary shall ensure, to
the extent practicable under paragraph (2), that the
programs assisted under this section are equitably
distributed among the geographic regions of the United
States, and among urban, suburban, and rural areas.
[(g) Participation by Private School Children and
Teachers.--Each eligible entity that receives a grant under
this section shall provide, to the extent feasible and
appropriate, for the participation in programs and activities
under this section of students and teachers in private
elementary schools and secondary schools.
[(h) Evaluation and Program Development.--
[(1) State and local reporting and evaluation.--
Each eligible entity receiving a grant under this
section shall submit to the Secretary a comprehensive
evaluation of the program assisted under this section,
including its impact on students, students with
disabilities (including those with mental or physical
disabilities), teachers, administrators, parents, and
others--
[(A) by the end of the second year of the
program; and
[(B) not later than 1 year after completion
of the grant period.
[(2) National research, dissemination, and
evaluation.--
[(A) In general.--
[(i) Authorization.--The Secretary
is authorized to award grants to, or
enter into contracts or cooperative
agreements with, State educational
agencies or local educational agencies,
institutions of higher education,
tribal organizations, or other public
or private agencies or organizations to
carry out research, development,
dissemination, technical assistance,
and evaluation activities that support
or inform State and local character
education programs.
[(ii) Reservation of funds.--The
Secretary shall reserve not more than 5
percent of the funds made available
under this section to carry out this
paragraph.
[(B) Uses.--Funds made available under
subparagraph (A) may be used for the following:
[(i) Conducting research and
development activities that focus on
matters such as--
[(I) the extent to which
schools are undertaking
character education
initiatives;
[(II) the effectiveness of
instructional models for all
students, including students
with disabilities (including
those with mental or physical
disabilities);
[(III) materials and
curricula for use by programs
in character education;
[(IV) models of
professional development in
character education;
[(V) the development of
measures of effectiveness for
character education programs
(which may include the factors
described in paragraph (3));
and
[(VI) the effectiveness of
State and local programs
receiving funds under this
section.
[(ii) Providing technical
assistance to State and local programs,
particularly on matters of program
evaluation.
[(iii) Conducting evaluations of
State and local programs receiving
funding under this section, that may be
conducted through a national
clearinghouse under clause (iv).
[(iv) Compiling and disseminating,
through a national clearinghouse or
other means--
[(I) information on model
character education programs;
[(II) information about
high quality character
education materials and
curricula;
[(III) research findings in
the area of character education
and character development; and
[(IV) any other information
that will be useful to
character education program
participants nationwide,
including educators, parents,
and administrators.
[(C) Partnerships.--In carrying out
national activities under this paragraph, the
Secretary may enter into partnerships with
national nonprofit character education
organizations and institutions of higher
education with expertise and successful
experience in implementing--
[(i) character education programs
that had an effective impact on
schools, students, students with
disabilities (including those with
mental or physical disabilities), and
teachers; or
[(ii) character education program
evaluation and research.
[(D) Partnership for activities under
subparagraph (B)(iv).--In carrying out national
activities under subparagraph (B)(iv), the
Secretary may enter into a partnership with a
national nonprofit character education
organization that will disseminate information
to educators, parents, administrators, and
others nationwide, including information about
the range of model character education
programs, materials, and curricula.
[(E) Report.--Each entity awarded a grant
or entering into a contract or cooperative
agreement under this paragraph shall submit an
annual report to the Secretary that--
[(i) describes the entity's
progress in carrying out research,
development, dissemination, evaluation,
and technical assistance under this
paragraph;
[(ii) identifies unmet and future
information needs in the field of
character education; and
[(iii) if applicable, describes the
progress of the entity in carrying out
the requirements of subparagraph
(B)(iv), including a listing of--
[(I) the number of requests
for information received by the
entity in the course of
carrying out such requirements;
[(II) the types of
organizations making such
requests; and
[(III) the types of
information requested.
[(3) Factors.--Factors that may be considered in
evaluating the success of programs funded under this
section include the following:
[(A) Discipline issues.
[(B) Student academic achievement.
[(C) Participation in extracurricular
activities.
[(D) Parental and community involvement.
[(E) Faculty and administration
involvement.
[(F) Student and staff morale.
[(G) Overall improvements in school climate
for all students, including students with
disabilities (including those with mental or
physical disabilities).
[(i) Permissive Match.--
[(1) In general.--The Secretary may require
eligible entities to match funds awarded under this
section with non-Federal funds, except that the amount
of the match may not exceed the amount of the grant
award.
[(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
scale that takes into account--
[(A) the poverty of the population to be
targeted by the eligible entity; and
[(B) the ability of the eligible entity to
obtain funding for the match.
[(3) In-kind contributions.--The Secretary shall
permit eligible entities to match funds in whole or in
part with in-kind contributions.
[(4) Consideration.--Notwithstanding this
subsection, the Secretary in making awards under this
section shall not consider the ability of an eligible
entity to match funds.]
[Subpart 4--Smaller Learning Communities]
[SEC. 5441. [20 U.S.C. 7249] SMALLER LEARNING COMMUNITIES.
[(a) Grant Authority.--The Secretary is authorized to award
grants to local educational agencies to enable the agencies to
create a smaller learning community or communities.
[(b) Application.--Each local educational agency desiring a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. The application shall
include descriptions of the following:
[(1) Strategies and methods the local educational
agency will use to create the smaller learning
community or communities.
[(2) Curriculum and instructional practices,
including any particular themes or emphases, to be used
in the smaller learning environment.
[(3) The extent of involvement of teachers and
other school personnel in investigating, designing,
implementing, and sustaining the smaller learning
community or communities.
[(4) The process to be used for involving students,
parents, and other stakeholders in the development and
implementation of the smaller learning community or
communities.
[(5) Any cooperation or collaboration among
community agencies, organizations, businesses, and
others to develop or implement a plan to create the
smaller learning community or communities.
[(6) The training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this subpart.
[(7) The objectives of the activities assisted
under this subpart, including a description of how such
activities will better enable all students to reach
challenging State academic content standards and State
student academic achievement standards.
[(8) The methods by which the local educational
agency will assess progress in meeting the objectives
described in paragraph (7).
[(9) If the smaller learning community or
communities exist as a school-within-a-school, the
relationship, including governance and administration,
of the smaller learning community to the remainder of
the school.
[(10) The administrative and managerial
relationship between the local educational agency and
the smaller learning community or communities,
including how such agency will demonstrate a commitment
to the continuity of the smaller learning community or
communities (including the continuity of student and
teacher assignment to a particular learning community).
[(11) How the local educational agency will
coordinate or use funds provided under this subpart
with other funds provided under this Act or other
Federal laws.
[(12) The grade levels or ages of students who will
participate in the smaller learning community or
communities.
[(13) The method of placing students in the smaller
learning community or communities, such that students
are not placed according to ability or any other
measure, but are placed at random or by their own
choice, and not pursuant to testing or other judgments.
[(c) Authorized Activities.--Funds under this section may
be used for one or more of the following:
[(1) To study--
[(A) the feasibility of creating the
smaller learning community or communities; and
[(B) effective and innovative
organizational and instructional strategies
that will be used in the smaller learning
community or communities.
[(2) To research, develop, and implement--
[(A) strategies for creating the smaller
learning community or communities; and
[(B) strategies for effective and
innovative changes in curriculum and
instruction, geared to challenging State
academic content standards and State student
academic achievement standards.
[(3) To provide professional development for school
staff in innovative teaching methods that--
[(A) challenge and engage students; and
[(B) will be used in the smaller learning
community or communities.
[(4) To develop and implement strategies to include
parents, business representatives, local institutions
of higher education, community-based organizations, and
other community members in the smaller learning
communities as facilitators of activities that enable
teachers to participate in professional development
activities and provide links between students and their
community.]
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program]
[SEC. 5451. [20 U.S.C. 7251] INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
[(a) Purpose.--The purpose of this subpart is to establish
and implement a model partnership between a governmental entity
and a private entity, to help prepare young children for
reading and to motivate older children to read, through the
distribution of inexpensive books. Local reading motivation
programs assisted under this section shall use such assistance
to provide books, training for volunteers, motivational
activities, and other essential literacy resources and shall
assign the highest priority to serving the youngest and
neediest children in the United States.
[(b) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (RIF) (hereafter in
this section referred to as the ``contractor'') to support and
promote programs, which include the distribution of inexpensive
books to young and school-age children, that motivate children
to read.
[(c) Requirements of Contract.--Any contract entered into
under subsection (b) shall contain each of the following:
[(1) A provision that the contractor will enter
into subcontracts with local private nonprofit groups
or organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift (to the extent feasible)
or by loan, to children from birth through secondary
school age, including children in family literacy
programs.
[(2) A provision that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs.
[(3) A provision that, in selecting subcontractors
for initial funding, the contractor will give priority
to programs that will serve a substantial number or
percentage of children with special needs, such as the
following:
[(A) Low-income children, particularly in
high-poverty areas.
[(B) Children at risk of school failure.
[(C) Children with disabilities.
[(D) Foster children.
[(E) Homeless children.
[(F) Migrant children.
[ildren without access to libraries.
[(H) Institutionalized or incarcerated
children.
[(I) Children whose parents are
institutionalized or incarcerated.
[(4) A provision that the contractor will provide
such training and technical assistance to
subcontractors as may be necessary to carry out the
purpose of this subpart.
[(5) A provision that the contractor will annually
report to the Secretary the number, and a description,
of programs funded under paragraph (3).
[(6) Such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
[(d) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
[(e) Special Rules for Certain Subcontractors.--
[(1) Funds from other federal sources.--
Subcontractors operating programs under this section in
low-income communities with a substantial number or
percentage of children with special needs, as described
in subsection (c)(3), may use funds from other Federal
sources to pay the non-Federal share of the cost of the
program, if those funds do not comprise more than 50
percent of the non-Federal share of the funds used for
the cost of acquiring and distributing books.
[(2) Waiver authority.--Notwithstanding subsection
(c), the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor,
if the subcontractor demonstrates that it would
otherwise not be able to participate in the program,
and enters into an agreement with the contractor with
respect to the amount of the non-Federal share to which
the waiver will apply. In a case in which such a waiver
is granted, the requirement in subsection (c)(2) shall
not apply.
[(f) Multi-Year Contracts.--The contractor may enter into a
multi-year subcontract under this section, if--
[(1) the contractor believes that such subcontract
will provide the subcontractor with additional leverage
in seeking local commitments; and
[(2) the subcontract does not undermine the
finances of the national program.
[(g) Federal Share Defined.--In this section, the term
``Federal share'' means, with respect to the cost to a
subcontractor of purchasing books to be paid for under this
section, 75 percent of such costs to the subcontractor, except
that the Federal share for programs serving children of migrant
or seasonal farmworkers shall be 100 percent of such costs to
the subcontractor.]
[Subpart 6--Gifted and Talented Students]
[SEC. 5461. [20 U.S.C. 7253] SHORT TITLE.
[This subpart may be cited as the ``Jacob K. Javits Gifted
and Talented Students Education Act of 2001''.]
[SEC. 5462. [20 U.S.C. 7253A] PURPOSE.
[The purpose of this subpart is to initiate a coordinated
program of scientifically based research, demonstration
projects, innovative strategies, and similar activities
designed to build and enhance the ability of elementary schools
and secondary schools nationwide to meet the special
educational needs of gifted and talented students.]
[SEC. 5463. [20 U.S.C. 7253B] RULE OF CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings, where
appropriate.]
[SEC. 5464. [20 U.S.C. 7253C] AUTHORIZED PROGRAMS.
[(a) Establishment of Program.--
[(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) is authorized to make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and
Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out
programs or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
[(2) Application.--Each entity seeking assistance
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
[(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
[(B) the proposed programs can be
evaluated.
[(b) Use of Funds.--Programs and projects assisted under
this section may include each of the following:
[(1) Conducting--
[(A) scientifically based research on
methods and techniques for identifying and
teaching gifted and talented students and for
using gifted and talented programs and methods
to serve all students; and
[(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purpose of
this subpart.
[(2) Carrying out professional development
(including fellowships) for personnel (including
leadership personnel) involved in the education of
gifted and talented students.
[(3) Establishing and operating model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs (such as
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education).
[(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
[(5) Carrying out programs of technical assistance
and information dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students.
[(6) Making materials and services available
through State regional educational service centers,
institutions of higher education, or other entities.
[(7) 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.
[(c) Special Rule.--To the extent that funds appropriated
to carry out this subpart for a fiscal year beginning with
fiscal year 2002 exceed such funds appropriated for fiscal year
2001, the Secretary shall use such excess funds to award
grants, on a competitive basis, to State educational agencies,
local educational agencies, or both, to implement activities
described in subsection (b).
[(d) Center for Research and Development.--
[(1) In General.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Research Center for the Education of Gifted and
Talented Children and Youth through grants to, or
contracts with, one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in subsection (b).
[(2) Director.--The National Center shall be headed
by a Director. The Secretary may authorize the Director
to carry out such functions of the National Center as
may be agreed upon through arrangements with
institutions of higher education, State educational
agencies, local educational agencies, or other public
or private agencies and organizations.
[(3) Funding.--The Secretary may use not more than
30 percent of the funds made available under this
subpart for fiscal year 2001 to carry out this
subsection.
[(e) Coordination.--Scientifically based research
activities supported under this subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by such
Institute; and
[(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with such Institute.]
[SEC. 5465. [20 U.S.C. 7253D] PROGRAM PRIORITIES.
[(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
[(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
[(2) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals with limited English proficiency, and
individuals with disabilities) who may not be
identified and served through traditional assessment
methods.
[(b) Service Priority.--The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5464(a)(2) in a fiscal year address the priority described in
subsection (a)(2).]
[SEC. 5466. [20 U.S.C. 7253E] GENERAL PROVISIONS.
[(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this subpart, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary schools
and secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such students.
[(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
[(1) use a peer review process in reviewing
applications under this subpart;
[(2) ensure that information on the activities and
results of programs and projects funded under this
subpart is disseminated to appropriate State
educational agencies, local educational agencies, and
other appropriate organizations, including nonprofit
private organizations; and
[(3) evaluate the effectiveness of programs under
this subpart in accordance with section 9601, in terms
of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Program Operations.--The Secretary shall ensure that
the programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
[(1) administer and coordinate the programs
authorized under this subpart;
[(2) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs;
[(3) assist the Assistant Secretary for Educational
Research and Improvement in identifying research
priorities that reflect the needs of gifted and
talented students; and
[(4) shall disseminate, and consult on, the
information developed under this subpart with other
offices within the Department.]
[Subpart 7--Star Schools Program]
[SEC. 5471. [20 U.S.C. 7255] SHORT TITLE.
[This subpart may be cited as the ``Star Schools Act''.]
[SEC. 5472. [20 U.S.C. 7255A] PURPOSES.
[The purposes of this subpart are the following:
[(1) To encourage improved instruction in
mathematics, science, and foreign languages as well as
other subjects (such as literacy skills and vocational
education).
[(2) To serve underserved populations, including
disadvantaged, illiterate, limited English proficient
populations, and individuals with disabilities through
a Star Schools program under which grants are made to
eligible telecommunication partnerships to enable such
partnerships--
[(A) to develop, construct, acquire,
maintain, and operate telecommunications audio
and visual facilities and equipment;
[(B) to develop and acquire educational and
instructional programming; and
[(C) to obtain technical assistance for the
use of such facilities and instructional
programming.]
[SEC. 5473. [20 U.S.C. 7255B] GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary, in conjunction with the
Office of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible
entities to pay the Federal share of the cost of the following:
[(1) Development, construction, acquisition,
maintenance, and operation of telecommunications
facilities and equipment.
[(2) Development and acquisition of live,
interactive instructional programming.
[(3) Development and acquisition of preservice and
inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, and ongoing, in-class instruction.
[(4) Establishment of teleconferencing facilities
and resources for making interactive training available
to teachers.
[(5) Obtaining technical assistance.
[(6) Coordination of the design and connectivity of
telecommunications networks to reach the greatest
number of schools.
[(b) Duration and Amount.--
[(1) In general.--A grant under this section may
not exceed--
[(A) 5 years in duration (subject to
subsection (c)); and
[(B) $10,000,000 in any single fiscal year.
[(c) Renewal.--
[(1) In general.--Grants awarded under subsection
(a) may be renewed for a single additional period of 3
years.
[(2) Continuing Eligibility.--In order to be
eligible to receive a grant renewal under this
subsection, a grant recipient shall demonstrate, to the
satisfaction of the Secretary, in an addendum to its
application submitted under section 5474, that the
grant recipient will--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this subpart for the
previous grant period; and
[(B) use all grant funds received under
this subpart for the 3 year renewal period to
provide expanded services by--
[(i) increasing the number of
students, schools, or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
[(ii) providing new courses of
instruction; and
[(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
[(3) Supplement, not supplant.--Grant funds
received under this subsection shall be used to
supplement, and not supplant, services provided by the
grant recipient under this subpart in the previous
fiscal year.
[(d) Reservations.--
[(1) Instructional programming.--At least 25
percent of the funds made available to the Secretary
for any fiscal year under this subpart shall be used
for the cost of instructional programming.
[(2) Local educational agency assistance.--At least
50 percent of the funds available in any fiscal year
under this subpart shall be used for the cost of
facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local
educational agencies that are eligible to receive
assistance under part A of title I.
[(e) Federal Share.--
[(1) Amount.--The Federal share of the cost of
projects funded under this section shall not exceed the
following amounts:
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this
subpart.
[(B) 60 percent for the third and fourth
such years.
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the corresponding non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Required local educational agency participation.--The
Secretary is authorized to make a grant under this section to
any eligible entity, if at least one local educational agency
is participating in the proposed program.
[(g) Assistance Obtaining Satellite Time.--The Secretary
may assist recipients of grants made under this section in
acquiring satellite time, where appropriate, as economically as
possible.]
[SEC. 5474. [20 U.S.C. 7255C] APPLICATIONS.
[(a) Submission.--Each eligible entity that desires to
receive a grant under section 5473 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.
[(b) Contents.--An application submitted under subsection
(a) shall include each of the following:
[(1) A description of how the proposed program will
assist all students to have an opportunity to meet
challenging State academic achievement standards, how
such program will assist State and local educational
reform efforts, and how such program will contribute to
creating a high-quality system of educational
development.
[(2) A description of the telecommunications
facilities and equipment and technical assistance for
which assistance is sought, which may include--
[(A) the design, development, construction,
acquisition, maintenance, and operation of
State or multistate educational
telecommunications networks and technology
resource centers;
[(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
[(C) reception facilities;
[(D) satellite time;
[(E) production facilities;
[(F) other telecommunications equipment
capable of serving a wide geographic area;
[(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
[(H) the development of educational and
related programming for use on a
telecommunications network.
[(3) In the case of an application for assistance
for instructional programming, a description of the
types of programming that will be developed to enhance
instruction and training and provide an assurance that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
level.
[(4) A description of how the eligible entity has
engaged in sufficient survey and analysis of the area
to be served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography,
or other disciplines.
[(5) A description of the professional development
policies for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought.
[(6) A description of the manner in which
historically underserved students (such as students
from low-income families, limited English proficient
students, students with disabilities, or students who
have low literacy skills) and their families, will
participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and
programming assisted under this subpart.
[(7) A description of how existing
telecommunications equipment, facilities, and services,
where available, will be used.
[(8) An assurance that the financial interest of
the United States in the telecommunications facilities
and equipment will be protected for the useful life of
such facilities and equipment.
[(9) An assurance that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools or local educational agencies that
have a high number or percentage of children eligible
to be counted under part A of title I.
[(10) An assurance that the applicant will use the
funds provided under this subpart to supplement, and
not supplant, funds available for the purposes of this
subpart.
[(11) A description of how funds received under
this subpart will be coordinated with funds received
for educational technology in the classroom.
[(12) A description of the activities or services
for which assistance is sought, such as--
[(A) providing facilities, equipment,
training services, and technical assistance;
[(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
[(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
[(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
[(E) providing teacher and student support
services, including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
[(F) incorporating community resources,
such as libraries and museums, into
instructional programs;
[(G) providing professional development for
teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
[(H) providing programs for adults to
maximize the use of telecommunications
facilities and equipment;
[(I) providing teacher training on proposed
or established models of exemplary academic
content standards in mathematics and science
and other disciplines as such standards are
developed; and
[(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process.
[(13) A description of how the proposed program as
a whole will be financed and how arrangements for
future financing will be developed before the program
expires.
[(14) An assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools in local educational agencies that
have a high percentage of children counted for the
purpose of part A of title I.
[(15) An assurance that the applicant will provide
such information and cooperate in any evaluation that
the Secretary may conduct under this subpart.
[(16) Such additional assurances as the Secretary
may reasonably require.
[(c) Approval.--In approving applications submitted under
subsection (a) for grants under section 5473, the Secretary
shall--
[(1) to the extent feasible, ensure an equitable
geographic distribution of services provided under this
subpart.
[(2) give priority to applications describing
programs that--
[(A) propose high-quality plans, will
provide instruction consistent with State
academic content standards, or will otherwise
provide significant and specific assistance to
States and local educational agencies
undertaking systemic education reform;
[(B) will provide services to programs
serving adults, especially parents, with low
levels of literacy;
[(C) will serve schools with significant
numbers of children counted for the purposes of
part A of title I;
[(D) ensure that the eligible entity will--
[(i) serve the broadest range of
institutions, programs providing
instruction outside of the school
setting, programs serving adults,
especially parents, with low levels of
literacy, institutions of higher
education, teacher training centers,
research institutes, and private
industry;
[(ii) have substantial academic and
teaching capabilities, including the
capability of training, retraining, and
inservice upgrading of teaching skills
and the capability to provide
professional development;
[(iii) provide a comprehensive
range of courses for educators to teach
instructional strategies for students
with different skill levels;
[(iv) provide training to
participating educators in ways to
integrate telecommunications courses
into existing school curriculum;
[(v) provide instruction for
students, teachers, and parents;
[(vi) serve a multistate area; and
[(vii) give priority to the
provision of equipment and linkages to
isolated areas; and
[(E) involve a telecommunications entity
(such as a satellite, cable, telephone,
computer, or public or private television
stations) participating in the eligible entity
and donating equipment or in-kind services for
telecommunications linkages.]
[SEC. 5475. [20 U.S.C. 7255D] OTHER GRANT ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, in conjunction
with the Office of Educational Technology, may provide
assistance to a statewide telecommunications network if
such network--
[(A) provides 2-way full-motion interactive
video and audio communications;
[(B) links together public colleges and
universities and secondary schools throughout
the State; and
[(C) meets any other requirements
determined appropriate by the Secretary.
[(2) Matching contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
[(b) Special Local Network.--
[(1) In general.--The Secretary is authorized to
provide assistance, on a competitive basis, to a local
educational agency, or a consortium of such agencies,
to enable such agency or consortium to establish a
high-technology demonstration program.
[(2) Program requirements.--A high-technology
demonstration program assisted under paragraph (1)
shall--
[(A) include 2-way full-motion interactive
video, audio, and text communications;
[(B) link together elementary schools and
secondary schools, colleges, and universities;
[(C) provide parent participation and
family programs;
[(D) include a staff development program;
and
[(E) have a significant contribution and
participation from business and industry.
[(3) Matching requirement.--A local educational
agency or consortium receiving a grant under paragraph
(1) shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
[(c) Telecommunications Programs for Continuing
Education.--
[(1) Authority.--The Secretary is authorized to
award grants, on a competitive basis, to eligible
entities to develop and operate one or more programs
that provide online access to educational resources in
support of continuing education and curriculum
requirements relevant to achieving a secondary school
diploma or its recognized equivalent. The program
authorized by this subsection shall be designed to
advance adult literacy, secondary school completion,
and the acquisition of specified competency by the end
of the 12th grade.
[(2) Applications.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Secretary. The application shall include each of
the following:
[(A) A demonstration that the applicant
will use publicly funded or free public
telecommunications infrastructure to deliver
video, voice, and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent.
[(B) An assurance that the content of the
materials to be delivered is consistent with
the accreditation requirements of the State for
which such materials are used.
[(C) To the extent feasible, materials
developed in the Federal departments and
agencies and under appropriate federally funded
programs.
[(D) An assurance that the applicant has
the technological and substantive experience to
carry out the program.
[(E) Such additional assurances as the
Secretary may reasonably require.]
[SEC. 5476. [20 U.S.C. 7255E] ADMINISTRATIVE PROVISIONS.
[(a) Leadership, Evaluation, and Peer Review.--
[(1) Reservation of funds.--The Secretary may
reserve not more than 5 percent of the amount made
available to carry out this subpart for a fiscal year
for national leadership, evaluation, and peer review
activities, which the Secretary may carry out directly
or through grants, contracts, and cooperative
agreements.
[(2) Leadership.--Funds reserved for leadership
activities under paragraph (1) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this subpart; and
[(B) other activities designed to enhance
the quality of distance learning activities
nationwide.
[(3) Evaluation.--Funds reserved for evaluation
activities under paragraph (1) may be used to conduct
independent evaluations of the activities assisted
under this subpart and of distance learning in general,
including--
[(A) analyses of distance learning efforts
(including such efforts that are, or are not,
assisted under this subpart); and
[(B) comparisons of the effects (including
student outcomes) of different technologies in
distance learning efforts.
[(4) Peer review.--Funds reserved for peer review
activities under paragraph (1) may be used for peer
review of--
[(A) applications for grants under this
subpart; and
[(B) activities assisted under this
subpart.
[(b) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this subpart with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(c) Funds From Other Agencies.--The Secretary may accept
funds from other Federal departments or agencies to carry out
the purposes of this subpart, including funds for the purchase
of equipment.
[(d) Availability of Funds.--Funds made available to carry
out this subpart shall remain available until expended.
[(e) Closed Captioning and Descriptive Video.--The
Secretary shall encourage each entity receiving funds under
this subpart to provide--
[(1) closed captioning of the verbal content of the
entity's programming, as appropriate; and
[(2) descriptive video of the visual content of the
entity's programming, as appropriate.]
[SEC. 5477. [20 U.S.C. 7255F] DEFINITIONS.
[In this subpart:
[(1) Educational institution.--The term
``educational institution'' means an institution of
higher education, a local educational agency, or a
State educational agency.
[(2) Eligible entity.--The term ``eligible entity''
includes any of the following that is organized on a
Statewide or multistate basis:
[(A) A public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary schools and secondary
schools that are eligible to participate in the
program under part A of title I.
[(B) A partnership that will provide
telecommunications services and that includes
three or more of the following entities, at
least one of which shall be an agency described
in clause (i) or (ii):
[(i) A local educational agency
that serves a significant number of
elementary schools and secondary
schools that are eligible for
assistance under part A of title I, or
elementary schools and secondary
schools operated or funded for Indian
children by the Department of the
Interior eligible under section
1121(d)(1)(A).
[(ii) A State educational agency.
[(iii) An adult and family
education program.
[(iv) An institution of higher
education or a State higher education
agency (as that term is defined in
section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)).
[(v) A teacher training center or
academy that--
[(I) provides teacher
preservice and inservice
training; and
[(II) receives Federal
financial assistance or has
been approved by a State
agency;
[(vi)(I) A public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through satellite, cable, telephone, or
computer; or
[(II) a public broadcasting entity
with such experience.
[(vii) A public or private
elementary school or secondary school.
[(3) Instructional programming.--The term
``instructional programming'' means courses of
instruction and training courses for elementary and
secondary students, teachers, and others, and materials
for use in such instruction and training that have been
prepared in audio and visual form on tape, disc, film,
or live, and presented by means of telecommunications
devices.
[(4) Public broadcasting entity.--The term ``public
broadcasting entity'' has the same meaning given such
term in section 397 of the Communications Act of 1934
(47 U.S.C. 397).]
[Subpart 8--Ready to Teach]
[SEC. 5481. [20 U.S.C. 7257] GRANTS.
[(a) In General.--The Secretary is authorized to award
grants to a nonprofit telecommunications entity, or partnership
of such entities, for the purpose of carrying out a national
telecommunications-based program to improve teaching in core
curriculum areas. The program shall be designed to assist
elementary school and secondary school teachers in preparing
all students to achieve challenging State academic content and
student academic achievement standards in core curriculum
areas.
[(b) Digital Educational Programming.--The Secretary is
authorized to award grants, as provided for in section 5484, to
eligible entities described in subsection (b) of such section,
to enable such entities to develop, produce, and distribute
innovative educational and instructional video programming that
is designed for use by elementary schools and secondary schools
and based on challenging State academic content and student
academic achievement standards. In awarding such grants, the
Secretary shall ensure that eligible entities enter into
multiyear content development collaborative arrangements with
State educational agencies, local educational agencies,
institutions of higher education, businesses, or other agencies
or organizations.]
[SEC. 5482. [20 U.S.C. 7257A] APPLICATION REQUIRED.
[(a) General Application.--
[(1) In general.--To be eligible to receive a grant
under section 5481(a), a nonprofit telecommunications
entity, or partnership of such entities shall submit an
application to the Secretary. Each such application
shall--
[(A) demonstrate that the applicant will
use the public broadcasting infrastructure, the
Internet, and school digital networks, where
available, to deliver video and data in an
integrated service to train teachers in the use
of materials and learning technologies for
achieving challenging State academic content
and student academic achievement standards;
[(B) ensure that the project for which
assistance is sought will be conducted in
cooperation with appropriate State educational
agencies, local educational agencies, and State
or local nonprofit public telecommunications
entities;
[(C) ensure that a significant portion of
the benefits available for elementary schools
and secondary schools from the project for
which assistance is sought will be available to
schools of local educational agencies that have
a high percentage of children counted for the
purpose of part A of title I; and
[(D) contain such additional assurances as
the Secretary may reasonably require.
[(2) Sites.--In approving applications under
paragraph (1), the Secretary shall ensure that the
program authorized by section 5481(a) is conducted at
elementary school and secondary school sites throughout
the United States.
[(b) Programming Application.--To be eligible to receive a
grant under section 5481(b), an entity shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.]
[SEC. 5483. [20 U.S.C. 7257B] REPORTS AND EVALUATION.
[An entity receiving a grant under section 5481(a) shall
prepare and submit to the Secretary an annual report that
contains such information as the Secretary may require. At a
minimum, such report shall describe the program activities
undertaken with funds received under the grant, including--
[(1) the core curriculum areas for which program
activities have been undertaken and the number of
teachers using the program in each core curriculum
area; and
[(2) the States in which teachers using the program
are located.]
[SEC. 5484. [20 U.S.C. 7257C] DIGITAL EDUCATIONAL PROGRAMMING GRANTS.
[(a) Grants.--The Secretary is authorized to award grants
under section 5481(b) to eligible entities to facilitate the
development of educational programming that shall--
[(1) include student assessment tools to provide
feedback on student academic achievement;
[(2) include built-in teacher utilization and
support components to ensure that teachers understand
and can easily use the content of the programming with
group instruction or for individual student use;
[(3) be created for, or adaptable to, challenging
State academic content standards and student academic
achievement standards; and
[(4) be capable of distribution through digital
broadcasting and school digital networks.
[(b) Eligible Entities.--To be eligible to receive a grant
under section 5481(b), an entity shall be a local public
telecommunications entity, as defined in section 397(12) of the
Communications Act of 1934, that is able to demonstrate a
capacity for the development and distribution of educational
and instructional television programming of high quality.
[(c) Competitive Basis.--Grants under section 5481(b) shall
be awarded on a competitive basis as determined by the
Secretary.
[(d) Matching Requirement.--To be eligible to receive a
grant under section 5481(b), an entity shall contribute to the
activities assisted under such grant non-Federal matching funds
in an amount equal to not less than 100 percent of the amount
of the grant. Such matching funds may include funds provided
for the transition to digital broadcasting, as well as in-kind
contributions.
[(e) Duration.--A grant under section 5481(b) shall be
awarded for a period of 3 years in order to provide a
sufficient period of time for the creation of a substantial
body of significant content.]
[SEC. 5485. [20 U.S.C. 7257D] ADMINISTRATIVE COSTS.
[An entity that receives a grant under this subpart may not
use more than 5 percent of the amount received under the grant
for administrative costs.]
[Subpart 9--Foreign Language Assistance Program]
[SEC. 5491. [20 U.S.C. 7259] SHORT TITLE.
[This subpart may be cited as the ``Foreign Language
Assistance Act of 2001''.]
[SEC. 5492. [20 U.S.C. 7259A] PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary is authorized to
make grants, on a competitive basis, to State
educational agencies or local educational agencies to
pay the Federal share of the cost of innovative model
programs providing for the establishment, improvement,
or expansion of foreign language study for elementary
school and secondary school students.
[(2) Duration.--Each grant under paragraph (1)
shall be awarded for a period of 3 years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--Notwithstanding paragraph (1), the
Secretary may determine the Federal share for any local
educational agency which the Secretary determines does
not have adequate resources to pay the non-Federal
share of the cost of the activities assisted under this
subpart.
[(d) Special rule.--Not less than \3/4\ of the funds made
available under section 5401 to carry out this subpart shall be
used for the expansion of foreign language learning in the
elementary grades.
[(e) Reservation.--The Secretary may reserve not more than
5 percent of funds made available under section 5401 to carry
out this subpart for a fiscal year to evaluate the efficacy of
programs assisted under this subpart.]
[SEC. 5493. [20 U.S.C. 7259B] APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
[(b) Special Consideration.--The Secretary shall give
special consideration to applications describing programs
that--
[(1) include intensive summer foreign language
programs for professional development;
[(2) link nonnative English speakers in the
community with the schools in order to promote two-way
language learning;
[(3) promote the sequential study of a foreign
language for students, beginning in elementary schools;
[(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
[(5) promote innovative activities, such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
[(6) are carried out through a consortium comprised
of the agency receiving the grant and an elementary
school or secondary school.]
[SEC. 5494. [20 U.S.C. 7259C] ELEMENTARY SCHOOL FOREIGN LANGUAGE
INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts made available under
section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such
school a program designed to lead to communicative competency
in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program
to be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language for not fewer than 4 days per week throughout an
academic year.]
[Subpart 10--Physical Education]
[SEC. 5501. [20 U.S.C. 7261] SHORT TITLE.
[This subpart may be cited as the ``Carol M. White Physical
Education Program''.]
[SEC. 5502. [20 U.S.C. 7261A] PURPOSE.
[The purpose of this subpart is to award grants and
contracts to initiate, expand, and improve physical education
programs for all kindergarten through 12th-grade students.]
[SEC. 5503. [20 U.S.C. 7261B] PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award
grants to local educational agencies and community-based
organizations (such as Boys and Girls Clubs, Boy Scouts and
Girl Scouts, and the Young Men's Christian Organization (YMCA)
and Young Women's Christian Organization (YWCA)) to pay the
Federal share of the costs of initiating, expanding, and
improving physical education programs (including after-school
programs) for kindergarten through 12th-grade students by--
[(1) providing equipment and support to enable
students to participate actively in physical education
activities; and
[(2) providing funds for staff and teacher training
and education.
[(b) Program Elements.--A physical education program funded
under this subpart may provide for one or more of the
following:
[(1) Fitness education and assessment to help
students understand, improve, or maintain their
physical well-being.
[(2) Instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
student.
[(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that
support a lifelong healthy lifestyle.
[(4) Opportunities to develop positive social and
cooperative skills through physical activity
participation.
[(5) Instruction in healthy eating habits and good
nutrition.
[(6) Opportunities for professional development for
teachers of physical education to stay abreast of the
latest research, issues, and trends in the field of
physical education.
[(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve
Officers' Training Corps (ROTC) program activities, shall not
be considered as part of the curriculum of a physical education
program assisted under this subpart.]
[SEC. 5504. [20 U.S.C. 7261C] APPLICATIONS.
[(a) Submission.--Each local educational agency or
community-based organization desiring a grant or contract under
this subpart shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
[(b) Private School and Home-Schooled Students.--An
application for funds under this subpart may provide for the
participation, in the activities funded under this subpart,
of--
[(1) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
[(2) home-schooled students, and their parents and
teachers.]
[SEC. 5505. [20 U.S.C. 7261D] REQUIREMENTS.
[(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or
contract under this subpart, the administrator of the grant or
contract for the local educational agency or community-based
organization shall submit to the Secretary an annual report
that--
[(1) describes the activities conducted during the
preceding year; and
[(2) demonstrates that progress has been made
toward meeting State standards for physical education.
[(b) Administrative Expenses.--Not more than 5 percent of
the grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.]
[SEC. 5506. [20 U.S.C. 7261E] ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share under this subpart
may not exceed--
[(1) 90 percent of the total cost of a program for
the first year for which the program receives
assistance under this subpart; and
[(2) 75 percent of such cost for the second and
each subsequent such year.
[(b) Proportionality.--To the extent practicable, the
Secretary shall ensure that grants awarded under this subpart
shall be equitably distributed among local educational agencies
and community-based organizations serving urban and rural
areas.
[(c) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit a report to Congress that--
[(1) describes the programs assisted under this
subpart;
[(2) documents the success of such programs in
improving physical fitness; and
[(3) makes such recommendations as the Secretary
determines appropriate for the continuation and
improvement of the programs assisted under this
subpart.
[(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this subpart shall remain available
until expended.]
[SEC. 5507. [20 U.S.C. 7261F] SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or
local funds available for physical education activities.]
[Subpart 11--Community Technology Centers]
[SEC. 5511. [20 U.S.C. 7263] PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this subpart to assist
eligible applicants--
[(1) to create or expand community technology
centers that will provide disadvantaged residents of
economically distressed urban and rural communities
with access to information technology and related
training; and
[(2) to provide technical assistance and support to
community technology centers.
[(b) Program Authorization.--The Secretary is authorized,
in conjunction with the Office of Educational Technology, to
award grants, contracts, or cooperative agreements, on a
competitive basis, for a period of not more than 3 years, to
eligible applicants in order to assist such applicants in--
[(1) creating or expanding community technology
centers; or
[(2) providing technical assistance and support to
community technology centers.
[(3) Service of americorps participants.--The
Secretary may collaborate with the Chief Executive
Officer of the Corporation for National and Community
Service on the use in community technology centers of
participants in National Service programs carried out
under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.).]
[SEC. 5512. [20 U.S.C. 7263A] ELIGIBILITY AND APPLICATION REQUIREMENTS.
[(a) Eligible Applicants.--In order to be eligible to
receive an award under this subpart, an applicant shall--
[(1) be an entity (such as a foundation, museum,
library, for-profit business, public or private
nonprofit organization, or community-based
organization), an institution of higher education, a
State educational agency, a local education agency, or
a consortium of such entities, institutions, or
agencies; and
[(2) have the capacity to significantly expand
access to computers and related services for
disadvantaged residents of economically distressed
urban and rural communities (who would otherwise be
denied such access).
[(b) Application Requirements.--In order to receive an
award under this subpart, an eligible applicant shall submit an
application to the Secretary at such time, and containing such
information, as the Secretary may require. The application
shall include each of the following:
[(1) A description of the proposed project,
including a description of the magnitude of the need
for the services and how the project would expand
access to information technology and related services
to disadvantaged residents of an economically
distressed urban or rural community.
[(2) A demonstration of--
[(A) the commitment, including the
financial commitment, of entities (such as
institutions, organizations, business and other
groups in the community) that will provide
support for the creation, expansion, and
continuation of the proposed project; and
[(B) the extent to which the proposed
project coordinates with other appropriate
agencies, efforts, and organizations providing
services to disadvantaged residents of an
economically distressed urban or rural
community.
[(3) A description of how the proposed project
would be sustained once the Federal funds awarded under
this subpart end.
[(4) A plan for the evaluation of the program,
which shall include benchmarks to monitor progress
toward specific project objectives.
[(c) Matching Requirements.--The Federal share of the cost
of any project funded under this subpart shall not exceed 50
percent. The non-Federal share of such project may be in cash
or in kind, fairly evaluated, including services.]
[SEC. 5513. [20 U.S.C. 7263B] USES OF FUNDS.
[(a) Required Uses.--A recipient shall use funds under this
subpart for--
[(1) creating or expanding community technology
centers that expand access to information technology
and related training for disadvantaged residents of
distressed urban or rural communities; and
[(2) evaluating the effectiveness of the project.
[(b) Permissible Uses.--A recipient may use funds under
this subpart for activities, described in its application, that
carry out the purposes of this subpart, such as--
[(1) supporting a center coordinator, and staff, to
supervise instruction and build community partnerships;
[(2) acquiring equipment, networking capabilities,
and infrastructure to carry out the project; and
[(3) developing and providing services and
activities for community residents that provide access
to computers, information technology, and the use of
such technology in support of preschool preparation,
academic achievement, educational development, and
workforce development, such as the following:
[(A) After-school activities in which
children and youths use software that provides
academic enrichment and assistance with
homework, develop their technical skills,
explore the Internet, and participate in
multimedia activities, including web page
design and creation.
[(B) Adult education and family literacy
activities through technology and the Internet,
including--
[(i) General Education Development,
Language Instruction Educational
Programs, and adult basic education
classes or programs;
[(ii) introduction to computers;
[(iii) intergenerational
activities; and
[(iv) educational development
opportunities.
[(C) Career development and job preparation
activities, such as--
[(i) training in basic and advanced
computer skills;
[(ii) resume writing workshops; and
[(iii) access to databases of
employment opportunities, career
information, and other online
materials.
[(D) Small business activities, such as--
[(i) computer-based training for
basic entrepreneurial skills and
electronic commerce; and
[(ii) access to information on
business start-up programs that is
available online, or from other
sources.
[(E) Activities that provide home access to
computers and technology, such as assistance
and services to promote the acquisition,
installation, and use of information technology
in the home through low-cost solutions such as
networked computers, web-based television
devices, and other technology.]
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts]
[SEC. 5521. [20 U.S.C. 7265] SHORT TITLE.
[This subpart may be cited as the ``Alaska Native and
Native Hawaiian Education Through Cultural and Historical
Organizations Act''.]
[SEC. 5522. [20 U.S.C. 7265A] FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds the following:
[(1) Alaska Natives and Native Hawaiians have been
linked for over 200 years to the coastal towns of
Salem, Massachusetts, and New Bedford, Massachusetts,
through the China trade from Salem and whaling voyages
from New Bedford.
[(2) Nineteenth-century trading ships sailed from
Salem, Massachusetts, around Cape Horn of South
America, and up the Northwest coast of the United
States to Alaska, where their crews traded with Alaska
Native people for furs, and then went on to Hawaii to
trade for sandalwood with Native Hawaiians before going
on to China.
[(3) During the 19th century, over 2,000 whaling
voyages sailed out of New Bedford, Massachusetts to the
Arctic region of Alaska, and joined Alaska Natives from
Barrow, Alaska and other areas in the Arctic region in
subsistence whaling activities.
[(4) Many New Bedford whaling voyages continued on
to Hawaii, where they joined Native Hawaiians from the
neighboring islands.
[(5) From those commercial and whaling voyages, a
rich cultural exchange and strong trading relationships
developed among the three peoples involved.
[(6) In the past decades, awareness of the
historical trading, cultural, and whaling links has
faded among Alaska Natives, Native Hawaiians, and the
people of the continental United States.
[(7) In 2000, the Alaska Native Heritage Center in
Alaska, the Bishop Museum in Hawaii, and the Peabody-
Essex Museum in Massachusetts initiated the New Trade
Winds project to use 21st-century technology, including
the Internet, to educate students and their parents
about historic and contemporary cultural and trading
ties that continue to link the diverse cultures of the
peoples involved.
[(8) The New Bedford Whaling Museum, in partnership
with the New Bedford Whaling National Historical Park,
has developed a cultural exchange and educational
program with the Inupiat Heritage Center in Barrow,
Alaska to bring together the children, parents, and
elders from the Arctic region of Alaska with children
and families of Massachusetts to learn about their
historical ties and about each other's contemporary
cultures.
[(9) Within the fast-growing cultural sector,
meaningful educational and career opportunities based
on traditional relationships exist for Alaska Natives,
Native Hawaiians, and low-income youth in
Massachusetts.
[(10) Cultural institutions can provide practical,
culturally relevant, education-related internship and
apprentice programs, such as the Museum Action Corps at
the Peabody-Essex Museum and similar programs at the
New Bedford Oceanarium and other institutions, to
prepare youths and their families for careers in the
cultural sector.
[(11) The resources of the institutions described
in paragraphs (7) and (8) provide unique opportunities
for illustrating and interpreting the contributions of
Alaska Natives, Native Hawaiians, the whaling industry,
and the China trade to the economic, social, and
environmental history of the United States, for
educating students and their parents, and for providing
opportunities for internships and apprenticeships
leading to careers with cultural institutions.
[(b) Purposes.--The purposes of this subpart are the
following:
[(1) To authorize and develop innovative
culturally-based educational programs and cultural
exchanges to assist Alaska Natives, Native Hawaiians,
and children and families of Massachusetts linked by
history and tradition to Alaska and Hawaii to learn
about shared culture and traditions.
[(2) To authorize and develop internship and
apprentice programs to assist Alaska Natives, Native
Hawaiians, and children and families of Massachusetts
linked by history and tradition with Alaska and Hawaii
to prepare for careers with cultural institutions.
