[House Report 112-459]
[From the U.S. Government Publishing Office]
112th Congress } { Rept. 112-459
2d Session } HOUSE OF REPRESENTATIVES { Part 1
_______________________________________________________________________
ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT
----------
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE WORKFORCE
to accompany
H.R. 3990
TO ENCOURAGE EFFECTIVE TEACHERS IN THE CLASSROOMS OF THE UNITED STATES
AND INNOVATIVE EDUCATION PROGRAMS IN OUR NATION'S SCHOOLS
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 27, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT
112th Congress } { Rept. 112-459
2d Session } HOUSE OF REPRESENTATIVES { Part 1
_______________________________________________________________________
ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT
__________
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE WORKFORCE
to accompany
H.R. 3990
TO ENCOURAGE EFFECTIVE TEACHERS IN THE CLASSROOMS OF THE UNITED STATES
AND INNOVATIVE EDUCATION PROGRAMS IN OUR NATION'S SCHOOLS
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 27, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------
U.S. GOVERNMENT PRINTING OFFICE
73-976 WASHINGTON : 2012
112th Congress } { Rept. 112-459
2d Session } HOUSE OF REPRESENTATIVES { Part 1
=======================================================================
ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT
_______
April 27, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3990]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 3990) to encourage effective teachers
in the classrooms of the United States and innovative education
programs in our Nation's schools, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Innovation and Effective
Teachers Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
TITLE I--TEACHER PREPARATION AND EFFECTIVENESS
Sec. 101. Teacher preparation and effectiveness.
Sec. 102. Conforming repeals.
TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
Sec. 201. Parental engagement and local flexibility.
TITLE III--IMPACT AID
Sec. 301. Purpose.
Sec. 302. Payments relating to Federal acquisition of real property.
Sec. 303. Payments for eligible federally connected children.
Sec. 304. Policies and procedures relating to children residing on
Indian lands.
Sec. 305. Application for payments under sections 8002 and 8003.
Sec. 306. Construction.
Sec. 307. Facilities.
Sec. 308. State consideration of payments providing State aid.
Sec. 309. Federal administration.
Sec. 310. Administrative hearings and judicial review.
Sec. 311. Definitions.
Sec. 312. Authorization of appropriations.
Sec. 313. Conforming amendments.
TITLE IV--TROOPS-TO-TEACHERS PROGRAM
Sec. 401. Troops-to-teachers program.
TITLE V--REPEAL
Sec. 501. Repeal of title VI.
TITLE VI--HOMELESS EDUCATION
Sec. 601. Statement of policy.
Sec. 602. Grants for State and local activities for the education of
homeless children and youths.
Sec. 603. Local educational agency subgrants for the education of
homeless children and youths.
Sec. 604. Secretarial responsibilities.
Sec. 605. Definitions.
Sec. 606. Authorization of appropriations.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
Unless otherwise provided in this Act, any person or agency that was
awarded a grant under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award, except that funds for such award may not continue more
than one year after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this Act,
and the amendments made by this Act, shall be effective upon the date
of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive programs
under which any funds are allotted by the Secretary of Education to
recipients on the basis of a formula, this Act, and the amendments made
by this Act, shall take effect on July 1, 2012.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2013.
(d) Impact Aid.--With respect to title IV of the Act (20 U.S.C. 7701
et seq.) (Impact Aid), this Act, and the amendments made by this Act,
shall take effect with respect to appropriations for use under that
title for fiscal year 2013.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title II.--There are authorized to be appropriated to carry out
title II $2,988,070,000 for fiscal year 2013.
``(b) Title III.--
``(1) Part a.--
``(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A of title
III $300,000,000 for fiscal year 2013.
``(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A of title
III $99,611,000 for fiscal year 2013.
``(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A of title
III $25,000,000 for fiscal year 2013.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title III $2,677,476,000 for fiscal year
2013.
``(c) Title IV.--
``(1) Payments for federal acquisition of real property.--For
the purpose of making payments under section 4002, there are
authorized to be appropriated $66,947,000 for fiscal year 2013.
``(2) Basic payments; payments for heavily impacted local
educational agencies.--For the purpose of making payments under
section 4003(b), there are authorized to be appropriated
$1,153,540,000 for fiscal year 2013.
``(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there are
authorized to be appropriated $48,413,000 for fiscal year 2013.
``(4) Construction.--For the purpose of carrying out section
4007, there are authorized to be appropriated $17,441,000 for
fiscal year 2013.
``(5) Facilities maintenance.--For the purpose of carrying
out section 4008, there are authorized to be appropriated
$4,845,000 for fiscal year 2013.
``(d) Out Years.--The amounts authorized in subsections (a), (b), and
(c) shall be increased for each of fiscal years 2014 through 2018 by a
percentage equal to the percentage of inflation according to the
Consumer Price Index, for the calendar year ending prior to the
beginning of that fiscal year.''.
TITLE I--TEACHER PREPARATION AND EFFECTIVENESS
SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS.
(a) Heading.--The title heading for title II (20 U.S.C. 6601 et seq.)
is amended to read as follows:
``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.
(b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended
to read as follows:
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. PURPOSE.
``The purpose of this part is to provide grants to State educational
agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with State
academic standards under section 1111;
``(2) improve teacher and school leader effectiveness;
``(3) provide evidence-based, continuous, job-embedded
professional development; and
``(4) develop and implement teacher evaluation systems to
link teacher performance with student achievement to determine
teacher effectiveness.
``Subpart 1--Grants to States
``SEC. 2111. ALLOTMENTS TO STATES.
``(a) In General.--Of the amounts appropriated under section 3(a),
the Secretary shall reserve 75 percent to 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.--Of the amount reserved under
subsection (a) for a fiscal year, the Secretary shall reserve--
``(A) not more than 1 percent to carry out national
activities under section 2132;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) 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.
``(2) State allotments.--
``(A) In general.--Subject to subparagraph (B), from
the funds reserved under subsection (a) for any fiscal
year and not reserved under paragraph (1), the
Secretary shall allot to each State the sum of--
``(i) an amount that bears the same
relationship to 50 percent of the funds 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 50 percent of the funds 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) Small state minimum.--No State receiving an
allotment under subparagraph (A) may receive less than
one-half of 1 percent of the total amount of funds
allotted under such subparagraph for a fiscal year.
``(c) Alternate Distribution of Funds.--
``(1) In general.--Subject to paragraphs (2) through (5), if
a State does not apply to the Secretary for an allotment under
this section, a local educational agency located in such State
may apply to the Secretary for a portion of the funds that
would have been allotted to the State had such State applied
for an allotment under this section to carry out the activities
under this part.
``(2) Application.--In order to receive an allotment under
paragraph (1), a local educational agency shall submit to the
Secretary an application at such time, in such manner, and
containing the information described in section 2122.
``(3) Use of funds.--A local educational agency receiving an
allotment under paragraph (1)--
``(A) shall use such funds to carry out the
activities described in section 2123(1); and
``(B) may use such funds to carry out the activities
described in section 2123(2).
``(4