[(3) To supplement programs and authorities in the
area of education to further the objectives of this
subpart.
[(4) To authorize and develop cultural and
educational programs relating to any Federally
recognized Indian tribe in Mississippi.]
[SEC. 5523. [20 U.S.C. 7265B] PROGRAM AUTHORIZATION.
[(a) Grants and Contracts.--In order to carry out programs
that fulfill the purposes of this subpart, the Secretary is
authorized to make grants to, or enter into contracts with, the
following:
[(1) The Alaska Native Heritage Center in
Anchorage, Alaska.
[(2) The Inupiat Heritage Center in Barrow, Alaska.
[(3) The Bishop Museum in Hawaii.
[(4) The Peabody-Essex Museum in Salem,
Massachusetts.
[(5) The New Bedford Whaling Museum and the New
Bedford Oceanarium in New Bedford, Massachusetts.
[(6) The Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.
[(7) Other Alaska Native and Native Hawaiian
cultural and educational organizations.
[(8) Cultural and educational organizations with
experience in developing or operating programs that
illustrate and interpret the contributions of Alaska
Natives, Native Hawaiians, the whaling industry, and
the China trade to the economic, social, and
environmental history of the United States.
[(9) Consortia of the organizations and entities
described in this subsection.
[(b) Uses of Funds.--Activities provided through programs
carried out under this subpart may include one or more of the
following:
[(1) Development and implementation of educational
programs to increase understanding of cultural
diversity and multicultural communication among Alaska
Natives, Native Hawaiians, and the people of the
continental United States, based on historic patterns
of trading and commerce.
[(2) Development and implementation of programs
using modern technology, including the Internet, to
educate students, their parents, and teachers about
historic and contemporary cultural and trading ties
that continue to link the diverse cultures of Alaska
Natives, Native Hawaiians, and the people of
Massachusetts.
[(3) Cultural exchanges of elders, students,
parents, and teachers among Alaska Natives, Native
Hawaiians, and the people of Massachusetts to increase
awareness of diverse cultures among each group.
[(4) Sharing of collections among cultural
institutions designed to increase awareness of diverse
cultures and links among them.
[(5) Development and implementation of internship
and apprentice programs in cultural institutions to
train Alaska Natives, Native Hawaiians, and low-income
students in Massachusetts for careers with cultural
institutions.
[(6) Other activities, consistent with the purposes
of this subpart, to meet the educational needs of
Alaska Natives, Native Hawaiians, and students and
their parents in Massachusetts.
[(7) Cultural and educational programs relating to
any Federally recognized Indian tribe in Mississippi.]
[SEC. 5524. [20 U.S.C. 7265C] ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
subpart, and no contract may be entered into under this
subpart, 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
subpart.
[(b) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this subpart shall inform each
local educational agency serving students who will participate
in the program to be carried out under the grant or contract
about the application.]
[SEC. 5525. [20 U.S.C. 7265D] AVAILABILITY OF FUNDS.
[If sufficient funds are made available under section 5401
to carry out this subpart for a fiscal year, the Secretary
shall make available, to support activities described in
section 5523(b), the following amounts:
[(1) Not less than $2,000,000 each to--
[(A) the New Bedford Whaling Museum, in
partnership with the New Bedford Oceanarium, in
Massachusetts;
[(B) the Inupiat Heritage Center in Alaska;
and
[(C) the Mississippi Band of Choctaw
Indians in Choctaw, Mississippi.
[(2) For the New Trade Winds project, not less than
$1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[(3) For internship and apprenticeship programs
(including the Museum Action Corps of the Peabody-Essex
Museum), not less than $1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.]
[SEC. 5526. [20 U.S.C. 7265E] DEFINITIONS.
[In this subpart:
[(1) Alaska native.--The term ``Alaska Native'' has
the meaning given that term in section 7306.
[(2) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given that term in section 7207.]
[Subpart 13--Excellence in Economic Education]
[SEC. 5531. [20 U.S.C. 7267] SHORT TITLE.
[This subpart may be cited as the ``Excellence in Economic
Education Act of 2001''.]
[SEC. 5532. [20 U.S.C. 7267A] PURPOSE AND GOALS.
[(a) Purpose.--The purpose of this subpart is to promote
economic and financial literacy among all students in
kindergarten through grade 12 by awarding a competitive grant
to a national nonprofit educational organization that has as
its primary purpose the improvement of the quality of student
understanding of personal finance and economics.
[(b) Objectives.--The objectives of this subpart are the
following:
[(1) To increase students' knowledge of, and
achievement in, economics to enable the students to
become more productive and informed citizens.
[(2) To strengthen teachers' understanding of, and
competency in, economics to enable the teachers to
increase student mastery of economic principles and the
practical application of those principles.
[(3) To encourage economic education research and
development, to disseminate effective instructional
materials, and to promote replication of best practices
and exemplary programs that foster economic literacy.
[(4) To assist States in measuring the impact of
education in economics.
[(5) To leverage and expand private and public
support for economic education partnerships at
national, State, and local levels.]
[SEC. 5533. [20 U.S.C. 7267B] GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award a
competitive grant to a national nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student understanding of personal finance and
economics through effective teaching of economics in the
Nation's classrooms (referred to in this subpart as the
``grantee'').
[(b) Uses of Funds.--
[(1) Direct activities.--The grantee shall use 25
percent of the funds made available through the grant
for a fiscal year--
[(A) to strengthen and expand the grantee's
relationships with State and local personal
finance, entrepreneurial, and economic
education organizations;
[(B) to support and promote training of
teachers who teach a grade from kindergarten
through grade 12 regarding economics, including
the dissemination of information on effective
practices and research findings regarding the
teaching of economics;
[(C) to support research on effective
teaching practices and the development of
assessment instruments to document student
understanding of personal finance and
economics; and
[(D) to develop and disseminate appropriate
materials to foster economic literacy.
[(2) Subgrants.--The grantee shall use 75 percent
of the funds made available through the grant for a
fiscal year to award subgrants to State educational
agencies or local educational agencies, and State or
local economic, personal finance, or entrepreneurial
education organizations (referred to in this section as
the ``recipient''). The grantee shall award such a
subgrant to pay for the Federal share of the cost of
enabling the recipient to work in partnership with one
or more of the entities described in paragraph (3) for
one or more of the following purposes:
[(A) Collaboratively establishing and
conducting teacher training programs that use
effective and innovative approaches to the
teaching of economics, personal finance, and
entrepreneurship.
[(B) Providing resources to school
districts that desire to incorporate economics
and personal finance into the curricula of the
schools in the districts.
[(C) Conducting evaluations of the impact
of economic and financial literacy education on
students.
[(D) Conducting economic and financial
literacy education research.
[(E) Creating and conducting school-based
student activities to promote consumer,
economic, and personal finance education (such
as saving, investing, and entrepreneurial
education) and to encourage awareness and
student academic achievement in economics.
[(F) Encouraging replication of best
practices to promote economic and financial
literacy.
[(3) Partnership entities.--The entities described
in this paragraph are the following:
[(A) A private sector entity.
[(B) A State educational agency.
[(C) A local educational agency.
[(D) An institution of higher education.
[(E) An organization promoting economic
development.
[(F) An organization promoting educational
excellence.
[(G) An organization promoting personal
finance or entrepreneurial education.]
[SEC. 5534. [20 U.S.C. 7267C] APPLICATIONS.
[(a) Grantee Applications.--To be eligible to receive a
grant under this subpart, the grantee shall submit to the
Secretary an application at such time, in such manner, and
accompanied by such information as the Secretary may require.
[(b) Recipient Applications.--
[(1) Submission.--To be eligible to receive a
subgrant under this section, a recipient shall submit
an application to the grantee at such time, in such
manner, and accompanied by such information as the
grantee may require.
[(2) Review.--The grantee shall invite the
individuals described in paragraph (3) to review all
applications from recipients for a subgrant under this
section and to make recommendations to the grantee
regarding the approval of the applications.
[(3) Reviewers.--The individuals described in this
paragraph are the following:
[(i) Leaders in the fields of
economics and education.
[(ii)\39\ Such other individuals as
the grantee determines to be necessary,
especially members of the State and
local business, banking, and finance
communities.]
[SEC. 5535. [20 U.S.C. 7267D] REQUIREMENTS.
[(a) Administrative Costs.--The grantee and each recipient
receiving a subgrant under this subpart for a fiscal year may
use not more than 5 percent of the funds made available through
the grant or subgrant for administrative costs.
[(b) Teacher Training Programs.--In carrying out the
teacher training programs described in section 5533(b)(2)(A), a
recipient shall--
[(1) train teachers who teach a grade from
kindergarten through grade 12; and
[(2) encourage teachers from disciplines other than
economics and financial literacy to participate in such
teacher training programs, if the training will promote
the economic and financial literacy of those teachers'
students.
[(c) Involvement of Business Community.--In carrying out
the activities assisted under this subpart, the grantee and
recipients are strongly encouraged to--
[(1) include interactions with the local business
community to the fullest extent possible to reinforce
the connection between economic and financial literacy
and economic development; and
[(2) work with private businesses to obtain
matching contributions for Federal funds and assist
recipients in working toward self-sufficiency.
[(d) Additional Requirements and Technical Assistance.--The
grantee shall--
[(1) meet such other requirements as the Secretary
determines to be necessary to assure compliance with
this section; and
[(2) receive from the Secretary such technical
assistance as may be necessary to carry out this
section.]
[SEC. 5536. [20 U.S.C. 7267E] ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share of the cost
described in section 5533(b)(2) shall be 50 percent.
[(b) Payment of Non-Federal Share.--The non-Federal share
may be paid in cash or in kind (fairly evaluated, including
plant, equipment, or services).
[(c) Reports to Congress.--Not later than 2 years after the
date funds are first made available to carry out this subpart,
and every 2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report regarding
activities assisted under this subpart.]
[SEC. 5537. [20 U.S.C. 7267F] SUPPLEMENT, NOT SUPPLANT.
[Funds made available to carry out this subpart shall be
used to supplement, and not supplant, other Federal, State, and
local funds expended for the purpose described in section
5532(a).]
[Subpart 14--Grants to Improve the Mental Health of Children]
[SEC. 5541. [20 U.S.C. 7269] GRANTS FOR THE INTEGRATION OF SCHOOLS AND
MENTAL HEALTH SYSTEMS.
[(a) Authorization.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, State educational agencies, local educational agencies,
or Indian tribes, for the purpose of increasing student access
to quality mental health care by developing innovative programs
to link local school systems with the local mental health
system.
[(b) Duration.--With respect to a grant, contract, or
cooperative agreement awarded or entered into under this
section, the period during which payments under such grant,
contract or agreement are made to the recipient may not exceed
5 years.
[(c) Use of Funds.--A State educational agency, local
educational agency, or Indian tribe that receives a grant,
contract, or cooperative agreement under this section shall use
amounts made available through such grant, contract, or
cooperative agreement for the following:
[(1) To enhance, improve, or develop collaborative
efforts between school-based service systems and mental
health service systems to provide, enhance, or improve
prevention, diagnosis, and treatment services to
students.
[(2) To enhance the availability of crisis
intervention services, appropriate referrals for
students potentially in need of mental health services,
and ongoing mental health services.
[(3) To provide training for the school personnel
and mental health professionals who will participate in
the program carried out under this section.
[(4) To provide technical assistance and
consultation to school systems and mental health
agencies and families participating in the program
carried out under this section.
[(5) To provide linguistically appropriate and
culturally competent services.
[(6) To evaluate the effectiveness of the program
carried out under this section in increasing student
access to quality mental health services, and make
recommendations to the Secretary about sustainability
of the program.
[(d) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, a State
educational agency, local educational agency, or Indian tribe
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require. The application shall include each of
the following:
[(1) A description of the program to be funded
under the grant, contract, or cooperative agreement.
[(2) A description of how such program will
increase access to quality mental health services for
students.
[(3) A description of how the applicant will
establish a crisis intervention program to provide
immediate mental health services to the school
community when necessary.
[(4) An assurance that--
[(A) persons providing services under the
grant, contract, or cooperative agreement are
adequately trained to provide such services;
[(B) the services will be provided in
accordance with subsection (c);
[(C) teachers, principal administrators,
and other school personnel are aware of the
program; and
[(D) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(5) An explanation of how the applicant will
support and integrate existing school-based services
with the program to provide appropriate mental health
services for students.
[(6) An explanation of how the applicant will
establish a program that will support students and the
school in maintaining an environment conducive to
learning.
[(e) Interagency Agreements.--
[(1) Designation of lead agency.--The recipient of
each grant, contract, or cooperative agreement shall
designate a lead agency to direct the establishment of
an interagency agreement among local educational
agencies, juvenile justice authorities, mental health
agencies, and other relevant entities in the State, in
collaboration with local entities and parents and
guardians of students.
[(2) Contents.--The interagency agreement shall
ensure the provision of the services described in
subsection (c), specifying with respect to each agency,
authority, or entity--
[(A) the financial responsibility for the
services;
[(B) the conditions and terms of
responsibility for the services, including
quality, accountability, and coordination of
the services; and
[(C) the conditions and terms of
reimbursement among the agencies, authorities,
or entities that are parties to the interagency
agreement, including procedures for dispute
resolution.
[(f) Evaluation.--The Secretary shall evaluate each program
carried out by a State educational agency, local educational
agency, or Indian tribe under this section and shall
disseminate the findings with respect to each such evaluation
to appropriate public and private entities.
[(g) Distribution of Awards.--The Secretary shall ensure
that grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
[(h) Rule of Construction.--Nothing in Federal law shall be
construed--
[(1) to prohibit an entity involved with a program
carried out under this section from reporting a crime
that is committed by a student to appropriate
authorities; or
[(2) to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to
crimes committed by a student.
[(i) Supplement, Not Supplant.--Any services provided
through programs carried out under this section must
supplement, and not supplant, existing mental health services,
including any services required to be provided under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.).]
[SEC. 5542. [20 U.S.C. 7269A] PROMOTION OF SCHOOL READINESS THROUGH
EARLY CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.
[(a) Authorization.--The Secretary, in consultation with
the Secretary of Health and Human Services, may award grants
(to be known as ``Foundations for Learning Grants'') to local
educational agencies, local councils, community-based
organizations, and other public or nonprofit private entities
to assist eligible children to become ready for school.
[(b) Applications.--To be eligible to receive a grant under
this section, a local educational agency, local council,
community-based organization, or other public or nonprofit
private entity, or a combination of such entities, shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require. The application shall include each of the
following:
[(1) A description of the population that the
applicant intends to serve and the types of services to
be provided under the grant.
[(2) A description of the manner in which services
under the grant will be coordinated with existing
similar services provided by public and nonprofit
private entities within the State.
[(3) An assurance that--
[(A) services under the grant shall be
provided by or under the supervision of
qualified professionals with expertise in early
childhood development;
[(B) such services shall be culturally
competent;
[(C) such services shall be provided in
accordance with subsection (c);
[(D) funds received under this section
shall be used to supplement, and not supplant,
non-Federal funds; and
[(E) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(c) Uses of Funds.--A local educational agency, local
council, community-based organization, or other public or
nonprofit private entity that receives funds under this section
may use such funds to benefit eligible children, for one or
more of the following:
[(1) To deliver services to eligible children and
their families that foster eligible children's
emotional, behavioral, and social development and take
into consideration the characteristics described in
subsection (f)(1).
[(2) To coordinate and facilitate access by
eligible children and their families to the services
available through community resources, including mental
health, physical health, substance abuse, educational,
domestic violence prevention, child welfare, and social
services.
[(3) To provide ancillary services such as
transportation or child care in order to facilitate the
delivery of any other services or activities authorized
by this section.
[(4) To develop or enhance early childhood
community partnerships and build toward a community
system of care that brings together child-serving
agencies or organizations to provide individualized
supports for eligible children and their families.
[(5) To evaluate the success of strategies and
services provided pursuant to this section in promoting
young children's successful entry to school and to
maintain data systems required for effective
evaluations.
[(6) To pay for the expenses of administering the
activities authorized under this section, including
assessment of children's eligibility for services.
[(d) Limitations.--
[(1) Services not otherwise funded.--A local
educational agency, local council, community-based
organization, or other public or nonprofit private
entity may use funds under this section only to pay for
services that cannot be paid for using other Federal,
State, or local public resources or through private
insurance.
[(2) Administrative expenses.--A grantee may not
use more than 3 percent of the amount of the grant to
pay the administrative expenses described in subsection
(c)(6).
[(e) Evaluations.--The Secretary shall directly evaluate,
or enter into a contract for an outside evaluation of, each
program carried out under this section and shall disseminate
the findings with respect to such evaluation to appropriate
public and private entities.
[(f) Definitions.--In this section:
[(1) Eligible child.--The term ``eligible child''
means a child who has not attained the age of 7 years,
and to whom two or more of the following
characteristics apply:
[(A) The child has been abused, maltreated,
or neglected.
[(B) The child has been exposed to
violence.
[(C) The child has been homeless.
[(D) The child has been removed from child
care, Head Start, or preschool for behavioral
reasons or is at risk of being so removed.
[(E) The child has been exposed to parental
depression or other mental illness.
[(F) The family income with respect to the
child is below 200 percent of the poverty line.
[(G) The child has been exposed to parental
substance abuse.
[(H) The child has had early behavioral and
peer relationship problems.
[(I) The child had a low birth weight.
[(J) The child has a cognitive deficit or
developmental disability.
[(2) Local council.--The term ``local council''
means a council that is established or designated by a
local government entity, Indian tribe, regional
corporation, or native Hawaiian entity, as appropriate,
which is composed of representatives of local agencies
directly affected by early learning programs, parents,
key community leaders, and other individuals concerned
with early learning issues in the locality, such as
elementary education, child care resource and referral
services, early learning opportunities, child care, and
health services.
[(3) Provider of early childhood services.--The
term ``provider of early childhood services'' means a
public or private entity that has regular contact with
young children, including child welfare agencies, child
care providers, Head Start and Early Head Start
providers, preschools, kindergartens, libraries, mental
health professionals, family courts, homeless shelters,
and primary care providers.]
[Subpart 15--Arts in Education]
[SEC. 5551. [20 U.S.C. 7271] ASSISTANCE FOR ARTS EDUCATION.
[(a) Purposes.--The purposes of this subpart are the
following:
[(1) To support systemic education reform by
strengthening arts education as an integral part of the
elementary school and secondary school curriculum.
[(2) To help ensure that all students meet
challenging State academic content standards and
challenging State student academic achievement
standards in the arts.
[(3) To support the national effort to enable all
students to demonstrate competence in the arts.
[(b) Authority.--The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with,
eligible entities described in subsection (c).
[(c) Eligible Entities.--The Secretary may make assistance
available under subsection (b) to each of the following
eligible entities:
[(1) State educational agencies.
[(2) Local educational agencies.
[(3) Institutions of higher education.
[(4) Museums or other cultural institutions.
[(5) Any other public or private agencies,
institutions, or organizations.
[(d) Use of Funds.--Assistance made available under this
subpart may be used for any of the following:
[(1) Research on arts education.
[(2) Planning, developing, acquiring, expanding,
improving, or disseminating information about model
school-based arts education programs.
[(3) The development of model State arts education
assessments based on State academic achievement
standards.
[(4) The development and implementation of
curriculum frameworks for arts education.
[(5) The development of model inservice
professional development programs for arts educators
and other instructional staff.
[(6) Supporting collaborative activities with
Federal agencies or institutions involved in arts
education, arts educators, and organizations
representing the arts, including State and local arts
agencies involved in arts education.
[(7) Supporting model projects and programs in the
performing arts for children and youth through
arrangements made with the John F. Kennedy Center for
the Performing Arts.
[(8) Supporting model projects and programs by Very
Special Arts which assure the participation in
mainstream settings in arts and education programs of
individuals with disabilities.
[(9) Supporting model projects and programs to
integrate arts education into the regular elementary
school and secondary school curriculum.
[(10) Other activities that further the purposes of
this subpart.
[(e) Special Rule.--If the amount made available to the
Secretary to carry out this subpart for any fiscal year is
$15,000,000 or less, then such amount shall only be available
to carry out the activities described in paragraphs (7) and (8)
of subsection (d).
[(f) Conditions.--As conditions of receiving assistance
made available under this subpart, the Secretary shall require
each entity receiving such assistance--
[(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private
cultural agencies, institutions, and organizations,
including museums, arts education associations,
libraries, and theaters; and
[(2) to use such assistance only to supplement, and
not to supplant, any other assistance or funds made
available from non-Federal sources for the activities
assisted under this subpart.
[(g) Consultation.--In carrying out this subpart, the
Secretary shall consult with Federal agencies or institutions,
arts educators (including professional arts education
associations), and organizations representing the arts
(including State and local arts agencies involved in arts
education).]
[Subpart 16--Parental Assistance and Local Family Information Centers]
[SEC. 5561. [20 U.S.C. 7273] PURPOSES.
[The purposes of this subpart are the following:
[(1) To provide leadership, technical assistance,
and financial support to nonprofit organizations
(including statewide nonprofit organizations) and local
educational agencies to help the organizations and
agencies implement successful and effective parental
involvement policies, programs, and activities that
lead to improvements in student academic achievement.
[(2) To strengthen partnerships among parents
(including parents of children from birth through age
5), teachers, principals, administrators, and other
school personnel in meeting the educational needs of
children.
[(3) To develop and strengthen the relationship
between parents and their children's school.
[(4) To further the developmental progress of
children assisted under this subpart.
[(5) To coordinate activities funded under this
subpart with parental involvement initiatives funded
under section 1118 and other provisions of this Act.
[(6) To provide a comprehensive approach to
improving student learning, through coordination and
integration of Federal, State, and local services and
programs.]
[SEC. 5562. [20 U.S.C. 7273A] GRANTS AUTHORIZED.
[(a) Parental Information and Resource Centers.--The
Secretary is authorized to award grants in each fiscal year to
nonprofit organizations (including statewide nonprofit
organizations), and consortia of such organizations and local
educational agencies, to establish school-linked or school-
based parental information and resource centers that provide
comprehensive training, information, and support to--
[(1) parents of children enrolled in elementary
schools and secondary schools;
[(2) individuals who work with the parents of
children enrolled in elementary schools and secondary
schools;
[(3) State educational agencies, local educational
agencies, schools, organizations that support family-
school partnerships (such as parent-teacher
associations and Parents as Teachers organizations),
and other organizations that carry out parent education
and family involvement programs; and
[(4) parents of children from birth through age 5.
[(b) Geographic Distribution.--In awarding grants under
this subpart, the Secretary shall, to the extent practicable,
ensure that such grants are distributed in all geographic
regions of the United States.]
[SEC. 5563. [20 U.S.C. 7273B] APPLICATIONS.
[(a) Submission.--Each nonprofit organization (including a
statewide nonprofit organization), or a consortia of such an
organization and a local educational agency, that desires a
grant under this subpart 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.--Each application submitted under subsection
(a), at a minimum, shall include assurances that the
organization or consortium will--
[(1)(A) be governed by a board of directors the
membership of which includes parents; or
[(B) be an organization or consortium that
represents the interests of parents;
[(2) establish a special advisory committee the
membership of which includes--
[(A) parents of children enrolled in
elementary schools and secondary schools, who
shall constitute a majority of the members of
the special advisory committee;
[(B) representatives of education
professionals with expertise in improving
services for disadvantaged children; and
[(C) representatives of local elementary
schools and secondary schools, including
students and representatives from local youth
organizations;
[(3) use at least 50 percent of the funds received
under this subpart in each fiscal year to serve areas
with high concentrations of low-income families, in
order to serve parents who are severely educationally
or economically disadvantaged;
[(4) operate a center of sufficient size, scope,
and quality to ensure that the center is adequate to
serve the parents in the area;
[(5) serve both urban and rural areas;
[(6) design a center that meets the unique
training, information, and support needs of parents of
children enrolled in elementary schools and secondary
schools, particularly such parents who are
educationally or economically disadvantaged;
[(7) demonstrate the capacity and expertise to
conduct the effective training, information, and
support activities for which assistance is sought;
[(8) network with--
[(A) local educational agencies and
schools;
[(B) parents of children enrolled in
elementary schools and secondary schools;
[(C) parent training and information
centers assisted under section 671 of the
Individuals with Disabilities Education Act;
[(D) clearinghouses; and
[(E) other organizations and agencies;
[(9) focus on serving parents of children enrolled
in elementary schools and secondary schools who are
parents of low-income, minority, and limited English
proficient children;
[(10) use at least 30 percent of the funds received
under this subpart in each fiscal year to establish,
expand, or operate Parents as Teachers programs, Home
Instruction for Preschool Youngsters programs, or other
early childhood parent education programs;
[(11) provide assistance to parents in areas such
as understanding State and local standards and measures
of student and school academic achievement;
[(12) work with State educational agencies and
local educational agencies to determine parental needs
and the best means for delivery of services;
[(13) identify and coordinate Federal, State, and
local services and programs that support improved
student learning, including programs supported under
this Act, violence prevention programs, nutrition
programs, housing programs, Head Start programs, adult
education, and job training; and
[(14) work with and foster partnerships with other
agencies that provide programs and deliver services
described in paragraph (13) to make such programs and
services more accessible to children and families.]
[SEC. 5564. [20 U.S.C. 7273C] USES OF FUNDS.
[(a) In General.--Grant funds received under this subpart
shall be used for one or more of the following:
[(1) To assist parents in participating effectively
in their children's education and to help their
children meet State and local standards, such as
assisting parents--
[(A) to engage in activities that will
improve student academic achievement, including
understanding the accountability systems in
place within their State educational agency and
local educational agency and understanding
their children's educational academic
achievement in comparison to State and local
standards;
[(B) to provide follow-up support for their
children's educational achievement;
[(C) to communicate effectively with
teachers, principals, counselors,
administrators, and other school personnel;
[(D) to become active participants in the
development, implementation, and review of
school-parent compacts, parent involvement
policies, and school planning and improvement;
[(E) to participate in the design and
provision of assistance to students who are not
making adequate academic progress;
[(F) to participate in State and local
decisionmaking; and
[(G) to train other parents (such as
training related to Parents as Teachers
activities).
[(2) To obtain information about the range of
options, programs, services, and resources available at
the national, State, and local levels to assist parents
and school personnel who work with parents.
[(3) To help the parents learn and use the
technology applied in their children's education.
[(4) To plan, implement, and fund activities for
parents that coordinate the education of their children
with other Federal, State, and local services and
programs that serve their children or their families.
[(5) To provide support for State or local
educational personnel, if the participation of such
personnel will further the activities assisted under
the grant.
[(6) To coordinate and integrate early childhood
programs with school-age programs.
[(b) Permissive Activities.--Grant funds received under
this subpart may be used to assist schools with activities
including one or more of the following:
[(1) Developing and implementing the schools' plans
or activities under sections 1118 and 1119.
[(2) Developing and implementing school improvement
plans, including addressing problems that develop in
the implementation of the schools' plans or activities
under sections 1118 and 1119.
[(3) Providing information about assessment and
individual results to parents in a manner and a
language the family can understand.
[(4) Coordinating the efforts of Federal, State,
and local parent education and family involvement
initiatives.
[(5) Providing training, information, and support
to--
[(A) State educational agencies;
[(B) local educational agencies and
schools, especially low-performing local
educational agencies and schools; and
[(C) organizations that support family-
school partnerships.]
[SEC. 5565. [20 U.S.C. 7273D] ADMINISTRATIVE PROVISIONS.
[(a) Matching Funds for Grant Renewal.--For each fiscal
year after the first fiscal year in which an organization or
consortium receives assistance under this subpart, the
organization or consortium shall demonstrate in the application
submitted for such fiscal year, that a portion of the services
provided by the organization or consortium is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
[(b) Submission of Information.--
[(1) In general.--Each organization or consortium
receiving assistance under this subpart shall submit to
the Secretary, on an annual basis, information
concerning the parental information and resource
centers assisted under this subpart, including the
following information:
[(A) The number of parents (including the
number of minority and limited English
proficient parents) who receive information and
training.
[(B) The types and modes of training,
information, and support provided under this
subpart.
[(C) The strategies used to reach and serve
parents of minority and limited English
proficient children, parents with limited
literacy skills, and other parents in need of
the services provided under this subpart.
[(D) The parental involvement policies and
practices used by the center and an evaluation
of whether such policies and practices are
effective in improving home-school
communication, student academic achievement,
student and school academic achievement, and
parental involvement in school planning,
review, and improvement.
[(E) The effectiveness of the activities
that local educational agencies and schools are
carrying out, with regard to parental
involvement and other activities assisted under
this Act, that lead to improved student
academic achievement and improved student and
school academic achievement.
[(2) Dissemination.--The Secretary shall
disseminate annually to Congress and the public the
information that each organization or consortium
submits under paragraph (1).
[(c) Technical Assistance.--The Secretary shall provide
technical assistance, by grant or contract, for the
establishment, development, and coordination of parent
training, information, and support programs and parental
information and resource centers.
[(d) Rule of Construction.--Nothing in this subpart shall
be construed to prohibit a parental information and resource
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 subpart--
[(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 subpart; and
[(2) no program or center assisted under this
subpart shall take any action that infringes in any
manner on the right of a parent to direct the education
of their children.
[(f) Continuation of Awards.--The Secretary shall use funds
made available under this subpart to continue to make grant or
contract payments to each entity that was awarded a multiyear
grant or contract under title IV of the Goals 2000: Educate
America Act (as such title was in effect on the day before the
date of enactment of the No Child Left Behind Act of 2001) for
the duration of the grant or contract award.]
[SEC. 5566. [20 U.S.C. 7273E] LOCAL FAMILY INFORMATION CENTERS.
[(a) In General.--If the amount made available to carry out
this subpart for a fiscal year is more than $50,000,000, the
Secretary is authorized to award 50 percent of the amount that
exceeds $50,000,000 as grants to, and enter into contracts and
cooperative agreements with, local nonprofit parent
organizations to enable the organizations to support local
family information centers that help ensure that parents of
students in elementary schools and secondary schools assisted
under this subpart have the training, information, and support
the parents need to enable the parents to participate
effectively in their children's early childhood education, in
their children's elementary and secondary education, and in
helping their children to meet challenging State academic
content and student academic achievement standards.
[(b) Local Nonprofit Parent Organization Defined.--In this
section, the term ``local nonprofit parent organization'' means
a private nonprofit organization (other than an institution of
higher education) that--
[(1) has a demonstrated record of working with low-
income individuals and parents;
[(2)(A) has a board of directors, the majority of
whom are parents of students in elementary schools and
secondary schools assisted under part A of title I and
located in the geographic area to be served by a local
family information center; or
[(B) has a special governing committee to direct
and implement a local family information center, a
majority of the members of whom are parents of students
in schools assisted under part A of title I; and
[(3) is located in a community with elementary
schools and secondary schools that receive funds under
part A of title I, and is accessible to the families of
students in those schools.]
[Subpart 17--Combatting Domestic Violence]
[SEC. 5571. [20 U.S.C. 7275] GRANTS TO COMBAT THE IMPACT OF
EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON
ELEMENTARY AND SECONDARY SCHOOL CHILDREN.
[(a) Definitions.--In this section:
[(1) Domestic violence.--The term ``domestic
violence'' has the meaning given that term in section
2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).
[(2) Expert.--The term ``expert'' means--
[(A) an expert on domestic violence, sexual
assault, and child abuse from the educational,
legal, youth, mental health, substance abuse,
or victim advocacy field; and
[(B) a State or local domestic violence
coalition or community-based youth
organization.
[(3) Witness domestic violence.--
[(A) In general.--The term ``witness
domestic violence'' means to witness--
[(i) an act of domestic violence
that constitutes actual or attempted
physical assault; or
[(ii) a threat or other action that
places the victim in fear of domestic
violence.
[(B) Witness.--In subparagraph (A), the
term ``witness'' means--
[(i) to directly observe an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action; or
[(ii) to be within earshot of an
act, threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action.
[(b) Grants Authorized.--
[(1) Authority.--The Secretary is authorized to
award grants to local educational agencies that work
with experts to enable the elementary schools and
secondary schools served by the local educational
agency--
[(A) to provide training to school
administrators, faculty, and staff, with
respect to issues concerning children who
experience domestic violence in dating
relationships or who witness domestic violence,
and the impact of the violence on the children;
[(B) to provide educational programming for
students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
[(C) to provide support services for
students and school personnel to develop and
strengthen effective prevention and
intervention strategies with respect to issues
concerning children who experience domestic
violence in dating relationships or who witness
domestic violence, and the impact of the
violence on the children; and
[(D) to develop and implement school system
policies regarding appropriate and safe
responses to, identification of, and referral
procedures for, students who are experiencing
or witnessing domestic violence.
[(2) Award basis.--The Secretary is authorized to
award grants under this section--
[(A) on a competitive basis; and
[(B) in a manner that ensures that such
grants are equitably distributed among local
educational agencies located in rural, urban,
and suburban areas.
[(3) Policy dissemination.--The Secretary shall
disseminate to local educational agencies any
Department policy guidance regarding the prevention of
domestic violence and the impact on children of
experiencing or witnessing domestic violence.
[(c) Uses of Funds.--Funds made available to carry out this
subpart may be used for one or more of the following purposes:
[(1) To provide training for elementary school and
secondary school administrators, faculty, and staff
that addresses issues concerning elementary school and
secondary school students who experience domestic
violence in dating relationships or who witness
domestic violence, and the impact of such violence on
those students.
[(2) To provide education programs for elementary
school and secondary school students that are
developmentally appropriate for the students' grade
levels and are designed to meet any unique cultural and
language needs of the particular student populations.
[(3) To develop and implement elementary school and
secondary school system policies regarding--
[(A) appropriate and safe responses to,
identification of, and referral procedures for,
students who are experiencing or witnessing
domestic violence; and
[(B) to develop and implement policies on
reporting and referral procedures for those
students.
[(4) To provide the necessary human resources to
respond to the needs of elementary school and secondary
school students and personnel who are faced with the
issue of domestic violence, such as a resource person
who is either on-site or on-call and who is an expert.
[(5) To provide media center materials and
educational materials to elementary schools and
secondary schools that address issues concerning
children who experience domestic violence in dating
relationships or who witness domestic violence, and the
impact of the violence on those children.
[(6) To conduct evaluations to assess the impact of
programs and policies assisted under this subpart in
order to enhance the development of the programs.
[(d) Confidentiality.--Policies, programs, training
materials, and evaluations developed and implemented under
subsection (c) shall address issues of safety and
confidentiality for the victim and the victim's family in a
manner consistent with applicable Federal and State laws.
[(e) Application.--To be eligible for a grant under this
section for a fiscal year, a local educational agency, in
consultation with an expert, shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application shall
include each of the following:
[(1) A description of the need for funds provided
under the grant and the plan for implementation of any
of the activities described in subsection (c).
[(2) A description of how the experts will work in
consultation and collaboration with the local
educational agency.
[(3) Measurable objectives for, and expected
results from, the use of the funds provided under the
grant.
[(4) Provisions for appropriate remuneration for
collaborating partners.]
[Subpart 18--Healthy, High-Performance Schools]
[SEC. 5581. [20 U.S.C. 7277] GRANT PROGRAM AUTHORIZED.
[The Secretary, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, is authorized to award grants to State educational
agencies to permit such State educational agencies to carry out
section 5582.]
[SEC. 5582. [20 U.S.C. 7277A] STATE USES OF FUNDS.
[(a) Subgrants.--
[(1) In general.--A State educational agency
receiving a grant under this subpart shall use funds
made available under the grant to award subgrants to
local educational agencies to permit such local
educational agencies to carry out the activities
described in section 5583.
[(2) Limitation.--A State educational agency shall
award subgrants under this subsection to local
educational agencies that are the neediest, as
determined by the State, and that have made a
commitment to develop healthy, high-performance school
buildings in accordance with the plan developed and
approved under paragraph (3)(A).
[(3) Implementation.--
[(A) Plans.--A State educational agency
shall award subgrants under this subsection
only to local educational agencies that, in
consultation with the State educational agency
and State agencies with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which the
subgrants are made.
[(B) Supplementing grant funds.--The State
educational agency shall encourage local
educational agencies that receive subgrants
under this subsection to supplement their
subgrant funds with funds from other sources in
order to implement their plans.
[(b) Administration.--A State educational agency receiving
a grant under this subpart shall use the grant funds made
available under this subpart for one or more of the following:
[(1) To evaluate compliance by local educational
agencies with the requirements of this subpart.
[(2) To distribute information and materials on
healthy, high-performance school buildings for both new
and existing facilities.
[(3) To organize and conduct programs for school
board members, school district personnel, and others to
disseminate information on healthy, high-performance
school buildings.
[(4) To provide technical services and assistance
in planning and designing healthy, high-performance
school buildings.
[(5) To collect and monitor information pertaining
to healthy, high-performance school building projects.]
[SEC. 5583. [20 U.S.C. 7277B] LOCAL USES OF FUNDS.
[(a) In General.--A local educational agency that receives
a subgrant under section 5582(a) shall use the subgrant funds
to plan and prepare for healthy, high-performance school
building projects that--
[(1) reduce energy use to at least 30 percent below
that of a school constructed in compliance with
standards prescribed in chapter 8 of the 2000
International Energy Conservation Code, or a similar
State code intended to achieve substantially equivalent
results;
[(2) meet Federal and State health and safety
codes; and
[(3) support healthful, energy efficient, and
environmentally sound practices.
[(b) Use of Funds.--A local educational agency that
receives a subgrant under section 5582(a) shall use funds for
one or more of the following:
[(1) To develop a comprehensive energy audit of the
energy consumption characteristics of a building and
the need for additional energy conservation measures
necessary to allow schools to meet the guidelines set
out in subsection (a).
[(2) To produce a comprehensive analysis of
building strategies, designs, materials, and equipment
that--
[(A) are cost effective, produce greater
energy efficiency, and enhance indoor air
quality; and
[(B) can be used when conducting school
construction and renovation or purchasing
materials and equipment.
[(3) To obtain research and provide technical
services and assistance in planning and designing
healthy, high-performance school buildings, including
developing a timeline for implementation of such
plans.]
[SEC. 5584. [20 U.S.C. 7277C] REPORT TO CONGRESS.
[The Secretary shall conduct a biennial review of State
actions implementing this subpart and carrying out the plans
developed under this subpart through State and local funding,
and shall submit a report to Congress on the results of such
reviews.]
[SEC. 5585. [20 U.S.C. 7277D] LIMITATIONS.
[No funds received under this subpart may be used for any
of the following:
[(1) Payment of maintenance of costs in connection
with any projects constructed in whole or in part with
Federal funds provided under this subpart.
[(2) Construction, renovation, or repair of school
facilities.
[(3) Construction, renovation, repair, or
acquisition of a stadium or other facility primarily
used for athletic contests or exhibitions, or other
events for which admission is charged to the general
public.]
[SEC. 5586. [20 U.S.C. 7277E] HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING
DEFINED.
[In this subpart, the term ``healthy, high-performance
school building'' means a school building in which the design,
construction, operation, and maintenance--
[(1) use energy-efficient and affordable practices
and materials;
[(2) are cost-effective;
[(3) enhance indoor air quality; and
[(4) protect and conserve water.]
[Subpart 19--Grants for Capital Expenses of Providing Equitable
Services for Private School Students]
[SEC. 5591. [20 U.S.C. 7279] GRANT PROGRAM AUTHORIZED.
[The Secretary is authorized to award grants to State
educational agencies, from allotments made under section 5593,
to enable the State educational agencies to award subgrants to
local educational agencies to pay for capital expenses in
accordance with this subpart.]
[SEC. 5592. [20 U.S.C. 7279A] USES OF FUNDS.
[A local educational agency that receives a subgrant under
this subpart shall use the subgrant funds only to pay for
capital expenses incurred in providing equitable services for
private school students under section 1120.]
[SEC. 5593. [20 U.S.C. 7279B] ALLOTMENTS TO STATES.
[From the funds made available to carry out this subpart
for a fiscal year, the Secretary shall allot to each State an
amount that bears the same ratio to the funds made available as
the number of private school students who received services
under part A of title I in the State in the most recent year
for which data, satisfactory to the Secretary, are available
bears to the number of such students in all States in such
year.]
[SEC. 5594. [20 U.S.C. 7279C] SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Applications.--A local educational agency that desires
to receive a subgrant under this subpart shall submit an
application to the State educational agency involved at such
time, in such manner, and containing such information as the
State educational agency may require.
[(b) Distribution.--A State educational agency shall award
subgrants to local educational agencies within the State based
on the degree of need set forth in their respective
applications submitted under subsection (a).]
[SEC. 5595. [20 U.S.C. 7279D] CAPITAL EXPENSES DEFINED.
[In this subpart, the term ``capital expenses'' means--
[(1) expenditures for noninstructional goods and
services, such as the purchase, lease, or renovation of
real and personal property, including mobile
educational units and leasing of neutral sites or
spaces;
[(2) insurance and maintenance costs;
[(3) transportation; and
[(4) other comparable goods and services.]
[SEC. 5596. [20 U.S.C. 7279E] TERMINATION.
[The authority provided by this subpart terminates
effective October 1, 2003.]
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition]
[SEC. 5601. [20 U.S.C. 7281] RESERVATION.
[The Secretary is authorized to provide additional
assistance to meet special circumstances relating to the
provision of education in local educational agencies eligible
to receive assistance under section 8002.]
[SEC. 5602. [20 U.S.C. 7281A] ELIGIBILITY.
[A local educational agency is eligible to receive
additional assistance under this subpart only if such agency--
[(1) received a payment under both section 8002 and
section 8003(b) for fiscal year 1996 and is eligible to
receive payments under those sections for the year of
application;
[(2) provided a free public education to children
described under subparagraph (A), (B), or (D) of
section 8003(a)(1);
[(3) had a military installation located within the
geographic boundaries of the local educational agency
that was closed as a result of base closure or
realignment and, at the time at which the agency is
applying for a payment under this subpart, the agency
does not have a military installation located within
its geographic boundaries;
[(4) remains responsible for the free public
education of children residing in housing located on
Federal property within the boundaries of the closed
military installation but whose parents are on active
duty in the uniformed services and assigned to a
military activity located within the boundaries of an
adjoining local educational agency; and
[(5) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.]
[SEC. 5603. [20 U.S.C. 7281B] MAXIMUM AMOUNT.
[(a) Maximum Amount.--The maximum amount that a local
educational agency is eligible to receive under this subpart
for any fiscal year, when combined with its payment under
section 8002(b), shall not be more than 50 percent of the
maximum amount determined under section 8002(b).
[(b) Insufficient Funds.--If funds appropriated under
section 5401 are insufficient to pay the amount determined
under subsection (a), the Secretary shall ratably reduce the
payment to each local educational agency eligible under this
subpart.
[(c) Excess Funds.--If funds appropriated under section
5401 are in excess of the amount determined under subsection
(a), the Secretary shall ratably distribute any excess funds to
all local educational agencies eligible for payment under
section 8002(b).]
[Subpart 21--Women's Educational Equity Act]
[SEC. 5611. [20 U.S.C. 7283] SHORT TITLE AND FINDINGS.
[(a) Short Title.--This subpart may be cited as the
``Women's Educational Equity Act of 2001''.
[(b) Findings.--Congress finds that--
[(1) since the enactment of title IX of the
Education Amendments of 1972, women and girls have made
strides in educational achievement and in their ability
to avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act of 2001, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are
at high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only
research and development of innovative model curricula
and teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.
[SEC. 5612. [20 U.S.C. 7283A] STATEMENT OF PURPOSE.
[It is the purpose of this subpart--
[(1) to promote gender equity in education in the
United States;
[(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
[(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on sex, race, ethnic origin, limited English
proficiency, disability, or age.]
[SEC. 5613. [20 U.S.C. 7283B] PROGRAMS AUTHORIZED.
[(a) In General.--The Secretary is authorized--
[(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
in all Federal education programs and offices;
[(2) to develop, maintain, and disseminate
materials, resources, analyses, and research relating
to education equity for women and girls;
[(3) to provide information and technical
assistance to assure the effective implementation of
gender equity programs;
[(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
[(5) to assist the Director of the Institute of
Education Sciences in identifying research priorities
related to education equity for women and girls; and
[(6) to perform any other activities consistent
with achieving the purposes of this subpart.
[(b) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, and enter into contracts and
cooperative agreements with, public agencies, private
nonprofit agencies, organizations, institutions,
student groups, community groups, and individuals, for
a period not to exceed 4 years, to--
[(A) provide grants to develop model equity
programs; and
[(B) provide funds for the implementation
of equity programs in schools throughout the
Nation.
[(2) Support and technical assistance.--To achieve
the purposes of this subpart, the Secretary is
authorized to provide support and technical
assistance--
[(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
[(i) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
[(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
[(iii) leadership training for
women and girls to develop professional
and marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
[(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
[(v) enhancing educational and
career opportunities for those women
and girls who suffer multiple forms of
discrimination, based on sex, and on
race, ethnic origin, limited English
proficiency, disability, socioeconomic
status, or age;
[(vi) assisting pregnant students
and students rearing children to remain
in or to return to secondary school,
graduate, and prepare their preschool
children to start school;
[(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
[(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
[(ix) programs and policies to
address sexual harassment and violence
against women and girls and to ensure
that educational institutions are free
from threats to the safety of students
and personnel;
[(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
[(xi) programs to increase
educational opportunities, including
higher education, vocational training,
and other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
[(xii) programs to improve
representation of women in educational
administration at all levels; and
[(xiii) planning, development, and
initial implementation of--
[(I) comprehensive
institutionwide or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
[(II) comprehensive plans
for implementation of equity
programs in State educational
agencies and local educational
agencies and institutions of
higher education, including
community colleges; and
[(III) innovative
approaches to school-community
partnerships for educational
equity; and
[(B) for research and development, which
shall be coordinated with each of the National
Education Centers of the Institute of Education
Sciences to avoid duplication of research
efforts, designed to advance gender equity
nationwide and to help make policies and
practices in educational agencies and
institutions, and local communities, gender
equitable, including--
[(i) research and development of
innovative strategies and model
training programs for teachers and
other education personnel;
[(ii) the development of high-
quality and challenging assessment
instruments that are nondiscriminatory;
[(iii) the development and
evaluation of model curricula,
textbooks, software, and other
educational materials to ensure the
absence of gender stereotyping and
bias;
[(iv) the development of
instruments and procedures that employ
new and innovative strategies to assess
whether diverse educational settings
are gender equitable;
[(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
[(vi) updating high-quality
educational materials previously
developed through awards made under
this subpart;
[(vii) the development of policies
and programs to address and prevent
sexual harassment and violence to
ensure that educational institutions
are free from threats to safety of
students and personnel;
[(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
[(ix) the development of guidance
and counseling activities, including
career education programs, designed to
ensure gender equity.]
[SEC. 5614. [20 U.S.C. 7283C] APPLICATIONS.
[An application under this subpart shall--
[(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this subpart, including an evaluation of
the practices, policies, and materials used by the
applicant and an evaluation or estimate of the
continued significance of the work of the project
following completion of the award period;
[(2) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
[(3) for applications for assistance under section
5613(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources
with State educational agencies, local educational
agencies, institutions of higher education, community-
based organizations (including organizations serving
women), parent, teacher, and student groups,
businesses, or other recipients of Federal educational
funding which may include State literacy resource
centers;
[(4) for applications for assistance under section
5613(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
[(5) for applications for assistance under section
5613(b)(1), describe plans for continuation of the
activities assisted under this subpart with local
support following completion of the grant period and
termination of Federal support under this subpart.]
[SEC. 5615. [20 U.S.C. 7283D] CRITERIA AND PRIORITIES.
[(a) Criteria and Priorities.--
[(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5613(b) to ensure
that funds under this subpart are used for programs
that most effectively will achieve the purposes of this
subpart.
[(2) Criteria.--The criteria described in paragraph
(1) may include the extent to which the activities
assisted under this subpart--
[(A) address the needs of women and girls
of color and women and girls with disabilities;
[(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency or institution; and
[(D) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this subpart has
terminated.
[(b) Priorities.--In awarding grants under this subpart,
the Secretary may give special consideration to applications--
[(1) submitted by applicants that have not received
assistance under this subpart or this subpart's
predecessor authorities;
[(2) for projects that will contribute
significantly to directly improving teaching and
learning practices in the local community; and
[(3) for projects that will--
[(A) provide for a comprehensive approach
to enhancing gender equity in educational
institutions and agencies;
[(B) draw on a variety of resources,
including the resources of local educational
agencies, community-based organizations,
institutions of higher education, and private
organizations;
[(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
subpart has terminated;
[(D) address issues of national
significance that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.
[(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this subpart for each
fiscal year address--
[(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
[(2) all regions of the United States; and
[(3) urban, rural, and suburban educational
institutions.
[(d) Coordination.--Research activities supported under
this subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
which are jointly funded and carried out with the
Institute of Education Sciences.
[(e) Limitation.--Nothing in this subpart shall be
construed as prohibiting men and boys from participating in any
programs or activities assisted with funds under this subpart.]
[SEC. 5616. [20 U.S.C. 7283E] REPORT.
[Not later than January 1, 2006, the Secretary shall submit
to the President and Congress a report on the status of
educational equity for girls and women in the Nation.]
[SEC. 5617. [20 U.S.C. 7283F] ADMINISTRATION.
[(a) Evaluation and Dissemination.--Not later than January
1, 2005, the Secretary shall evaluate and disseminate materials
and programs developed under this subpart and shall report to
Congress regarding such evaluation materials and programs.
[(b) Program Operations.--The Secretary shall ensure that
the activities assisted under this subpart are administered
within the Department by a person who has recognized
professional qualifications and experience in the
[SEC. 5618. [20 U.S.C. 7283G] AMOUNT.
[From amounts made available to carry out this subpart for
a fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section
5613(b)(1).]
PART C--SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING
SEC. 5301. SHORT TITLE.
This part may be cited as the ``Jacob K. Javits Gifted and
Talented Students Education Act of 2015''.
SEC. 5302. PURPOSE.
The purpose of this part is to initiate a coordinated
program of evidence-based research, demonstration projects,
innovative strategies, and similar activities designed to build
and enhance the ability of elementary schools and secondary
schools nationwide to meet the special educational needs of
gifted and talented students.
SEC. 5303. RULE OF CONSTRUCTION.
Nothing in this part shall be construed to prohibit a
recipient of funds under this part from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings, where
appropriate.
SEC. 5304. AUTHORIZED PROGRAMS.
(a) Establishment of Program.--
(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) is authorized to make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations to assist such
agencies, institutions, and organizations in carrying
out programs or projects authorized by this part that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
(2) Application.--Each entity seeking assistance
under this part shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
(B) the proposed programs can be evaluated.
(b) Use of Funds.--Programs and projects assisted under
this section may include each of the following:
(1) Conducting evidence-based research on methods
and techniques for identifying and teaching gifted and
talented students and for using gifted and talented
programs and methods to serve all students.
(2) Establishing and operating model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs (such as
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education).
(3) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
(4) Carrying out programs of technical assistance
and information dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students.
(c) Special Rule.--To the extent that funds appropriated to
carry out this part for a fiscal year beginning with fiscal
year 2016 exceed such funds appropriated for the program under
subpart 6 of part D of title V, as in effect for fiscal year
2010, the Secretary shall use such excess funds to award
grants, on a competitive basis, to State educational agencies,
local educational agencies, or both, to implement activities
described in subsection (b).
(d) Center for Research and Development.--
(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Research Center for the Education of Gifted and
Talented Children and Youth through grants to, or
contracts with, one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in subsection (b).
(2) Director.--The National Center shall be headed
by a Director. The Secretary may authorize the Director
to carry out such functions of the National Center as
may be agreed upon through arrangements with
institutions of higher education, State educational
agencies, local educational agencies, or other public
or private agencies and organizations.
(3) Funding.--The Secretary may use not more than
30 percent of the funds made available for fiscal year
2010 under subpart 6 of part D of title V, as in effect
for such fiscal year, to carry out this subsection.
(e) Coordination.--Evidence-based research activities
supported under this part--
(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
(2) may include collaborative evidence-based
research activities which are jointly funded and
carried out with such Institute.
SEC. 5305. PROGRAM PRIORITIES.
(a) General Priority.--In carrying out this part, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
(2) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals who are English learners, and children with
disabilities) who may not be identified and served
through traditional assessment methods.
(b) Service Priority.--The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5304(a)(2) in a fiscal year address the priority described in
subsection (a)(2).
SEC. 5306. GENERAL PROVISIONS.
(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary schools and
secondary schools, including the participation of teachers and
other personnel in professional development programs serving
such students.
(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
(1) use a peer-review process in reviewing
applications under this part;
(2) ensure that information on the activities and
results of programs and projects funded under this part
is disseminated to appropriate State educational
agencies, local educational agencies, and other
appropriate organizations, including nonprofit private
organizations; and
(3) evaluate the effectiveness of programs under
this part in accordance with section 9601, in terms of
the impact on students traditionally served in separate
gifted and talented programs and on other students, and
submit the results of such evaluation to Congress not
later than 2 years after the date of enactment of the
Every Child Achieves Act of 2015.
(c) Program Operations.--The Secretary shall ensure that
the programs under this part are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
(1) administer and coordinate the programs
authorized under this part;
(2) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs;
(3) assist the Director of the Institute of
Education Sciences in identifying research priorities
that reflect the needs of gifted and talented students;
and
(4) disseminate, and consult on, the information
developed under this part with other offices within the
Department.
SEC. 5307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
PART D--EDUCATION INNOVATION AND RESEARCH
SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.
(a) Program Authorized.--From funds appropriated under
subsection (e), the Secretary shall make grants to eligible
entities for the development, implementation, replication, or
scaling and rigorous testing of entrepreneurial, evidence-
based, field-initiated innovations to improve student
achievement and attainment for high-need students, including--
(1) early-phase grants to fund the development,
implementation, and feasibility testing of a program
that prior research suggests has promise, for the
purpose of determining whether the program can
successfully improve student achievement or attainment
for high-needs students;
(2) mid-phase grants to fund implementation and a
rigorous evaluation of a program that has been
successfully implemented under an early-phase grant or
other effort meeting similar criteria, for the purpose
of measuring the program's impact and cost
effectiveness, if possible using existing
administrative data; or
(3) expansion grants to fund implementation and a
rigorous replication evaluation of a program that has
been found to produce sizable, important impacts under
a mid-phase grant or other effort meeting similar
criteria, for the purpose of determining whether such
impacts can be successfully reproduced and sustained
over time, and identifying the conditions in which the
program is most effective.
(b) Eligible Entity.--In this section, the term ``eligible
entity'' means any of the following:
(1) A local educational agency.
(2) A State educational agency.
(3) A consortium of States educational agencies or
local educational agencies.
(4) A State educational agency or a local
educational agency, in partnership with--
(A) a nonprofit organization;
(B) a small business;
(C) a charter management organization;
(D) an educational service agency; or
(E) an institution of higher education.
(c) Rural Areas.--In awarding grants under subsection (a),
the Secretary shall ensure that not less than 25 percent of the
funds for any fiscal year are awarded for projects that meet
both of the following requirements:
(1) The grantee 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 in partnership with such
a local educational agency.
(2) A majority of the schools to be served by the
project are designated with a school locale code of 32,
33, 41, 42, or 43, or a combination of such codes, as
determined by the Secretary.
(d) Matching Funds.--In order to receive a grant under
subsection (a), an eligible entity shall demonstrate that the
eligible entity will provide matching funds in an amount equal
to 10 percent of the funds provided under a grant under this
part, except that the Secretary may waive the matching funds
requirement, on a case-by-case basis, upon a showing of
exceptional circumstances, such as--
(1) the difficulty of raising matching funds for a
project to serve a rural area;
(2) the difficulty of raising matching funds in
areas with a concentration of local educational
agencies or schools with a high percentage of students
aged 5 through 17--
(A) who are in poverty, as counted in the
most recent census data approved by the
Secretary;
(B) who are eligible for a free or reduced
priced lunch under the Richard B. Russell
National School Lunch Act;
(C) whose families receive assistance under
the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.); or
(D) who are eligible to receive medical
assistance under the Medicaid program; and
(3) the difficulty of raising funds in designated
tribal areas.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2016 through 2021.
PART E--ACCELERATED LEARNING
SEC. 5501. SHORT TITLE.
This part may be cited as the ``Accelerated Learning Act
of 2015''.
SEC. 5502. PURPOSES.
The purposes of this part are--
(1) to raise student academic achievement through
accelerated learning programs, including Advanced
Placement and International Baccalaureate programs,
dual enrollment programs, and early college high
schools that provide postsecondary-level instruction,
examinations, or sequences of courses that are widely
accepted for credit at institutions of higher
education;
(2) to increase the number of students attending
high-need schools who enroll and succeed in accelerated
learning courses, accelerated learning examinations,
dual enrollment programs, and early college high school
courses;
(3) to support efforts by States and local
educational agencies to increase the availability of,
and enrollment in, accelerated learning courses, pre-
accelerated learning courses, dual enrollment programs,
and early college high school courses in high-need
schools; and
(4) to provide high-quality professional
development for teachers of accelerated learning
courses, pre-accelerated learning courses, dual
enrollment programs, and early college high school
courses in high-need schools.
SEC. 5503. FUNDING DISTRIBUTION RULE.
From amounts appropriated under section 5508 for a fiscal
year, the Secretary shall give priority to funding activities
under section 5504 and shall distribute any remaining funds
under section 5505.
SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE PROGRAM.
(a) Grants Authorized.--From amounts made available under
section 5503 for a fiscal year, the Secretary shall award
grants to State educational agencies having applications
approved under this section to enable the State educational
agencies to reimburse low-income students to cover part or all
of the costs of accelerated learning examination fees, if the
low-income students--
(1) are enrolled in accelerated learning courses;
and
(2) plan to take accelerated learning examinations.
(b) Award Basis.--In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all States.
(c) Information Dissemination.--A State educational agency
that is awarded a grant under this section shall make publicly
available information regarding the availability of accelerated
learning examination fee payments under this section, and shall
disseminate such information to eligible high school students
and parents, including through high school teachers and
counselors.
(d) Applications.--Each State educational agency desiring
to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
At a minimum, each State educational agency application shall--
(1) describe the accelerated learning examination
fees the State educational agency will pay on behalf of
low-income students in the State from grant funds
awarded under this section;
(2) provide an assurance that any grant funds
awarded under this section shall be used only to pay
for accelerated learning examination fees; and
(3) contain such information as the Secretary may
require to demonstrate that the State educational
agency will ensure that a student is eligible for
payments authorized under this section, including
ensuring that the student is a low-income student.
(e) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
(f) Report.--
(1) In general.--Each State educational agency
awarded a grant under this section shall, with respect
to each accelerated learning course subject, annually
report to the Secretary the following data for the
preceding year:
(A) The number of students in the State who
are taking an accelerated learning course in
such subject.
(B) The number of accelerated learning
examinations taken by students in the State who
have taken an accelerated learning course in
such subject.
(C) The number of students in the State
scoring at each level on accelerated learning
examinations in such subject, disaggregated by
race, ethnicity, sex, English proficiency
status, and socioeconomic status.
(D) Demographic information regarding
students in the State taking accelerated
learning courses and accelerated learning
examinations in such subject, disaggregated by
race, ethnicity, sex, English proficiency
status, and socioeconomic status.
(2) Report to congress.--The Secretary shall
annually compile the information received from each
State educational agency under paragraph (1) and report
to the authorizing committees of Congress regarding the
information.
(g) Bureau of Indian Education as State Educational
Agency.--For purposes of this section, the Bureau of Indian
Education shall be treated as a State educational agency.
SEC. 5505. ACCELERATED LEARNING INCENTIVE PROGRAM GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts made available under
section 5503 for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible
entities to enable such entities to carry out the
authorized activities described in subsection (e).
(2) Duration, renewal, and payments.--
(A) Duration.--The Secretary shall award a
grant under this section for a period of not
more than 3 years.
(B) Renewal.--The Secretary may renew a
grant awarded under this section for an
additional period of not more than 2 years, if
an eligible entity--
(i) is achieving the objectives of
the grant; and
(ii) has shown improvement against
baseline data on the performance
measures described in subparagraphs (A)
through (E) of subsection (g)(1).
(C) Payments.--The Secretary shall make
grant payments under this section on an annual
basis.
(b) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--
(1) a State educational agency;
(2) a local educational agency; or
(3) a partnership consisting of--
(A) a national, regional, or statewide
nonprofit organization, with expertise and
experience in providing accelerated learning
course services, dual enrollment programs, and
early college high school courses; and
(B) a State educational agency or local
educational agency.
(c) Application.--
(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
require.
(2) Contents.--The application shall, at a minimum,
include a description of--
(A) the goals and objectives for the
project supported by the grant under this
section, including--
(i) increasing the number of
teachers serving high-need schools who
are qualified to teach accelerated
learning courses, dual enrollment
programs, and early college high school
courses;
(ii) increasing the number of
accelerated learning courses, dual
enrollment programs, and early college
high school courses that are offered at
high-need schools; and
(iii) increasing the number of
students attending a high-need school,
particularly low-income students, who
enroll and succeed in--
(I) accelerated learning
courses;
(II) if offered by the
school, pre-accelerated
learning courses;
(III) dual enrollment
programs; and
(IV) early college high
school courses;
(B) how the eligible entity will ensure
that students have access to courses that will
prepare students to enroll and succeed in
accelerated learning courses, pre-accelerated
learning courses, dual enrollment programs, and
early college high school courses;
(C) how the eligible entity will provide
professional development for teachers that will
further the goals and objectives of the grant
project;
(D) how the eligible entity will ensure
that teachers serving high-need schools are
qualified to teach accelerated learning
courses, dual enrollment programs, and early
college high school courses;
(E) how the eligible entity will provide
for the involvement of business and community
organizations and other entities, including
institutions of higher education, in carrying
out the activities described in subsection (e);
(F) how the eligible entity will use funds
received under this section; and
(G) how the eligible entity will evaluate
the success of the grant project.
(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications from eligible
entities that propose to carry out activities in a local
educational agency that is eligible under the small rural
school achievement program or the rural and low-income school
program authorized under subpart 1 or 2 of part B of title VI.
(e) Authorized Activities.--Each eligible entity that
receives a grant under this section may use grant funds for--
(1) high-quality teacher professional development,
in order to expand the pool of teachers in the
participating State, local educational agency, or high-
need school who are qualified to teach accelerated
learning courses, dual enrollment programs, and early
college high school courses, including through
innovative models such as online academies and training
institutes;
(2) teacher and counselor high-quality professional
development in high school to prepare students for
success in accelerated learning courses, dual
enrollment programs, and early college high school
courses;
(3) coordination and articulation between grade
levels to prepare students to enroll and succeed in
accelerated learning courses, dual enrollment programs,
and early college high school courses;
(4) the purchase of instructional materials for
accelerated learning courses, dual enrollment programs,
and early college high school courses;
(5) activities to increase the availability of, and
participation in, online accelerated learning courses,
dual enrollment programs, and early college high school
courses;
(6) carrying out the requirements of subsection
(g); or
(7) in the case of an eligible entity described in
subsection (b)(1), awarding subgrants to local
educational agencies to enable the local educational
agencies to carry out authorized activities described
in paragraphs (1) through (6).
(f) Contracts.--An eligible entity that is awarded a grant
to provide online courses under this section may enter into a
contract with an organization to provide accelerated learning
courses, dual enrollment programs, and early college high
school courses, including contracting for necessary support
services.
(g) Collecting and Reporting Requirements.--
(1) Report.--Each eligible entity receiving a grant
under this section shall collect and report to the
Secretary annually such data regarding the results of
the grant as the Secretary may reasonably require,
including--
(A) the number of students served by the
eligible entity enrolling in accelerated
learning courses, pre-accelerated learning
courses, dual enrollment programs, and early
college high school courses, disaggregated by
grade level of the student, and the grades
received by such students in the courses;
(B) the number of students taking an
accelerated learning examination and the
distribution of scores on those examinations,
disaggregated by the grade level of the student
at the time of examination;
(C) the number of teachers who are
currently, as of the date of the report,
receiving training to teach accelerated
learning courses, dual enrollment programs, and
early college high school courses, and will
teach such courses in the next school year;
(D) the number of teachers becoming
qualified to teach accelerated learning
courses, dual enrollment programs, and early
college high school courses; and
(E) the number of qualified teachers who
are teaching accelerated learning courses, dual
enrollment programs, and early college high
school courses in high-need schools served by
the eligible entity.
(2) Reporting of data.--Each eligible entity
receiving a grant under this section shall report the
data required under paragraph (1)--
(A) disaggregated by subject area;
(B) in the case of student data,
disaggregated in the same manner as information
is disaggregated under section
1111(b)(2)(B)(xi); and
(C) in a manner that allows for an
assessment of the effectiveness of the grant
program.
(h) Evaluation.--The Secretary, acting through the Director
of the Institute of Education Sciences, shall, in consultation
with the relevant program office at the Department, evaluate
the implementation and impact of the activities supported under
this section, including progress as measured by the performance
measures established under subparagraphs (A) through (E) of
subsection (g)(1).
(i) Matching Requirement.--
(1) In general.--Each eligible entity that receives
a grant under this section shall provide toward the
cost of the activities assisted under the grant, from
non-Federal sources, an amount equal to 100 percent of
the amount of the grant, except that an eligible entity
that is a high-need local educational agency, as
determined by the Secretary, shall provide an amount
equal to not more than 50 percent of the amount of the
grant.
(2) Matching funds.--The eligible entity may
provide the matching funds described in paragraph (1)
in cash or in-kind, fairly evaluated, but may not
provide more than 50 percent of the matching funds in-
kind. The eligible entity may provide the matching
funds from State, local, or private sources.
(3) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible entity if the Secretary
determines that applying the matching requirement to
such eligible entity would result in serious hardship
or an inability to carry out the authorized activities
described in subsection (e).
SEC. 5506. SUPPLEMENT, NOT SUPPLANT.
Grant funds provided under this part shall supplement, and
not supplant, other non-Federal funds that are available to
assist low-income students to pay for the cost of accelerated
learning fees or to expand access to accelerated learning and
pre-accelerated learning courses.
SEC. 5507. DEFINITIONS.
In this part:
(1) Accelerated learning course.--The term
``accelerated learning course'' means--
(A) a course of postsecondary-level
instruction provided to middle or high school
students, terminating in an Advanced Placement
or International Baccalaureate examination; or
(B) another highly rigorous, evidence-
based, postsecondary preparatory program
terminating in--
(i) an examination or sequence of
courses that are widely accepted for
credit at institutions of higher
education; or
(ii) another examination or
sequence of courses approved by the
Secretary.
(2) Accelerated learning examination.--The term
``accelerated learning examination'' means an Advanced
Placement examination administered by the College
Board, an International Baccalaureate examination
administered by the International Baccalaureate, an
examination that is widely accepted for college credit,
or another such examination approved by the Secretary.
(3) Dual enrollment program.--The term ``dual
enrollment'' means a program through which a high
school student--
(A) takes courses offered through an
institution of higher education while the
student is enrolled in high school; and
(B) earns both secondary school and
postsecondary credit for the courses described
in subparagraph (A).
(4) Early college high school.--The term ``early
college high school'' means a high school that provides
a course of study that enables a student to earn a high
school diploma and either an associate's degree or 1 to
2 years of postsecondary credit toward a postsecondary
degree or credential.
(5) High-need school.--The term ``high-need
school'' means a high school--
(A) with a demonstrated need for Advanced
Placement or International Baccalaureate
courses, dual enrollment programs, or early
college high school courses; and
(B) that--
(i) has a high concentration of
low-income students; or
(ii) is a local educational agency
that is eligible, as determined by the
Secretary, under the small, rural
school achievement program, or the
rural and low-income school program,
authorized under subpart 1 or 2 of part
B of title VI.
(6) Low-income student.--The term ``low-income
student'' means a student who is eligible for a free or
reduced-price lunch under the school lunch program
established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
PART F--READY-TO-LEARN TELEVISION
SEC. 5601. READY-TO-LEARN.
(a) Program Authorized; Ready-To-Learn.--
(1) In general.--The Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with, eligible entities described in
paragraph (3) to enable such entities--
(A) 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;
(B) 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;
(C) 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;
(D) 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
(E) to develop and disseminate education
and training materials, including interactive
programs and programs adaptable to distance
learning technologies, that are designed--
(i) to promote school readiness;
and
(ii) to promote the effective use
of materials developed under
subparagraphs (B) and (C) among
parents, teachers, Head Start
providers, providers of family literacy
services, child care providers, early
childhood development personnel,
elementary school teachers, public
libraries, and after-school program
personnel caring for preschool and
elementary school children.
(2) Availability.--In awarding or entering into
grants, contracts, or cooperative agreements under this
section, the Secretary shall ensure that eligible
entities make programming widely available, with
support materials as appropriate, to young children,
parents, child care workers, Head Start providers, and
providers of family literacy services to increase the
effective use of such programming.
(3) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative agreement under this
section, an entity shall be 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.
(4) Coordination of activities.--An entity
receiving a grant, contract, or cooperative agreement
under this section shall consult with the Secretary and
the Secretary of Health and Human Services--
(A) to maximize the utilization of quality
educational programming by preschool and
elementary school children, and make such
programming widely available to federally
funded programs serving such populations; and
(B) to coordinate activities with Federal
programs that have major training components
for early childhood development, including
programs under the Head Start Act (42 U.S.C.
9831 et seq.) and State training activities
funded under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.), regarding the availability and
utilization of materials developed under
paragraph (1)(E) to enhance parent and child
care provider skills in early childhood
development and education.
(b) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
(c) Reports and Evaluations.--
(1) Annual report to the secretary.--An entity
receiving a grant, contract, or cooperative agreement
under this section shall prepare and submit to the
Secretary an annual report that contains such
information as the Secretary may require. At a minimum,
the report shall describe the program activities
undertaken with funds received under the grant,
contract, or cooperative agreement, including each of
the following:
(A) The programming that has been
developed, directly or indirectly, by the
eligible entity, and the target population of
the programs developed.
(B) The support and training materials that
have been developed to accompany the
programming, and the method by which the
materials are distributed to consumers and
users of the programming.
(C) The means by which programming
developed under this section has been
distributed, including the distance learning
technologies that have been utilized to make
programming available, and the geographic
distribution achieved through such
technologies.
(D) The initiatives undertaken by the
entity to develop public-private partnerships
to secure non-Federal support for the
development, distribution, and broadcast of
educational and instructional programming.
(2) Report to congress.--The Secretary shall
prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives a biannual report that includes the
following:
(A) A summary of the activities assisted
under subsection (a).
(B) A description of the education and
training materials made available under
subsection (a)(1)(E), the manner in which
outreach has been conducted to inform parents
and child care providers of the availability of
such materials, and the manner in which such
materials have been distributed in accordance
with such subsection.
(d) Administrative Costs.--An entity that receives a grant,
contract, or cooperative agreement under this section may use
up to 5 percent of the amount received under the grant,
contract, or agreement for the normal and customary expenses of
administering the grant, contract, or agreement.
(e) Funding Rule.--Not less than 60 percent of the amount
appropriated under subsection (f) for each fiscal year shall be
used to carry out activities under subparagraphs (B) through
(D) of subsection (a)(1).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part such sums as may be
necessary for each of fiscal years 2016 through 2021.
PART G--INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS (I-TECH)
SEC. 5701. PURPOSES.
The purposes of this part are--
(1) to improve the achievement, academic growth,
and college and career readiness of all students;
(2) to ensure all students have access to
personalized, rigorous learning experiences that are
supported through technology;
(3) to ensure that educators have the knowledge and
skills to use technology, including computer-based
assessments and blended learning strategies, to
personalize learning;
(4) to ensure district and school leaders have the
skills required to implement, and support school- and
district-wide approaches for using technology to inform
instruction, support teacher collaboration, and
personalize learning;
(5) to ensure that students in rural, remote, and
underserved areas have the resources to take advantage
of high-quality digital learning experiences, digital
resources, and access to online courses taught by
effective educators;
(6) to ensure that students have increased access
to online dual and concurrent enrollment opportunities,
career and technical courses, and programs leading to a
recognized postsecondary credential (as defined in
section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102)), and courses taught by educators,
including advanced coursework; and
(7) to ensure that State educational agencies,
local educational agencies, elementary schools, and
secondary schools have the technological capacity,
infrastructure, and technical support necessary to meet
purposes described in paragraphs (1) through (6).
SEC. 5702. DEFINITIONS.
In this part:
(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, data analytics, and
information to personalize learning and provide
targeted supplementary instruction;
(D) student collaboration with content
experts and peers;
(E) online and computer-based assessments;
(F) digital learning content, software, or
simulations;
(G) access to online courses;
(H) mobile devices for learning in school
and at home;
(I) learning environments that allow for
rich collaboration and communication;
(J) 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;
(K) access to online course opportunities
for students in rural or remote areas; and
(L) discovery, modification, and sharing of
openly licensed digital learning materials.
(2) Eligible technology.--The term ``eligible
technology'' means modern computer, and communication
technology software, services, or tools, including
computer or mobile devices, software applications,
systems and platforms, and digital learning content,
and related services and supports.
(3) Technology readiness survey.--The term
``technology readiness survey'' means a survey
completed by a local educational agency that provides
standardized information on the quantity and types of
technology infrastructure and access available to the
students and in the community served by the local
educational agency, including computer devices, access
to school libraries, Internet connectivity, operating
systems, related network infrastructure, data systems,
educator professional learning needs and priorities,
and data security.
(4) 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).
SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.
(a) In General.--From the amounts appropriated under
section 5708, the Secretary may reserve not more than 1.5
percent for national activities to support grantees and shall
award the remainder to State educational agencies to strengthen
State and local technological infrastructure and professional
learning that supports digital learning through State
activities under section 5705(c) and local activities under
section 5706(c).
(b) Grants to State Educational Agencies.--
(1) Reservations.--From the amounts appropriated
under section 5708 for any fiscal year, the Secretary
shall reserve--
(A) three-fourths of 1 percent for the
Secretary of the Interior to provide assistance
under this part for schools operated or funded
by the Bureau of Indian Education; and
(B) 1 percent to provide assistance under
this part to the outlying areas.
(2) Grant allotments.--From the amounts
appropriated under section 5708 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 5704 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 5704 received under such part for such
year.
(c) Minimum.--The amount of a grant to a State educational
agency under subsection (b)(2) for a fiscal year shall 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 section 5704 for a
fiscal year, or does not use the State educational agency's
entire grant allotment 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 allotment,
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 10 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 5705(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. 5704. STATE APPLICATIONS.
(a) Application.--To receive a grant under section
5703(b)(2), a State educational agency shall submit to the
Secretary an application at such time and in such manner as the
Secretary may require and containing the information described
in subsection (b).
(b) Contents.--Each application submitted under subsection
(a) shall include the following:
(1) A description of how the State educational
agency will meet the following goals:
(A) Use technology to ensure all students
achieve college and career readiness and
digital literacy, including by providing high-
quality education opportunities to economically
or geographically isolated student populations.
(B) Provide educators, school leaders, and
administrators with the professional learning
tools, devices, content, and resources to--
(i) personalize learning to improve
student academic achievement; and
(ii) discover, adapt, and share
relevant high-quality open educational
resources.
(C) Enable local educational agencies to
build the technological capacity and
infrastructure.
(2) An assurance that each local educational
awarded a subgrant under this part has conducted a
technology readiness survey and will take steps to
address the readiness gaps identified not later than 3
years after the completion of the survey by the local
educational agency.
(3) An assurance that the State educational agency
will ensure that the State educational agency's
technology systems and school-based technology systems
are interoperable.
(4) 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 part.
(5) A description of how the State educational
agency will award subgrants to local educational
agencies under section 5706.
(6) A description of the process, activities, and
performance measures that the State educational agency
will use to evaluate the impact and effectiveness of
the grant and subgrant funds awarded under this part
across the State and in each local educational agency.
(7) An assurance that the State educational agency
consulted with local educational agencies in the
development of the State educational agency's
application under this subsection.
(8) An assurance that the State educational agency
will provide matching funds as required under section
5703(e).
(9) 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 445 of
the General Education Provisions Act (20 U.S.C. 1232h).
(10) An assurance that funds made available under
this part shall be used to supplement, and not
supplant, any other Federal, State, or local funds that
would otherwise be available to carry out the
activities assisted under this part.
SEC. 5705. STATE USE OF GRANT FUNDS.
(a) Reservation for Subgrants To Support Technology
Infrastructure.--Each State educational agency that receives a
grant under section 5703(b)(2) shall expend not less than 90
percent of the grant amount for each fiscal year to award
subgrants to local educational agencies in accordance with
section 5706.
(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 5703(b)(2) for the State activities
described in subsection (c).
(2) Grant administration.--
(A) In general.--Subject to subparagraph
(B), of the amount reserved by a State
educational agency under paragraph (1), the
State educational agency may reserve for the
administration of the grant under this part not
more than--
(i) 1 percent in the case of a
State educational agency awarding
subgrants under section 5706(a)(1); or
(ii) 3 percent in the case of a
State educational agency awarding
subgrants under section 5706(a)(2).
(B) Special rule.--Notwithstanding
subparagraph (A), a State educational agency
that forms a State purchasing consortium under
subsection (d)--
(i) may reserve an additional 1
percent to carry out the activities
described in subsection (d)(1); and
(ii) may reserve amounts in
addition to the percentage described in
clause (i) if the State purchasing
consortium receives direct approval
from the local educational agencies
receiving subgrants under section
5706(a) from the State educational
agency prior to reserving more than the
additional percentage authorized under
clause (i).
(c) State Activities.--A State educational agency may use
funds described in subsection (b) to carry out each of the
following:
(1) Except for the awarding of subgrants in
accordance with section 5706, activities described in
the State educational agency's application under
section 5704(b).
(2) Providing technical assistance to local
educational agencies to--
(A) identify and address technology
readiness needs, as determined by the
technology readiness surveys;
(B) use technology, consistent with the
principles of universal design for learning, to
support the learning needs of all students,
including children with disabilities and
English learners;
(C) build capacity for principals and local
educational agency administrators to support
teachers in using data and technology to
improve teaching and personalize learning;
(D) ensure that contractual requirements
for third parties that have access to student
data, its storage, or provide analytics on
student data provide privacy protections
consistent with the 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
(E) provide tools and processes to support
the creation, modification, and distribution of
open educational resources.
(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 part with other educational resources and programs
across the State.
(5) Disseminating information, including making
publicly available on the website of the State
educational agency, promising practices to improve
technology instruction, best practices for data
security, 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 to meet the
goals described in section 5704(b)(1).
(7) Coordinating with teacher, principal, and other
school leader preparation programs to ensure that
preservice teachers, principals, and other school
leaders have the skills to implement digital learning
programs effectively.
(8) Supporting schools in rural and remote areas to
expand access to high-quality digital learning
opportunities.
(d) Purchasing Consortia.--
(1) In general.--A State educational agency
receiving a grant under section 5703(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 subsection (c), including
purchasing eligible technology;
(B) encourage local educational agencies to
form local purchasing consortia under section
5706(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 5703(b)(2) shall 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 amount reserved 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. 5706. LOCAL SUBGRANTS.
(a) Subgrants.--
(1) Grants to local educational agencies.--From the
grant funds provided under section 5703(b)(2) to a
State educational agency that are remaining after the
State educational agency makes reservations under
section 5705(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 $20,000 for a year.
(2) Competitive grants to local educational
agencies.--If the amount of funds appropriated under
section 5708 is less than $300,000,000 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 subsection
(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)(4)
and how the local educational
agencies with such plans will
carry out the alignment and
coordination described in such
subsection;
(ii) give priority to local
educational agencies that have
demonstrated substantial need for
assistance in acquiring and using
technology, based on the agency's
technology readiness survey; and
(iii) give priority to schools that
serve students in rural and remote
areas, schools identified under section
1114 as in need of intervention and
support and the persistently lowest
achieving schools, or schools with a
high percentage of students aged 5
through 17 who are in poverty, as
counted in the most recent census data
approved by the Secretary, who are
eligible for a free or reduced priced
lunch under the Richard B. Russell
National School Lunch Act, in families
receiving assistance under the State
program funded under part A of title IV
of the Social Security Act, or eligible
to receive medical assistance under the
Medicaid program.
(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, such as--
(1) a description of how the local educational
agency will carry out the goals described in
subparagraphs (A) through (C) of section 5704(b)(1);
(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 who 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 who are children with
disabilities and English learners, other school
leaders, library and media personnel, technology
officers, and staff responsible for assessments and
data;
(5) a description of how the local educational
agency will build capacity for principals, other school
leaders, and local educational agency administrators to
support teachers in developing data literacy skills and
in implementing digital tools to support teaching and
learning;
(6) a description of how the local educational
agency will procure content and ensure content quality;
and
(7) 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'').
(c) Use of Funds.--
(1) Professional development in digital learning.--
Subject to paragraph (3), a local educational agency
receiving a subgrant under subsection (a) shall use not
less than 50 percent of such funds to carry out
professional development in digital learning for
teachers, principals, other school leaders,
paraprofessionals, library and media personnel,
specialized instructional support personnel, technology
coordinators, and administrators in the use of
technology to support student learning.
(2) Technology infrastructure.--Subject to
paragraph (3), a local educational agency receiving a
subgrant under subsection (a) shall use not less than
25 percent of such funds to support activities for the
acquisition of eligible technology needed to--
(A) except for the activities described in
paragraph (1), carry out activities described
in the application submitted under subsection
(b), including purchasing devices, equipment,
and software applications; and
(B) address readiness shortfalls identified
under the technology readiness survey completed
by the local educational agency.
(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 paragraph (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 5706(d).
(5) Blended learning projects.--
(A) In general.--A local educational agency
receiving a subgrant under subsection (a) may
use such funds to carry out a blended learning
project, which shall include at least 1 of the
following activities:
(i) Planning activities, which may
include development of new
instructional models (including blended
learning technology software and
platforms), the purchase of digital
instructional resources, initial
professional development activities,
and one-time information technology
purchases, except that such
expenditures may not include
expenditures related to significant
construction or renovation of
facilities.
(ii) Ongoing professional
development for teachers, principals,
other school leaders, or other
personnel involved in the project that
is designed to support the
implementation and academic success of
the project.
(B) Non-federal match.--A local educational
agency that carries out a blended learning
project under this paragraph shall provide non-
Federal matching funds equal to not less than
10 percent of the amount of funds used to carry
out such project that shall be used to carry
out such project.
(C) Definition of blended learning.--In
this paragraph, the term ``blended learning''
means a formal education program that leverages
both technology-based and face-to-face
instructional approaches that--
(i) include an element of online or
digital learning, combined with
supervised learning time, and student-
led learning, in which the elements are
connected to provide an integrated
learning experience; and
(ii) where students are provided
some control over time, path, or pace.
SEC. 5707. REPORTING.
(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under section 5706 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 5703(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 educational agency's
plan described in section 5704(b) or the local
education agency's technology plan under section
5706(b)(3), as applicable;
(2) the categories of eligible technology acquired
with funds under this part and how such technology is
being used;
(3) the professional learning activities funded
under this part, including types of activities and
entities involved in providing such professional
learning to classroom teachers and other staff, such as
school librarians; and
(4) the types of programs funded under this part.
SEC. 5708. AUTHORIZATION.
There are authorized to be appropriated such sums as may
be necessary to carry out this part.
PART H--LITERACY AND ARTS EDUCATION
SEC. 5801. LITERACY AND ARTS EDUCATION.
(a) In General.--From funds made available under
subsection (c), the Secretary may award grants, contracts, or
cooperative agreements, on a competitive basis, to eligible
entities for the purposes of--
(1) promoting arts education for disadvantaged
students and students who are children with
disabilities, through activities such as--
(A) professional development for arts
educators, teachers, and principals;
(B) development and dissemination of
instructional materials and arts-based
educational programming, including online
resources, in multiple arts disciplines; and
(C) community and national outreach
activities that strengthen and expand
partnerships among schools, local educational
agencies, communities, or national centers for
the arts; and
(2) promoting literacy programs that support the
development of literacy skills in low-income
communities, including--
(A) developing and enhancing effective
school library programs, which may include
providing professional development for school
librarians, books, and up-to-date materials to
low-income schools;
(B) early literacy services, including
pediatric literacy programs through which,
during well-child visits, medical providers
trained in research-based methods of early
language and literacy promotion provide
developmentally appropriate books and
recommendations to parents to encourage them to
read aloud to their children starting in
infancy; and
(C) programs that provide high-quality
books on a regular basis to children and
adolescents from disadvantaged communities to
increase reading motivation, performance, and
frequency.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency in which 20
percent or more of the students served by the
local educational agency are from families with
an income below the poverty line;
(B) a consortium of such local educational
agencies; or
(C) an eligible national nonprofit
organization.
(2) Eligible national nonprofit organization.--The
term ``eligible national nonprofit organization'' means
an organization of national scope that--
(A) is supported by staff, which may
include volunteers, or affiliates at the State
and local levels; and
(B) demonstrates effectiveness or high-
quality plans for addressing childhood literacy
activities for the population targeted by the
grant.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2016 through 2021.
PART I--EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS
SEC. 5901. PURPOSES; DEFINITIONS.
(a) Purposes.--The purposes of this part are to assist
States with--
(1) more efficiently using existing Federal
resources to improve, strengthen, and expand existing
high-quality early childhood education, as determined
by the State;
(2) coordinating existing funding streams and
delivery models to promote--
(A) program quality, while maintaining
services;
(B) parental choice among high-quality
early childhood education program providers;
and
(C) early care and learning access for
children from birth to kindergarten entry; and
(3) improving access for children from low-income
families to high-quality early childhood education
programs in order to enhance school readiness.
(b) Definitions.--In this part:
(1) Center of excellence.--The term ``Center of
Excellence'' means a local public or private nonprofit
agency, including a community-based or faith-based
organization, or a for-profit agency, within a
community, that provides early learning and care
services in the State, including the use of best
practices for--
(A) achieving school readiness, including
the development of early literacy and
mathematics skills;
(B) acquisition of English language skills;
and
(C) providing high-quality comprehensive
services for eligible children and their
families.
(2) Eligible child.--The term ``eligible child''
means an individual--
(A) who is less than 6 years of age; and
(B) whose family income does not exceed--
(i) 200 percent of the poverty
line;
(ii) 85 percent of the State median
income for a family of the same size,
and whose family assets do not exceed
$1,000,000 (as certified by a member of
such family); or
(iii) a State-determined threshold
for eligibility that does not exceed
the thresholds in clauses (i) and (ii).
(3) Eligible partnership.--The term ``eligible
partnership'' means a partnership that, at a minimum,
includes, as applicable and appropriate, the State
Advisory Council on Early Childhood Education and Care
established under section 642B(b) of the Head Start
Act, and all of the following partners, which may be
represented on the Council:
(A) One or more public and private
(including nonprofit or for-profit) providers
of early childhood education that serve
eligible children residing in the State and
meet applicable standards of licensing and
quality as determined by the State.
(B) One or more Head Start agencies, which
may include Early Head Start, migrant and
seasonal Head Start, and Indian Head Start
agencies that serve eligible children residing
in the State.
(C) The State educational agency.
(D) Other relevant State agencies with
oversight of preschool, early education, and
child care in the State.
(E) One or more local educational agencies
in the State.
(F) One or more institutions of higher
education in the State.
(G) One or more representatives of business
in the State.
(4) Institution of higher education.--The term
``institution of higher education'' has the meanings
given the term in section 101 and subparagraphs (A) and
(B) of section 102(a)(1) of the Higher Education Act of
1965.
(5) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts made available under
section 5903, the Secretary, in consultation with the
Secretary of Health and Human Services, shall award
grants, on a competitive basis, to States to enable the
States to carry out the activities described in
subsection (d).
(2) Reservation for states serving rural areas.--
From the amounts appropriated under section 5903 for a
fiscal year, the Secretary shall reserve not less than
30 percent for grants to States that propose to carry
out the activities described in subsection (d) for
eligible children living in rural areas. The Secretary
shall reduce the amount described in the preceding
sentence if the Secretary does not receive a sufficient
number of applications that are deserving of a grant
under this part for such purpose.
(3) Priority.--In awarding grants under this
section, the Secretary shall give priority to a State
that will use funds under this grant to focus on
eligible children--
(A) who are 3 and 4 years of age; and
(B) whose family income does not exceed 130
percent of the poverty line.
(4) Duration of grants.--A grant awarded under this
section shall be for a period of not more than 3 years
and may not be renewed by the Secretary.
(5) Limitation.--
(A) In general.--Except as provided in
subparagraph (B), a State may receive a grant
under this section only once.
(B) Exception.--Notwithstanding
subparagraph (A), a State may receive more than
1 grant under this section only--
(i) if the State is proposing, for
such additional grants, to carry out
activities for eligible children living
in rural areas; or
(ii) after all States, which meet
the requirements and have submitted an
application under this section, have
received a grant, to the extent that
funds for a grant are still available.
(6) Equitable distribution.--To the extent
practicable, the Secretary shall ensure an equitable
geographic distribution of grants under this section.
(b) State Requirements.--
(1) Lead agency.--
(A) Designation.--A State desiring a grant
under this section shall designate an agency
(which may be an appropriate collaborative
agency) or establish a joint interagency
office, that complies with the requirements of
subparagraph (B), to serve as a lead agency for
the State under this section.
(B) Duties.--The lead agency designated
under subparagraph (A) shall--
(i) administer, directly or through
other governmental or nongovernmental
agencies, the Federal assistance
received under this section by the
State;
(ii) develop the application
submitted to the Secretary under
subsection (c); and
(iii) coordinate the provision of
activities under this section with
existing Federal, State, and local
early childhood education programs.
(2) Partners.--In order to be eligible for a grant
under this section, a State shall partner with an
eligible partnership.
(3) Matching requirement.--Each State that receives
a grant under this part shall provide from Federal or
non-Federal sources (which may be provided in cash or
in-kind) to carry out the activities supported by the
grant, an amount equal to--
(A) 30 percent of the amount of the grant
in the first year of such grant; and
(B) not less than 30 percent of the amount
of the grant in the second and third year of
such grant, respectively.
(c) Applications.--A State desiring a grant under this
section shall submit an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require. The application shall include--
(1) an identification of the lead agency that the
Governor of the State has appointed to be responsible
for the grant under this section;
(2) a description of the eligible partnership
required under subsection (b)(2), which will assist the
State in developing the plan and implementing the
activities under this part;
(3) to the extent practicable, the unduplicated
counts of the number of eligible children served using
existing Federal, State, and local resources and
programs that the State will coordinate to meet the
purposes of this part, including--
(A) programs carried out under the Head
Start Act, including the Early Head Start
programs carried out under such Act;
(B) programs carried out under section 619
and parts B and C of the Individuals with
Disabilities Education Act;
(C) child care programs carried out under
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.) or section 418
of the Social Security Act (42 U.S.C. 618);
(D) other Federal, State, local, and Indian
tribe or tribal organization programs of early
learning, childhood education, child care, and
development in the State; and
(E) as applicable--
(i) programs carried out under
other provisions of this Act;
(ii) programs carried out under
subtitle A of title XX of the Social
Security Act (42 U.S.C. 1397 et seq.);
(iii) programs carried out under
the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.);
(iv) programs serving homeless
children and services of local
educational agency liaisons for
homeless children and youths designated
under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11432(g)(1)(J)(ii));
(v) State agencies and programs
serving children in foster care and the
foster families of such children; and
(vi) child care programs funded
through State veterans affairs offices;
(4) a description of how the State proposes to
coordinate such resources and programs identified under
paragraph (3) in order to meet the purposes of this
part;
(5) a description of how the State will identify
early childhood education program providers that
demonstrate a high level of quality;
(6) a description of how the State will define
eligible children, in accordance with section
5901(b)(2);
(7) a description of how the State will expand
access to existing high-quality early learning and care
for eligible children in the State, or if no high-
quality early learning and care is accessible for
eligible children, expand access to high-quality early
learning and care for such children;
(8) in the case of a State that has elected to use
funds under this section to designate Centers of
Excellence--
(A) assurances that the State will
designate an entity, such as an agency, an
institution of higher education, a consortium
of local educational agencies or Head Start
centers, or another entity, to designate early
childhood education programs as Centers of
Excellence;
(B) assurances that the designee will meet
the definition of a Center of Excellence;
(C) descriptions of the process by which an
entity that carries out an early childhood
education program would be designated as a
Center of Excellence, including evidence that
the early childhood education program involved
has demonstrated excellence in program delivery
in a manner designed to improve the school
readiness of children who have participated in
the program; and
(D) descriptions of how the State will
assist Centers of Excellence in the
dissemination of best practices;
(9) an assurance that the State will provide
technical assistance to partners on methods by which
Federal and State early learning and care funding can
be coordinated and lead to cost-saving and efficiencies
strategies, and other methods that will enhance the
quality of the early childhood education programs in
the State;
(10) a description of how the State will sustain
early learning and care activities coordinated under
this section, including for rural areas in the State,
if applicable, once grant funding is no longer
available under this section;
(11) a description of the process that the State
proposes to use to collect and disseminate, to parents
and the general public, consumer information that will
promote informed early learning and care choices in the
State;
(12) a description of how the State will serve
eligible children residing in rural areas, if
applicable; and
(13) an assurance that funds made available under
this part shall be used to supplement, and not
supplant, any other Federal, State, or local funds that
would otherwise be available to carry out the
activities assisted under this part.
(d) Use of Funds.--
(1) In general.--A State that receives a grant
under this part shall use the grant funds to develop,
implement, or improve a coordinated statewide or
locally implemented system of voluntary early care and
learning, which includes a plan--
(A) for coordinating funding available
through existing Federal, State, and local
sources; and
(B) which is designed in collaboration with
an eligible partnership.
(2) Authorized activities.--Grant funds under this
section may be used for the following:
(A) Aligning existing Federal, State, and
local funding and resources with a statewide or
locally designed system for delivering high-
quality early learning and care for eligible
children in the State, including developing
evidence-based practices to improve staff
quality, instructional programming, and time in
program.
(B) Analyzing needs for expanded access to
existing high-quality early childhood education
programs in the State, including child care,
preschool, and Early Head Start, Head Start,
and special education for all children,
particularly low-income children.
(C) Developing or expanding eligible
partnerships to--
(i) expand access for eligible
children to existing high-quality
providers or programs or, if no high-
quality early learning and care is
accessible for eligible children,
expand access to high-quality early
learning and care for eligible
children;
(ii) share best practices; and
(iii) ensure that parents have
maximum choices in selecting the
providers that meet their individual
needs, consistent with State and local
laws.
(D) Developing or expanding Centers of
Excellence for the purposes of--
(i) disseminating best practices
for achieving early academic success in
the State, including best practices
for--
(I) achieving school
readiness, including developing
early literacy and mathematics
skills;
(II) the acquisition of the
English language for English
learners; or
(III) providing high-
quality comprehensive services
to low-income and at-risk
children and their families;
(ii) coordinating early education,
child care, and other social services
available in the State and local
communities for low-income and at-risk
children and families; or
(iii) providing effective
transitions between preschool programs
and elementary schools, including by
facilitating ongoing communication
between early education and elementary
school teachers and by improving the
ability of teachers to work effectively
with low-income and at-risk children
and their families.
(E) Expanding existing high-quality early
education and care for infants and toddlers, or
if no high-quality early education and care is
accessible for infants and toddlers, expand
access to high quality education and care.
(F) Carrying out other strategies
determined by the State to improve access to
and expand the overall quality of a coordinated
State or locally designed system of voluntary
early learning and care services in the State.
(3) Priority.--The activities implemented by a
State under this subsection shall prioritize parental
choice of providers and evidence-based practices for
improving early learning program quality and access to
the extent permitted under State and local law.
(e) Reporting.--A State that receives a grant under this
part shall submit to the Secretary, at such time and in such
manner as the Secretary may reasonably require, an annual
report that includes--
(1) the number and percentage of children who are
served in high-quality early childhood education
programs, as identified by the State, during each year
of the grant duration using funds from--
(A) only this part, as applicable;
(B) the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) or
section 418 of the Social Security Act (42
U.S.C. 618);
(C) the Head Start Act; and
(D) other public and private providers, as
applicable;
(2) the quality improvements undertaken at the
State level;
(3) the extent to which funds are being blended
with other public and private funding; and
(4) any other ways in which funds are used to meet
the purposes of this part.
(f) Report to Congress.--The Secretary, in consultation
with the Secretary of Health and Human Services, shall prepare
and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a biennial report
containing the information described in subsection (e) for all
States receiving funds under this part.
(g) Limitations on Federal Interference.--Nothing in this
part shall be construed to authorize the Secretary to establish
any criterion that specifies, defines, or prescribes--
(1) early learning and development guidelines,
standards, or specific assessments, including the
standards or measures that States use to develop,
implement, or improve such guidelines, standards, or
assessments;
(2) specific measures or indicators of quality
early learning and care, including--
(A) the systems that States use to assess
the quality of early childhood education
programs and providers, school readiness, and
achievement; and
(B) the term ``high-quality'' early
learning or care;
(3) early learning or preschool curriculum, program
of instruction, or instructional content;
(4) teacher and staff qualifications and salaries;
(5) class sizes and child-to-instructional staff
ratios; and
(6) any aspect or parameter of a teacher,
principal, other school leader, or staff evaluation
system within a State or local educational agency.
SEC. 5903. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.
* * * * * * *
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
SEC. 6001. PURPOSES.
The purposes of this title are--
(1) to support State and local innovation in
preparing all students to meet challenging State
academic standards under section 1111(b);
(2) to provide States and local educational
agencies with maximum flexibility in using Federal
funds provided under this Act; and
(3) to support education in rural areas.
PART A--IMPROVING ACADEMIC ACHIEVEMENT
[Subpart 1--Accountability]
[SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
[The Secretary shall make grants to States to enable the
States--
[(1) to pay the costs of the development of the
additional State assessments and standards required by
section 1111(b), which may include the costs of working
in voluntary partnerships with other States, at the
sole discretion of each such State; and
[(2) if a State has developed the assessments and
standards required by section 1111(b), to administer
those assessments or to carry out other activities
described in this subpart and other activities related
to ensuring that the State's schools and local
educational agencies are held accountable for results,
such as the following:
[(A) Developing challenging State academic
content and student academic achievement
standards and aligned assessments in academic
subjects for which standards and assessments
are not required by section 1111(b).
[(B) Developing or improving assessments of
English language proficiency necessary to
comply with section 1111(b)(7).
[(C) Ensuring the continued validity and
reliability of State assessments.
[(D) Refining State assessments to ensure
their continued alignment with the State's
academic content standards and to improve the
alignment of curricula and instructional
materials.
[(E) Developing multiple measures to
increase the reliability and validity of State
assessment systems.
[(F) Strengthening the capacity of local
educational agencies and schools to provide all
students the opportunity to increase
educational achievement, including carrying out
professional development activities aligned
with State student academic achievement
standards and assessments.
[(G) Expanding the range of accommodations
available to students with limited English
proficiency and students with disabilities to
improve the rates of inclusion of such
students, including professional development
activities aligned with State academic
achievement standards and assessments.
[(H) Improving the dissemination of
information on student achievement and school
performance to parents and the community,
including the development of information and
reporting systems designed to identify best
educational practices based on scientifically
based research or to assist in linking records
of student achievement, length of enrollment,
and graduation over time.]
[SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.
[(a) Grant Program Authorized.--From funds made available
to carry out this subpart, the Secretary shall award, on a
competitive basis, grants to State educational agencies that
have submitted an application at such time, in such manner, and
containing such information as the Secretary may require, which
demonstrate to the satisfaction of the Secretary, that the
requirements of this section will be met, for the following:
[(1) To enable States (or consortia of States) to
collaborate with institutions of higher education,
other research institutions, or other organizations to
improve the quality, validity, and reliability of State
academic assessments beyond the requirements for such
assessments described in section 1111(b)(3).
[(2) To measure student academic achievement using
multiple measures of student academic achievement from
multiple sources.
[(3) To chart student progress over time.
[(4) To evaluate student academic achievement
through the development of comprehensive academic
assessment instruments, such as performance and
technology-based academic assessments.
[(b) Application.--Each State wishing to apply for funds
under this section shall include in its State plan under part A
of title I such information as the Secretary may require.
[(c) Annual Report.--Each State educational agency
receiving a grant under this section shall submit an annual
report to the Secretary describing its activities, and the
result of those activities, under the grant.
[SEC. 6113. 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 2002, 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 $490,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(b) Allotment of Appropriated Funds.--
[(1) In general.--From amounts made available for
each fiscal year under subsection (a)(2) that are equal
to or less than the amount described in section
1111(b)(3)(D) (hereinafter in this subsection referred
to as the ``trigger amount''), the Secretary shall--
[(A) reserve one-half of 1 percent for the
Bureau of Indian Affairs;
[(B) reserve one-half of 1 percent for the
outlying areas; and
[(C) from the remainder, allocate to each
State an amount equal to--
[(i) $3,000,000; and
[(ii) with respect to any amounts
remaining after the allocation is made
under clause (i), an amount that bears
the same relationship to such total
remaining amounts as the number of
students ages 5 through 17 in the State
(as determined by the Secretary on the
basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
[(2) Remainder.--Any amounts remaining for a fiscal
year after the Secretary carries out paragraph (1)
shall be made available as follows:
[(A)(i) To award funds under section 6112
to States according to the quality, needs, and
scope of the State application under that
section.
[(ii) In determining the grant amount under
clause (i), the Secretary shall ensure that a
State's grant shall include an amount that
bears the same relationship to the total funds
available under this paragraph for the fiscal
year as the number of students ages 5 through
17 in the State (as determined by the Secretary
on the basis of the most recent satisfactory
data) bears to the total number of such
students in all States.
[(B) Any amounts remaining after the
Secretary awards funds under subparagraph (A)
shall be allocated to each State that did not
receive a grant under such subparagraph, in an
amount that bears the same relationship to the
total funds available under this subparagraph
as the number of students ages 5 through 17 in
the State (as determined by the Secretary on
the basis of the most recent satisfactory data)
bears to the total number of such students in
all States.
[(c) State Defined.--In this section, the term ``State''
means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.]
* * * * * * *
Subpart [2]1--Funding Transferability for State and Local Educational
Agencies
SEC. [6121]6111. SHORT TITLE.
* * *
SEC. [6122]6112. PURPOSE.
The purpose of this subpart is to allow States and local
educational agencies the flexibility--
(1) * * *
* * * * * * *
SEC. [6123]6113. TRANSFERABILITY OF FUNDS.
(a) Transfers by States.--
(1) In general.-- In accordance with this subpart,
a State may transfer [not more than 50 percent of the
nonadministrative State funds]all, or any lesser
amount, of State funds (including funds transferred
under paragraph (2)) allotted to the State for use for
State-level activities under the following provisions
for a fiscal year to one or more of the State's
allotments for such fiscal year under any other of such
provisions:
[(A) Section 2113(a)(3).
[(B) Section 2412(a)(1).
[(C) Subsections (a)(1) (with the agreement
of the Governor) and (c)(1) of section 4112 and
section 4202(c)(3).
[(D) Section 5112(b).]
(A) Part A of title II.
(B) Part A of title IV.
(C) Part G of title V.
(2) Additional funds for title i.--In accordance
with this subpart [and subject to the 50 percent
limitation described in paragraph (1)], a State may
transfer any funds allotted to the State under a
provision listed in paragraph (1) to its allotment
under title I.
(b) Transfers by Local Educational Agencies.--
(1) Authority to transfer funds.--
(A) In general.--In accordance with this
subpart, a local educational agency [(except a
local educational agency identified for
improvement under section 1116(c) or subject to
corrective action under section 1116(c)(9)) may
transfer not more than 50 percent of the funds
allocated to it (including funds transferred
under subparagraph (C))]may transfer all, or
any lesser amount, of the funds allocated to it
under each of the provisions listed in
paragraph (2) for a fiscal year to one or more
of its allocations for such fiscal year under
any other provision listed in paragraph (2).
[(B) Agencies identified for improvement.--
In accordance with this subpart, a local
educational agency identified for improvement
under section 1116(c) may transfer not more
than 30 percent of the funds allocated to it
(including funds transferred under subparagraph
(C)) under each of the provisions listed in
paragraph (2) for a fiscal year--
[(i) to its allocation for school
improvement for such fiscal year under
section 1003; or
[(ii) to any other allocation for
such fiscal year if such transferred
funds are used only for local
educational agency improvement
activities consistent with section
1116(c).]
[(C)](B) Additional funds for title I.--In
accordance with this subpart[and subject to the
percentage limitation described in subparagraph
(A) or (B), as applicable], a local educational
agency may transfer funds allocated to such
agency under any of the provisions listed in
paragraph (2) for a fiscal year to its
allocation for part A of title I for that
fiscal year.
(2) Applicable provisions.--A local educational
agency may transfer funds under [subparagraph (A), (B),
or (C)]subparagraph (A) or (B) of paragraph (1) from
allocations made under each of the following
provisions:
[(A) Section 2121.
[(B) Section 2412(a)(2)(A).
[(C) Section 4112(b)(1).
[(D) Section 5112(a).]
(A) Part A of title II.
(B) Part A of title IV.
(C) Part G of title V.
(c) No Transfer of Title I Funds.-- * * *
* * * * * * *
Subpart 2--Weighted Student Funding Flexibility Pilot Program
SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY PILOT PROGRAM.
(a) Purpose.--The purpose of the pilot program under this
section is to provide local educational agencies with
flexibility to consolidate Federal, State, and local funding in
order to create a single school funding system based on
weighted per pupil allocations for low-income and otherwise
disadvantaged students.
(b) Authority.--The Secretary may, on a competitive basis,
enter into local flexibility demonstration agreements--
(1) for not more than 2 years with local
educational agencies that are selected under subsection
(c) and submit proposed agreements that meet the
requirements of subsection (d); and
(2) under which such agencies may consolidate and
use funds in accordance with subsection (d) in order to
develop and implement a school funding system based on
weighted per pupil allocations for low-income and
otherwise disadvantaged students.
(c) Selection of Local Educational Agencies.--
(1) In general.--The Secretary may enter into local
flexibility demonstration agreements with not more than
25 local educational agencies, reflecting the size and
geographic diversity of all such agencies nationwide to
the maximum extent feasible.
(2) Selection.--Each local educational agency shall
be selected on a competitive basis from among those
local educational agencies that--
(A) submit a proposed local flexibility
demonstration agreement under subsection (d) to
the Secretary;
(B) demonstrate to the satisfaction of the
Secretary that the agreement meets the
requirements of subsection (d); and
(C) agree to meet the continued
demonstration requirements under subsection
(e).
(d) Required Terms of Local Flexibility Demonstration
Agreement.--
(1) Application.--Each local educational agency
that desires to participate in the pilot program under
this section shall submit, at such time, in such form,
and including such information as the Secretary may
prescribe, an application to enter into a local
flexibility demonstration agreement with the Secretary
in order to develop and implement a school funding
system based on weighted per pupil allocations that
meets the requirements of this section, including--
(A) a description of the school funding
system based on weighted per pupil allocations,
including how the system will meet the
requirements under paragraph (2);
(B) a list of funding sources, including
eligible Federal funds the local educational
agency will include in such system;
(C) a description of the amount and
percentage of total local educational agency
funding, including State, local, and eligible
Federal funds, that will be allocated through
such system;
(D) the per-pupil expenditures (including
actual personnel expenditures, including staff
salary differentials for years of employment,
and actual nonpersonnel expenditures) of State
and local funds for each school served by the
agency for the preceding fiscal year;
(E) the per-pupil amount of eligible
Federal funds each school served by the agency,
disaggregated by program, received in the
preceding fiscal year;
(F) a description of how the system will
continue to ensure that any eligible Federal
funds allocated through the system will
continue to meet the purposes of each Federal
funding stream, including serving students from
low-income families, English learners,
migratory children, and children who are
neglected, delinquent, or at risk, as
applicable;
(G) a description of how the local
educational agency will develop and employ a
weighted student funding system to support
public elementary schools and secondary schools
in order to improve the academic achievement of
students, including low-income students, the
lowest achieving students, English learners,
and students with disabilities;
(H) an assurance that the local educational
agency developed and will implement the local
flexibility demonstration agreement in
consultation with teachers, principals, other
school leaders, administrators of Federal
programs impacted by the agreement, parents,
civil rights leaders, and other relevant
stakeholders;
(I) an assurance that the local educational
agency will use fiscal control and sound
accountability procedures that ensure proper
disbursement of, and accounting for, eligible
Federal funds consolidated and used under such
system;
(J) an assurance that the local educational
agency will continue to meet the fiscal
provisions in section 1117; and
(K) an assurance that the local educational
agency will meet the requirements of all
applicable Federal civil rights laws in
carrying out the agreement and in consolidating
and using funds under the agreement.
(2) Requirements of system.--A local educational
agency's school funding system based on weighted per
pupil allocations shall meet each of the following
requirements:
(A) The system shall--
(i) allocate a significant portion
of funds, including State, local, and
eligible Federal funds, to the school
level through a formula that determines
per-pupil weighted amounts based on
individual student characteristics;
(ii) use weights or allocation
amounts that allocate substantially
more funding to students from low-
income families and English learners
than to other students; and
(iii) demonstrate to the Secretary,
that each high-poverty school received
at least as much total per-pupil
funding, including from Federal, State,
and local sources, for low-income
students and at least as much total
per-pupil funding, including from
Federal, State, and local sources, for
English learners as the school received
in the year prior to carrying out the
pilot program.
(B) The system shall be used to allocate a
significant portion, including all school level
personnel expenditures for instructional staff
and nonpersonnel expenditures, but not less
than 65 percent, of all the local educational
agency's local and State funds to schools.
(C) After allocating funds through the
school funding system, the local educational
agency shall charge schools for the per-pupil
expenditures of Federal, State, and local
funds, including actual personnel expenditures
for instructional staff and actual nonpersonnel
expenditures.
(D) The system may include weights or
allocation amounts according to other
characteristics.
(e) Continued Demonstration.--Each local educational agency
that is selected to participate in the pilot program under this
section shall annually--
(1) demonstrate to the Secretary, that no high-
poverty school served by the agency received less total
per-pupil funding, including from Federal, State, and
local sources, for low-income students or less total
per-pupil funding, including from Federal, State, and
local sources, for English learners than the school
received in the previous year;
(2) make public and report to the Secretary the
per-pupil expenditures (including actual personnel
expenditures that include staff salary differentials
for years of employment, and actual non-personnel
expenditures) of State, local, and Federal funds for
each school served by the agency, and disaggregated by
student poverty quartile and by minority student
quartile for the preceding fiscal year; and
(3) make public the total number of students
enrolled in each school served by the agency and the
number of students enrolled in each such school
disaggregated by each of the categories of students, as
defined in section 1111(b)(3)(A).
(f) Eligible Federal Funds.--In this section, the term
``eligible Federal funds'' means funds received by a local
educational agency under titles I, II, III, and IV of this Act.
(g) Limitations on Administrative Expenditures.--Each local
educational agency that has entered into a local flexibility
demonstration agreement with the Secretary under this section
may use, for administrative purposes, from eligible Federal
funds not more than the percentage of funds allowed for such
purpose under any of titles I, II, III, or IV.
(h) Peer Review.--The Secretary may establish a peer-review
process to assist in the review of a proposed local flexibility
demonstration agreement.
(i) Noncompliance.--The Secretary may, after providing
notice and an opportunity for a hearing (including the
opportunity to provide information as provided for in
subsection (j)), terminate a local flexibility demonstration
agreement under this section if there is evidence that the
local educational agency has failed to comply with the terms of
the agreement and the requirements under subsections (d) and
(e).
(j) Evidence.--If a local educational agency believes that
the Secretary's determination under subsection (i) is in error
for statistical or other substantive reasons, the local
educational agency may provide supporting evidence to the
Secretary, and the Secretary shall consider that evidence
before making a final termination determination.
(k) Program Evaluation.--From the amount reserved for
evaluation activities in section 9601, the Secretary, acting
through the Director of the Institute of Education Sciences,
shall, in consultation with the relevant program office at the
Department, evaluate the implementation and impact of the local
flexibility demonstration agreements under this section,
consistent with section 9601 and specifically on improving the
equitable distribution of State and local funding and
increasing student achievement.
(l) Renewal of Local Flexibility Demonstration Agreement.--
The Secretary may renew for additional 3-year terms a local
flexibility demonstration agreement under this section if--
(1) the local educational agency has met the
requirements under subsections (d)(2) and (e) and
agrees to and has a high likelihood of continuing to
meet such requirements; and
(2) the Secretary determines that renewing the
local flexibility demonstration agreement is in the
interest of students served under titles I and III,
including students from low-income families, English
learners, migratory children, and children who are
neglected, delinquent, or at risk.
(m) Definition of High-poverty School.--In this section,
the term ``high-poverty school'' means a school that is in the
highest 2 quartiles of schools served by a local educational
agency, based on the percentage of enrolled students from low-
income families.
[Subpart 3--State and Local Flexibility Demonstration]
[SEC. 6131. SHORT TITLE.
[This subpart may be cited as the ``State and Local
Flexibility Demonstration Act''.]
[SEC. 6132. PURPOSE.
[The purpose of this subpart is to create options for
selected State educational agencies and local educational
agencies--
[(1) to improve the academic achievement of all
students, and to focus the resources of the Federal
Government upon such achievement;
[(2) to improve teacher quality and subject matter
mastery, especially in mathematics, reading, and
science;
[(3) to better empower parents, educators,
administrators, and schools to effectively address the
needs of their children and students;
[(4) to give participating State educational
agencies and local educational agencies greater
flexibility in determining how to increase their
students' academic achievement and implement education
reforms in their schools;
[(5) to eliminate barriers to implementing
effective State and local education reform, while
preserving the goals of opportunity for all students
and accountability for student progress;
[(6) to hold participating State educational
agencies and local educational agencies accountable for
increasing the academic achievement of all students,
especially disadvantaged students; and
[(7) to narrow achievement gaps between the lowest
and highest achieving groups of students so that no
child is left behind.]
[SEC. 6133. GENERAL PROVISION.
[For purposes of this subpart, any State that is one local
educational agency shall be considered a State educational
agency and not a local educational agency.]
[CHAPTER A--STATE FLEXIBILITY AUTHORITY]
[SEC. 6141. STATE FLEXIBILITY.
[(a) Flexibility Authority.--Except as otherwise provided
in this chapter, the Secretary shall, on a competitive basis,
grant flexibility authority to not more than seven eligible
State educational agencies, under which the agencies may
consolidate and use funds in accordance with section 6142.
[(b) Definitions.--In this chapter:
[(1) Eligible state educational agency.--The term
``eligible State educational agency'' means a State
educational agency that--
[(A) submits an approvable application
under subsection (c); and
[(B) proposes performance agreements--
[(i) that shall be entered into
with not fewer than 4, and not more
than 10, local educational agencies;
[(ii) not fewer than half of which
shall be entered into with high-poverty
local educational agencies; and
[(iii) that require the local
educational agencies described in
clause (i) to align their use of
consolidated funds under section 6152
with the State educational agency's use
of consolidated funds under section
6142.
[(2) High-poverty local educational agency.--The
term ``high-poverty local educational agency'' means a
local educational agency for which 20 percent or more
of the children who are age 5 through 17, and served by
the local educational agency, are from families with
incomes below the poverty line.
[(c) State Applications.--
[(1) Applications.--To be eligible to receive
flexibility authority under this chapter, a State
educational agency shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require,
including--
[(A) information demonstrating, to the
satisfaction of the Secretary, that the grant
of authority offers substantial promise of--
[(i) assisting the State
educational agency in making adequate
yearly progress, as defined under
section 1111(b)(2); and
[(ii) aligning State and local
reforms and assisting the local
educational agencies that enter into
performance agreements with the State
educational agency under paragraph (2)
in making such adequate yearly
progress;
[(B) the performance agreements that the
State educational agency proposes to enter into
with eligible local educational agencies under
paragraph (2);
[(C) information demonstrating that the
State educational agency has consulted with and
involved parents, representatives of local
educational agencies, and other educators in
the development of the terms of the grant of
authority;
[(D) a provision specifying that the grant
of flexibility authority shall be for a term of
not more than 5 years;
[(E) a list of the programs described in
section 6142(b) that are included in the scope
of the grant of authority;
[(F) a provision specifying that no
requirements of any program described in
section 6142(b) and included by a State
educational agency in the scope of the grant of
authority shall apply to that agency, except as
otherwise provided in this chapter;
[(G) a 5-year plan describing how the State
educational agency intends to consolidate and
use the funds from programs included in the
scope of the grant of authority, for any
educational purpose authorized under this Act,
in order to make adequate yearly progress and
advance the education priorities of the State
and the local educational agencies with which
the State educational agency enters into
performance agreements;
[(H) an assurance that the State
educational agency will provide parents,
teachers, and representatives of local
educational agencies and schools with notice
and an opportunity to comment on the proposed
terms of the grant of authority;
[(I) an assurance that the State
educational agency, and the local educational
agencies with which the State educational
agency enters into performance agreements, will
use fiscal control and fund accounting
procedures that will ensure proper disbursement
of, and accounting for, Federal funds
consolidated and used under the grant of
authority;
[J) an assurance that the State educational
agency, and the local educational agencies with
which the State educational agency enters into
performance agreements, will meet the
requirements of all applicable Federal civil
rights laws in carrying out the grant of
authority, including consolidating and using
funds under the grant of authority;
[(K) an assurance that, in consolidating
and using funds under the grant of authority--
[(i) the State educational agency,
and the local educational agencies with
which the State educational agency
enters into performance agreements,
will provide for the equitable
participation of students and
professional staff in private schools
consistent with section 9501; and
[(ii) that sections 9502, 9503, and
9504 shall apply to all services and
assistance provided with such funds in
the same manner as such sections apply
to services and assistance provided in
accordance with section 9501;
[(L) an assurance that the State
educational agency will, for the duration of
the grant of authority, use funds consolidated
under section 6142 only to supplement the
amount of funds that would, in the absence of
those Federal funds, be made available from
non-Federal sources for the education of
students participating in programs assisted
with the consolidated funds, and not to
supplant those funds; and
[(M) an assurance that the State
educational agency shall, not later than 1 year
after the date on which the Secretary makes the
grant of authority, and annually thereafter
during the term of the grant of authority,
disseminate widely to parents and the general
public, transmit to the Secretary, distribute
to print and broadcast media, and post on the
Internet, a report, which shall include a
detailed description of how the State
educational agency, and the local educational
agencies with which the State educational
agency enters into performance agreements, used
the funds consolidated under the grant of
authority to make adequate yearly progress and
advance the education priorities of the State
and local educational agencies in the State.
[(2) Proposed performance agreements with local
educational agencies.--
[(A) In general.--A State educational
agency that wishes to receive flexibility
authority under this subpart shall propose
performance agreements that meet the
requirements of clauses (i) and (ii) of
subsection (b)(1)(B) (subject to approval of
the application or amendment involved under
subsection (d) or (e)).
[(B) Performance agreements.--Each proposed
performance agreement with a local educational
agency shall--
[(i) contain plans for the local
educational agency to consolidate and
use funds in accordance with section
6152, for activities that are aligned
with the State educational agency's
plan described in paragraph (1)(G);
[(ii) be subject to the
requirements of chapter B relating to
agreements between the Secretary and a
local educational agency, except--
[(I) that, as appropriate,
references in that chapter to
the Secretary shall be deemed
to be references to the State
educational agency; and
[(II) as otherwise provided
in this chapter; and
[(iii) contain an assurance that
the local educational agency will, for
the duration of the grant of authority,
use funds consolidated under section
6152 only to supplement the amount of
funds that would, in the absence of
those Federal funds, be made available
from non-Federal sources for the
education of students participating in
programs assisted with the consolidated
funds, and not to supplant those funds.
[(d) Approval and Selection.--The Secretary shall--
[(1) establish a peer review process to assist in
the review of proposed State applications under this
section; and
[(2) appoint individuals to participate in the peer
review process who are--
[(A) representative of parents, teachers,
State educational agencies, and local
educational agencies; and
[(B) familiar with educational standards,
assessments, accountability, curricula,
instruction, and staff development, and other
diverse educational needs of students.
[(e) Amendment to Grant of Authority.--
[(1) In general.--Subject to paragraph (2), the
Secretary shall amend the grant of flexibility
authority made to a State educational agency under this
chapter, in each of the following circumstances:
[(A) Reduction in scope of the grant of
authority.--Not later than 1 year after
receiving a grant of flexibility authority, the
State educational agency seeks to amend the
grant of authority to remove from the scope of
the grant of authority any program described in
section 6142(b).
[(B) Expansion of scope of the grant of
authority.--Not later than 1 year after
receiving a grant of flexibility authority, the
State educational agency seeks to amend the
grant of authority to include in the scope of
the grant of authority any additional program
described in section 6142(b) or any additional
achievement indicators for which the State will
be held accountable.
[(C) Changes with respect to number of
performance agreements.--The State educational
agency seeks to amend the grant of authority to
include or remove performance agreements that
the State educational agency proposes to enter
into with eligible local educational agencies,
except that in no case may the State
educational agency enter into performance
agreements that do not meet the requirements of
clauses (i) and (ii) of subsection (b)(1)(B).
[(2) Approval and disapproval.--
[(A) Deemed approval.--A proposed amendment
to a grant of flexibility authority submitted
by a State educational agency pursuant to
paragraph (1) 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 proposed
amendment, that the proposed amendment is not
in compliance with this chapter.
[(B) Disapproval.--The Secretary shall not
finally disapprove the proposed amendment,
except after giving the State educational
agency notice and an opportunity for a hearing.
[(C) Notification.--If the Secretary finds
that the proposed amendment is not in
compliance, in whole or in part, with this
chapter, the Secretary shall--
[(i) give the State educational
agency notice and an opportunity for a
hearing; and
[(ii) notify the State educational
agency of the finding of noncompliance
and, in such notification, shall--
[(I) cite the specific
provisions in the proposed
amendment that are not in
compliance; and
[(II) request additional
information, only as to the
noncompliant provisions, needed
to make the proposed amendment
compliant.
[(D) Response.--If the State educational
agency responds to the Secretary's notification
described in subparagraph (C)(ii) during the
45-day period beginning on the date on which
the agency received the notification, and
resubmits the proposed amendment with the
requested information described in subparagraph
(C)(ii)(II), the Secretary shall approve or
disapprove such proposed amendment prior to the
later of--
[(i) the expiration of the 45-day
period beginning on the date on which
the proposed amendment is resubmitted;
or
[(ii) the expiration of the 120-day
period described in subparagraph (A).
[(E) Failure to respond.--If the State
educational agency does not respond to the
Secretary's notification described in
subparagraph (C)(ii) during the 45-day period
beginning on the date on which the agency
received the notification, such proposed
amendment shall be deemed to be disapproved.
[(3) Treatment of program funds withdrawn from
grant of authority.--Beginning on the effective date of
an amendment executed under paragraph (1)(A), each
program requirement of each program removed from the
scope of a grant of authority shall apply to the use of
funds made available under the program by the State
educational agency and each local educational agency
with which the State educational agency has a
performance agreement.]
[SEC. 6142. CONSOLIDATION AND USE OF FUNDS.
[(a) In General.--
[(1) Authority.--Under a grant of flexibility
authority made under this chapter, a State educational
agency may consolidate Federal funds described in
subsection (b) and made available to the agency, and
use such funds for any educational purpose authorized
under this Act.
[(2) Program requirements.--Except as otherwise
provided in this chapter, a State educational agency
may use funds under paragraph (1) notwithstanding the
program requirements of the program under which the
funds were made available to the State.
[(b) Eligible Funds and Programs.--
[(1) Funds.--The funds described in this subsection
are funds, for State-level activities and State
administration, that are described in the following
provisions:
[(A) Section 1004.
[(B) Paragraphs (4) and (5) of section
1202(d).
[(C) Section 2113(a)(3).
[(D) Section 2412(a)(1).
[(E) Subsections (a) (with the agreement of
the Governor), (b)(2), and (c)(1) of section
4112.
[(F) Paragraphs (2) and (3) of section
4202(c).
[(G) Section 5112(b).
[(2) Programs.--The programs described in this
subsection are the programs authorized to be carried
out with funds described in paragraph (1).
[(c) Special Rule.--A State educational agency that
receives a grant of flexibility authority under this chapter--
[(1) shall ensure that the funds described in
section 5112(a) are allocated to local educational
agencies in the State in accordance with section
5112(a); but
[(2) may specify how the local educational agencies
shall use the allocated funds.]
[SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.
[(a) Midterm Review.--
[(1) Failure to make adequate yearly progress.--If,
during the term of a grant of flexibility authority
under this chapter, a State educational agency fails to
make adequate yearly progress for 2 consecutive years,
the Secretary shall, after providing notice and an
opportunity for a hearing, terminate the grant of
authority promptly.
[(2) Noncompliance.--The Secretary may, after
providing notice and an opportunity for a hearing
(including the opportunity to provide evidence as
described in paragraph (3)), terminate a grant of
flexibility authority for a State if there is evidence
that the State educational agency involved has failed
to comply with the terms of the grant of authority.
[(3) Evidence.--If a State educational agency
believes that a determination of the Secretary under
this subsection is in error for statistical or other
substantive reasons, the State educational agency may
provide supporting evidence to the Secretary, and the
Secretary shall consider that evidence before making a
final termination determination under this subsection.
[(b) Final Review.--
[(1) In general.--If, at the end of the 5-year term
of a grant of flexibility authority made under this
chapter, the State educational agency has not met the
requirements described in section 6141(c), the
Secretary may not renew the grant of flexibility
authority under section 6144.
[(2) Compliance.--Beginning on the date on which
such term ends, the State educational agency, and the
local educational agencies with which the State
educational agency has entered into performance
agreements, shall be required to comply with each of
the program requirements in effect on such date for
each program that was included in the grant of
authority.]
[SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.
[(a) In General.--Except as provided in section 6143 and in
accordance with this section, if a State educational agency has
met, by the end of the original 5-year term of a grant of
flexibility authority under this chapter, the requirements
described in section 6141(c), the Secretary shall renew a grant
of flexibility authority for one additional 5-year term.
[(b) Renewal.--The Secretary may not renew a grant of
flexibility authority under this chapter unless, not later than
6 months before the end of the original term of the grant of
authority, the State educational agency seeking the renewal
notifies the Secretary, and the local educational agencies with
which the State educational agency has entered into performance
agreements, of the agency's intention to renew the grant of
authority.
[(c) Effective Date.--A renewal under this section shall be
effective on the later of--
[(1) the expiration of the original term of the
grant of authority; or
[(2) the date on which the State educational agency
seeking the renewal provides to the Secretary all data
required for the application described in section
6141(c).]
[CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]
[SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.
[(a) Authority.--Except as otherwise provided in this
chapter, the Secretary shall, on a competitive basis, enter
into local flexibility demonstration agreements--
[(1) with local educational agencies that submit
approvable proposed agreements under subsection (c) and
that are selected under subsection (b); and
[(2) under which those agencies may consolidate and
use funds in accordance with section 6152.
[(b) Selection of Local Educational Agencies.--
[(1) In general.--Subject to paragraph (2), the
Secretary shall enter into local flexibility
demonstration agreements under this chapter with not
more than 80 local educational agencies. Each local
educational agency shall be selected on a competitive
basis from among those local educational agencies
that--
[(A) submit a proposed local flexibility
demonstration agreement under subsection (c) to
the Secretary and demonstrate, to the
satisfaction of the Secretary, that the
agreement--
[(i) has a substantial promise of
assisting the local educational agency
in meeting the State's definition of
adequate yearly progress, advancing the
education priorities of the local
educational agency, meeting the general
purposes of the programs included under
this chapter and the purposes of this
part, improving student achievement,
and narrowing achievement gaps in
accordance with section 1111(b);
[(ii) meets the requirements of
this chapter; and
[(iii) contains a plan to
consolidate and use funds in accordance
with section 6152 in order to meet the
State's definition of adequate yearly
progress and the local educational
agency's specific, measurable goals for
improving student achievement and
narrowing achievement gaps; and
[(B) have consulted and involved parents
and other educators in the development of the
proposed local flexibility demonstration
agreement.
[(2) Geographic distribution.--
[(A) Initial agreements.--The Secretary may
enter into not more than three local
flexibility demonstration agreements under this
chapter with local educational agencies in each
State that does not have a grant of flexibility
authority under chapter A.
[(B) Urban and rural areas.--If more than
three local educational agencies in a State
submit approvable local flexibility
demonstration agreements under this chapter,
the Secretary shall select local educational
agencies with which to enter into such
agreements in a manner that ensures an
equitable distribution among such agencies
serving urban and rural areas.
[(C) Priority of states to enter into state
flexibility demonstration agreements.--
Notwithstanding any other provision of this
part, a local educational agency may not seek
to enter into a local flexibility demonstration
agreement under this chapter if that agency is
located in a State for which the State
educational agency--
[(i) has, not later than 4 months
after the date of enactment of the No
Child Left Behind Act of 2001, notified
the Secretary of its intent to apply
for a grant of flexibility authority
under chapter A and, within such period
of time as the Secretary may establish,
is provided with such authority by the
Secretary; or
[(ii) has, at any time after such
period, been granted flexibility
authority under chapter A.
[(c) Required Terms of Local Flexibility Demonstration
Agreement.--Each local flexibility demonstration agreement
entered into with the Secretary under this chapter shall
contain each of the following terms:
[(1) Duration.--The local flexibility demonstration
agreement shall be for a term of 5 years.
[(2) Application of program requirements.--The
local flexibility demonstration agreement shall provide
that no requirements of any program described in
section 6152 and included by a local educational agency
in the scope of its agreement shall apply to that
agency, except as otherwise provided in this chapter.
[(3) List of programs.--The local flexibility
demonstration agreement shall list which of the
programs described in section 6152 are included in the
scope of the agreement.
[(4) Use of funds to improve student achievement.--
The local flexibility demonstration agreement shall
contain a 5-year plan describing how the local
educational agency intends to consolidate and use the
funds from programs included in the scope of the
agreement for any educational purpose authorized under
this Act to advance the education priorities of the
local educational agency, meet the general purposes of
the included programs, improve student achievement, and
narrow achievement gaps in accordance with section
1111(b).
[(5) Local input.--The local flexibility
demonstration agreement shall contain an assurance that
the local educational agency will provide parents,
teachers, and representatives of schools with notice
and an opportunity to comment on the proposed terms of
the local flexibility demonstration agreement.
[(6) Fiscal responsibilities.--The local
flexibility demonstration agreement shall contain an
assurance that the local educational agency will use
fiscal control and fund accounting procedures that will
ensure proper disbursement of, and accounting for,
Federal funds consolidated and used under the
agreement.
[(7) Civil rights.--The local flexibility
demonstration agreement shall contain an assurance that
the local educational agency will meet the requirements
of all applicable Federal civil rights laws in carrying
out the agreement and in consolidating and using the
funds under the agreement.
[(8) Private school participation.--The local
flexibility demonstration agreement shall contain an
assurance that the local educational agency agrees that
in consolidating and using funds under the agreement--
[(A) the local educational agency, will
provide for the equitable participation of
students and professional staff in private
schools consistent with section 9501; and
[(B) that sections 9502, 9503, and 9504
shall apply to all services and assistance
provided with such funds in the same manner as
such sections apply to services and assistance
provided in accordance with section 9501.
[(9) Supplanting.--The local flexibility
demonstration agreement shall contain an assurance that
the local educational agency will, for the duration of
the grant of authority, use funds consolidated under
section 6152 only to supplement the amount of funds
that would, in the absence of those Federal funds, be
made available from non-Federal sources for the
education of students participating in programs
assisted with the consolidated funds, and not to
supplant those funds.
[(10) Annual reports.--The local flexibility
demonstration agreement shall contain an assurance that
the local educational agency shall, not later than 1
year after the date on which the Secretary enters into
the agreement, and annually thereafter during the term
of the agreement, disseminate widely to parents and the
general public, transmit to the Secretary, and the
State educational agency for the State in which the
local educational agency is located, distribute to
print and broadcast media, and post on the Internet, a
report that includes a detailed description of how the
local educational agency used the funds consolidated
under the agreement to improve student academic
achievement and reduce achievement gaps.
[(d) Peer Review.--The Secretary shall--
[(1) establish a peer review process to assist in
the review of proposed local flexibility demonstration
agreements under this chapter; and
[(2) appoint individuals to the peer review process
who are representative of parents, teachers, State
educational agencies, and local educational agencies,
and who are familiar with educational standards,
assessments, accountability, curriculum, instruction
and staff development, and other diverse educational
needs of students.
[(e) Amendment to Performance Agreement.--
[(1) In general.--In each of the following
circumstances, the Secretary shall amend a local
flexibility demonstration agreement entered into with a
local educational agency under this chapter:
[(A) Reduction in scope of local
flexibility demonstration agreement.--Not later
than 1 year after entering into a local
flexibility demonstration agreement, the local
educational agency seeks to amend the agreement
to remove from the scope any program described
in section 6152.
[(B) Expansion of scope of local
flexibility demonstration agreement.--Not later
than 1 year after entering into the local
flexibility demonstration agreement, a local
educational agency seeks to amend the agreement
to include in its scope any additional program
described in section 6251 or any additional
achievement indicators for which the local
educational agency will be held accountable.
[(2) Approval and disapproval.--
[(A) Deemed approval.--A proposed amendment
to a local flexibility demonstration agreement
pursuant to paragraph (1) 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
proposed amendment, that the proposed amendment
is not in compliance with this chapter.
[(B) Disapproval.--The Secretary shall not
finally disapprove the proposed amendment,
except after giving the local educational
agency notice and an opportunity for a hearing.
[(C) Notification.--If the Secretary finds
that the proposed amendment is not in
compliance, in whole or in part, with this
chapter, the Secretary shall--
[(i) give the local educational
agency notice and an opportunity for a
hearing; and
[(ii) notify the local educational
agency of the finding of noncompliance
and, in such notification, shall--
[(I) cite the specific
provisions in the proposed
amendment that are not in
compliance; and
[(II) request additional
information, only as to the
noncompliant provisions, needed
to make the proposed amendment
compliant.
[(D) Response.--If the local educational
agency responds to the Secretary's notification
described in subparagraph (C)(ii) during the
45-day period beginning on the date on which
the agency received the notification, and
resubmits the proposed amendment with the
requested information described in subparagraph
(C)(ii)(II), the Secretary shall approve or
disapprove such proposed amendment prior to the
later of--
[(i) the expiration of the 45-day
period beginning on the date on which
the proposed amendment is resubmitted;
or
[(ii) the expiration of the 120-day
period described in subparagraph (A).
[(E) Failure to respond.--If the local
educational agency does not respond to the
Secretary's notification described in
subparagraph (C)(ii) during the 45-day period
beginning on the date on which the agency
received the notification, such proposed
amendment shall be deemed to be disapproved.
[(3) Treatment of program funds withdrawn from
agreement.--Beginning on the effective date of an
amendment executed under paragraph (1)(A), each program
requirement of each program removed from the scope of a
local flexibility demonstration agreement shall apply
to the use of funds made available under the program by
the local educational agency.]
[SEC. 6152. CONSOLIDATION AND USE OF FUNDS.
[(a) In General.--
[(1) Authority.--Under a local flexibility
demonstration agreement entered into under this
chapter, a local educational agency may consolidate
Federal funds made available to the agency under the
provisions listed in subsection (b) and use such funds
for any educational purpose permitted under this Act.
[(2) Program requirements.--Except as otherwise
provided in this chapter, a local educational agency
may use funds under paragraph (1) notwithstanding the
program requirements of the program under which the
funds were made available to the agency.
[(b) Eligible Programs.--Program funds made available to
local educational agencies on the basis of a formula under the
following provisions may be consolidated and used under
subsection (a):
[(1) Subpart 2 of part A of title II.
[(2) Subpart 1 of part D of title II.
[(3) Subpart 1 of part A of title IV.
[(4) Subpart 1 of part A of title V.]
[SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.
[Each local educational agency that has entered into a
local flexibility demonstration agreement with the Secretary
under this chapter may use for administrative purposes not more
than 4 percent of the total amount of funds allocated to the
agency under the programs included in the scope of the
agreement.]
[SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.
[(a) Midterm Review.--
[(1) Failure to make adequate yearly progress.--If,
during the term of a local flexibility demonstration
agreement, a local educational agency fails to make
adequate yearly progress for 2 consecutive years, the
Secretary shall, after notice and opportunity for a
hearing, promptly terminate the agreement.
[(2) Noncompliance.--The Secretary may, after
providing notice and an opportunity for a hearing
(including the opportunity to provide information as
provided for in paragraph (3)), terminate a local
flexibility demonstration agreement under this chapter
if there is evidence that the local educational agency
has failed to comply with the terms of the agreement.
[(3) Evidence.--If a local educational agency
believes that the Secretary's determination under this
subsection is in error for statistical or other
substantive reasons, the local educational agency may
provide supporting evidence to the Secretary, and the
Secretary shall consider that evidence before making a
final early termination determination.
[(b) Final Review.--If, at the end of the 5-year term of a
local flexibility demonstration agreement entered into under
this chapter, the local educational agency has not met the
requirements described in section 6151(c), the Secretary may
not renew the agreement under section 6155 and, beginning on
the date on which such term ends, the local educational agency
shall be required to comply with each of the program
requirements in effect on such date for each program included
in the local flexibility demonstration agreement.]
[SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.
[(a) In General.--Except as provided in section 6154 and in
accordance with this section, the Secretary shall renew for one
additional 5-year term a local flexibility demonstration
agreement entered into under this chapter if the local
educational agency has met, by the end of the original term of
the agreement, the requirements described in section 6151(c).
[(b) Notification.--The Secretary may not renew a local
flexibility demonstration agreement under this chapter unless,
not less than 6 months before the end of the original term of
the agreement, the local educational agency seeking the renewal
notifies the Secretary of its intention to renew.
[(c) Effective Date.--A renewal under this section shall be
effective at the end of the original term of the agreement or
on the date on which the local educational agency seeking
renewal provides to the Secretary all data required under the
agreement, whichever is later.]
[SEC. 6156. REPORTS.
[(a) Transmittal to Congress.--Not later than 60 days after
the Secretary receives a report described in section
6151(b)(10), the Secretary shall make the report available 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.
[(b) Limitation.--A State in which a local educational
agency that has a local flexibility demonstration agreement is
located may not require such local educational agency to
provide any application information with respect to the
programs included within the scope of that agreement other than
that information that is required to be included in the report
described in section 6151(b)(10).]
[Subpart 4--State Accountability for Adequate Yearly Progress]
[SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.
[In the case of a State educational agency that has a plan
approved under subpart 1 of part A of title I after the date of
enactment of the No Child Left Behind Act of 2001, and has a
plan approved under subpart 1 of part A of title III of such
Act after such date of enactment, the Secretary shall annually,
starting with the beginning of the first school year following
the first two school years for which such plans were
implemented, review whether the State has--
[(1) made adequate yearly progress, as defined in
section 1111[(b)(2)(B), for each of the groups of
students described in section 1111(b)(2)(C)(v); and
[(2) met its annual measurable achievement
objectives under section 3122(a).]
[SEC. 6162. PEER REVIEW.
[The Secretary shall use a peer review process to review,
based on data from the State assessments administered under
section 1111(b)(3) and on data from the evaluations conducted
under section 3121, whether the State has failed to make
adequate yearly progress for 2 consecutive years or whether the
State has met its annual measurable achievement objectives.]
[SEC. 6163. TECHNICAL ASSISTANCE.
[(a) Provision of Assistance.--
[(1) Adequate yearly progress.--Based on the review
described in section 6161(1), the Secretary shall
provide technical assistance to a State that has failed
to make adequate yearly progress, as defined in section
1111(b)(2), for 2 consecutive years. The Secretary
shall provide such assistance not later than the
beginning of the first school year that begins after
such determination is made.
[(2) Annual measurable achievement objectives.--
Based on the reviews described in section 6161(2), the
Secretary may provide technical assistance to a State
that has failed to meet its annual measurable
achievement objectives under section 3122(a) for 2
consecutive years. The Secretary shall provide such
assistance not later than the beginning of the first
school year that begins after such determination is
made.
[(b) Characteristics.--The technical assistance described
in subsection (a) shall--
[(1) be valid, reliable and rigorous; and
[(2) provide constructive feedback to help the
State make adequate yearly progress, as defined in
section 1111(b)(2), or meet the annual measurable
achievement objectives under section 3122(a).]
[SEC. 6164. REPORT TO CONGRESS.
[Beginning with the school year that begins in 2005, the
Secretary shall submit an annual 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 containing the following:
[(1) A list of each State that has not made
adequate yearly progress based on the review conducted
under section 6161(1).
[(2) A list of each State that has not met its
annual measurable achievement objectives based on the
review conducted under section 6161(2).
[(3) The information reported by the State to the
Secretary pursuant to section 1119(a).
[(4) A description of any technical assistance
provided pursuant to section 6163.]
* * * * * * *
PART B--RURAL EDUCATION INITIATIVE
SEC. 6201. SHORT TITLE.
This part may be cited as the ``Rural Education Achievement
Program''.
* * * * * * *
Subpart 1--Small, Rural School Achievement Program
SEC. 6211. USE OF APPLICABLE FUNDING.
(a) Alternative Uses.--
(1) In general.--* * *
[(A) Part A of title I.
[(B) Part A or D of title II.
[(C) Title III.
[(D) Part A or B of title IV.
[(E) Part A of title V.]
(A) Part A of title I.
(B) Part A of title II.
(C) Title III.
(D) Part A or B of title IV.
(E) Part G of title V.
* * * * * * *
(b) Eligibility.--
(1) In general.--* * *
(A)(i)(I) * * *
* * * * * * *
(ii) all of the schools served by the local
educational agency are designated with a school
locale code of [7 or 8, as determined by the
Secretary; or]41, 42, or 43, as determined by
the Secretary;
(B) the agency meets the criteria
established in subparagraph (A)(i) and the
Secretary, in accordance with paragraph (2),
grants the local educational agency's request
to waive the criteria described in subparagraph
(A)(ii)[.]; or
(C) the local educational agency is a
member of an educational service agency that
does not receive funds under this subpart and
the local educational agency meets the
requirements of this part.
(c) Applicable Funding Defined.--In this section, the term
``applicable funding'' means funds provided under any of the
following provisions:
[(1) Subpart 2 and section 2412(a)(2)(A) of title
II.
[(2) Section 4114.
[(3) Part A of title V.]
(1) Part A of title II.
(2) Part A of title IV.
SEC. 6212. GRANT PROGRAM AUTHORIZED. * * *
(a) In General.--The Secretary is authorized to award
grants to eligible local educational agencies to enable the
local educational agencies to carry out activities authorized
under any of the following provisions:
[(1) Part A of title I.
[(2) Part A or D of title II.
[(3) Title III.
[(4) Part A or B of title IV.
[(5) Part A of title V.]
(1) Part A of title I.
(2) Part A of title II.
(3) Title III.
(4) Part A or B of title IV.
(5) Part G of title V.
(b) Allocation.--
[(1) In general.--Except as provided in paragraph
(3), the Secretary shall award a grant under subsection
(a) to a local educational agency eligible under
section 6211(b) for a fiscal year in an amount equal to
the initial amount determined under paragraph (2) for
the fiscal year minus the total amount received by the
agency under the provisions of law described in section
6211(c) for the preceding fiscal year.]
(1) Allocation.--
(A) In general.--Except as provided in
paragraph (3), the Secretary shall award a
grant under subsection (a) to a local
educational agency eligible under section
6211(b) for a fiscal year in an amount equal to
the initial amount determined under paragraph
(2) for the fiscal year minus the total amount
received by the agency under the provisions of
law described in section 6211(c) for the
preceding fiscal year.
(B) Special determination.--For a local
educational agency that is eligible under
section 6211 and is a member of an educational
service agency, the Secretary may determine the
award amount by subtracting from the initial
amount determined under paragraph (2), an
amount that is equal to that local educational
agency's per-pupil share of the total amount
received by the educational service agency
under titles II and IV, as long as a
determination under this subparagraph would not
disproportionately affect any State.
[(2) Determination of initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students in excess of
50 students, in average daily attendance at the schools
served by the local educational agency, plus $20,000,
except that the initial amount may not exceed $60,000.]
(2) Determination of initial amount.--
(A) In general.--The initial amount
referred to in paragraph (1) is equal to $100
multiplied by the total number of students in
excess of 50 students, in average daily
attendance at the schools served by the local
educational agency, plus $20,000, except that
the initial amount may not exceed $60,000.
(B) Special rule.--For any fiscal year in
which the amount made available to carry out
this part is $252,000,000 or more, subparagraph
(A) shall be applied--
(i) by substituting ``$25,000'' for
``$20,000''; and
(ii) by substituting ``$80,000''
for ``$60,000''.
(3) Ratable adjustment.--
(A) In general.-- * * *
* * * * * * *
(4) Hold harmless.--For a local educational agency
that is not eligible under this subpart but met the
eligibility requirements under section 6211(b) as such
section was in effect on the day before the date of
enactment of the Every Child Achieves Act of 2015, the
agency shall receive--
(A) for fiscal year 2016, 75 percent of the
amount such agency received for fiscal year
2015;
(B) for fiscal year 2017, 50 percent of the
amount such agency received for fiscal year
2015; and
(C) for fiscal year 2018, 25 percent of the
amount such agency received for fiscal year
2015.
(c) Disbursement.-- * * *
[(d) Special Eligibility Rule.--A local educational agency
that is eligible to receive a grant under this subpart for a
fiscal year is not eligible to receive funds for such fiscal
year under subpart 2.]
[SEC. 6213. ACCOUNTABILITY.
[(a) Academic Achievement Assessment.--Each local
educational agency that uses or receives funds under this
subpart for a fiscal year shall administer an assessment that
is consistent with section 1111(b)(3).
[(b) Determination Regarding Continuing Participation.--
Each State educational agency that receives funding under the
provisions of law described in section 6211(c) shall--
[(1) after the third year that a local educational
agency in the State participates in a program under
this subpart and on the basis of the results of the
assessments described in subsection (a), determine
whether the local educational agency participating in
the program made adequate yearly progress, as described
in section 1111(b)(2);
[(2) permit only those local educational agencies
that participated and made adequate yearly progress, as
described in section 1111(b)(2), to continue to
participate; and
[(3) permit those local educational agencies that
participated and failed to make adequate yearly
progress, as described in section 1111(b)(2), to
continue to participate only if such local educational
agencies use applicable funding under this subpart to
carry out the requirements of section 1116.]
SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS.
Each local educational agency that uses or receives funds
under this subpart for a fiscal year shall administer an
assessment that is consistent with section 1111(b)(2).
Subpart 2--Rural and Low-Income School Program
SEC. 6221. PROGRAM AUTHORIZED.
(a) Grants to States.--
(1) In general.-- * * *
* * * * * * *
(b) Local Awards.--
(1) Eligibility.--A local educational agency shall
be eligible to receive a grant under this subpart if--
(A) * * *
(B) all of the schools served by the agency
are designated with a school locale code of [6,
7, or 8]32, 33, 41, 42, or 43, as determined by
the Secretary.
(2) Award basis.-- * * *
* * * * * * *
(c) Reservations.--From amounts appropriated under section
6234 for this subpart for a fiscal year, the Secretary shall
reserve--
(1) one-half of 1 percent to make awards to
elementary schools or secondary schools operated or
supported by the [Bureau of Indian Affairs]Bureau of
Indian Education, to carry out the activities
authorized under this subpart; and
(2) * * *
* * * * * * *
SEC. 6222. USES OF FUNDS.
(a) Local Awards.--Grant funds awarded to local educational
agencies under this subpart shall be used for any of the
following:
[(1) Teacher recruitment and retention, including
the use of signing bonuses and other financial
incentives.
[(2) Teacher professional development, including
programs that train teachers to utilize technology to
improve teaching and to train special needs teachers.
[(3) Educational technology, including software and
hardware, as described in part D of title II.
[(4) Parental involvement activities.
[(5) Activities authorized under the Safe and Drug-
Free Schools program under part A of title IV.
[(6) Activities authorized under part A of title I.
[(7) Activities authorized under title III.]
(1) Activities authorized under part A of title I.
(2) Activities authorized under part A of title II.
(3) Activities authorized under title III.
(4) Activities authorized under part A of title IV.
(5) Parental involvement activities.
(6) Activities authorized under part G of title V.
* * * * * * *
SEC. 6223. APPLICATIONS.
(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this subpart
shall submit an application to the Secretary [at such time, in
such manner, and accompanied by such information]at such time
and in such manner as the Secretary may require.
[(b) Contents.--At a minimum, each application submitted
under subsection (a) shall include information on specific
measurable goals and objectives to be achieved through the
activities carried out through the grant, which may include
specific educational goals and objectives relating to--
[(1) increased student academic achievement;
[(2) decreased student dropout rates; or
[(3) such other factors as the State educational
agency or specially qualified agency may choose to
measure.]
(b) Contents.--Each application submitted under subsection
(a) shall include information on--
(1) program objectives and outcomes for activities
under this subpart, including how the State educational
agency or specially qualified agency will use funds to
help all students meet the challenging State academic
standards under section 1111(b);
(2) if the State educational agency or specially
qualified agency will competitively award grants to
eligible local educational agencies, as described in
section 6221(b)(2)(A), the application under the
section shall include--
(A) the methods and criteria the State
educational agency or specially qualified
agency will use for reviewing applications and
awarding funds to local educational agencies on
a competitive basis; and
(B) how the State educational agency or
specially qualified agency will notify eligible
local educational agencies of the grant
competition; and
(3) a description of how the State educational
agency or specially qualified agency will provide
technical assistance to eligible local educational
agencies to help such agencies implement the activities
described in section 6222.
SEC. 6224. ACCOUNTABILITY.
(a) State Report.--Each State educational agency or
specially qualified agency that receives a grant under this
subpart shall prepare and submit an annual report to the
Secretary. The report shall describe--
[(1) the method the State educational agency used
to award grants to eligible local educational agencies,
and to provide assistance to schools, under this
subpart;]
(1) if the report is submitted by a State
educational agency, the method the State educational
agency used to award grants to eligible local
educational agencies, and to provide assistance to
schools, under this subpart;
(2) * * *
[(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 6223.]
(3) the degree to which progress has been made
toward meeting the objectives and outcomes described in
the application submitted under section 6223, including
having all students in the State or the area served by
the specially qualified agency, as applicable, meet the
challenging State academic standards under section
1111(b).
[(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart shall
provide an annual report to the Secretary. Such report shall
describe--
[(1) how such agency uses funds provided under this
subpart; and
[(2) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 6223.
[(c) Report to Congress.--The Secretary shall prepare and
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 a biennial report.
The report shall describe--
[(1) the methods the State educational agencies
used to award grants to eligible local educational
agencies, and to provide assistance to schools, under
this subpart;
[local educational agencies and schools used funds
provided under this subpart; and
[(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the applications submitted under section 6223.]
(b) Report to Congress.--The Secretary shall prepare a
summary of the reports under subsection (a) and submit a
biennial report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives.
[(d)](c) Academic Achievement Assessment.--Each local
educational agency or specially qualified agency that receives
a grant under this subpart for a fiscal year shall administer
an [assessment that is consistent with section
1111(b)(3)]assessment that is consistent with section
1111(b)(2).
[(e) Determination Regarding Continuing Participation.--
Each State educational agency or specially qualified agency
that receives a grant under this subpart shall--
[(1) after the third year that a local educational
agency or specially qualified agency in the State
receives funds under this subpart, and on the basis of
the results of the assessments described in subsection
(d)--
[(A) in the case of a local educational
agency, determine whether the local educational
agency made adequate yearly progress, as
described in section 1111(b)(2); and
[(B) in the case of a specially qualified
agency, submit to the Secretary information
that would allow the Secretary to determine
whether the specially qualified agency has made
adequate yearly progress, as described in
section 1111(b)(2);
[(2) permit only those local educational agencies
or specially qualified agencies that made adequate
yearly progress, as described in section 1111(b)(2), to
continue to receive grants under this subpart; and
[(3) permit those local educational agencies or
specially qualified agencies that failed to make
adequate yearly progress, as described in section
1111(b)(2), to continue to receive such grants only if
the State educational agency disbursed such grants to
the local educational agencies or specially qualified
agencies to carry out the requirements of section
1116.]
SEC. 6225. CHOICE OF PARTICIPATION.
(a) In General.--If a local educational agency is eligible
for funding under both subparts 1 and 2 of this part, such
local educational agency may receive funds under either subpart
1 or subpart 2 for a fiscal year, but may not receive funds
under both subparts for such fiscal year.
(b) Notification.--A local educational agency eligible for
funding under both subparts 1 and 2 of this part shall notify
the Secretary and the State educational agency under which of
such subparts the local educational agency intends to receive
funds for a fiscal year by a date that is established by the
Secretary for the notification.
* * * * * * *
SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part [$300,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years,]such sums
as may be necessary for each of the fiscal years 2016 through
2021, to be distributed equally between subparts 1 and 2.
[PART C--GENERAL PROVISIONS]
[SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
[Nothing in this title shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content, academic achievement
standards and assessments, curriculum, or program of
instruction, as a condition of eligibility to receive funds
under this Act.]
[SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
[Nothing in this title shall be construed to mandate
equalized spending per pupil for a State, local educational
agency, or school.]
PART C--GENERAL PROVISIONS
SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.
Nothing in this title shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content, academic standards and
assessments, curriculum, or program of instruction, as a
condition of eligibility to receive funds under this Act.
SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate
equalized spending per pupil for a State, local educational
agency, or school.
* * * * * * *
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A--INDIAN EDUCATION
SEC. 7101. STATEMENT OF POLICY.
* * * * * * *
[SEC. 7102. PURPOSE.
[(a) 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
to meet the unique educational and culturally related academic
needs of American Indian and Alaska Native students, so that
such students can meet the same challenging State student
academic achievement standards as all other students are
expected to meet.
[(b) Programs.--This part 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 American Indians and Alaska
Natives;
[(2) the education of Indian children and adults;
[(3) the training of Indian persons as educators
and counselors, and in other professions serving Indian
people; and
[(4) research, evaluation, data collection, and
technical assistance.]
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 culture, language, and educational needs,
consistent with section 1111;
(2) to ensure that American Indian and Alaska
Native students gain knowledge and understanding of
Native communities, languages, tribal histories,
traditions, and cultures; and
(3) to ensure that teachers, principals, other
school leaders, and other staff who serve American
Indian and Alaska Native students have the ability to
provide effective instruction and supports to such
students.
* * * * * * *
Subpart 1--Formula Grants to Local Educational Agencies
[SEC. 7111. PURPOSE.
[It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
school and secondary school programs that serve Indian students
in order to ensure that such programs--
[(1) are based on challenging State academic
content and student academic achievement standards that
are used for all students; and
[(2) are designed to assist Indian students in
meeting those standards.]
SEC. 7111. PURPOSE.
It is the purpose of this subpart to support local
educational agencies in developing elementary school and
secondary school programs for American Indian and Alaska Native
students that are designed to--
(1) meet the unique cultural, language, and
educational needs of such students; and
(2) ensure that all students meet the challenging
State academic standards adopted under section 1111(b).
SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
[(a) In General.--The Secretary may make grants, from
allocations made under section 7113, to local educational
agencies and Indian tribes, in accordance with this section and
section 7113.]
(a) In General.--The Secretary may make grants, from
allocations made under section 7113, and in accordance with
this section and section 7113, to--
(1) local educational agencies;
(2) Indian tribes; and
(3) consortia of 2 or more local educational
agencies, Indian tribes, Indian organizations, or
Indian community-based organizations, provided that
each local educational agency participating in such a
consortium--
(A) provides an assurance that the eligible
Indian children served by such local
educational agency receive the services of the
programs funded under this subpart; and
(B) is subject to all the requirements,
assurances, and obligations applicable to local
educational agencies under this subpart.
(b) Local Educational Agencies.--
(1) Enrollment requirements.--[A local educational
agency shall]Subject to paragraph (2), a local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of
Indian children eligible under section 7117 who were
enrolled in the schools of the agency, and to whom the
agency provided free public education, during the
preceding fiscal year--
(A) * * *
* * * * * * *
(2) Cooperative agreements.--A local educational
agency may enter into a cooperative agreement with an
Indian tribe under this subpart if such Indian tribe--
(A) represents not less than 25 percent of
the eligible Indian children who are served by
such local educational agency; and
(B) requests that the local educational
agency enters into a cooperative agreement
under this subpart.
[(2)](3) Exclusion.--The requirement of paragraph
(1) shall not apply in Alaska, California, or Oklahoma,
or with respect to any local educational agency located
on, or in proximity to, a reservation.
[(c) Indian Tribes.--
[(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)(4) for such grant, an Indian tribe that
represents not less than \1/2\ of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
[(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart, except that any
such tribe is not subject to section 7114(c)(4),
section 7118(c), or section 7119.]
(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)(4)
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 public school and such tribe is not
affiliated with either a 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)(4) 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 an
Indian 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.--In any case where 2 or more
local educational agencies, Indian tribes, or Indian
organizations 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, Indian tribe, and Indian
organization 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, Indian tribe, and Indian
organization 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,
Indian tribe, and Indian organization receiving
a grant under this subpart.
* * * * * * *
SEC. 7113. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--* * *
* * * * * * *
(b) Minimum Grant.--
(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 7112,
and a school that is operated or supported by the
[Bureau of Indian Affairs]Bureau of Indian Education
that is eligible for a grant under subsection (d), that
submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not less
than $3,000.
(2) Consortia.-- * * *
* * * * * * *
(d) Schools Operated or Supported by the Bureau of [Indian
Affairs]Indian Education.--
(1) In general.-- * * *
(A) the total number of Indian children
enrolled in schools that are operated by--
(i) the [Bureau of Indian
Affairs]Bureau of Indian Education; or
(ii) * * *
* * * * * * *
SEC. 7114. APPLICATIONS.
(a) Application Required.--Each local educational agency,
Indian tribe, or consortia as described in section 7113(b)(2)
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
(1) * * *
(2)(A) [is consistent with the State and local
plans]supports the State, tribal, and local plans
submitted under other provisions of this Act; and
[(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on the challenging
State academic content and student academic achievement
standards adopted under title I for all children;]
(B) includes program objectives and
outcomes for activities under this subpart that
are based on the same challenging State
academic standards developed by the State under
title I for all students;
[(3) explains how Federal, State, and local
programs, especially programs carried out under title
I, will meet the needs of such students;]
(3) explains how the local educational agency,
tribe, or consortium will use funds made available
under this subpart to supplement other Federal, State,
and local programs that meet the needs of such
students;
(4) * * *
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) * * *
(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
[and]
(6) describes how the local educational agency--
(A) * * *
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee described in
subsection (c)(4); [and]
(ii) * * *
(iii) the Indian tribes whose
children are served by the local
educational agency, consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the ``Family
Educational Rights and Privacy Act of
1974''); and
(C) is responding to findings of any
previous assessments that are similar to the
assessments described in subparagraph (A)[.];
and
(7) describes the process the local educational
agency used to collaborate with Indian tribes located
in the community in the development of the
comprehensive programs and the actions taken as a
result of such collaboration.
(c) Assurances.-- * * *
(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for [the education of Indian
children,]services and activities consistent with those
described in this subpart, and not to supplant such
funds;
(2) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
(A) carry out the functions of the
Secretary under this subpart; [and]
(B) determine the extent to which
activities carried out with funds provided to
the local educational agency under this subpart
are effective in improving the educational
achievement of Indian students [served by such
agency]served by such agency, and meet program
objectives and outcomes for activities under
this subpart; and
(C) determine the extent to which such
activities address the unique cultural,
language, and educational needs of Indian
students;
(3) the program for which assistance is sought--
(A) * * *
* * * * * * *
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, representatives of Indian tribes
on Indian lands located within 50 miles of any
school that the agency will serve if such tribe
has any children in such school, and, if
appropriate, Indian students from secondary
schools, including through public hearings held
by such agency to provide to the individuals
described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
[and]
(4) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) parents and family members of
Indian children in the local
educational agency's schools;
(ii) representatives of Indian
tribes on Indian lands located within
50 miles of any school that the agency
will serve if such tribe has any
children in such school;
(ii)(iii) teachers in the schools;
and
(iii)(iv) if appropriate, Indian
students attending secondary schools of
the agency;
[(B) a majority of whose members are
parents of Indian children;]
(B) a majority of whose members are parents
and family members of Indian children and
representatives of Indian tribes described in
subparagraph (A)(ii), as applicable;
(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents and family members of the children, and
representatives of the area, to be served;
(D) with respect to an application
describing a schoolwide program in accordance
with section 7115(c), that has--
(i) * * *
(ii) determined that the program
will not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; [and]
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws[.]; and
(F) that will determine the extent to which
the activities of the local educational agency
will address the unique cultural, linguistic,
and educational needs of Indian students;
(5) the local educational agency will coordinate
activities under this title with other Federal programs
supporting educational and related services
administered by such agency;
(6) the local educational agency conducted outreach
to parents and family members to meet the requirements
under this paragraph; and
(7) the local educational agency will use funds
received under this subpart only for activities
described and authorized in this subpart.
(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.
(e) Technical Assistance.--The Secretary shall, directly or
by contract, provide technical assistance to a local
educational agency or Bureau of Indian Education school upon
request (in addition to any technical assistance available
under other provisions of this Act or available through the
Institute of Education Sciences) to support the services and
activities provided under this subpart, including technical
assistance for--
(1) the development of applications under this
subpart;
(2) improvement in the quality of implementation,
content, and evaluation of activities supported under
this subpart; and
(3) integration of activities under this subpart
with other educational activities carried out by the
local educational agency.
* * * * * * *
SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--* * *
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 7114(a) solely for the services and activities
described in such application;
(2) are designed with special regard for the
language and cultural needs of the Indian students to
be responsive to the unique learning styles of Indian
and Alaska Native children; and
(3) * * *
[(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
[(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
[(2) early childhood and family programs that
emphasize school readiness;
[(3) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State academic
content and student academic achievement standards;
[(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
[(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Act of 2006, including programs for
tech-prep education, mentoring, and apprenticeship;
[(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
[(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 7111;
[(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
[(9) activities that incorporate American Indian
and Alaska Native specific curriculum content,
consistent with State standards, into the curriculum
used by the local educational agency;
[(10) family literacy services; and
[(11) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors.]
(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
(1) activities that support Native American
language programs and Native American language
restoration programs, which may be taught by
traditional leaders;
(2) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(3) high-quality early childhood and family
programs that emphasize school readiness;
(4) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State academic
standards described in 1111(b);
(5) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families, including programs that
promote parental involvement in school activities and
increase student achievement;
(6) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Act of 2006, including programs for
tech-prep education, mentoring, and apprenticeship;
(7) activities to educate individuals so as to
prevent violence, suicide, and substance abuse;
(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 7111;
(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
(10) family literacy services;
(11) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors; and
(12) dropout prevention strategies and strategies
to--
(A) meet the educational needs of at-risk
Indian students in correctional facilities; and
(B) support Indian students who are
transitioning from such facilities to schools
served by local educational agencies.
(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
(1) the committee established pursuant to section
7114(c)(4) approves the use of the funds for the
schoolwide program; [and]
(2) the schoolwide program is consistent with the
purpose described in section 7111[.]; and
(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide
program will provide benefits to Indian students.
(d) Limitation on Administrative Costs.-- * * *
(e) Limitation on Use of Funds.--Funds provided to a
grantee under this subpart may not be used for long-distance
travel expenses for training activities available locally or
regionally.
* * * * * * *
SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.-- * * *
* * * * * * *
(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the [No Child Left
Behind Act of 2001]Every Child Achieves Act of 2015, the
Secretary of Education, the Secretary of the Interior, the
Secretary of Health and Human Services, and the head of any
other Federal department or agency identified by the Secretary
of Education, shall enter into an interdepartmental memorandum
of agreement providing for the implementation and coordination
of the demonstration projects authorized under this section.
The lead agency head for a demonstration project under this
section shall be--
(1) * * *
* * * * * * *
(o) Report on Statutory Obstacles to Program Integration.--
(1) Preliminary report.--[Not later than 2 years
after the date of enactment of the No Child Left Behind
Act of 2001]Not later than 2 years after date of
enactment of the Every Child Achieves Act of 2015, and
every 5 years thereafter, the Secretary of Education
shall submit a preliminary report to the Committee on
Education and the Workforce and the Committee on
Resources of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and
the Committee on Indian Affairs of the Senate on the
status of the implementation of the demonstration
projects authorized under this section.
[(2) Final report.--Not later than 5 years after
the date of enactment of the No Child Left Behind Act
of 2001, the Secretary of Education shall submit a
report to the Committee on Education and the Workforce
and the Committee on Resources of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs
of the Senate on the results of the implementation of
the demonstration projects authorized under this
section. Such report shall identify statutory barriers
to the ability of participants to integrate more
effectively their education and related services to
Indian students in a manner consistent with the
objectives of this section.]
(2) Contents.--The report required under paragraph
(1) shall identify--
(A) any statutory barriers to the ability
of participants to more effectively integrate
their education and related services to Indian
students in a manner consistent with the
objectives of this section; and
(B) the effective practices for program
integration that result in increased student
achievement, graduation rates, and other
relevant outcomes for Indian students.
(p) Definitions.-- * * *
* * * * * * *
SEC. 7117. STUDENT ELIGIBILITY FORMS.
(a) In General.-- * * *
(b) Forms.--The form described in subsection (a) shall
include--
(1) either--
(A)(i) * * *
(ii) the enrollment or membership number
establishing the membership of the child (if
readily available); and
(iii) * * *
(B) the name, the enrollment or membership
number (if readily available), and the name and
address of the organization responsible for
maintaining updated and accurate membership
data, of any parent or grandparent of the child
from whom the child claims eligibility under
this subpart, if the child is not a member of
the tribe or band of Indians (as so defined);
(2) * * *
* * * * * * *
[(e) Documentation.--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.]
(e) Documentation.--
(1) In general.--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
Every Child Achieves Act of 2015 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.
* * * * * * *
(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in calculating the amount of a
grant under this subpart to a tribal school that receives a
grant or contract from the [Bureau of Indian Affairs]Bureau of
Indian Education, the Secretary shall use only one of the
following, as selected by the school:
(1) * * *
* * * * * * *
(i) Technical Assistance.--The Secretary shall, directly or
through contract, provide technical assistance to a local
educational agency or Bureau of Indian Education school upon
request, in addition to any technical assistance available
under section 1114 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 and sharing of best practices.
SEC. 7118. PAYMENTS.
(a) In General.-- * * *
* * * * * * *
[(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
[(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 7113 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
[(2) Failure to maintain effort.--If, for the
preceding fiscal year, the Secretary determines that a
local educational agency and State failed to maintain
the combined fiscal effort for such agency at the level
specified in paragraph (1), the Secretary shall--
[(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of the
failure to maintain the fiscal effort at such
level; and
[(B) not use the reduced amount of the
agency and State expenditures for the preceding
year to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use
the amount of expenditures that would have been
required to comply with paragraph (1).
[(3) Waiver.--
[(A) In general.--The Secretary may waive
the requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
[(B) Future determinations.--The Secretary
shall not use the reduced amount of the
agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have
been required to comply with paragraph (1) in
the absence of the waiver.]
(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--Each local educational agency shall maintain fiscal
effort in accordance with section 9521 or be subject to reduced
payments under this subpart in accordance with such section
9521.
* * * * * * *
[SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.]SEC. 7121. IMPROVEMENT OF EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.
(a) Purpose.--
(1) In general.--It is the purpose of this section
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children and youth.
(2) Coordination.-- The Secretary shall take the
necessary actions to achieve the coordination of
activities assisted under this subpart with--
(A) * * *
(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children and youth.
(b) Eligible Entities.--In this section, the term
``eligible entity'' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, [Indian institution (including an Indian
institution of higher education)]a Tribal College or University
(as defined in section 316(b) of the Higher Education Act of
1965), or a consortium of such entities.
(c) Grants Authorized.--
(1) In general.--The Secretary shall award grants
to eligible entities to enable such entities to carry
out activities that meet the purpose of this section,
including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children and youth;
(B) educational services that are not
available to such children and youth in
sufficient quantity or quality, including
remedial instruction, to raise the achievement
of Indian children in one or more of the core
academic subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
(C) * * *
(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children and youth;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children and youth to enter, remain in,
or reenter school, and to increase the rate of
high school graduation for Indian children and
youth;
(F) * * *
[(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;]
(G) high-quality early childhood education
programs that are effective in preparing young
children to be making sufficient academic
progress by the end of grade 3, including
kindergarten and prekindergarten programs,
family-based preschool programs that emphasize
school readiness, and the provision of services
to Indian children with disabilities;
(H) * * *
(L) activities that recognize and support
the unique cultural and educational needs of
Indian children and youth, and incorporate
[appropriately qualified tribal elders and
seniors]traditional leaders; or
(M) * * *
(2) Professional development.--[Professional
development]High-quality professional development of
teaching professionals and paraprofessionals may be a
part of any program assisted under this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--
(A) In general.-- * * *
* * * * * * *
(C) Progress.--The Secretary shall [make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines]award grants 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 determines
that the eligible entity has made substantial
progress in carrying out the activities
assisted under the grant in accordance with the
application submitted under paragraph (3) and
any subsequent modifications to such
application.
(2) Dissemination grants.--
(A) In general.-- * * *
(3) Application.--
(A) In general.-- * * *
(B) Contents.--Each application submitted
to the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
(i) a description of how [parents
of Indian children]parents and family
of Indian children and representatives
of Indian tribes have been, and will
be, involved in developing and
implementing the activities for which
assistance is sought;
(ii) * * *
(iii) [information demonstrating
that the proposed program for the
activities is a scientifically based
research program]evidence demonstrating
that the proposed program is an
evidence-based program, where
applicable, which may include a program
that has been modified to be culturally
appropriate for students who will be
served;
(iv) * * *
* * * * * * *
(f) Continuation.--Notwithstanding any other provision of
this section, a grantee that is carrying out activities
pursuant to a grant awarded under this section prior to the
date of enactment of the Every Child Achieves Act of 2015 may
continue to carry out such activities after such date of
enactment under such grant in accordance with the terms of such
grant award.
* * * * * * *
SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
(a) Purposes.-- The purposes of this section are-- * * *
(1) to increase the number of qualified Indian
[individuals in teaching or other education professions
that serve Indian people]teachers and administrators
serving Indian students;
(2) to provide training and support to qualified
Indian individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and [ancillary educational
personnel]specialized instructional support personnel;
and
(3) * * *
(b) Eligible Entities.--* * *
(1) an institution of higher education, [including
an Indian institution of higher education]including a
Tribal College or University, as defined in section
316(b) of the Higher Education Act of 1965;
* * * * * * *
(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978) in a
consortium with at least one Tribal College or
University, as defined in section 316(b) of the Higher
Education Act of 1965, where feasible.
* * * * * * *
(d) Authorized Activities.--* * *
(1) In general.-- * * *
(2) Special rules.--
(A) Type of training.-- * * *
* * * * * * *
(C) Continuation.--Notwithstanding any
other provision of this section, a grantee that
is carrying out activities pursuant to a grant
awarded under this section prior to the date of
enactment of the Every Child Achieves Act of
2015 may continue to carry out such activities
under such grant in accordance with the terms
of that award.
[(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.]
(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, or school leaders;
(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).
(f) Special Rule.--* * *
(1) may give priority in making grants to tribally-
chartered and federally-chartered institutions of
higher education;
[(1)](2) * * *
[(2)](3) may not limit eligibility to receive a
grant under this section on the [basis of--
[(A) the number of previous grants the
Secretary has awarded such entity; or
[(B) the length of any period during which
such entity received such grants.]basis of the
length of any period for which the eligible
entity has received a grant.
[(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.]
(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 an additional period of not more
than 2 years if the Secretary finds that the grantee is
achieving the objectives of the grant.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
(A) perform work--
(i) * * *
(ii) that benefits Indian
[people]students in a local educational
agency that serves a high proportion of
Indian students; or
(B) * * *
* * * * * * *
Subpart 3--National Activities
[SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.
[(a) Grants Authorized.--In addition to the grants
authorized by section 7122(c), the Secretary may make grants to
eligible consortia for the provision of high quality in-service
training. The Secretary may make such a grant to--
[(1) a consortium of a tribal college and an
institution of higher education that awards a degree in
education; or
[(2) a consortium of--
[(A) a tribal college;
[(B) an institution of higher education
that awards a degree in education; and
[(C) one or more elementary schools or
secondary schools operated by the Bureau of
Indian Affairs, local educational agencies
serving Indian children, or tribal educational
agencies.
[(b) Use of Funds.--
[(1) In-service training.--A consortium that
receives a grant under subsection (a) shall use the
grant funds only to provide high quality in-service
training to teachers, including teachers who are not
Indians, in schools of local educational agencies with
substantial numbers of Indian children enrolled in
their schools, in order to better meet the needs of
those children.
[(2) Components.--The training described in
paragraph (1) shall include such activities as
preparing teachers to use the best available
scientifically based research practices and learning
strategies, and to make the most effective use of
curricula and materials, to respond to the unique needs
of Indian children in their classrooms.
[(c) Preference for Indian Applicants.--In applying section
7143 to this section, the Secretary shall give a preference to
any consortium that includes one or more of the entities
described in section 7143.]
[SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.
[(a) Fellowships.--
[(1) Authority.--The Secretary is authorized to
award fellowships to Indian students to enable such
students to study in graduate and professional programs
at institutions of higher education.
[(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
[(A) of not more than 4 academic years; and
[(B) that leads--
[(i) toward a postbaccalaureate
degree in medicine, clinical
psychology, psychology, law, education,
or a related field; or
[(ii) to an undergraduate or
graduate degree in engineering,
business administration, natural
resources, or a related field.
[(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
[(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to cover
the cost of education provided to such recipient.
[(d) Special Rules.--
[(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for the
unexpired portion of the period of the first
fellowship.
[(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
[(A) the amount of the funding for the
fellowship; and
(B) any stipends or other payments that
will be made under this section to, or for the
benefit of, the individual for the academic
term.
[(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in the
area of alcohol and substance abuse counseling and
education.
[(e) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
[(A) perform work--
[(i) related to the training for
which the individual receives the
assistance under this section; and
[(ii) that benefits Indian people;
or
[(B) repay all or a prorated portion of
such assistance.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
[(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.]
[SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.
[(a) Program Authorized.--The Secretary is authorized to--
[(1) establish two centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
[(2) support demonstration projects described in
subsection (c).
[(b) Eligible Entities.--The Secretary shall make grants,
or enter into contracts, for the activities described in
subsection (a), to or with--
[(1) two tribally controlled community colleges
that--
[(A) are eligible for funding under the
Tribally Controlled Colleges and Universities
Assistance Act of 1978; and
[(B) are fully accredited; or
[(2) the American Indian Higher Education
Consortium, if the Secretary does not receive
applications that the Secretary determines to be
approvable from two colleges that meet the requirements
of paragraph (1).
[(c) Use of Funds.--
[(1) In general.--Funds made available through the
grants made, or contracts entered into, by the
Secretary under subsection (b) shall be used for--
[(A) the establishment of centers described
in subsection (a); and
[(B) carrying out demonstration projects
designed to--
[(i) address the special needs of
Indian students in elementary schools
and secondary schools who are gifted
and talented; and
[(ii) provide such support services
to the families of the students
described in clause (i) as are needed
to enable such students to benefit from
the projects.
[(2) Subcontracts.--Each recipient of a grant or
contract under subsection (b) to carry out a
demonstration project under subsection (a) may enter
into a contract with any other entity, including the
Children's Television Workshop, to carry out the
demonstration project.
[(3) Demonstration projects.--Demonstration
projects assisted under subsection (b) may include--
[(A) the identification of the special
needs of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
[(i) identifying the emotional and
psychosocial needs of such students;
and
[(ii) providing such support
services to the families of such
students as are needed to enable such
students to benefit from the projects;
[(B) the conduct of educational,
psychosocial, and developmental activities that
the Secretary determines hold a reasonable
promise of resulting in substantial progress
toward meeting the educational needs of such
gifted and talented children, including--
[(i) demonstrating and exploring
the use of Indian languages and
exposure to Indian cultural traditions;
and
[(ii) carrying out mentoring and
apprenticeship programs;
[(C) the provision of technical assistance
and the coordination of activities at schools
that receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
[(D) the use of public television in
meeting the special educational needs of such
gifted and talented children;
[(E) leadership programs designed to
replicate programs for such children throughout
the United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
[(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children as are needed to enable such children
to benefit from the projects.
[(4) Application.--Each eligible entity desiring a
grant or contract under subsection (b) shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, as the
Secretary may reasonably require.
[(d) Additional Grants.--
[(1) In general.--The Secretary, in consultation
with the Secretary of the Interior, shall award 5
grants to schools funded by the Bureau of Indian
Affairs (hereafter referred to individually in this
section as a ``Bureau school'') for program research
and development and the development and dissemination
of curriculum and teacher training material,
regarding--
[(A) gifted and talented students;
[(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
[(C) students with special culturally
related academic needs, including students with
social, lingual, and cultural needs; or
[(D) mathematics and science education.
[(2) Applications.--Each Bureau school desiring a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may
reasonably require.
[(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
[(4) Requirements.--In awarding grants under
paragraph (1), the Secretary shall achieve a mixture of
the programs described in paragraph (1) that ensures
that Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
[(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1)
shall be awarded for a 3-year period and may be renewed
by the Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
[(6) Dissemination.--
[(A) Cooperative efforts.--The
dissemination of any materials developed from
activities assisted under paragraph (1) shall
be carried out in cooperation with entities
that receive funds pursuant to subsection (b).
[(B) Report.--The Secretary shall prepare
and submit to the Secretary of the Interior and
to Congress a report concerning any results
from activities described in this subsection.
[(7) Evaluation costs.--
[(A) Division.--The costs of evaluating any
activities assisted under paragraph (1) shall
be divided between the Bureau schools
conducting such activities and the recipients
of grants or contracts under subsection (b) who
conduct demonstration projects under subsection
(a).
[(B) Grants and contracts.--If no funds are
provided under subsection (b) for--
[(i) the evaluation of activities
assisted under paragraph (1);
[ii) technical assistance and
coordination with respect to such
activities; or
[(iii) the dissemination of the
evaluations referred to in clause (i),
[the Secretary shall make such grants, or enter
into such contracts, as are necessary to
provide for the evaluations, technical
assistance, and coordination of such
activities, and the dissemination of the
evaluations.
[(e) Information Network.--The Secretary shall encourage
each recipient of a grant or contract under this section to
work cooperatively as part of a national network to ensure that
the information developed by the grant or contract recipient is
readily available to the entire educational community.]
[SEC. [7135]7132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.
[(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
[(1) coordinate all education programs operated by
the tribe or within the territorial jurisdiction of the
tribe;
[(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
[(3) provide support services and technical
assistance to schools serving children of the tribe;
and
[(4) perform child-find screening services for the
preschool-aged children of the tribe to--
[(A) ensure placement in appropriate
educational facilities; and
[(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
[(b) Period of Grant.--Each grant awarded under this
section may be awarded for a period of not more than 3 years.
Such grant may be renewed upon the termination of the initial
period of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
[(c) Application for Grant.--
[(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities
to be conducted, and the objectives to be
achieved, under the grant; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
[(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
[(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
[(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
[(C) demonstrates that there will be
adequate resources provided under this section
or from other sources to complete the
activities for which assistance is sought,
except that the availability of such other
resources shall not be a basis for disapproval
of such application.
[(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.]
[SEC. 7136. [20 U.S.C. 7456] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES
FOR ADULT INDIANS.
[(a) In General.--The Secretary shall make grants to State
educational agencies, local educational agencies, and Indian
tribes, institutions, and organizations--
[(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
[(2) to assist in the establishment and operation
of programs that are designed to stimulate--
[(A) the provision of basic literacy
opportunities for all nonliterate Indian
adults; and
[(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
[(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
[(4) to provide for basic surveys and evaluations
to define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
[(5) to encourage the dissemination of information
and materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
[(b) Educational Services.--The Secretary may make grants
to Indian tribes, institutions, and organizations to develop
and establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
[(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
[(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
[(2) the evaluation of federally assisted programs
in which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
[(d) Applications.--
[(1) In general.--Each entity desiring a grant or
contract under this section shall submit to the
Secretary an application at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in
regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities
to be conducted and the objectives to be
achieved under the grant or contract; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
or contract are achieved.
[(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates that--
[(A) there has been adequate participation,
by the individuals to be served and the
appropriate tribal communities, in the planning
and development of the activities to be
assisted; and
[(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
[(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
[(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.]
SEC. 7132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING,
DEVELOPMENT, AND COORDINATION.
(a) In General.--The Secretary may award grants under this
section to eligible applicants to enable the eligible
applicants to--
(1) promote tribal self-determination in education;
(2) improve the academic achievement of Indian
children and youth; and
(3) promote the coordination and collaboration of
tribal educational agencies with State and local
educational agencies to meet the unique educational and
culturally related academic needs of Indian students.
(b) Definitions.--In this section:
(1) Eligible applicant.--In this section, the term
``eligible applicant'' means--
(A) an Indian tribe or tribal organization
approved by an Indian tribe; or
(B) a tribal educational agency.
(2) Indian tribe.--The term ``Indian tribe'' means
a federally recognized tribe or a State-recognized
tribe.
(3) Tribal educational agency.--The term ``tribal
educational agency'' means the agency, department, or
instrumentality of an Indian tribe that is primarily
responsible for supporting tribal students' elementary
and secondary education.
(c) Grant Program.--The Secretary may award grants to--
(1) eligible applicants described under subsection
(b)(1)(A) to plan and develop a tribal educational
agency, if the tribe or organization has no current
tribal educational agency, for a period of not more
than 1 year; and
(2) eligible applicants described under subsection
(b)(1)(B), for a period of not more than 3 years, in
order to--
(A) directly administer education programs,
including formula grant programs under this
Act, consistent with State law and under a
written agreement between the parties;
(B) build capacity to administer and
coordinate such education programs, and to
improve the relationship and coordination
between such applicants and the State
educational agencies and local educational
agencies that educate students from the tribe;
(C) receive training and support from the
State educational agency and local educational
agency, in areas such as data collection and
analysis, grants management and monitoring,
fiscal accountability, and other areas as
needed;
(D) train and support the State educational
agency and local educational agency in areas
related to tribal history, language, or
culture;
(E) build on existing activities or
resources rather than replacing other funds;
and
(F) carry out other activities, subject to
the approval of the Secretary.
(d) Grant Application.--
(1) In general.--Each eligible applicant desiring a
grant under this section shall submit an application to
the Secretary at such time, in such manner, containing
such information, and consistent with such criteria, as
the Secretary may reasonably prescribe.
(2) Contents.--Each application described in
paragraph (1) shall contain--
(A) a statement describing the activities
to be conducted, and the objectives to be
achieved, under the grant;
(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved; and
(C) for applications for activities under
subsection (c)(2), evidence of--
(i) a preliminary agreement with
the appropriate State educational
agency, 1 or more local educational
agencies, or both the State educational
agency and a local educational agency;
and
(ii) existing capacity as a tribal
educational agency.
(3) Approval.--The Secretary may approve an
application submitted by an eligible applicant under
this subsection only if the Secretary is satisfied that
such application, including any documentation submitted
with the application--
(A) demonstrates that the eligible
applicant has consulted with other education
entities, if any, within the territorial
jurisdiction of the applicant that will be
affected by the activities to be conducted
under the grant;
(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
(C) demonstrates that there will be
adequate resources provided under this section
or from other sources to complete the
activities for which assistance is sought.
(e) Restrictions.--
(1) In general.--A tribe may not receive funds
under this section if such tribe receives funds under
section 1144 of the Education Amendments of 1978.
(2) Direct services.--No funds under this section
may be used to provide direct services.
(f) Supplement, Not Supplant.--Funds under this section
shall be used to supplement, and not supplant, other Federal,
State, and local programs that meet the needs of tribal
students.
* * * * * * *
SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
(1) * * *
* * * * * * *
(b) Duties.--The Council shall--
(1) advise the Secretary and the Secretary of the
Interior concerning the funding and administration
(including the development of regulations and
administrative policies and practices) of any program,
including any program established under this part--
(A) * * *
* * * * * * *
SEC. 7151. DEFINITIONS.
For the purposes of this part:
(1) Adult.-- The term ``adult'' means an individual
who--
(A) * * *
* * * * * * *
(4) Traditional leaders.--The term ``traditional
leaders'' has the meaning given the term in section 103
of the Native American Languages Act (25 U.S.C. 2902).
* * * * * * *
SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Subpart 1.--For the purpose of carrying out subpart 1,
there are authorized to be appropriated [$96,400,000 for fiscal
year 2002 and such sums as may be necessary for each of the 5
succeeding fiscal years]such sums as may be necessary for each
of fiscal years 2016 through 2021.
(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
[$24,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years]such sums
as may be necessary for each of fiscal years 2016 through 2021.
* * * * * * *
PART B--NATIVE HAWAIIAN EDUCATION
This part may be cited as the ``Native Hawaiian Education
Act''.
SEC. 7202. FINDINGS.
Congress finds the following:
(1) * * *
* * * * * * *
[(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive report
on Native Hawaiian education. The report, entitled the
``Native Hawaiian Educational Assessment Project'', was
released in 1983 and documented that Native Hawaiians
scored below parity with regard to national norms on
standardized achievement tests, were disproportionately
represented in many negative social and physical
statistics indicative of special educational needs, and
had educational needs that were related to their unique
cultural situation, such as different learning styles
and low self-image.
[(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988
(102 Stat. 130) to authorize and develop supplemental
educational programs to address the unique conditions
of Native Hawaiians.
[(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native
Hawaiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988, many of the same educational needs
still existed for Native Hawaiians. Subsequent reports
by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings.
For example--
[(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
[(i) late or no prenatal care;
[(ii) high rates of births by
Native Hawaiian women who are
unmarried; and
[(iii) high rates of births to
teenage parents;
[(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
[(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
[(D) both public and private schools
continue to show a pattern of lower percentages
of Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
[(E) Native Hawaiian students continue to
be overrepresented among students qualifying
for special education programs provided to
students with learning disabilities, mild
intellectual disabilities, emotional
impairment, and other such disabilities;
[(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed
four or more years of college;
[(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics indicative of
special educational needs, as demonstrated by
the fact that--
[(i) Native Hawaiian students are
more likely to be retained in grade
level and to be excessively absent in
secondary school;
[(ii) Native Hawaiian students have
the highest rates of drug and alcohol
use in the State of Hawaii; and
[(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
[(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawaii Department of Education, and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
[(17) In the 1998 National Assessment of
Educational Progress, Hawaiian fourth-graders ranked
39th among groups of students from 39 States in
reading. Given that Hawaiian students rank among the
lowest groups of students nationally in reading, and
that Native Hawaiian students rank the lowest among
Hawaiian students in reading, it is imperative that
greater focus be placed on beginning reading and early
education and literacy in Hawaii.
[(18) The findings described in paragraphs (16) and
(17) are inconsistent with the high rates of literacy
and integration of traditional culture and Western
education historically achieved by Native Hawaiians
through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
[(19) Following the overthrow of the Kingdom of
Hawaii in 1893, Hawaiian medium schools were banned.
After annexation, throughout the territorial and
statehood period of Hawaii, and until 1986, use of the
Hawaiian language as an instructional medium in
education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka ``o/lelo
no/ ke ola; I ka ``o/lelo no/ ka make. In the language
rests life; In the language rests death.''.
[(20) Despite the consequences of over 100 years of
nonindigenous influence, 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.
[(21) The State of Hawaii, in the constitution and
statutes of the State of Hawaii--
[(A) reaffirms and protects the unique
right of the Native Hawaiian people to practice
and perpetuate their culture and religious
customs, beliefs, practices, and language;
[(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawaii, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
[(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.]
* * * * * * *
[SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
[(a) Establishment of Native Hawaiian Education Council.--
In order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the ``Education
Council'').
[(b) Composition of Education Council.--The Education
Council shall consist of not more than 21 members, unless
otherwise determined by a majority of the council.
[(c) Conditions and Terms.--
[(1) Conditions.--At least 10 members of the
Education Council shall be Native Hawaiian education
service providers and 10 members of the Education
Council shall be Native Hawaiians or Native Hawaiian
education consumers. In addition, a representative of
the State of Hawaii Office of Hawaiian Affairs shall
serve as a member of the Education Council.
[(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
[(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
[(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
[(d) Native Hawaiian Education Council Grant.--The
Secretary shall make a direct grant to the Education Council to
carry out the following activities:
[(1) Coordinate the educational and related
services and programs available to Native Hawaiians,
including the programs assisted under this part.
[(2) Assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education.
[(3) Provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity.
[(4) Make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
[(e) Additional Duties of the Education Council.--
[(1) In general.--The Education Council shall
provide copies of any reports and recommendations
issued by the Education Council, including any
information that the Education Council provides to the
Secretary pursuant to subsection (i), to the Secretary,
the Committee on Education and the Workforce of the
House of Representatives, and the Committee on Indian
Affairs of the Senate.
[(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
[(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
[(f) Establishment of Island Councils.--
[(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (hereafter in this part
referred to as an ``island council'') for the following
islands:
[(A) Hawaii.
[(B) Maui.
[(C) Molokai.
[(D) Lanai.
[(E) Oahu.
[(F) Kauai.
[(G) Niihau.
[(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least three-fourths of the members of each island
council shall be Native Hawaiians.
[(g) Administrative Provisions Relating to Education
Council and Island Councils.--The Education Council and each
island council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
[(h) Compensation.--Members of the Education Council and
each island council shall not receive any compensation for
service on the Education Council and each island council,
respectively.
[(i) Report.--Not later than 4 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.]
SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.
(a) Grant Authorized.--In order to better effectuate the
purposes of this part through the coordination of educational
and related services and programs available to Native
Hawaiians, including those programs that receive funding under
this part, the Secretary shall award a grant to the education
council described under subsection (b).
(b) Education Council.--
(1) Eligibility.--To be eligible to receive the
grant under subsection (a), the council shall be an
education council (referred to in this section as the
`Education Council') that meets the requirements of
this subsection.
(2) Composition.--The Education Council shall
consist of 15 members, of whom--
(A) 1 shall be the President of the
University of Hawaii (or a designee``(B) 1
shall be the Governor of the State of Hawaii
(or a designee);
(C) 1 shall be the Superintendent of the
State of Hawaii Department of Education (or a
designee);
(D) 1 shall be the chairperson of the
Office of Hawaiian Affairs (or a designee);
(E) 1 shall be the executive director of
Hawaii's Charter School Network (or a
designee);
(F) 1 shall be the chief executive officer
of the Kamehameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer
of the Queen Liliuokalani Trust (or a
designee);
(H) 1 shall be a member, selected by the
other members of the Education Council, who
represents a private grant-making entity;
(I) 1 shall be the Mayor of the County of
Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County (or
a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County of
Kauai (or a designee);
(L) 1 shall be appointed by the Mayor of
Maui County from the Island of Molokai or the
Island of 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
direct recipient or administrator 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 Chairperson and a Vice-Chairperson
from among the members of the Education
Council.
(B) Term limits.--The Chairperson and Vice-
Chairperson 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 Chairperson of the Council, or upon request by a
majority of the members of the Education Council, but
in any event not less often than every 120 days.
(8) No compensation.--None of the funds made
available through the grant may be used to provide
compensation to any member of the Education Council or
member of a working group established by the Education
Council, for functions described in this section.
(c) Use of Funds for Coordination Activities.--The
Education Council shall use funds made available through a
grant under subsection (a) to carry out each of the following
activities:
(1) Providing advice about the coordination of, and
serving as a clearinghouse for, the educational and
related services and programs available to Native
Hawaiians, including the programs assisted under this
part.
(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and
collecting data on the status of Native Hawaiian
education.
(3) Providing direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serving, where appropriate, in
an advisory capacity.
(4) Awarding grants, if such grants enable the
Education Council to carry out the activities described
in paragraphs (1) through (3).
(5) Hiring an executive director who shall assist
in executing the duties and powers of the Education
Council, as described in subsection (d).
(d) Use of Funds for Technical Assistance.--The Education
Council shall use funds made available through a grant under
subsection (a) to--
(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees
under this part;
(2) obtain from such grantees information and data
regarding grants awarded under this part, including
information and data about--
(A) the effectiveness of such grantees in
meeting the educational priorities established
by the Education Council, as described in
paragraph (6)(D), using metrics related to
these priorities; and
(B) the effectiveness of such grantees in
carrying out any of the activities described in
paragraphs (2) and (3) of section 7205(a) that
are related to the specific goals and purposes
of each grantee's grant project, using metrics
related to these priorities;
(3) assess and define the educational needs of
Native Hawaiians;
(4) assess the programs and services available to
address the educational needs of Native Hawaiians;
(5) assess and evaluate the individual and
aggregate impact achieved by grantees under this part
in improving Native Hawaiian educational performance
and meeting the goals of this part, using metrics
related to these goals; and
(6) prepare and submit to the Secretary, at the end
of each calendar year, an annual report that contains--
(A) a description of the activities of the
Education Council during the calendar year;
(B) a description of significant barriers
to achieving the goals of this part;
(C) a summary of each community
consultation session described in subsection
(e); and
(D) recommendations to establish priorities
for funding under this part, based on an
assessment of--
(i) the educational needs of Native
Hawaiians;
(ii) programs and services
available to address such needs;
(iii) the effectiveness of programs
in improving the educational
performance of Native Hawaiian students
to help such students meet challenging
State academic standards under section
1111(b)(1); and
(iv) priorities for funding in
specific geographic communities.
(e) Use of Funds for Community Consultations.--The
Education Council shall use funds made available through the
grant under subsection (a) to hold not less than 1 community
consultation each year on each of the islands of Hawaii, Maui,
Molokai, Lanai, Oahu, and Kauai, at which--
(1) not less than 3 members of the Education
Council shall be in attendance;
(2) the Education Council shall gather community
input regarding--
(A) current grantees under this part, as of
the date of the consultation;
(B) priorities and needs of Native
Hawaiians; and
(C) other Native Hawaiian education issues;
and
(3) the Education Council shall report to the
community on the outcomes of the activities supported
by grants awarded under this part.
(f) Funding.--For each fiscal year, the Secretary shall use
the amount described in section 7205(c)(2), to make a payment
under the grant. Funds made available through the grant shall
remain available until expended.
* * * * * * *
SEC. 7205. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
(A) * * *
* * * * * * *
(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; [and]
(D) charter schools; and
[(D)](E) consortia of the organizations,
agencies, and institutions described in
subparagraphs (A) through (C),
to carry out programs that meet the purposes of this
part.
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section and section 7204
such sums as may be necessary [for fiscal year 2002 and
each of the 5 succeeding fiscal years]for each of
fiscal years 2016 through 2021.
(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve $500,000
[for fiscal year 2002 and each of the 5 succeeding
fiscal years] for each of fiscal years 2016 through
2021 to make a direct grant to the Education Council to
carry out section 7204.
(3) Availability.-- * * *
* * * * * * *
SEC. 7207. DEFINITIONS.
In this part:
(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.
(1)(2) Native hawaiian.--The term ``Native
Hawaiian'' means any individual who is--
(A) * * *
* * * * * * *
(2)(3) Native hawaiian community-based
organization.--* * *
(3)(4) Native hawaiian educational organization.--
The term ``Native Hawaiian educational organization''
means a private nonprofit organization that--
(A) * * *
* * * * * * *
(4)(5) Native hawaiian language.--* * *
(5)(6) Native hawaiian organization.--The term
``Native Hawaiian organization'' means a private
nonprofit organization that--
(A) * * *
* * * * * * *
(6)(7) Office of hawaiian affairs.--* * *
* * * * * * *
PART C--ALASKA NATIVE EDUCATION
* * * * * * *
SEC. 7302. FINDINGS.
Congress finds and declares the following:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being, and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized in this part, combined
with expanded Head Start, infant learning, and early
childhood education programs, and parent education
programs, are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural Alaska and Alaska villages should be addressed
through the development and implementation of
innovative, model programs in a variety of areas.
[(7) Native children should be afforded the
opportunity to begin their formal education on a par
with their non-Native peers. The Federal Government
should lend support to efforts developed by and
undertaken within the Alaska Native community to
improve educational opportunity for all students.]
(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 subpart 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 subpart 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.
(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.
[(3) To supplement existing programs and
authorities in the area of education to further the
purposes of this part.]
[(2)](4) To authorize the development [of
supplemental educational programs to benefit Alaska
Natives.]of supplemental educational programs to
benefit Alaska Native peoples.
[(4)](5) * * *
(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 Native students,
and to ensure Alaska Native tribes and tribal
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.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, cultural and community-based
organizations with experience in developing or
operating programs to benefit Alaska Natives, and
consortia of organizations and entities described in
this paragraph to carry out programs that meet the
purposes of this part.
[(2) Permissible activities.--Activities provided
through programs carried out under this part may
include the following:
[(A) The development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives.
[(B) The development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including the following:
[(i) Curriculum materials that
reflect the cultural diversity or the
contributions of Alaska Natives.
[(ii) Instructional programs that
make use of Native Alaskan languages.
[(iii) Networks that introduce
successful programs, materials, and
techniques to urban and rural schools.
[(C) Professional development activities
for educators, including the following:
[(i) Programs to prepare teachers
to address the cultural diversity and
unique needs of Alaska Native students.
[(ii) In-service programs to
improve the ability of teachers to meet
the unique needs of Alaska Native
students.
[(iii) Recruitment and preparation
of teachers who are Alaska Native,
reside in communities with high
concentrations of Alaska Native
students, or are likely to succeed as
teachers in isolated, rural communities
and engage in cross-cultural
instruction in Alaska.
[(D) The development and operation of home
instruction programs for Alaska Native
preschool children, to ensure the active
involvement of parents in their children's
education from the earliest ages.
[(E) Family literacy services.
[(F) The development and operation of
student enrichment programs in science and
mathematics that--
[(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
[(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
and
[(iii) may include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and seniors.
[(G) Research and data collection
activities to determine the educational status
and needs of Alaska Native children and adults.
[(H) Other research and evaluation
activities related to programs carried out
under this part.
[(I) Remedial and enrichment programs to
assist Alaska Native students in performing at
a high level on standardized tests.
[(J) Education and training of Alaska
Native students enrolled in a degree program
that will lead to certification or licensing as
teachers.
[(K) Parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including
skills relating to discipline and cognitive
development), including parenting education
provided through in-home visitation of new
mothers.
[(L) Cultural education programs operated
by the Alaska Native Heritage Center and
designed to share the Alaska Native culture
with students.
[(M) A cultural exchange program operated
by the Alaska Humanities Forum and designed to
share Alaska Native culture with urban students
in a rural setting, which shall be known as the
Rose Cultural Exchange Program.
[(N) Activities carried out through Even
Start programs carried out under subpart 3 of
part B of title I and Head Start programs
carried out under the Head Start Act, including
the training of teachers for programs described
in this subparagraph.
[(O) Other early learning and preschool
programs.
[(P) Dropout prevention programs operated
by the Cook Inlet Tribal Council's Partners for
Success program.
[(Q) An Alaska Initiative for Community
Engagement program.
[(R) 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.
[(S) Provision of operational support and
purchasing of equipment, to develop regional
vocational schools in rural areas of Alaska,
including boarding schools, for Alaska Native
students in grades 9 through 12, or at higher
levels of education, to provide the students
with necessary resources to prepare for skilled
employment opportunities.
[(T) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
[(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include the following:
[(A) Programs for parents and their
infants, from the prenatal period of the infant
through age 3.
[(B) Preschool programs.
[(C) Training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
[(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
[(c) Priorities.--In awarding grants or contracts to carry
out activities described in subsection (a)(2), except for
activities listed in subsection (d)(2), the Secretary shall
give priority to applications from Alaska Native regional
nonprofit organizations, or consortia that include at least one
Alaska Native regional nonprofit organization.
[(d) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Availability of funds.--Of the funds
appropriated and made available under this section for
a fiscal year, the Secretary shall make available--
[(A) not less than $1,000,000 to support
activities described in subsection (a)(2)(K);
[(B) not less than $1,000,000 to support
activities described in subsection (a)(2)(L);
[(C) not less than $1,000,000 to support
activities described in subsection (a)(2)(M);
[(D) not less than $2,000,000 to support
activities described in subsection (a)(2)(P);
and
[(E) not less than $2,000,000 to support
activities described in subsection (a)(2)(Q).]
SEC. 7304. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Indian tribes or tribal organizations that are in
partnership with a State educational agency or a local
educational agency to carry out programs that meet the
purposes of this subpart, or with Indian tribes or
tribal organizations that operate programs that fulfill
the purposes under this subpart.
(2) Mandatory activities.--Activities provided
through the programs carried out under this part shall
include the following:
(A) The development and implementation of
plans, methods, strategies and activities to
improve the educational outcomes of Alaska
Native peoples.
(B) The collection of data to assist in the
evaluation of the programs carried out under
this subpart.
(3) Permissible activities.--Activities provided
through programs carried out under this subpart may
include the following:
(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, and 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
and teaching methods.
(ii) Recruitment and preparation of
teachers who are Alaska Native.
(iii) Programs that will lead to
the certification and licensing of
Alaska Native teachers, principals,
other school leaders, and
superintendents.
(C) Early childhood and parenting education
activities designed to improve the school
readiness of Alaska Native children,
including--
(i) the development and operation
of home visiting programs for Alaska
Native preschool children, to ensure
the active involvement of parents in
their children's education from the
earliest ages;
(ii) training, education, and
support, including in-home visitation,
for parents and caregivers of Alaska
Native children to improve parenting
and caregiving skills (including skills
relating to discipline and cognitive
development, reading readiness,
observation, storytelling, and critical
thinking);
(iii) family literacy services;
(iv) activities carried out under
the Head Start Act;
(v) programs for parents and their
infants, from the prenatal period of
the infant through age 3;
(vi) early childhood education
programs; and
(vii) Native language immersion
within early childhood, Head Start, or
preschool programs.
(D) 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.
(E) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults and other
such research and evaluation activities related
to programs funded under this subpart.
(F) Activities designed to increase Alaska
Native students' graduation rates and assist
Alaska Native students to be prepared for
postsecondary education or the workforce
without the need for postsecondary remediation,
such as--
(i) remedial and enrichment
programs;
(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 and teachers,
and the larger community;
(II) instructing Alaska
Native youth in leadership,
communication, Native culture,
arts, and languages;
(III) inter-generational
learning and internship
opportunities to Alaska Native
youth and young adults;
(IV) cultural immersion
activities;
(V) culturally informed
curriculum intended to preserve
and promote Alaska Native
culture;
(VI) Native language
instruction and immersion
activities;
(VII) school-within-a-
school model programs; and
(VIII) college preparation
and career planning; and
(iii) holistic school or community-
based support services to enable such
students to benefit from the
supplemental programs offered,
including those that address family
instability, school climate, trauma,
safety, and nonacademic learning.
(G) The establishment or operation of
Native language immersion nests or schools.
(H) Student and teacher exchange programs,
cross-cultural immersion programs, and culture
camps designed to build mutual respect and
understanding among participants.
(I) 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.
(J) Strategies designed to increase
parents' involvement in their children's
education.
(K) 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--
(i) strength-based approaches to
child and youth development;
(ii) positive youth-adult
relationships; and
(iii) improved conditions for
learning (school climate, student
connection to school and community),
and increased connections between
schools and families.
(L) 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.
(M) Provision of operational support and
purchasing of equipment, to develop regional
vocational schools in rural areas of Alaska,
including boarding schools, for Alaska Native
students in grades 9 through 12, or at higher
levels of education, to provide the students
with necessary resources to prepare for skilled
employment opportunities.
(N) Regional leadership academies that
demonstrate effectiveness in building respect
and understanding, and fostering a sense of
Alaska Native identity to promote their pursuit
of and success in completing higher education
or career training.
(O) Other activities, consistent with the
purposes of this subpart, to meet the
educational needs of Alaska Native children and
adults.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2016 through 2021.
* * * * * * *
[SEC. 7305. 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 in such form, in such manner, and
containing such information as the Secretary may determine
necessary to carry out the provisions of this part.
[(b) Applications.--A State educational agency or local
educational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
[(c) 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.
[(d) 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.]
SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES.
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.
* * * * * * *
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 (43
U.S.C. 1602(b)) and includes the descendants of
individuals so defined.
(2) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, and another organization that--
(A) * * *
* * * * * * *
(3) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act.
(4) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section 4 of the Indian Self-Determination and
Education Assistance Act.
* * * * * * *
PART D--NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS
AND PROGRAMS
SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION
SCHOOLS.
(a) Purposes.--The purposes of this section are--
(1) to establish a grant program to support schools
that use Native American and Alaska Native languages as
the primary language of instruction;
(2) to maintain, protect, and promote the rights
and freedom of Native Americans and Alaska Natives to
use, practice, maintain, and revitalize their
languages, as envisioned in the Native American
Languages Act (25 U.S.C. 2901 et seq.); and
(3) to support the Nation's First Peoples' efforts
to maintain and revitalize their languages and
cultures, and to improve student outcomes within Native
American and Alaska Native communities.
(b) Definition.--In this part, the term ``Native American''
has the meaning given the term in section 103 of the Native
American Languages Act (25 U.S.C. 2902).
(c) Program Authorized.--
(1) In general.--From the amounts made available to
carry out this part, the Secretary may award grants to
eligible entities to develop and maintain, or to
improve and expand, programs that support schools,
including prekindergarten through postsecondary
education sites and streams, using Native American and
Alaska Native languages as the primary language of
instruction.
(2) Eligible entities.--In this section, the term
``eligible entity'' means any of the following entities
that has a plan to develop and maintain, or to improve
and expand, programs that support the entity's use of
Native American or Alaska Native languages as the
primary language of instruction:
(A) An Indian tribe.
(B) A Tribal College or University (as
defined in section 316 of the Higher Education
Act of 1965).
(C) A tribal education agency.
(D) A public elementary school or secondary
school (including a public charter school).
(E) A school operated by the Bureau of
Indian Education.
(F) An Alaska Native Regional Corporation
(as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).
(G) A private, tribal, or Alaska Native
nonprofit organization.
(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 containing such information as the
Secretary may require, including the following:
(A) The name of the Native American or
Alaska Native language to be used for
instruction at the school supported by the
eligible entity.
(B) The number of students attending such
school.
(C) The number of present hours of
instruction in or through 1 or more Native
American or Alaska Native languages being
provided to targeted students at such school,
if any.
(D) A description of how the applicant
will--
(i) use the funds provided to meet
the purposes of this part;
(ii) implement the activities
described in subsection (f);
(iii) ensure the implementation of
rigorous academic content; and
(iv) ensure that students progress
towards high-level fluency goals.
(E) Information regarding the school's
organizational governance or affiliations,
including information about--
(i) the school governing entity
(such as a local educational agency,
tribal education agency or department,
charter organization, private
organization, or other governing
entity);
(ii) the school's accreditation
status;
(iii) any partnerships with
institutions of higher education; and
(iv) any indigenous language
schooling and research cooperatives.
(F) An assurance that--
(i) the school is engaged in
meeting State or tribally designated
proficiency levels for students, as may
be required by applicable Federal,
State, or tribal law;
(ii) the school provides
assessments of students using the
Native American or Alaska Native
language of instruction, where
possible;
(iii) the qualifications of all
instructional and leadership personnel
at such school is sufficient to deliver
high quality education through the
Native American or Alaska Native
language used in the school; and
(iv) the school will collect and
report to the public data relative to
student achievement and, if
appropriate, rates of high school
graduation, career readiness, and
enrollment in postsecondary education
or job training programs, of students
who are enrolled in the school's
programs.
(2) Limitation.--The Secretary shall not give a
priority in awarding grants under this part based on
the information described in paragraph (1)(E).
(3) Submission of certification.--
(A) In general.--An eligible entity that is
a public elementary school or secondary school
(including a public charter school) or a non-
tribal for-profit or nonprofit organization
shall submit, along with the application
requirements described in paragraph (1), a
certification described in subparagraph (B)
indicating that the school has the capacity to
provide education primarily through a Native
American or Alaska Native language and that
there are sufficient speakers of the target
language at the school or available to be hired
by the school.
(B) Certification.--The certification
described in subparagraph (A) shall be from one
of the following entities, on whose land the
school is located, that is an entity served by
such school, or that is an entity whose members
(as defined by that entity) are served by the
school:
(i) A Tribal College or University.
(ii) A federally recognized Indian
tribe or tribal organization.
(iii) An Alaska Native Regional
Corporation or an Alaska Native
nonprofit organization.
(iv) A Native Hawaiian
organization.
(e) Awarding of Grants.--In awarding grants under this
section, the Secretary shall--
(1) determine the amount of each grant and the
duration of each grant, which shall not exceed 3 years;
and
(2) ensure, to the maximum extent feasible, that
diversity in languages is represented.
(f) Activities Authorized.--
(1) Required activities.--An eligible entity that
receives a grant under this section shall use such
funds to carry out the following activities:
(A) Supporting Native American or Alaska
Native language education and development.
(B) Providing professional development for
teachers and, as appropriate, staff and
administrators to strengthen the overall
language and academic goals of the school that
will be served by the grant program.
(C) Carrying out other activities that
promote the maintenance and revitalization of
the Native American or Alaska Native language
relevant to the grant program.
(2) Allowable activities.--An eligible entity that
receives a grant under this section may use such funds
to carry out the following activities:
(A) Developing or refining curriculum,
including teaching materials and activities, as
appropriate.
(B) Creating or refining assessments
written in the Native American or Alaska Native
language of instruction that measure student
proficiency and that are aligned with State or
tribal academic standards.
(g) Report to Secretary.--Each eligible entity that
receives a grant under this part shall provide an annual report
to the Secretary in such form and manner as the Secretary may
require.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal years 2016 through 2021.
* * * * * * *
PUBLIC LAW 112-239
* * * * * * *
SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM
National Defense Authorization Act for Fiscal Year 2013
(a) Short Title.--This section may be cited as the ``Impact
Aid Improvement Act of 2012''.
(b) * * *
(c) Effective Date, Implementation, and Repeal.--
[(1) In general.--The amendments made by subsection
(b) other than the amendment made by paragraph (3)(A)
of such subsection) shall be effective for a [2-year]5-
year period beginning on the date of enactment of this
Act.]
[(2)](1) Effective date.--Notwithstanding section
8005(d) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7705 (d)), subsection (b)(1), and
the amendments made by subsection (b)(1), shall take
effect with respect to applications submitted under
section 8002 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.
[(3)](2) Implementation.--The Secretary of
Education shall carry out the amendments made by this
section without regard to the rulemaking procedures
under section 553 of title 5, United States Code.
[(4) Repeal.--The amendments made by subsection (b)
(other than the amendment made by paragraph (3)(A) of
such subsection) shall be repealed on the day after the
[2-year]5-year period described in paragraph (1) and
title VIII of the Elementary and Secondary Act of 1965
(20 U.S.C. 7701 et seq.) shall be applied as if such
subsection and the amendments made by such subsection
(other than the amendment made by paragraph (3)(A) of
such subsection) had never been enacted.]
* * * * * * *
TITLE VIII--IMPACT AID
SEC. 8001. PURPOSE.
In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally
connected children in a manner that promotes control by local
educational agencies with little or no Federal or State
involvement, because certain activities of the Federal
Government, such as activities to fulfill the responsibilities
of the Federal Government with respect to Indian tribes and
activities under section 511 of the Servicemembers Civil Relief
Act, place a financial burden on the local educational agencies
serving areas where such activities are carried out, and to
help such children meet [challenging State standards]the same
challenging State academic standards, it is the purpose of this
title to provide financial assistance to local educational
agencies that--
(1) * * *
* * * * * * *
SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines--
(1) * * *
* * * * * * *
(b) Amount.--
(1) In general.-- * * *
* * * * * * *
(3) Determination of taxable value for eligible
federal property.--
(A) In general.--In determining the
estimated taxable value of such acquired
Federal property for fiscal year 2010 and each
succeeding fiscal year, the Secretary shall--
(i) * * *
* * * * * * *
[(B) Special rule.--In the case of Federal
property eligible under this section that is
within the boundaries of 2 or more local
educational agencies, such a local educational
agency may ask the Secretary to calculate the
per acre value of each such local educational
agency as provided under subparagraph (A) and
apply the average of these per acre values to
the acres of the Federal property in such
agency.]
(B) Special rule.--In the case of Federal
property eligible under this section that is
within the boundaries of 2 or more local
educational agencies that are eligible under
this section, any of such agencies may ask the
Secretary to calculate (and the Secretary shall
calculate) the taxable value of the eligible
Federal property that is within its boundaries
by--
(i) first calculating the per-acre
value of the eligible Federal property
separately for each eligible local
educational agency that shared the
Federal property, as provided in
subparagraph (A)(ii);
(ii) then averaging the resulting
per-acre values of the eligible Federal
property from each eligible local
educational agency that shares the
Federal property; and
(iii) then applying the average
per-acre value to determine the total
taxable value of the eligible Federal
property under subparagraph (A)(iii)
for the requesting local educational
agency.
* * * * * * *
(e) Local Educational Agency Containing Forest Service Land
and Serving Certain Counties.-- * * *
(1) Acreage and acquisition by the forest
service.--* * *
(2) County charter.--The local educational agency
serves a county chartered under State law in 1875 or
1890.
For each fiscal year beginning with fiscal year 2015, the
Secretary shall treat local educational agencies chartered in
1871 having more than 70 percent of the county in Federal
ownership as meeting the eligibility requirements of
subparagraphs (A) and (C) of subsection (a)(1). For each fiscal
year beginning with fiscal year 2015, the Secretary shall treat
local educational agencies that serve a county chartered or
formed in 1734 having more than 24 percent of the county in
Federal ownership as meeting the eligibility requirements of
subparagraphs (A) and (C) of subsection (a)(1).
[(f) Special Rule.--(1) Beginning with fiscal year 1994,
and notwithstanding any other provision of law limiting the
period during which fiscal year 1994 funds may be obligated,
the Secretary shall treat the local educational agency serving
the Wheatland R-II School District, Wheatland, Missouri, as
meeting the eligibility requirements of section 2(a)(1)(C) of
the Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) (20
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).
[(2) For each fiscal year beginning with fiscal
year 1999, the Secretary shall treat the Webster School
District, Day County, South Dakota as meeting the
eligibility requirements of subsection (a)(1)(C) of
this section.
[(3)\45\ For each fiscal year beginning with fiscal
year 2000, the Secretary shall treat the Central Union,
California; Island, California; Hill City, South
Dakota; and Wall, South Dakota local educational
agencies as meeting the eligibility requirements of
subsection (a)(1)(C) of this section.
[(4) For the purposes of payments under this
section for each fiscal year beginning with fiscal year
2000, the Secretary shall treat the Hot Springs, South
Dakota local educational agency as if it had filed a
timely application under section 8002 of the Elementary
and Secondary Education Act of 1965 for fiscal year
1994 if the Secretary has received the fiscal year 1994
application, as well as Exhibits A and B not later than
December 1, 1999.
[(5) For purposes of payments under this section
for each fiscal year beginning with fiscal year 2000,
the Secretary shall treat the Hueneme, California local
educational agency as if it had filed a timely
application under section 8002 of the Elementary and
Secondary Education Act of 1965 if the Secretary has
received the fiscal year 1995 application not later
than December 1, 1999.]
(f) Special Rule.--Beginning with fiscal year 2015, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if the agency was eligible under paragraph
(1) or (3) of this subsection, as such subsection was in effect
on the day before the date of enactment of the Every Child
Achieves Act of 2015.
* * * * * * *
(h) Payments With Respect to Fiscal Years in Which
Insufficient Funds Are Appropriated.--For any fiscal year for
which the amount appropriated under section 8014(a) is
insufficient to pay to each eligible local educational agency
the full amount determined under subsection (b), the Secretary
shall make payments to each local educational agency under this
section as follows:
(1) Foundation payments for pre-2010 recipients.--
(A) In general.-- * * *
* * * * * * *
(4) Data.--[For each local educational agency that
received a payment under this section for fiscal year
2010 through the fiscal year in which the Impact Aid
Improvement Act of 2012 is enacted]For each local
educational agency that received a payment under this
section for fiscal year 2010 or any succeeding fiscal
year, the Secretary shall not make a payment under
paragraph (3) to a local educational agency that fails
to submit, within 60 days of the date the Secretary
notifies the agency that the information is needed, the
data necessary to calculate the maximum amount of a
payment under subsection (b) for that local educational
agency.
* * * * * * *
[(k) Special Rule.--For purposes of payments under this
section for each fiscal year beginning with fiscal year 1998--
[(1) the Secretary shall, for the Stanley County,
South Dakota local educational agency, calculate
payments as if subsection (e) had been in effect for
fiscal year 1994; and
[(2) the Secretary shall treat the Delaware Valley,
Pennsylvania local educational agency as if it had
filed a timely application under section 2 of Public
Law 81-874 for fiscal year 1994.]
[(l)](j) Prior Year Data.--Notwithstanding any other
provision of this section, in determining the eligibility of a
local educational agency for a payment under subsection (b) or
(h)(4)(B) of this section for a fiscal year, and in calculating
the amount of such payment, the Secretary--
(1) * * *
* * * * * * *
[(m)](k) Eligibility.--
(1) Old federal property.-- * * *
* * * * * * *
[(n)](l) Loss of Eligibility.--
(1) In general.-- * * *
* * * * * * *
SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--
(1) In general.-- * * *
* * * * * * *
(5) Military ``build to lease'' program housing.--
(A) In general.--For purposes of computing
the amount of payment for a local educational
agency for children identified under paragraph
(1), the Secretary shall consider children
residing in housing initially acquired or
constructed under the former section 2828(g) of
title 10, United States Code (commonly known as
the ``Build to Lease'' program), as added by
section 801 of the Military Construction
Authorization Act, 1984, [to be children
described under paragraph (1)(B) if the
property described is within the fenced
security perimeter of the military facility
upon which such housing is situated.]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) Additional requirements.--If the
property described in subparagraph (A) is not
owned by the Federal Government, is subject to
taxation by a State or political subdivision of
a State, and thereby generates revenues for a
local educational agency that is applying to
receive a payment under this section, then the
Secretary--
(i) * * *
* * * * * * *
(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
(1) Basic support payments.--
(A) In general.-- * * *
* * * * * * *
[(E) Special rule.--For purposes of
determining the comparable local contribution
rate under subparagraph (C)(iii) for a local
educational agency described in section
222.39(c)(3) of title 34, Code of Federal
Regulations, that had its comparable local
contribution rate for fiscal year 1998
calculated pursuant to section 222.39 of title
34, Code of Federal Regulations, the Secretary
shall determine such comparable local
contribution rate as the rate upon which
payments under this subsection for fiscal year
2000 were made to the local educational agency
adjusted by the percentage increase or decrease
in the per pupil expenditure in the State
serving the local educational agency calculated
on the basis of the second most recent
preceding school year compared to the third
most recent preceding school year for which
school year data are available.]
(F)(E) Increase in local contribution rate
due to unusual geographic factors.-- * * *
(G)(F) * * *
(2) Basic Support Payments for Heavily Impacted
Local Educational Agencies.--
(A) In general.--(i) * * *
* * * * * * *
[(B) Eligibility for continuing heavily
impacted local educational agencies.--
[(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) received an additional
assistance payment under
subsection (f) (as such
subsection was in effect on the
day before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000)
for fiscal year 2000; and
[(II)(aa) is a local
educational agency whose
boundaries are the same as a
Federal military installation;
[(bb) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
35 percent, has a per-pupil
expenditure that is less than
the average per-pupil
expenditure of the State in
which the agency is located or
the average per-pupil
expenditure of all States
(whichever average per-pupil
expenditure is greater), except
that a local educational agency
with a total student enrollment
of less than 350 students shall
be deemed to have satisfied
such per-pupil expenditure
requirement, and has a tax rate
for general fund purposes which
is not less than 95 percent of
the average tax rate for
general fund purposes of local
educational agencies in the
State;
[(cc) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
30 percent, and 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;
[(dd) has a total student
enrollment of not less than
25,000 students, of which not
less than 50 percent are
children described in
subsection (a)(1) and not less
than 6,000 of such children are
children described in
subparagraphs (A) and (B) of
subsection (a)(1); or
[(ee) meets the
requirements of subsection
(f)(2) applying the data
requirements of subsection
(f)(4) (as such subsections
were in effect on the day
before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000).
[(ii) Loss of eligibility.--A
heavily impacted local educational
agency that met the requirements of
clause (i) for a fiscal year shall be
ineligible to receive a basic support
payment under subparagraph (A) if the
agency fails to meet the requirements
of clause (i) for a subsequent fiscal
year, except that such agency shall
continue to receive a basic support
payment under this paragraph for the
fiscal year for which the ineligibility
determination is made.
[(iii) Resumption of eligibility.--
A heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency meets
the requirements of clause (i) for that
subsequent fiscal year, except that
such agency shall not receive a basic
support payment under this paragraph
until the fiscal year succeeding the
fiscal year for which the eligibility
determination is made.
[(C) Eligibility for new heavily impacted
local educational agencies.--
[(i) In general.--A heavily
impacted local educational agency that
did not receive an additional
assistance payment under subsection (f)
(as such subsection was in effect on
the day before the date of the
enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal
year 2000 is eligible to receive a
basic support payment under
subparagraph (A) for fiscal year 2002
and any subsequent fiscal year with
respect to a number of children
determined under subsection (a)(1) only
if the agency is a local educational
agency whose boundaries are the same as
a Federal military installation (or if
the agency is a qualified local
educational agency as described in
clause (iv)), or the agency--
[(I) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that--
[(aa) is not less
than 50 percent if such
agency receives a
payment on behalf of
children described in
subparagraphs (F) and
(G) of such subsection;
or
[(bb) is not less
than 40 percent if such
agency does not receive
a payment on behalf of
such children;
[(II)(aa) for a local
educational agency that has a
total student enrollment of 350
or more students, has a per-
pupil expenditure that is less
than the average per-pupil
expenditure of the State in
which the agency is located; or
[(bb) for a local
educational agency that has a
total student enrollment of
less than 350 students, has a
per-pupil expenditure that is
less than the average per-pupil
expenditure of a comparable
local education agency or three
comparable local educational
agencies in the State in which
the local educational agency is
located; and
[(III) has a tax rate for
general fund purposes that is
at least 95 percent of the
average tax rate for general
fund purposes of comparable
local educational agencies in
the State.
[(ii) Resumption of eligibility.--A
heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency is a
local educational agency whose
boundaries are the same as a Federal
military installation (or if the agency
is a qualified local educational agency
as described in clause (iv)), or meets
the requirements of clause (i), for
that subsequent fiscal year, except
that such agency shall continue to
receive a basic support payment under
this paragraph for the fiscal year for
which the ineligibility determination
is made.
[(iii) Application.--With respect
to the first fiscal year for which a
heavily impacted local educational
agency described in clause (i) applies
for a basic support payment under
subparagraph (A), or with respect to
the first fiscal year for which a
heavily impacted local educational
agency applies for a basic support
payment under subparagraph (A) after
becoming ineligible under clause (i)
for 1 or more preceding fiscal years,
the agency shall apply for such payment
at least 1 year prior to the start of
that first fiscal year.
[(iv) Qualified local educational
agency.--A qualified local educational
agency described in this clause is an
agency that meets the following
requirements:
[(I) The boundaries of the
agency are the same as island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government.
[(II) The agency has no
taxing authority.
[(III) The agency received
a payment under paragraph (1)
for fiscal year 2001.
[(D) Maximum amount for regular heavily
impacted local educational agencies.--(i)
Except as provided in subparagraph (E), the
maximum amount that a heavily impacted local
educational agency is eligible to receive under
this paragraph for any fiscal year is the sum
of the total weighted student units, as
computed under subsection (a)(2) and subject to
clause (ii), multiplied by the greater of--
[(I) four-fifths of the average
per-pupil expenditure of the State in
which the local educational agency is
located for the third fiscal year
preceding the fiscal year for which the
determination is made; or
[(II) four-fifths of the average
per-pupil expenditure of all of the
States for the third fiscal year
preceding the fiscal year for which the
determination is made.
[(ii)(I) 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), the Secretary shall
calculate the weighted student units of such
children for purposes of subsection (a)(2) by
multiplying the number of such children by a
factor of 0.55.
[(II) For a local educational agency that
has an enrollment of 100 or fewer children
described in subsection (a)(1), the Secretary
shall calculate the total number of weighted
student units for purposes of subsection (a)(2)
by multiplying the number of such children by a
factor of 1.75.
[(III) For a local educational agency that
does not qualify under (B)(i)(II)(aa) of this
subsection and has an enrollment of more than
100 but not more than 1,000 children described
in subsection (a)(1), the Secretary shall
calculate the total number of weighted student
units for purposes of subsection (a)(2) by
multiplying the number of such children by a
factor of 1.25.
[(E) Maximum amount for large heavily
impacted local educational agencies.--(i)(I)
Subject to clause (ii), the maximum amount that
a heavily impacted local educational agency
described in subclause (II) is eligible to
receive under this paragraph for any fiscal
year shall be determined in accordance with the
formula described in paragraph (1)(C).
[(II) A heavily impacted local educational
agency described in this subclause is a local
educational agency that has a total student
enrollment of not less than 25,000 students, of
which not less than 50 percent are children
described in subsection (a)(1) and not less
than 6,000 of such children are children
described in subparagraphs (A) and (B) of
subsection (a)(1).
[(ii) For purposes of calculating the
maximum amount described in clause (i), the
factor used in determining the weighted student
units under subsection (a)(2) with respect to
children described in subparagraphs (A) and (B)
of subsection (a)(1) shall be 1.35.
[(F) Data.--For purposes of providing
assistance under this paragraph the Secretary--
[(i) shall use student, revenue,
expenditure, and tax data from the
third fiscal year preceding the fiscal
year for which the local educational
agency is applying for assistance under
this paragraph; and
[(ii) except as provided in
subparagraph (C)(i)(I), shall include
all of the children described in
subparagraphs (F) and (G) of subsection
(a)(1) enrolled in schools of the local
educational agency in determining (I)
the eligibility of the agency for
assistance under this paragraph, and
(II) the amount of such assistance if
the number of such children meet the
requirements of subsection (a)(3).
[(G) Determination of average tax rates for
general fund purposes.--For the purpose of
determining average tax rates for general fund
purposes for local educational agencies in a
State under this paragraph (except under
subparagraph (C)(i)(II)(bb)), the Secretary
shall use either--
[(i) the average tax rate for
general fund purposes for comparable
local educational agencies, as
determined by the Secretary in
regulations; or
[(ii) the average tax rate of all
the local educational agencies in the
State.
[(H) Eligibility for heavily impacted local
educational agencies affected by privatization
of military housing.--
[(i) Eligibility.--For any fiscal
year, a heavily impacted local
educational agency that received a
basic support payment under this
paragraph for the prior fiscal year,
but is ineligible for such payment for
the current fiscal year under
subparagraph (B), (C), (D), or (E), as
the case may be, by reason of the
conversion of military housing units to
private housing described in clause
(iii), shall be deemed to meet the
eligibility requirements under
subparagraph (B) or (C), as the case
may be, for the period during which the
housing units are undergoing such
conversion.
[(ii) Amount of payment.--The
amount of a payment to a heavily
impacted local educational agency for a
fiscal year by reason of the
application of clause (i), and
calculated in accordance with
subparagraph (D) or (E), as the case
may be, shall be based on the number of
children in average daily attendance in
the schools of such agency for the
fiscal year and under the same
provisions of subparagraph (D) or (E)
under which the agency was paid during
the prior fiscal year.
[(iii) Conversion of military
housing units to private housing
described.--For purposes of clause (i),
``conversion of military housing units
to private housing'' means the
conversion of military housing units to
private housing units pursuant to
subchapter IV of chapter 169 of title
10, United States Code, or pursuant to
any other related provision of law.]
(B) Eligibility for heavily impacted local
educational agencies.--
(i) In general.--A heavily impacted
local educational agency is eligible to
receive a basic support payment under
subparagraph (A) with respect to a
number of children determined under
subsection (a)(1) if the agency--
(I) is a local educational
agency--
(aa) whose
boundaries are the same
as a Federal military
installation or an
island property
designated by the
Secretary of the
Interior to be property
that is held in trust
by the Federal
Government; and
(bb) that has no
taxing authority;
(II) is a local educational
agency that--
(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 45 percent;
(bb) has a per-
pupil expenditure that
is less than--
(AA) for an
agency that has
a total student
enrollment of
500 or more
students, 125
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located; or
(BB) for
any agency that
has a total
student
enrollment less
than 500, 150
percent of the
average per-
pupil
expenditure of
the State in
which the
agency is
located or the
average per-
pupil
expenditure of
3 or more
comparable
local
educational
agencies in the
State in which
the agency is
located; and
(cc) is an agency
that--
(AA) has a
tax rate for
general fund
purposes that
is not less
than 95 percent
of the average
tax rate for
general fund
purposes of
comparable
local
educational
agencies in the
State; or
(BB) was
eligible to
receive a
payment under
this subsection
for fiscal year
2013 and is
located in a
State that by
State law has
eliminated ad
valorem tax as
a revenue for
local
educational
agencies;
(III) is a local
educational agency that--
(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 20 percent;
(bb) for the 3
fiscal years preceding
the fiscal year for
which the determination
is made, the average
enrollment of children
who are not described
in subsection (a)(1)
and who are eligible
for a free or reduced
price lunch under the
Richard B. Russell
National School Lunch
Act constitutes a
percentage of the total
student enrollment of
the agency that is not
less than 65 percent;
and
(cc) has a tax rate
for general fund
purposes which is not
less than 125 percent
of the average tax rate
for general fund
purposes for comparable
local educational
agencies in the State;
(IV) is a local educational
agency that has a total student
enrollment of not less than
25,000 students, of which--
(aa) not less than
50 percent are children
described in subsection
(a)(1); and
(bb) not less than
5,000 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;
(bb) has a per-
pupil expenditure that
is less than the
average per-pupil
expenditure of the
State in which the
agency is located or
the average per-pupil
expenditure of all
States (whichever
average per-pupil
expenditure is
greater), except that a
local educational
agency with a total
student enrollment of
less than 350 students
shall be deemed to have
satisfied such per-
pupil expenditure
requirement, and has a
tax rate for general
fund purposes which is
not less than 95
percent of the average
tax rate for general
fund purposes of local
educational agencies in
the State; and
(cc) was eligible
to receive assistance
under subparagraph (A)
for fiscal year 2001.
(ii) Loss of eligibility.--
(I) In general.--Subject to
subclause (II), a heavily
impacted local educational
agency that met the
requirements of clause (i) for
a fiscal year shall be
ineligible to receive a basic
support payment under
subparagraph (A) if the agency
fails to meet the requirements
of clause (i) for a subsequent
fiscal year, except that such
agency shall continue to
receive a basic support payment
under this paragraph for the
fiscal year for which the
ineligibility determination is
made.
(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
is eligible to receive a basic
support payment under
subparagraph (A), but that has
had, for 2 consecutive fiscal
years, 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, such
agency shall be determined to
be ineligible under clause (i)
and ineligible to receive a
basic support payment under
subparagraph (A) for each
fiscal year succeeding such 2
consecutive fiscal years for
which the agency has such a tax
rate for general fund purposes,
and until the fiscal year for
which the agency resumes such
eligibility in accordance with
clause (iii).
(III) Taken over by state
board of education.--In the
case of a heavily impacted
local educational agency that
is eligible to receive a basic
support payment under
subparagraph (A), but that has
been taken over by a State
board of education in 2
previous years, such agency
shall be deemed to maintain
heavily impacted status for 2
fiscal years from after the
date of enactment of the Every
Child Achieves Act of 2015.
(iii) Resumption of eligibility.--A
heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency meets
the requirements of clause (i) for that
subsequent fiscal year, except that
such agency shall not receive a basic
support payment under this paragraph
until the fiscal year succeeding the
fiscal year for which the eligibility
determination is made.
(C) Maximum amount for heavily impacted
local educational agencies.--
(i) In general.--Except as provided
in subparagraph (D), the maximum amount
that a heavily impacted local
educational agency is eligible to
receive under this paragraph for any
fiscal year is the sum of the total
weighted student units, as computed
under subsection (a)(2) and subject to
clause (ii), multiplied by the greater
of--
(I) four-fifths of the
average per-pupil expenditure
of the State in which the local
educational agency is located
for the third fiscal year
preceding the fiscal year for
which the determination is
made; or
(II) four-fifths of the
average per-pupil expenditure
of all of the States for the
third fiscal year preceding the
fiscal year for which the
determination is made.
(ii) Calculation of weighted
student units.--
(I) In general.--
(aa) In general.--
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
subparagraph (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) Exception.--
Notwithstanding item
(aa), a local
educational agency that
received a payment
under this paragraph
for fiscal year 2013
shall not be required
to have an enrollment
of children described
in subparagraph (A),
(B), or (C) of
subsection (a)(1) equal
to at least 10 percent
of the agency's total
enrollment.
(II) Enrollment of 100 or
fewer children.--For a local
educational agency that has an
enrollment of 100 or fewer
children described in
subsection (a)(1), the
Secretary shall calculate the
total number of weighted
student units for purposes of
subsection (a)(2) by
multiplying the number of such
children by a factor of 1.75.
(III) Enrollment of more
than 100 children but less than
1000.--For a local educational
agency that is not described
under subparagraph (B)(i)(I)
and has an enrollment of more
than 100 but not more than
1,000 children described in
subsection (a)(1), the
Secretary shall calculate the
total number of weighted
student units for purposes of
subsection (a)(2) by
multiplying the number of such
children by a factor of 1.25.
(D) Maximum amount for large heavily
impacted local educational agencies.--
(i) In general.--
(I) In general.--Subject to
clause (ii), the maximum amount
that a heavily impacted local
educational agency described in
subclause (II) is eligible to
receive under this paragraph
for any fiscal year shall be
determined in accordance with
the formula described in
paragraph (1)(C).
(II) Heavily impacted local
educational agency.--A heavily
impacted local educational
agency described in this
subclause is a local
educational agency that has a
total student enrollment of not
less than 25,000 students, of
which not less than 50 percent
are children described in
subsection (a)(1) and not less
than 5,000 of such children are
children described in
subparagraphs (A) and (B) of
subsection (a)(1).
(ii) Factor.--For purposes of
calculating the maximum amount
described in clause (i), the factor
used in determining the weighted
student units under subsection (a)(2)
with respect to children described in
subparagraphs (A) and (B) of subsection
(a)(1) shall be 1.35.
(E) Data.--For purposes of providing
assistance under this paragraph the Secretary
shall use student, revenue, expenditure, and
tax data from the third fiscal year preceding
the fiscal year for which the local educational
agency is applying for assistance under this
paragraph.
(F) Determination of average tax rates for
general fund purposes.--
(i) In general.--Except as provided
in clause (ii), for the purpose of
determining the average tax rates for
general fund purposes for local
educational agencies in a State under
this paragraph, the Secretary shall use
either--
(I) the average tax rate
for general fund purposes for
comparable local educational
agencies, as determined by the
Secretary in regulations; or
(II) the average tax rate
of all the local educational
agencies in the State.
(ii) Fiscal years 2010-2015.--
(I) In general.--For fiscal
years 2010 through 2015, any
local educational agency that
was found ineligible to receive
a payment under subparagraph
(A) because the Secretary
determined that it failed to
meet the average tax rate
requirement for general fund
purposes in subparagraph
(B)(i)(II)(bb), shall be
considered to have met that
requirement, if its State
determined, through an
alternate calculation of
average tax rates for general
fund purposes, that such local
educational agency met that
requirement.
(II) Subsequent fiscal
years after 2015.--For any
succeeding fiscal year after
2015, any local educational
agency identified in subclause
(I) may continue to have its
State use that alternate
methodology to calculate
whether the average tax rate
requirement for general fund
purposes under subparagraph
(B)(i)(II)(bb) is met.
(III) 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 2012, the Secretary
shall reserve an amount equal
to a total of $14,000,000 from
funds that remain unobligated
under this section from fiscal
years 2013 or 2014 in order to
make payments under this clause
for fiscal years 2011 through
2014.
(G) Eligibility for heavily impacted local
educational agencies affected by privatization
of military housing.--
(i) Eligibility.--For any fiscal
year, a heavily impacted local
educational agency that received a
basic support payment under this
paragraph for the prior fiscal year,
but is ineligible for such payment for
the current fiscal year under
subparagraph (B), (C), (D), or (E), as
the case may be, due to of the
conversion of military housing units to
private housing described in clause
(iii), 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,
shall be deemed to meet the eligibility
requirements under subparagraph (B) or
(C), as the case may be, for the period
during which the housing units are
undergoing such conversion or during
such time as activities associated with
base closure and realignment,
modularization, force structure change,
or force relocation are ongoing.
(ii) Amount of payment.--The amount
of a payment to a heavily impacted
local educational agency for a fiscal
year by reason of the application of
clause (i), and calculated in
accordance with subparagraph (C) or
(D), as the case may be, shall be based
on the number of children in average
daily attendance in the schools of such
agency for the fiscal year and under
the same provisions of subparagraph (C)
or (D) under which the agency was paid
during the prior fiscal year.
(iii) Conversion of military
housing units to private housing
described.--For purposes of clause (i),
``conversion of military housing units
to private housing'' means the
conversion of military housing units to
private housing units pursuant to
subchapter IV of chapter 169 of title
10, United States Code, or pursuant to
any other related provision of law.
(3) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
(A) In general.-- * * *
(B) Learning opportunity threshold payments
in lieu of payments under paragraph (1).--(i) *
* *
* * * * * * *
(ii) * * *
[(iii) For the purpose of determining the
percentages described in subclauses (I) and
(II) of clause (i) that are applicable to the
local educational agency providing free public
education to students in grades 9 through 12
residing on Hanscom Air Force Base,
Massachusetts, the Secretary shall consider
only that portion of such agency's total
enrollment of students in grades 9 through 12
when calculating the percentage under such
subclause (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 subclause
(II).]
(iii) In the case of a local educational
agency providing a free public education to
students enrolled in kindergarten through grade
12, that enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and that
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 Every Child Achieves
Act of 2015) 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).
* * * * * * *
(C) Learning opportunity threshold payments
in lieu of payments under paragraph (2).--For
fiscal years described in subparagraph (A), the
learning opportunity threshold payment in lieu
of basic support payments under paragraph (2)
shall be equal to the amount obtained under
[subparagraph (D) or (E) of paragraph
(2),]paragraph (2)(D) as the case may be.
[(D) Ratable distribution.--For fiscal
years described in subparagraph (A), the
Secretary shall make payments as a ratable
distribution based upon the computations made
under subparagraphs (B) and (C).]
(D) Ratable distribution.--For fiscal years
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 paragraphs (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.
(E) Insufficient payments.--For each fiscal
year described in subparagraph (A) for which
the sums appropriated 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
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.
(G) Provision of tax rate and resulting
percentage.--The Secretary shall provide the
local educational agency's tax rate and the
resulting percentage to each eligible local
educational agency immediately following the
payments of funds under paragraph (2).
(4) States with only one local educational
agency.--
(A) In general.-- * * *
* * * * * * *
(c) Prior Year Data.--
(1) In general.-- * * *
[(2) Exception.--Calculations for a local
educational agency that is newly established by a State
shall, for the first year of operation of such agency,
be based on data from the fiscal year for which the
agency is making application for payment.]
(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
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) subparagraphs (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 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]Students With Disabilities.--
(1) In general.--From the amount appropriated under
section 8014(c) for a fiscal year, the Secretary shall
pay to each eligible local educational agency, on a pro
rata basis, the amounts determined by--
(A) multiplying the number of
[children]students described in subparagraphs
(A)(ii), (B) and (C) of subsection (a)(1) who
are eligible to receive services under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) by a factor of 1.0; and
(B) multiplying the number of
[children]students described in subparagraph
(D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of
0.5.
(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds
to provide a free appropriate public education to
[children]students described in paragraph (1) in
accordance with the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(e) Hold Harmless.--
[(1) In general.--Subject to paragraphs (2) and
(3), the total amount the Secretary shall pay a local
educational agency under subsection (b)--
[(A) for fiscal year 2001 shall not be less
than 85 percent of the total amount that the
local educational agency received under
subsections (b) and (f) for fiscal year 2000;
and
[(B) for fiscal year 2002 shall not be less
than 70 percent of the total amount that the
local educational agency received under
subsections (b) and (f) for fiscal year 2000.]
(1) In general.--
(A) In general.--In the case of any local
educational agency whose payment under
subsection (b) for a fiscal year is determined
to be reduced by an amount greater than
$5,000,000 or by 20 percent, as compared to the
amount received in the previous fiscal year,
the Secretary shall, subject to subparagraph
(B), pay a local educational agency, for each
of the 3 years following the reduction under
subsection (b), the amount determined under
subparagraph (B).
(B) Amount of reduction.--Subject to
subparagraph (C), a local educational agency
described in subparagraph (A) shall receive--
(i) for the first year for which
the reduced payment is determined, an
amount that is not less than 90 percent
of the total amount that the local
educational agency received under
paragraph (1) or (2) of subsection (b)
in the fiscal year prior to the
reduction (referred to in this
paragraph as the ``base year'');
(ii) for the second year following
such reduction, an amount that is not
less than 85 percent of the total
amount that the local educational
agency received under paragraph (1) or
(2) of subsection (b) in the base year;
and
(iii) for the third year following
such reduction, an amount that is not
less than 80 percent of the total
amount that the local educational
agency received under paragraph (1) or
(2) of subsection (b) in the base year.
(C) Special rule.--For any fiscal year for
which a local educational agency would be
subject to a reduced payment under clause (ii)
or (iii) of subparagraph (B), but the total
amount of the payment for which the local
educational agency is eligible under subsection
(b) for that fiscal year is greater than the
amount that initially subjected the local
educational agency to the requirements of this
subsection, the Secretary shall pay the greater
amount to the local educational agency for such
year.
(2) Maximum amount.-- * * *
* * * * * * *
[(g) Maintenance of Effort.--A local educational agency may
receive funds under sections 8002 and 8003(b) for any fiscal
year only if the State educational agency finds that either the
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 that agency for the
preceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the second
preceding fiscal year.]
* * * * * * *
SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of receiving
funds under section 8003 shall establish policies and
procedures to ensure that--
(1) * * *
* * * * * * *
(e) Complaints.--
(1) In general.-- (A) * * *
* * * * * * *
(9) Rejection of determination.--If the local
educational agency rejects the determination of the
Secretary and a tribe exercises the option under
section 1101(d) of the Education Amendments of 1978, to
have education services provided either directly by the
Bureau of Indian [Affairs]Education or by contract with
the Bureau of Indian [Affairs]Education, any Indian
students affiliated with that tribe who wish to remain
in attendance at the local educational agency against
whom the complaint which led to the tribal action under
such subsection (d) was lodged may be counted with
respect to that local educational agency for the
purpose of receiving funds under section 8003. In such
event, funds under such section shall not be withheld
pursuant to paragraph (8) and no further complaints
with respect to such students may be filed under
paragraph (1).
* * * * * * *
SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
(a) In General.--A local educational agency desiring to
receive a payment under section 8002 or 8003 shall--
(1) * * *
* * * * * * *
(b) Contents.--Each such application shall be submitted in
such form and manner[, and shall contain such information,] as
the Secretary may require, including--
(1) * * *
* * * * * * *
(c) Student Count.--In collecting information to determine
the eligibility of a local educational agency and the number of
federally connected children for the local educational agency,
the Secretary shall, in addition to any options provided under
section 222.35 of title 34, Code of Federal Regulations, or a
successor regulation, allow a local educational agency to count
the number of such children served by the agency as of the date
by which the agency requires all students to register for the
school year of the fiscal year for which the application is
filed.
[(c)](d) * * *
[(d)](e) * * *
* * * * * * *
SEC. 8007. CONSTRUCTION.
(a) Construction Payments Authorized.--
(1) In general.-- * * *
* * * * * * *
(b) School Facility Emergency and Modernization Grants
Authorized.--
(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section
8014(e), the Secretary--
(A) * * *
* * * * * * *
(3) Eligibility requirements.--
(A) Emergency grants.--A local educational
agency is eligible to receive an emergency
grant under paragraph (2)(A) if--
(i) * * *
* * * * * * *
(C) Additional eligibility for emergency
and modernization grants.-- (i) * * *
(I) The agency receives a basic
support payment under section 8003(b)
for the fiscal year and the agency
meets at least one of the following
requirements:
(aa) * * *
* * * * * * *
(cc) Not less than 10
percent of the property in the
agency is exempt from State and
local taxation under Federal
law.
* * * * * * *
(6) Application.-- A local educational agency that
desires to receive an emergency grant or a
modernization grant under this subsection shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require. Each application shall contain
the following:
(A) * * *
* * * * * * *
[(F) Such other information and assurances
as the Secretary may reasonably require.]
* * * * * * *
SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
(a) General Prohibition.--Except as provided in subsection
(b), a State may not--
(1) * * *
* * * * * * *
(c) Procedures for Review of State Equalization Plans.--
(1) Written notice.--
(A) In general.-- * * *
(B) Contents.--Such notice shall be in the
form [and contain the information] the
Secretary requires, including evidence that the
State has notified each local educational
agency in the State of such State's intention
to consider such payments in providing State
aid.
* * * * * * *
SEC. 8013. DEFINITIONS.
For purposes of this title:
(1) Armed forces.-- * * *
* * * * * * *
(5) Federal property.--
(A) In general.--Except as provided in
subparagraphs (B) through (F), the term
``Federal property'' means real property that
is not subject to taxation by any State or any
political subdivision of a State due to Federal
agreement, law, or policy, and that is--
(i) * * *
(ii)(I) held in trust by the United
States for individual Indians or Indian
tribes;
(II) * * *
[(III) conveyed at any time under
the Alaska Native Claims Settlement Act
to a Native individual, Native group,
or village or regional corporation;]
(III) conveyed at any time under
the Alaska Native Claims Settlement Act
to a Native individual, Native group,
or village or regional corporation
(including single family occupancy
properties that may have been
subsequently sold or leased to a third
party), except that property that is
conveyed under such Act--
(aa) that is not taxed is,
for the purposes of this
paragraph, considered tax-
exempt due to Federal law; or
(bb) is considered Federal
property for the purpose of
this paragraph, only if the
property is located within a
Regional Educational Attendance
Area that has no taxing power;
(iii)(I) * * *
(II) used to provide housing for
homeless children at closed military
installations pursuant to section 501
of the [Stewart B. McKinney Homeless
Assistance Act]McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411); or
[(III) used for affordable
housing assisted under the
Native American Housing
Assistance and Self-
Determination Act of 1996; or]
(III) used for affordable housing
assisted under the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4101 et seq.); or
(B) Schools providing flight training to
members of air force.-- * * *
* * * * * * *
SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
(a) Payments for Federal Acquisition of Real Property.--For
the purpose of making payments under section 8002, there are
authorized to be appropriated [$32,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years] such sums as may be necessary for each
of fiscal years 2016 through 2021.
(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments under
section 8003(b), there are authorized to be appropriated
[$809,400,000 for fiscal year 2000 and such sums as may be
necessary for each of the seven succeeding fiscal years] such
sums as may be necessary for each of fiscal years 2016 through
2021.
(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8003(d), there are
authorized to be appropriated [$50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the seven
succeeding fiscal years] such sums as may be necessary for each
of fiscal years 2016 through 2021.
[(e)](d) Construction.--For the purpose of carrying out
section 8007, there are authorized to be appropriated
[$10,052,000 for fiscal year 2000 and such sums as may be
necessary for fiscal year 2001, $150,000,000 for fiscal year
2002, and such sums as may be necessary for each of the five
succeeding fiscal years]such sums as may be necessary for each
of fiscal years 2016 through 2021.
[(f)](e) Facilities Maintenance.--For the purpose of
carrying out section 8008, there are authorized to be
appropriated [$5,000,000 for fiscal year 2000 and such sums as
may be necessary for each of the seven succeeding fiscal
years]such sums as may be necessary for each of fiscal years
2016 through 2021.
* * * * * * *
TITLE IX--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 9101. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) 4-year adjusted cohort graduation rate.--The
term ``4-year adjusted cohort graduation rate'' has the
meaning given the term ``four-year adjusted cohort
graduation rate'' in section 200.19(b)(1) of title 34,
Code of Federal Regulations, as such section was in
effect on November 28, 2008.
[(1)](2) * * *
* * * * * * *
[(2)](3) * * *
[(3) Beginning teacher.--The term ``beginning
teacher'' means a teacher in a public school who has
been teaching less than a total of three complete
school years.]
* * * * * * *
[(11) Core academic subjects.--The term ``core
academic subjects'' means English, reading or language
arts, mathematics, science, foreign languages, civics
and government, economics, arts, history, and
geography.]
(11) Core academic subjects.--The term ``core
academic subjects'' means English, reading or language
arts, writing, science, technology, engineering,
mathematics, foreign languages, civics and government,
economics, arts, history, geography, computer science,
music, and physical education, and any other subject as
determined by the State or local educational agency.
* * * * * * *
(13) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
[(B) subpart 3 of part B of title I;]
[(C)](B) part C of title I;
[(D)](C) part D of title I;
[(E) part F of title I;]
[(F)](D) part A of title II;
[(G) part D of title II;]
[(H)](E) part A of title III;
[(I)](F) part A of title IV;
[(J)](G) part B of title IV;
(H) part G of title V; and
[(K) part A of title V; and]
[(L)](I) subpart 2 of part B of title VI.
* * * * * * *
(16) Distance learning.--* * *
(17) Early childhood education program.--The term
``early childhood education program'' has the meaning
given the term in section 103 of the Higher Education
Act of 1965.
[(17)](18) * * *
[(18)](19) * * *
[(19) Exemplary teacher.--The term ``exemplary
teacher'' means a teacher who--
[(A) is a highly qualified teacher such as
a master teacher;
(B) has been teaching for at least 5 years
in a public or private school or institution of
higher education;
[(C) is recommended to be an exemplary
teacher by administrators and other teachers
who are knowledgeable about the individual's
performance;
[(D) is currently teaching and based in a
public school; and
[(E) assists other teachers in improving
instructional strategies, improves the skills
of other teachers, performs teacher mentoring,
develops curricula, and offers other
professional development.]
[(25)](20) [Limited english proficient]English
learner.--The term ``[limited English
proficient]English learner'', when used with respect to
an individual, means an individual--
(A) * * *
* * * * * * *
(D) whose difficulties in speaking,
reading, writing, or understanding the English
language may be sufficient to deny the
individual--
(i) the ability to meet the
[State's proficient level of
achievement on State assessments
described in section
1111(b)(3)]challenging State academic
standards described in section
1111(b)(1);
(ii) * * *
* * * * * * *
(21) Evidence-based.--
(A) In general.--Except as provided in
subparagraph (B), the term ``evidence-based'',
when used with respect to an activity, means an
activity that--
(i) demonstrates a statistically
significant effect on improving student
outcomes or other relevant outcomes
based on--
(I) strong evidence from at
least 1 well-designed and well-
implemented experimental study;
(II) moderate evidence from
at least 1 well-designed and
well-implemented quasi-
experimental study; or
(III) promising evidence
from at least 1 well-designed
and well-implemented
correlational study with
statistical controls for
selection bias; or
(ii)(I) demonstrates a rationale
that is based on high-quality research
findings that such activity is likely
to improve student outcomes or other
relevant outcomes; and
(II) includes ongoing efforts to
examine the effects of such activity.
(B) Definition for part a of title i.--For
purposes of part A of title I, the term
``evidence-based'', when used with respect to
an activity, means an activity that meets the
requirements of subclause (I) or (II) of
subparagraph (A)(i).
(22) Expanded learning time.--The term ``expanded
learning time'' means using a longer school day, week,
or year schedule to significantly increase the total
number of school hours, in order to include additional
time for--
(A) instruction and enrichment in core
academic subjects, other academic subjects, and
other activities that contribute to a well-
rounded education; and
(B) instructional and support staff to
collaborate, plan, and engage in professional
development (including professional development
on family and community engagement) within and
across grades and subjects.
(23) Extended-year adjusted cohort graduation
rate.--The term ``extended-year adjusted cohort
graduation rate'' has the meaning given the term in
section 200.19(b)(1)(v) of title 34, Code of Federal
Regulations, as such section was in effect on November
28, 2008.
[(20)](24) * * *
[(21)](25) * * *
[(22)](26) * * *
[[(23)](27) Highly qualified.-- The term ``highly
qualified''--
[(A) when used with respect to any public
elementary school or secondary school teacher
teaching in a State, means that--
[(i) the teacher has obtained full
State certification as a teacher
(including certification obtained
through alternative routes to
certification) or passed the State
teacher licensing examination, and
holds a license to teach in such State,
except that when used with respect to
any teacher teaching in a public
charter school, the term means that the
teacher meets the requirements set
forth in the State's public charter
school law; and
[(ii) the teacher has not had
certification or licensure requirements
waived on an emergency, temporary, or
provisional basis;
[(B) when used with respect to--
[(i) an elementary school teacher
who is new to the profession, means
that the teacher--
[(I) holds at least a
bachelor's degree; and
[(II) has demonstrated, by
passing a rigorous State test,
subject knowledge and teaching
skills in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum (which may consist
of passing a State-required
certification or licensing test
or tests in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum); or
[(ii) a middle or secondary school
teacher who is new to the profession,
means that the teacher holds at least a
bachelor's degree and has demonstrated
a high level of competency in each of
the academic subjects in which the
teacher teaches by--
[(I) passing a rigorous
State academic subject test in
each of the academic subjects
in which the teacher teaches
(which may consist of a passing
level of performance on a
State-required certification or
licensing test or tests in each
of the academic subjects in
which the teacher teaches); or
[(II) successful
completion, in each of the
academic subjects in which the
teacher teaches, of an academic
major, a graduate degree,
coursework equivalent to an
undergraduate academic major,
or advanced certification or
credentialing; and
[(C) when used with respect to an
elementary, middle, or secondary school teacher
who is not new to the profession, means that
the teacher holds at least a bachelor's degree
and--
[(i) has met the applicable
standard in clause (i) or (ii) of
subparagraph (B), which includes an
option for a test; or
[(ii) demonstrates competence in
all the academic subjects in which the
teacher teaches based on a high
objective uniform State standard of
evaluation that--
[(I) is set by the State
for both grade appropriate
academic subject matter
knowledge and teaching skills;
[(II) is aligned with
challenging State academic
content and student academic
achievement standards and
developed in consultation with
core content specialists,
teachers, principals, and
school administrators;
[(III) provides objective,
coherent information about the
teacher's attainment of core
content knowledge in the
academic subjects in which a
teacher teaches;
[(IV) is applied uniformly
to all teachers in the same
academic subject and the same
grade level throughout the
State;
[(V) takes into
consideration, but not be based
primarily on, the time the
teacher has been teaching in
the academic subject;
[(VI) is made available to
the public upon request; and
[(VII) may involve
multiple, objective measures of
teacher competency.]
(27) High school.--The term ``high school'' means a
secondary school that--
(A) grants a diploma, as defined by the
State; and
(B) includes, at least, grade 12.
* * * * * * *
[(24)](28) * * *
[(26)](29) * * *
(A) In general.-- * * *
* * * * * * *
(C) [BIA]BIE schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian [Affairs]Education but
only to the extent that including the school
makes the school eligible for programs for
which specific eligibility is not provided to
the school in another provision of law and the
school does not have a student population that
is smaller than the student population of the
local educational agency receiving assistance
under this Act with the smallest student
population, except that the school shall not be
subject to the jurisdiction of any State
educational agency other than the Bureau of
Indian [Affairs] Education.
[(27)](30) * * *
(31) Multi-tier system of supports.--The term
``multi-tier system of supports'' means a comprehensive
continuum of evidence-based, system-wide practices to
support a rapid response to academic and behavioral
needs, with frequent data-based monitoring for
instructional decisionmaking.
[(28)](32) * * *
[(29)](33) Other staff.--The term ``other staff''
means [pupil services]specialized instructional support
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
[(30)](34) Outlying area.--The term ``outlying
area'' means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands, and for the purpose of section 1121(b)
and any other discretionary grant program under this
Act, [includes the freely associated states of the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau until an
agreement for the extension of United States education
assistance under the Compact of Free Association for
each of the freely associated states becomes effective
after the date of enactment of the No Child Left Behind
Act of 2001.]includes the Republic of Palau except
during any period for which the Secretary determines
that a Compact of Free Association is in effect that
contains provisions for education assistance
prohibiting the assistance provided under this Act.
[(31)](35) * * *
[(32)](36) Parental involvement.-- The term
``parental involvement'' means the participation of
parents in regular, two-way, and meaningful
communication involving student academic learning and
other school activities, including ensuring--
(A) * * *
* * * * * * *
(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child; and
(D) the carrying out of other activities,
such as those described in [section
1118]section 1115.
[(33)](37) * * *
[[(34)](38) Professional development. The term
``professional development''--
[(A) includes activities that--
[(i) improve and increase teachers'
knowledge of the academic subjects the
teachers teach, and enable teachers to
become highly qualified;
[(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
[(iii) give teachers, principals,
and administrators the knowledge and
skills to provide students with the
opportunity to meet challenging State
academic content standards and student
academic achievement standards;
[(iv) improve classroom management
skills;
[(v)(I) are high quality,
sustained, intensive, and classroom-
focused in order to have a positive and
lasting impact on classroom instruction
and the teacher's performance in the
classroom; and
[(II) are not 1-day or short-term
workshops or conferences;
[(vi) support the recruiting,
hiring, and training of highly
qualified teachers, including teachers
who became highly qualified through
State and local alternative routes to
certification;
[(vii) advance teacher
understanding of effective
instructional strategies that are--
[(I) based on
scientifically based research
(except that this subclause
shall not apply to activities
carried out under part D of
title II); and
[(II) strategies for
improving student academic
achievement or substantially
increasing the knowledge and
teaching skills of teachers;
and
[(viii) are aligned with and
directly related to--
[(I) State academic content
standards, student academic
achievement standards, and
assessments; and
[(II) the curricula and
programs tied to the standards
described in subclause (I)
except that this subclause
shall not apply to activities
described in clauses (ii) and
(iii) of section 2123(3)(B);
[(ix) are developed with extensive
participation of teachers, principals,
parents, and administrators of schools
to be served under this Act;
[(x) are designed to give teachers
of limited English proficient children,
and other teachers and instructional
staff, the knowledge and skills to
provide instruction and appropriate
language and academic support services
to those children, including the
appropriate use of curricula and
assessments;
[(xi) to the extent appropriate,
provide training for teachers and
principals in the use of technology so
that technology and technology
applications are effectively used in
the classroom to improve teaching and
learning in the curricula and core
academic subjects in which the teachers
teach;
[(xii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of professional
development;
[(xiii) provide instruction in
methods of teaching children with
special needs;
[(xiv) include instruction in the
use of data and assessments to inform
and instruct classroom practice; and
[(xv) include instruction in ways
that teachers, principals, pupil
services personnel, and school
administrators may work more
effectively with parents; and
[(B) may include activities that--
[(i) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher training programs that
provide prospective teachers and
beginning teachers with an opportunity
to work under the guidance of
experienced teachers and college
faculty;
[(ii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under part A of
title I) to obtain the education
necessary for those paraprofessionals
to become certified and licensed
teachers; and
[(iii) provide follow-up training
to teachers who have participated in
activities described in subparagraph
(A) or another clause of this
subparagraph that are designed to
ensure that the knowledge and skills
learned by the teachers are implemented
in the classroom.]
[(35) Public telecommunications entity.--The term
``public telecommunications entity'' has the meaning
given that term in section 397(12) of the
Communications Act of 1934.
[(36) Pupil services personnel; pupil services.--
[(A) Pupil services personnel.--The term
``pupil services personnel'' 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
(including 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.
[(B) Pupil services.--The term ``pupil
services'' means the services provided by pupil
services personnel.
[(37) Scientifically based research.--The term
``scientifically based research''--
[(A) means research that involves the
application of rigorous, systematic, and
objective procedures to obtain reliable and
valid knowledge relevant to education
activities and programs; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
](ii) involves rigorous data
analyses that are adequate to test the
stated hypotheses and justify the
general conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
reliable and valid data across
evaluators and observers, across
multiple measurements and observations,
and across studies by the same or
different investigators;
[(iv) is evaluated using
experimental or quasi-experimental
designs in which individuals, entities,
programs, or activities are assigned to
different conditions and with
appropriate controls to evaluate the
effects of the condition of interest,
with a preference for random-assignment
experiments, or other designs to the
extent that those designs contain
within-condition or across-condition
controls;
[(v) ensures that experimental
studies are presented in sufficient
detail and clarity to allow for
replication or, at a minimum, offer the
opportunity to build systematically on
their findings; and
[(vi) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.]
(38) Professional development.--The term
``professional development'' means activities that--
(A) are coordinated and aligned to support
educators (including teachers, principals,
other school leaders, specialized instructional
support personnel, paraprofessionals, and, as
applicable, early childhood educators); and
(B) are designed and implemented to improve
student achievement and classroom practice,
which may include activities that--
(i) improve and increase
teachers'--
(I) knowledge of the
academic subjects the teachers
teach;
(II) understanding of how
students learn; and
(III) ability to analyze
student work and achievement
from multiple sources,
including how to adjust
instructional strategies,
assessments, and materials
based on such analysis;
(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
(iii) allow personalized plans for
each educator to address the educator's
specific needs identified in
observation or other feedback;
(iv) give teachers, principals,
other school leaders, and
administrators the knowledge and skills
to provide students with the
opportunity to meet challenging State
academic standards;
(v) improve classroom management
skills;
(vi)(I) are high-quality,
sustained, intensive, collaborative,
job-embedded, data-driven, and
classroom-focused in order to have a
positive and lasting impact on
classroom instruction and the teacher's
performance in the classroom; and
(II) are not 1-day or short-term
workshops or conferences;
(vii) support the recruiting,
hiring, and training of effective
teachers, including teachers who became
certified through State and local
alternative routes to certification;
(viii) advance teacher
understanding of--
(I) effective instructional
strategies that are evidence-
based; and
(II) strategies for
improving student academic
achievement or substantially
increasing the knowledge and
teaching skills of teachers;
(ix) are aligned with and directly
related to--
(I) challenging State
academic standards and
assessments under section
1111(b);
(II) the curricula and
programs tied to the standards
described in subclause (I); and
(III) related academic
goals of the school or local
educational agency;
(x) are developed with extensive
participation of teachers, principals,
other school leaders, parents, and
administrators of schools to be served
under this Act;
(xi) are designed to give teachers
of children who are English learners,
and other teachers and instructional
staff, the knowledge and skills to
provide instruction and appropriate
language and academic support services
to those children, including the
appropriate use of curricula and
assessments;
(xii) to the extent appropriate,
provide training for teachers,
principals, and other school leaders in
the use of technology so that
technology and technology applications
are effectively used in the classroom
to improve teaching and learning in the
curricula and academic subjects in
which the teachers teach;
(xiii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of professional
development;
(xiv) are designed to give teachers
of children with disabilities or
children with developmental delays, and
other teachers and instructional staff,
the knowledge and skills to provide
instruction and academic support
services, to those children, including
positive behavioral interventions and
supports, multi-tiered systems of
supports, and use of accommodations;
(xv) include instruction in the use
of data and assessments to inform and
instruct classroom practice;
(xvi) include instruction in ways
that teachers, principals, other school
leaders, specialized instructional
support personnel, and school
administrators may work more
effectively with parents and families;
(xvii) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher, principal, and other
school leader training programs that
provide prospective teachers, novice
teachers, principals, and other school
leaders with an opportunity to work
under the guidance of experienced
teachers, principals, other school
leaders, and faculty of such
institutions;
(xviii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under part A of
title I) to obtain the education
necessary for those paraprofessionals
to become certified and licensed
teachers;
(xix) provide follow-up training to
teachers who have participated in
activities described in this paragraph
that are designed to ensure that the
knowledge and skills learned by the
teachers are implemented in the
classroom; and
(xx) where applicable and
practical, provide jointly for school
staff and other early childhood
education program providers, to address
the transition to elementary school,
including issues related to school
readiness.
(39) School leader.--The term ``school leader''
means a principal, assistant principal, or other
individual who is--
(A) an employee or officer of an elementary
school or secondary school, local educational
agency, or other entity operating an elementary
school or secondary school; and
(B) responsible for the daily instructional
leadership and managerial operations in the
elementary school or secondary school building.
[(38)](40) Secondary school.--
[(39)](41)Secretary.--The term ``Secretary'' means
the Secretary of Education.
[State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.]
[(42) Teacher mentoring.--The term ``teacher
mentoring'' means activities that--
[(A) consist of structured guidance and
regular and ongoing support for teachers,
especially beginning teachers, that--
[(i) are designed to help the
teachers continue to improve their
practice of teaching and to develop
their instructional skills; and
[part of ongoing
developmental induction process--
[(I) involve the assistance
of an exemplary teacher and
other appropriate individuals
from a school, local
educational agency, or
institution of higher
education; and
[(II) may include coaching,
classroom observation, team
teaching, and reduced teaching
loads; and
[(B) may include the establishment of a
partnership by a local educational agency with
an institution of higher education, another
local educational agency, a teacher
organization, or another organization.]
(42) Specialized instructional support personnel;
specialized instructional support services.--
(A) Specialized instructional support
personnel.--The term ``specialized
instructional support personnel'' means --
(i) school counselors, school
social workers, and school
psychologists; and
(ii) other qualified professional
personnel, such as school nurses and
speech language pathologists, involved
in providing assessment, diagnosis,
counseling, educational, therapeutic,
and other necessary services (including
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.
(B) Specialized instructional support
services.--The term ``specialized instructional
support services'' means the services provided
by specialized instructional support personnel.
(43) State.--The term ``State'' means each of the
50 States, the District of Columbia, the Commonwealth
of Puerto Rico, and each of the outlying areas.
[(41)](44) State educational agency.--The term
``State educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
[(43)](45) Technology.--The term ``technology''
means state-of-the-art technology products and
services.
(46) 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.
* * * * * * *
SEC. 9103. APPLICABILITY TO [BUREAU OF INDIAN AFFAIRS]BUREAU OF INDIAN
EDUCATION OPERATED SCHOOLS.
For the purpose of any competitive program under this
Act--
(1) a consortium of schools operated by the [Bureau
of Indian Affairs]Bureau of Indian Education;
(2) a school operated under a contract or grant
with the [Bureau of Indian Affairs]Bureau of Indian
Education in consortium with another contract or grant
school or a tribal or community organization; or
(3) a [Bureau of Indian Affairs]Bureau of Indian
Education school in consortium with an institution of
higher education, a contract or grant school, or a
tribal or community organization,
shall be given the same consideration as a local educational
agency.
* * * * * * *
PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.-- * * *
* * * * * * *
SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.-- * * *
(b) State Procedures.--[Within 1 year after the date of
enactment of the No Child Left Behind Act of 2001, a State]A
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under those
programs that may be used for administration on a consolidated
basis.
(c) Conditions.-- * * *
* * * * * * *
PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 9301. PURPOSES.
The purposes of this part are--
(1) * * *
* * * * * * *
SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Consolidated plan.-- * * *
* * * * * * *
(d) Necessary Materials.-- * * *
(e) Rural Consolidated Plan.--
(1) In general.--Two or more eligible local
educational agencies, a consortium of eligible local
education service agencies, or an educational service
agency on behalf of eligible local educational agencies
may submit plans or applications for 1 or more covered
programs to the State educational agency on a
consolidated basis, if each eligible local educational
agency impacted elects to participate in the joint
application or elects to allow the educational service
agency to apply on its behalf.
(2) Eligible local educational agency.--For the
purposes of this subsection, the term ``eligible local
educational agency'' means a local educational agency
that is an eligible local educational agency under part
B of title VI.
PART D--WAIVERS
SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
[(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
[(1) receives funds under a program authorized by
this Act; and
[(2) requests a waiver under subsection (b).]
(a) In General.--
(1) Request for waiver by state or indian tribe.--A
State educational agency or Indian tribe that receives
funds under a program authorized under this Act may
submit a request to the Secretary to waive any
statutory or regulatory requirement of this Act.
(2) Local educational agency and school requests
submitted through the state.--
(A) Request for waiver by local educational
agency.--A local educational agency that
receives funds under a program authorized under
this Act and desires a waiver of any statutory
or regulatory requirement of this Act shall
submit a request containing the information
described in subsection (b)(1) to the
appropriate State educational agency. The State
educational agency may then submit the request
to the Secretary if the State educational
agency determines the waiver appropriate.
(B) Request for waiver by school.--An
elementary school or secondary school that
desires a waiver of any statutory or regulatory
requirement of this Act shall submit a request
containing the information described in
subsection (b)(1) to the local educational
agency serving the school. The local
educational agency may then submit the request
to the State educational agency in accordance
with subparagraph (A) if the local educational
agency determines the waiver appropriate.
(3) Receipt of waiver.--Except as provided in
subsection (b)(4) or (c), the Secretary may waive any
statutory or regulatory requirement of this Act for
which a waiver request is submitted to the Secretary
pursuant to this subsection.
(b) Request for Waiver.--
(1) In general.--A State educational agency[, local
educational agency,], acting on its own behalf or on
behalf of a local educational agency in accordance with
subsection (a)(2), or Indian tribe that desires a
waiver shall submit a waiver request to the Secretary,
which shall include a plan that--
(A) * * *
* * * * * * *
[(C) describes, for each school year,
specific, measurable educational goals, in
accordance with section 1111(b), for the State
educational agency and for each local
educational agency, Indian tribe, or school
that would be affected by the waiver and the
methods to be used to measure annually such
progress for meeting such goals and outcomes;
[(D) explains how the waiver will assist
the State educational agency and each affected
local educational agency, Indian tribe, or
school in reaching those goals; and]
(C) describes the methods the State
educational agency, local educational agency,
or Indian tribe will use to monitor and
regularly evaluate the effectiveness of the
implementation of the plan;
(D) includes only information directly
related to the waiver request on how the State
educational agency, local educational agency,
or Indian tribe will maintain and improve
transparency in reporting to parents and the
public on student achievement and school
performance, including the achievement of
students according to each category of students
described in section 1111(b)(2)(B)(xi); and
(E) * * *
(2) Additional information.--Such requests--
(A) * * *
(B) shall be developed and submitted--
(i)(I) * * *
(II) by State educational agencies
[(on behalf of, and based on the
requests of, local educational
agencies)]on behalf of those agencies
or on behalf of, and based on the
requests of, local educational agencies
in the State) to the Secretary; or
(ii) * * *
(3) General requirements.--
(A) State educational agencies.--In the
case of a waiver request submitted by a State
educational agency acting on its own behalf, or
on behalf of local educational agencies in the
State under subsection (a)(2), the State
educational agency shall--
(i) provide [all interested local
educational agencies]any interested
local educational agency in the State
with notice and a reasonable
opportunity to comment on the request,
to the extent that the request impacts
the local educational agency;
(ii) * * *
(B) Local educational agencies.--In the
case of a waiver request submitted by a local
educational agency that receives funds under
this Act--
(i) the request shall be [reviewed
by the State educational
agency]reviewed and approved by the
State educational agency in accordance
with subsection (a)(2) before being
submitted to the Secretary and be
accompanied by the comments, if any, of
the State educational agency; and
(ii) notice and information
regarding the waiver request shall be
provided to the public by the agency
requesting the waiver in the manner in
which that agency customarily provides
similar notices and information to the
public.
(4) Waiver determination, demonstration, and
revision.--
(A) In general.--The Secretary shall issue
a written determination regarding the approval
or disapproval of a waiver request not more
than 90 days after the date on which such
request is submitted, unless the Secretary
determines and demonstrates that--
(i) the waiver request does not
meet the requirements of this section;
or
(ii) the waiver is not permitted
under subsection (c).
(B) Waiver determination and revision.--If
the Secretary determines and demonstrates that
the waiver request does not meet the
requirements of this section, the Secretary
shall--
(i) immediately--
(I) notify the State
educational agency, local
educational agency and State
educational agency, or Indian
tribe, as applicable, of such
determination; and
(II) provide detailed
reasons for such determination
in writing and in a public
manner, such as posting to the
Department's website in a clear
and easily accessible manner;
(ii) offer the State educational
agency, local educational agency
(through the State educational agency),
or Indian tribe an opportunity to
revise and resubmit the waiver request
by a date that is not more than 60 days
after the date of such determination;
and
(iii) if the Secretary determines
that the resubmission does not meet the
requirements of this section, at the
request of the State educational
agency, local educational agency, or
Indian tribe, conduct a public hearing
not more than 30 days after the date of
such resubmission.
(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
(i) the State educational agency,
local educational agency, or Indian
tribe has been notified and offered an
opportunity to revise and resubmit the
waiver request, as described under
clauses (i) and (ii) of subparagraph
(B); and
(ii) the State educational agency,
local educational agency (through the
State educational agency), or Indian
tribe--
(I) does not revise and
resubmit the waiver request; or
(II) revises and resubmits
the waiver request, and the
Secretary determines that such
waiver request does not meet
the requirements of this
section after a hearing
conducted under subparagraph
(B)(iii).
(D) External conditions.--The Secretary
shall not disapprove a waiver request under
this section based on conditions outside the
scope of the waiver request.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) * * *
* * * * * * *
(8) the requirement for a charter school under
[subpart 1 of part B of title V]part A of title V;
* * * * * * *
(10) the selection of a school attendance area or
school under [subsections (a) and (b) of section
1113]section 1113(a), except that the Secretary may
grant a waiver to allow a school attendance area or
school to participate in activities under part A of
title I if the percentage of children from low-income
families in the school attendance area or who attend
the school is not more than 10 percentage points below
the lowest percentage of those children for any school
attendance area or school of the local educational
agency that meets the requirements of [subsections (a)
and (b) of section 1113]section 1113(a).
(d) Duration and Extension of Waiver; Limitations.--
(1) In general.-- * * *
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
(A) * * *
* * * * * * *
(3) Specific limitations.--The Secretary shall not
place any requirements on a State educational agency,
local educational agency, or Indian tribe as a
condition, criterion, or priority for the approval of a
waiver request, unless such requirements are--
(A) otherwise requirements under this Act;
and
(B) directly related to the waiver request.
[(e) Reports.--
[(1) Local waiver.--A local educational agency that
receives a waiver under this section shall, at the end
of the second year for which a waiver is received under
this section and each subsequent year, submit a report
to the State educational agency that--
[(A) describes the uses of the waiver by
the agency or by schools;
[(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers were
granted; and
[(C) evaluates the progress of the agency
and of schools in improving the quality of
instruction or the academic achievement of
students.
[(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on those reports and contains such information as the
Secretary may require.
[(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
[(A) describes the uses of the waiver by
schools operated by the tribe; and
[(B) evaluates the progress of those
schools in improving the quality of instruction
or the academic achievement of students.
[(4) Report to congress.--Beginning in fiscal year
2002 and for each subsequent year, 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 a
report--
[(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
[(B) describing whether the waivers--
[(i) increased the quality of
instruction to students; or
[(ii) improved the academic
achievement of students.]
(e) Reports.--A State educational agency, local educational
agency, or Indian tribe receiving a waiver under this section
shall describe, as part of, and pursuant to, the required
annual reporting under section 1111(d)--
(1) the progress of schools covered under the
provisions of such waiver toward improving the quality
of instruction to students and increasing student
academic achievement; and
(2) how the use of the waiver has contributed to
such progress.
(f) Termination of Waivers.--The Secretary shall terminate
a waiver under this section [if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original
purposes.]if, after notice and an opportunity for a hearing,
the Secretary--
(A) presents substantial evidence that
clearly demonstrates that the waiver is not
contributing to the progress of schools
described in subsection (e)(1); or
(B) determines that the waiver is no longer
necessary to achieve its original purposes.
PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS
SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS.
(a) Deemed Approval.--A plan submitted by a State pursuant
to section 2101(d), 4103(d), or 9302 shall be deemed to be
approved by the Secretary unless--
(1) the Secretary makes a written determination,
prior to the expiration of the 90-day period beginning
on the date on which the Secretary received the plan,
that the plan is not in compliance with section 2101(d)
or 4103(d) or part C, respectively; and
(2) the Secretary presents substantial evidence
that clearly demonstrates that such State plan does not
meet the requirements of section 2101(d) or 4103(d) or
part C, respectively.
(b) Disapproval Process.--
(1) In general.--The Secretary shall not finally
disapprove a plan submitted under section 2101(d),
4103(d), or 9302, except after giving the State
educational agency notice and an opportunity for a
hearing.
(2) Notifications.--If the Secretary finds that the
plan is not in compliance, in whole or in part, with
section 2101(d) or 4103(d) or part C, as applicable,
the Secretary shall-
(A) immediately notify the State of such
determination;
(B) provide a detailed description of the
specific provisions of the plan that the
Secretary determines fail to meet the
requirements, in whole or in part, of such
section or part, as applicable;
(C) offer the State an opportunity to
revise and resubmit its plan within 45 days of
such determination, including the chance for
the State to present substantial evidence to
clearly demonstrate that the State plan meets
the requirements of such section or part, as
applicable;
(D) provide technical assistance, upon
request of the State, in order to assist the
State to meet the requirements of such section
or part, as applicable;
(E) conduct a public hearing within 30 days
of the plan's resubmission under subparagraph
(C), with public notice provided not less than
15 days before such hearing, unless a State
declines the opportunity for such public
hearing; and
(F) request additional information, only as
to the noncompliant provisions, needed to make
the plan compliant.
(3) Response.--If the State educational agency
responds to the Secretary's notification described in
paragraph (2)(A) during the 45-day period beginning on
the date on which the State educational agency received
the notification, and resubmits the plan with the
requested information described in paragraph (2)(B),
the Secretary shall approve or disapprove such plan
prior to the later of--
(A) the expiration of the 45-day period
beginning on the date on which the plan is
resubmitted; or
(B) the expiration of the 90-day period
described in subsection (a).
(4) Failure to respond.--If the State educational
agency does not respond to the Secretary's notification
described in paragraph (2)(A) during the 45-day period
beginning on the date on which the State educational
agency received the notification, such plan shall be
deemed to be disapproved.
(c) Peer-review Requirements.--Notwithstanding any other
requirements of this part, the Secretary shall ensure that any
portion of a consolidated State plan that is related to part A
of title I is subject to the peer-review process described in
section 1111(a)(3).
SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY
APPLICATIONS.
(a) Deemed Approval.--An application submitted by a local
educational agency pursuant to section 2102(b), 4104(b), or
9305 shall be deemed to be approved by the State educational
agency unless--
(1) the State educational agency makes a written
determination, prior to the expiration of the 90-day
period beginning on the date on which the State
educational agency received the application, that the
application is not in compliance with section 2102(b)
or 4104(b), or part C, respectively; and
(2) the State presents substantial evidence that
clearly demonstrates that such application does not
meet the requirements of section 2102(b) or 4104(b), or
part C, respectively.
(b) Disapproval Process.--
(1) In general.--The State educational agency shall
not finally disapprove an application submitted under
section 2102(b), 4104(b), or 9305 except after giving
the local educational agency notice and opportunity for
a hearing.
(2) Notifications.--If the State educational agency
finds that the application submitted under section
2102(b), 4104(b), or 9305 is not in compliance, in
whole or in part, with section 2102(b) or 4104(b), or
part C, respectively, the State educational agency
shall--
(A) immediately notify the local
educational agency of such determination;
(B) provide a detailed description of the
specific provisions of the application that the
State determines fail to meet the requirements,
in whole or in part, of such section or part,
as applicable;
(C) offer the local educational agency an
opportunity to revise and resubmit its
application within 45 days of such
determination, including the chance for the
local educational agency to present substantial
evidence to clearly demonstrate that the
application meets the requirements of such
section or part;
(D) provide technical assistance, upon
request of the local educational agency, in
order to assist the local educational agency to
meet the requirements of such section or part,
as applicable;
(E) conduct a public hearing within 30 days
of the application's resubmission under
subparagraph (C), with public notice provided
not less than 15 days before such hearing,
unless a local educational agency declines the
opportunity for such public hearing; and
(F) request additional information, only as
to the noncompliant provisions, needed to make
the application compliant.
(3) Response.--If the local educational agency
responds to the State educational agency's notification
described in paragraph (2)(B) during the 45-day period
beginning on the date on which the local educational
agency received the notification, and resubmits the
application with the requested information described in
paragraph (2)(C), the State educational agency 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 90-day period
described in subsection (a).
(4) Failure to respond.--If the local educational
agency does not respond to the State educational
agency's notification described in paragraph (2)(B)
during the 45-day period beginning on the date on which
the local educational agency received the notification,
such application shall be deemed to be disapproved.
* * * * * * *
PART [E]F--UNIFORM PROVISIONS
Subpart 1--Private Schools
SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) Private School Participation.--
(1) In general.-- * * *
* * * * * * *
(b) Applicability.--
(1) In general.--This section applies to programs
under--
[(A) subparts 1 and 3 of part B of title I;
[(B) part C of title I;
[(C) part A of title II, to the extent
provided in paragraph (3);
[(D) part B of title II;
[(E) part D of title II;
[(F) part A of title III;
[(G) part A of title IV; and
[(H) part B of title IV.]
(A) part C of title I;
(B) part A of title II;
(C) part A of title III; and
(D) title IV.
(2) Definition.-- * * *
[(3) Application.--(A) Except as provided in
subparagraph (B), this subpart, including subsection
(a)(4), applies to funds awarded to a local educational
agency under part A of title II only to the extent that
the local educational agency uses funds under that part
to provide professional development to teachers and
others.]
(B) * * *
(c) Consultation.-- * * *
(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity shall consult
with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as--
(A) * * *
* * * * * * *
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel [and the amount], the
amount of funds available for those [services;
and]services, and how that amount is
determined;
(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third-party providers[.]; and
(G) whether the agency, consortium, or
entity shall provide services directly or
assign responsibility for the provision of
services to a separate government agency,
consortium, or entity, or to a third-party
contractor.
* * * * * * *
Subpart 2--Other Provisions
SEC. 9521. 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, subject to
the requirements of subsection (b).
(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), if
such local educational agency has also failed to meet
such requirement (as determined using the measure most
favorable to the local agency) for 1 or more of the 5
immediately preceding fiscal 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 a change in the
organizational structure of the local educational
agency; or
(2) a precipitous decline in the financial
resources of the local educational agency.
* * * * * * *
SEC. 9524. SCHOOL PRAYER.
(a) Guidance.--The Secretary shall provide and revise
guidance, not later than September 1, 2002, and of every second
year thereafter, to State educational agencies, local
educational agencies, and the public on constitutionally
protected prayer in public elementary schools and secondary
schools, including making the guidance available [on the
Internet]by electronic means, including by posting the guidance
on the Department's website in a clear and easily accessible
manner. The guidance shall be reviewed, prior to distribution,
by the Office of Legal Counsel of the Department of Justice for
verification that the guidance represents the current state of
the law concerning constitutionally protected prayer in public
elementary schools and secondary schools.
* * * * * * *
[SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
[(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
[(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department to endorse, approve, or sanction any curriculum
designed to be used in an elementary school or secondary
school.
[(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--
[(1) In general.--Notwithstanding any other
provision of Federal law, no State shall be required to
have academic content or student academic achievement
standards approved or certified by the Federal
Government, in order to receive assistance under this
Act.
[(2) Rule of construction.--Nothing in this
subsection shall be construed to affect requirements
under title I or part A of title VI.
[(d) Rule of Construction on Building Standards.--Nothing
in this Act shall be construed to mandate national school
building standards for a State, local educational agency, or
school.]
SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
(a) General Prohibition.--
(1) In general.--Nothing in this Act shall be
construed to authorize an officer or employee of the
Federal Government, through grants, contracts, or other
cooperative agreements (including as a condition of any
waiver provided under section 9401) to--
(A) mandate, direct, or control a State,
local educational agency, or school's
curriculum, program of instruction,
instructional content, specific academic
standards or assessments, or allocation of
State or local resources, or mandate a State or
any subdivision thereof to spend any funds or
incur any costs not paid for under this Act;
(B) incentivize a State, local educational
agency, or school to adopt any specific
instructional content, academic standards,
academic assessments, curriculum, or program of
instruction, including by providing any
priority, preference, or special consideration
during the application process for any grant,
contract, or cooperative agreement that is
based on the adoption of any specific
instructional content, academic standards,
academic assessments, curriculum, or program of
instruction; or
(C) make financial support available in a
manner that is conditioned upon a State, local
educational agency, or school's adoption of any
specific instructional content, academic
standards, academic assessments, curriculum, or
program of instruction (such as the Common Core
State Standards developed under the Common Core
State Standards Initiative, any other standards
common to a significant number of States, or
any specific assessment, instructional content,
or curriculum aligned to such standards).
(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department directly or indirectly, including through any grant,
contract, cooperative agreement, or waiver provided by the
Secretary under section 9401, to endorse, approve, or sanction
any curriculum (including the alignment of such curriculum to
any specific academic standard) designed to be used in an early
childhood education program, elementary school, secondary
school, or institution of higher education.
(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--
(1) In general.--Notwithstanding any other
provision of Federal law, no State shall be required to
have academic content or academic achievement standards
approved or certified by the Federal Government, in
order to receive assistance under this Act.
(2) Rules of construction.--
(A) Applicability.--Nothing in this
subsection shall be construed to affect
requirements under title I.
(B) State or local authority.--Nothing in
this section shall be construed to prohibit a
State, local educational agency, or school from
using funds provided under this Act for the
development or implementation of any
instructional content, academic standards,
academic assessments, curriculum, or program of
instruction that a State, local educational
agency, or school chooses, as permitted under
State and local law, as long as the use of such
funds is consistent with the terms of the
grant, contract, or cooperative agreement
providing such funds.
(3) Building standards.--Nothing in this Act shall
be construed to mandate national school building
standards for a State, local educational agency, or
school.
SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
(a) Policy.--
(1) Access to student recruiting information.-- * *
*
* * * * * * *
[(d) Special Rule.--A local educational agency prohibited
by Connecticut State law (either explicitly by statute or
through statutory interpretation by the State Supreme Court or
State Attorney General) from providing military recruiters with
information or access as required by this section shall have
until May 31, 2002, to comply with that requirement.]
* * * * * * *
[SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
[(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test in reading, mathematics, or any other
subject, unless specifically and explicitly authorized by law.
[(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.]
SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, incentivize,
pilot test, field test, implement, administer, or distribute
any federally sponsored national test in reading, mathematics,
or any other subject, unless specifically and explicitly
authorized by law, including any assessment or testing
materials aligned to the Common Core State Standards developed
under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States.
(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a State, local educational agency, or
school from using funds provided under this Act for the
development or implementation of any instructional content,
academic standards, academic assessments, curriculum, or
program of instruction that a State or local educational agency
or school chooses, as permitted under State and local law, as
long as the use of such funds is consistent with the terms of
the grant, contract, or cooperative agreement providing such
funds.
SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers, principals, or education
paraprofessionals, including any planning, development,
implementation, or administration of, or incentive regarding,
such test or certification.
* * * * * * *
SEC. 9536. [20 U.S.C. 7916] SEVERABILITY.
If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
SEC. [4155]9537. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
(a) Nonapplication of Provisions.--This section shall not
apply to any disciplinary records with respect to a suspension
or expulsion that are transferred from a private, parochial or
other nonpublic school, person, institution, or other entity,
that provides education below the college level.
(b) Disciplinary Records.--In accordance with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g),
not later than 2 years after the date of enactment of this
part, each State receiving Federal funds under this Act shall
provide an assurance to the Secretary that the State has a
procedure in place to facilitate the transfer of disciplinary
records, with respect to a suspension or expulsion, by local
educational agencies to any private or public elementary school
or secondary school for any student who is enrolled or seeks,
intends, or is instructed to enroll, on a full- or part-time
basis, in the school.
* * * * * * *
SEC. 9538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
(a) In General.--To ensure timely and meaningful
consultation on issues affecting American Indian and Alaska
Native students, an affected local educational agency shall
consult with appropriate officials from Indian tribes or tribal
organizations approved by the tribes located in the area served
by the local educational agency during the design and
development of the affected local educational agency's programs
under this Act, with the overarching goal of meeting the unique
cultural, language, and educational needs of American Indian
and Alaska Native students.
(b) Timing.--The consultation described in subsection (a)
shall include meetings of officials from the affected local
educational agency and the tribes or tribal organizations
approved by the tribes and shall occur before the affected
local educational agency makes any decision regarding how the
needs of American Indian and Alaska Native children will be met
in covered programs or in services or activities provided under
title VII.
(c) Documentation.--Each affected local educational agency
shall maintain in the agency's records and provide to the State
educational agency a written affirmation signed by officials of
the participating tribes or tribal organizations approved by
the tribes that the consultation required by this section has
occurred. If such officials do not provide such affirmation
within a reasonable period of time, the affected local
educational agency shall forward documentation that such
consultation has taken place to the State educational agency.
(d) Affected Local Educational Agency.--In this section,
the term ``affected local educational agency'' means a local
educational agency--
(1) with an enrollment of American Indian or Alaska
Native students that is not less than 50 percent of the
total enrollment of the local educational agency; or
(2) with an enrollment of not less than 50 American
Indian or Alaska Native students.
SEC. 9539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL
EDUCATIONAL AGENCIES.
(a) Outreach.--The Secretary shall engage in outreach to
rural local educational agencies regarding opportunities to
apply for competitive grant programs under this Act.
(b) Technical Assistance.--If requested to do so, the
Secretary shall provide technical assistance to rural local
educational agencies with locale codes 32, 33, 41, 42, or 43,
or an educational service agency representing rural local
educational agencies with locale codes 32, 33, 41, 42, or 43 on
applications or pre-applications for any competitive grant
program under this Act. No rural local educational agency or
educational service agency shall be required to request
technical assistance or include any technical assistance
provided by the Secretary in any application.
* * * * * * *
Subpart [5]3--Teacher Liability Protection
SEC. [2361]9541. SHORT TITLE.
This subpart may be cited as the ``Paul D. Coverdell
Teacher Protection Act of 2001''.
* * * * * * *
SEC. [2362]9542. PURPOSE.
The purpose of this subpart is to provide teachers,
principals, and other school professionals the tools they need
to undertake reasonable actions to maintain order, discipline,
and an appropriate educational environment.
* * * * * * *
SEC. [2363]9543. DEFINITIONS.
For purposes of this subpart:
(1) Economic loss.--The term ``economic loss''
means any pecuniary loss resulting from harm (including
the loss of earnings or other benefits related to
employment, medical expense loss, replacement services
loss, loss due to death, burial costs, and loss of
business or employment opportunities) to the extent
recovery for such loss is allowed under applicable
State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss.--The term ``noneconomic
loss'' means loss for physical or emotional pain,
suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss
of society or companionship, loss of consortium (other
than loss of domestic service), hedonic damages, injury
to reputation, or any other nonpecuniary loss of any
kind or nature.
(4) School.--The term ``school'' means a public or
private kindergarten, a public or private elementary
school or secondary school, or a home school.
(5) 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, any other
territory or possession of the United States, or any
political subdivision of any such State, territory, or
possession.
(6) Teacher.--The term ``teacher'' means--
(A) a teacher, instructor, principal, or
administrator;
(B) another educational professional who
works in a school;
(C) a professional or nonprofessional
employee who--
(i) works in a school; and
(ii)(I) in the employee's job,
maintains discipline or ensures safety;
or
(II) in an emergency, is called on
to maintain discipline or ensure
safety; or
(D) an individual member of a school board
(as distinct from the board).
* * * * * * *
SEC. [2364]9544. APPLICABILITY
This subpart shall only apply to States that receive funds
under this Act, and shall apply to such a State as a condition
of receiving such funds.
* * * * * * *
SEC. [2365]9545. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--This subpart preempts the laws of any
State to the extent that such laws are inconsistent with this
subpart, except that this subpart shall not preempt any State
law that provides additional protection from liability relating
to teachers.
(b) Election of State Regarding Nonapplicability.--This
subpart shall not apply to any civil action in a State court
against a teacher with respect to claims arising within that
State if such State enacts a statute in accordance with State
requirements for enacting legislation--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this
subpart shall not apply, as of a date certain, to such
civil action in the State; and
(3) containing no other provisions.
* * * * * * *
SEC. [2366]9546. LIMITATION ON LIABILITY FOR TEACHERS.
(a) Liability Protection for Teachers.-- Except as provided
in subsection (b), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of
the school if--
(1) the teacher was acting within the scope of the
teacher's employment or responsibilities to a school or
governmental entity;
(2) the actions of the teacher were carried out in
conformity with Federal, State, and local laws
(including rules and regulations) in furtherance of
efforts to control, discipline, expel, or suspend a
student or maintain order or control in the classroom
or school;
(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the
appropriate authorities for the activities or practice
involved in the State in which the harm occurred, where
the activities were or practice was undertaken within
the scope of the teacher's responsibilities;
(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or
safety of the individual harmed by the teacher; and
(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to--
(A) possess an operator's license; or
(B) maintain insurance.
(b) Exceptions to Teacher Liability Protection.--If the
laws of a State limit teacher liability subject to one or more
of the following conditions, such conditions shall not be
construed as inconsistent with this section:
(1) A State law that requires a school or
governmental entity to adhere to risk management
procedures, including mandatory training of teachers.
(2) A State law that makes the school or
governmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is
liable for the acts or omissions of its employees.
[State law that makes a limitation of liability
inapplicable if the civil action was brought by an
officer of a State or local government pursuant to
State or local law.]
(3) A State law that makes a limitation of
liability inapplicable if the civil action was brought
by an officer of a State or local government pursuant
to State or local law.
(c) Limitation on Punitive Damages Based on the Actions of
Teachers.--
(1) General rule.--Punitive damages may not be
awarded against a teacher in an action brought for harm
based on the act or omission of a teacher acting within
the scope of the teacher's employment or
responsibilities to a school or governmental entity
unless the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an act
or omission of such teacher that constitutes willful or
criminal misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual
harmed.
(2) Construction.--Paragraph (1) does not create a
cause of action for punitive damages and does not
preempt or supersede any Federal or State law to the
extent that such law would further limit the award of
punitive damages.
(d) Exceptions to Limitations on Liability.--
(1) In general.--The limitations on the liability
of a teacher under this subpart shall not apply to any
misconduct that--
(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international
terrorism (as that term is defined in section
2331 of title 18, United States Code) for which
the defendant has been convicted in any court;
(B) involves a sexual offense, as defined
by applicable State law, for which the
defendant has been convicted in any court;
(C) involves misconduct for which the
defendant has been found to have violated a
Federal or State civil rights law; or
(D) where the defendant was under the
influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug
at the time of the misconduct.
(2) Hiring.--The limitations on the liability of a
teacher under this subpart shall not apply to
misconduct during background investigations, or during
other actions, involved in the hiring of a teacher.
(e) Rules of Construction.--
(1) Concerning responsibility of teachers to
schools and governmental entities.--Nothing in this
section shall be construed to affect any civil action
brought by any school or any governmental entity
against any teacher of such school.
(2) Concerning corporal punishment.--Nothing in
this subpart shall be construed to affect any State or
local law (including a rule or regulation) or policy
pertaining to the use of corporal punishment.
* * * * * * *
SEC. [2367]9547. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.
(a) General Rule.-- In any civil action against a teacher,
based on an act or omission of a teacher acting within the
scope of the teacher's employment or responsibilities to a
school or governmental entity, the liability of the teacher for
noneconomic loss shall be determined in accordance with
subsection (b).
(b) Amount of Liability.--
(1) In general.--
(A) Liability.--Each defendant who is a
teacher shall be liable only for the amount of
noneconomic loss allocated to that defendant in
direct proportion to the percentage of
responsibility of that defendant (determined in
accordance with paragraph (2)) for the harm to
the claimant with respect to which that
defendant is liable.
(B) Separate judgment.--The court shall
render a separate judgment against each
defendant in an amount determined pursuant to
subparagraph (A).
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to
a defendant who is a teacher under this section, the
trier of fact shall determine the percentage of
responsibility of each person responsible for the
claimant's harm, whether or not such person is a party
to the action.
(c) Rule of Construction.--Nothing in this section shall be
construed to preempt or supersede any Federal or State law that
further limits the application of joint liability in a civil
action described in subsection (a), beyond the limitations
established in this section.
SEC. [2368]9548. EFFECTIVE DATE.
(a) In General.-- This subpart shall take effect 90 days
after the date of enactment of the No Child Left Behind Act of
2001.
(b) Application.--This subpart applies to any claim for
harm caused by an act or omission of a teacher if that claim is
filed on or after the effective date of the No Child Left
Behind Act of 2001 without regard to whether the harm that is
the subject of the claim or the conduct that caused the harm
occurred before such effective date.
* * * * * * *
[Subpart 4--Limitation on Availability of Certain Funds for
Schools]Subpart 4--Internet Safety
SEC. [2441]9551. INTERNET SAFETY.
(a) In General.--No funds made available under this part to
a local educational agency for an elementary school or
secondary school that does not receive services at discount
rates under section 254(h)(5) of the Communications Act of 1934
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to
access the Internet, or to pay for direct costs associated with
accessing the Internet, for such school unless the school,
school board, local educational agency, or other authority with
responsibility for administration of such school both--
(1)(A) has in place a policy of Internet safety for
minors that includes the operation of a technology
protection measure with respect to any of its computers
with Internet access that protects against access
through such computers to visual depictions that are--
(i) obscene;
(ii) child pornography; or
(iii) harmful to minors; and
(B) is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and
(2)(A) has in place a policy of Internet safety
that includes the operation of a technology protection
measure with respect to any of its computers with
Internet access that protects against access through
such computers to visual depictions that are--
(i) obscene; or
(ii) child pornography; and
(B) is enforcing the operation of such technology
protection measure during any use of such computers.
(b) Timing and Applicability of Implementation.--
(1) In general.--The local educational agency with
responsibility for a school covered by subsection (a)
shall certify the compliance of such school with the
requirements of subsection (a) as part of the
application process for the next program funding year
under this Act following December 21, 2000, and for
each subsequent program funding year thereafter.
(2) Process.--
(A) Schools with internet safety policies
and technology protection measures in place.--A
local educational agency with responsibility
for a school covered by subsection (a) that has
in place an Internet safety policy meeting the
requirements of subsection (a) shall certify
its compliance with subsection (a) during each
annual program application cycle under this
Act.
(B) Schools without internet safety
policies and technology protection measures in
place.--
(i) Certification.--A local
educational agency with responsibility
for a school covered by subsection (a)
that does not have in place an Internet
safety policy meeting the requirements
of subsection (a)--
(I) for the first program
year after December 21, 2000,
in which the local educational
agency is applying for funds
for such school under this Act,
shall certify that it is
undertaking such actions,
including any necessary
procurement procedures, to put
in place an Internet safety
policy that meets such
requirements; and
(II) for the second program
year after December 21, 2000,
in which the local educational
agency is applying for funds
for such school under this Act,
shall certify that such school
is in compliance with such
requirements.
(ii) Ineligibility.--Any school
covered by subsection (a) for which the
local educational agency concerned is
unable to certify compliance with such
requirements in such second program
year shall be ineligible for all
funding under this part for such second
program year and all subsequent program
years until such time as such school
comes into compliance with such
requirements.
(C) Waivers.--Any school subject to a
certification under subparagraph (B)(i)(II) for
which the local educational agency concerned
cannot make the certification otherwise
required by that subparagraph may seek a waiver
of that subparagraph if State or local
procurement rules or regulations or competitive
bidding requirements prevent the making of the
certification otherwise required by that
subparagraph. The local educational agency
concerned shall notify the Secretary of the
applicability of that subparagraph to the
school. Such notice shall certify that the
school will be brought into compliance with the
requirements in subsection (a) before the start
of the third program year after December 21,
2000, in which the school is applying for funds
under this part.
(c) Disabling During Certain Use.--An administrator,
supervisor, or person authorized by the responsible authority
under subsection (a) may disable the technology protection
measure concerned to enable access for bona fide research or
other lawful purposes.
(d) Noncompliance.--
(1) Use of general education provisions act
remedies.--Whenever the Secretary has reason to believe
that any recipient of funds under this part is failing
to comply substantially with the requirements of this
section, the Secretary may--
(A) withhold further payments to the
recipient under this part;
(B) issue a complaint to compel compliance
of the recipient through a cease and desist
order; or
(C) enter into a compliance agreement with
a recipient to bring it into compliance with
such requirements,
in same manner as the Secretary is authorized to take
such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act.
(2) Recovery of funds prohibited.--The actions
authorized by paragraph (1) are the exclusive remedies
available with respect to the failure of a school to
comply substantially with a provision of this section,
and the Secretary shall not seek a recovery of funds
from the recipient for such failure.
(3) Recommencement of payments.--Whenever the
Secretary determines (whether by certification or other
appropriate evidence) that a recipient of funds who is
subject to the withholding of payments under paragraph
(1)(A) has cured the failure providing the basis for
the withholding of payments, the Secretary shall cease
the withholding of payments to the recipient under that
paragraph.
(e) Definitions.--In this subpart:
(1) Computer.--The term ``computer'' includes any
hardware, software, or other technology attached or
connected to, installed in, or otherwise used in
connection with a computer.
(2) Access to internet.--A computer shall be
considered to have access to the Internet if such
computer is equipped with a modem or is connected to a
computer network that has access to the Internet.
(3) Acquisition or operation.--An elementary school
or secondary school shall be considered to have
received funds under this part for the acquisition or
operation of any computer if such funds are used in any
manner, directly or indirectly--
(A) to purchase, lease, or otherwise
acquire or obtain the use of such computer; or
(B) to obtain services, supplies, software,
or other actions or materials to support, or in
connection with, the operation of such
computer.
(4) Minor.--The term ``minor'' means an individual
who has not attained the age of 17.
(5) Child pornography.--The term ``child
pornography'' has the meaning given that term in
section 2256 of title 18, United States Code.
(6) Harmful to minors.--The term ``harmful to
minors'' means any picture, image, graphic image file,
or other visual depiction that--
(A) taken as a whole and with respect to
minors, appeals to a prurient interest in
nudity, sex, or excretion;
(B) depicts, describes, or represents, in a
patently offensive way with respect to what is
suitable for minors, an actual or simulated
sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a
lewd exhibition of the genitals; and
(C) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors.
(7) Obscene.--The term ``obscene'' has the meaning
applicable to that term under section 1460 of title 18,
United States Code.
(8) Sexual act and sexual contact.--The terms
``sexual act'' and ``sexual contact'' have the meanings
given those terms in section 2246 of title 18, United
States Code.
(f) Severability.--If any provision of this section is held
invalid, the remainder of this section shall not be affected
thereby.
* * * * * * *
Subpart [3]5--Gun Possession
SEC. [4141]9561. GUN-FREE REQUIREMENTS.
(a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
(b) Requirements.--
(1) In general.--Each State receiving Federal funds
under any title of this Act shall have in effect a
State law requiring local educational agencies to expel
from school for a period of not less than 1 year a
student who is determined to have brought a firearm to
a school, or to have possessed a firearm at a school,
under the jurisdiction of local educational agencies in
that State, except that such State law shall allow the
chief administering officer of a local educational
agency to modify such expulsion requirement for a
student on a case-by-case basis if such modification is
in writing.
(2) Construction.--Nothing in this subpart shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
(3) Definition.--For the purpose of this section,
the term ``firearm'' has the same meaning given such
term in section 921(a) of title 18, United States Code.
(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under any
title of this Act shall provide to the State, in the
application requesting such assistance--
(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (b); and
(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
(A) the name of the school concerned;
(B) the number of students expelled from
such school; and
(C) the type of firearms concerned.
(e) Reporting.--Each State shall report the information
described in subsection (d) to the Secretary on an annual
basis.
(f) Definition.--For the purpose of subsection (d), the
term ``school'' means any setting that is under the control and
supervision of the local educational agency for the purpose of
student activities approved and authorized by the local
educational agency.
(g) Exception.--Nothing in this section shall apply to a
firearm that is lawfully stored inside a locked vehicle on
school property, or if it is for activities approved and
authorized by the local educational agency and the local
educational agency adopts appropriate safeguards to ensure
student safety.
(h) Policy Regarding Criminal Justice System Referral.--
(1) In general.--No funds shall be made available
under any title of this Act to any local educational
agency unless such agency has a policy requiring
referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm
or weapon to a school served by such agency.
(2) Definition.--For the purpose of this
subsection, the term ``school'' has the same meaning
given to such term by section 921(a) of title 18,
United States Code.
* * * * * * *
[PART C--ENVIRONMENTAL TOBACCO SMOKE]
Subpart 6--Environmental Tobacco Smoke
SEC. [4301]9571. SHORT TITLE.
This part may be cited as the ``Pro-Children Act of 2001''.
* * * * * * *
SEC. [4302]9572. DEFINITIONS.
As used in this part:
(1) Children.--The term ``children'' means
individuals who have not attained the age of 18.
(2) Children's services.--The term ``children's
services'' means the provision on a routine or regular
basis of health, day care, education, or library
services--
(A) that are funded, after the date of
enactment of the No Child Left Behind Act of
2001, directly by the Federal Government or
through State or local governments, by Federal
grant, loan, loan guarantee, or contract
programs--
(i) administered by either the
Secretary of Health and Human Services
or the Secretary of Education (other
than services provided and funded
solely under titles XVIII and XIX of
the Social Security Act); or
(ii) administered by the Secretary
of Agriculture in the case of a clinic
(as defined in part 246.2 of title 7,
Code of Federal Regulations (or any
corresponding similar regulation or
ruling)) under section 17(b)(6) of the
Child Nutrition Act of 1966; or
(B) that are provided in indoor facilities
that are constructed, operated, or maintained
with such Federal funds, as determined by the
appropriate head of a Federal agency in any
enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A)
is intended to include facilities (other than clinics)
where coupons are redeemed under the Child Nutrition
Act of 1966.
(3) Indoor facility.--The term ``indoor facility''
means a building that is enclosed.
(4) Person.--The term ``person'' means any State or
local subdivision of a State, agency of such State or
subdivision, corporation, or partnership that owns or
operates or otherwise controls and provides children's
services or any individual who owns or operates or
otherwise controls and provides such services.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
* * * * * * *
SEC. [4303]9573. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Prohibition.--After the date of enactment of the No
Child Left Behind Act of 2001, no person shall permit smoking
within any indoor facility owned or leased or contracted for,
and utilized, by such person for provision of routine or
regular kindergarten, elementary, or secondary education or
library services to children.
(b) Additional Prohibition.--
(1) In general.--After the date of enactment of the
No Child Left Behind Act of 2001, no person shall
permit smoking within any indoor facility (or portion
of such a facility) owned or leased or contracted for,
and utilized by, such person for the provision of
regular or routine health care or day care or [early
childhood development (Head Start) services]early
childhood education programs.
(2) Exception.--Paragraph (1) shall not apply to--
(A) any portion of such facility that is
used for inpatient hospital treatment of
individuals dependent on, or addicted to, drugs
or alcohol; and
(B) any private residence.
(c) Federal Agencies.--
(1) Kindergarten, elementary, or secondary
education or library services.--After the date of
enactment of the No Child Left Behind Act of 2001, no
Federal agency shall permit smoking within any indoor
facility in the United States operated by such agency,
directly or by contract, to provide routine or regular
kindergarten, elementary, or secondary education or
library services to children.
(2) Health or day care or early childhood
[development services]education programs.--
(A) In general.--After the date of
enactment of the No Child Left Behind Act of
2001, no Federal agency shall permit smoking
within any indoor facility (or portion of such
facility) operated by such agency, directly or
by contract, to provide routine or regular
health or day care or early childhood
[development (Head Start) services]education
programs to children.
(B) Exception.--Subparagraph (A) shall not
apply to--
(i) any portion of such facility
that is used for inpatient hospital
treatment of individuals dependent on,
or addicted to, drugs or alcohol; and
(ii) any private residence.
(3) Application of provisions.--The provisions of
paragraph (2) shall also apply to the provision of such
routine or regular kindergarten, elementary or
secondary education or library services in the
facilities described in paragraph (2) not subject to
paragraph (1).
(d) Notice.--The prohibitions in subsections (a) through
(c) shall be published in a notice in the Federal Register by
the Secretary (in consultation with the heads of other affected
agencies) and by such agency heads in funding arrangements
involving the provision of children's services administered by
such heads. Such prohibitions shall be effective 90 days after
such notice is published, or 270 days after the date of
enactment of the No Child Left Behind Act of 2001, whichever
occurs first.
(e) Civil Penalties.--
(1) In general.--Any failure to comply with a
prohibition in this section shall be considered to be a
violation of this section and any person subject to
such prohibition who commits such violation may be
liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or may
be subject to an administrative compliance order, or
both, as determined by the Secretary. Each day a
violation continues shall constitute a separate
violation. In the case of any civil penalty assessed
under this section, the total amount shall not exceed
50 percent of the amount of Federal funds received
under any title of this Act by such person for the
fiscal year in which the continuing violation occurred.
For the purpose of the prohibition in subsection (c),
the term ``person'', as used in this paragraph, shall
mean the head of the applicable Federal agency or the
contractor of such agency providing the services to
children.
(2) Administrative proceeding.--A civil penalty may
be assessed in a written notice, or an administrative
compliance order may be issued under paragraph (1), by
the Secretary only after an opportunity for a hearing
in accordance with section 554 of title 5, United
States Code. Before making such assessment or issuing
such order, or both, the Secretary shall give written
notice of the assessment or order to such person by
certified mail with return receipt and provide
information in the notice of an opportunity to request
in writing, not later than 30 days after the date of
receipt of such notice, such hearing. The notice shall
reasonably describe the violation and be accompanied
with the procedures for such hearing and a simple form
that may be used to request such hearing if such person
desires to use such form. If a hearing is requested,
the Secretary shall establish by such certified notice
the time and place for such hearing, which shall be
located, to the greatest extent possible, at a location
convenient to such person. The Secretary (or the
Secretary's designee) and such person may consult to
arrange a suitable date and location where appropriate.
(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the
nature of the administrative compliance order, the
Secretary shall take into account, as appropriate--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, any good
faith efforts to comply, the importance of
achieving early and permanent compliance, the
ability to pay or comply, the effect of the
penalty or order on the ability to continue
operation, any prior history of the same kind
of violation, the degree of culpability, and
any demonstration of willingness to comply with
the prohibitions of this section in a timely
manner; and
[C) such other matters as justice may
require.](C) such other matters as justice may
require.
(4) Modification.--The Secretary may, as
appropriate, compromise, modify, or remit, with or
without conditions, any civil penalty or administrative
compliance order. In the case of a civil penalty, the
amount, as finally determined by the Secretary or
agreed upon in compromise, may be deducted from any
sums that the United States or the agencies or
instrumentalities of the United States owe to the
person against whom the penalty is assessed.
(5) Petition for review.--Any person aggrieved by a
penalty assessed or an order issued, or both, by the
Secretary under this section may file a petition for
judicial review of the order with the United States
Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. Such person shall provide a copy of
the petition to the Secretary or the Secretary's
designee. The petition shall be filed within 30 days
after the Secretary's assessment or order, or both, are
final and have been provided to such person by
certified mail. The Secretary shall promptly provide to
the court a certified copy of the transcript of any
hearing held under this section and a copy of the
notice or order.
(6) Failure to comply.--If a person fails to pay an
assessment of a civil penalty or comply with an order,
after the assessment or order, or both, are final under
this section, or after a court has entered a final
judgment under paragraph (5) in favor of the Secretary,
the Attorney General, at the request of the Secretary,
shall recover the amount of the civil penalty (plus
interest at prevailing rates from the day the
assessment or order, or both, are final) or enforce the
order in an action brought in the appropriate district
court of the United States. In such action, the
validity and appropriateness of the penalty or order or
the amount of the penalty shall not be subject to
review.
* * * * * * *
SEC. [4304]9574. PREEMPTION.
Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this part.
* * * * * * *
PART [F]G--EVALUATIONS
[SEC. 9601. EVALUATIONS.
[(a) Reservation of Funds.--Except as provided in
subsections (b) and (c), the Secretary may reserve not more
than 0.5 percent of the amount appropriated to carry out each
categorical program and demonstration project authorized under
this Act--
[(1) to conduct--
[(A) comprehensive evaluations of the
program or project; and
[(B) studies of the effectiveness of the
program or project and its administrative
impact on schools and local educational
agencies;
[(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary, and secondary programs
under any other Federal law; and
[(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and use of information
relating to performance under the program or project.
[(b) Titles I and III Excluded.--The Secretary may not
reserve under subsection (a) funds appropriated to carry out
any program authorized under title I or title III.
[(c) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act (other than title I), funds are
authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not
reserve additional funds under this section for the evaluation
of that program or project.]
SEC. 9601. EVALUATIONS.
(a) Reservation of Funds.--Except as provided in subsection
(b) and (e), the Secretary, in consultation with the Director
of the Institute of Education Sciences, may reserve not more
than 0.5 percent of the amount appropriated for each program
authorized under this Act to carry out activities under this
section. If the Secretary elects to make a reservation under
this subsection, 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 programs 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 programs and the administrative impact of
the programs 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, or 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--
(i) Federal programs assisted or
authorized under this Act; and
(ii) related Federal early
childhood education programs, preschool
programs, elementary school programs,
and secondary school programs, under
any other Federal law;
(B) to increase the usefulness of the
evaluations conducted under this section by
improving the quality, timeliness, efficiency,
and use of information relating to performance
to promote continuous improvement of programs
assisted or authorized under this Act; and
(C) to assist recipients of grants under
such programs in collecting and analyzing data
and other activities related to conducting
high-quality evaluations under paragraph (1).
(b) Title I.--The Secretary, acting through the Director of
the Institute of Education Sciences, shall use funds authorized
under section 1002(e) to carry out evaluation activities under
this section related to title I, and shall not reserve any
other money from such title for evaluation.
(c) Consolidation.--Notwithstanding any other provision of
this section or section 1002(e), the Secretary, in consultation
with the Director of the Institute of Education Sciences--
(1) may consolidate the funds reserved under
subsections (a) and (b) for purposes of carrying out
the activities under subsection (a)(1); and
(2) shall not be required to evaluate under
subsection (a)(1) each program authorized under this
Act each year.
(d) 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 (a) 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 (a) for the most recent 2-year
period; and
(3) describes how programs authorized under this
Act will be regularly evaluated.
(e) 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.
[Editor's Note: The McKinney-Vento Homeless Assistance Act
changes in existing law do not appear in this report. In
consulting with the Senate Legislative Counsel, this office was
advised that the compilation needed to show the changes was
updated prior to completion of this report.]
* * * * * * *
[all]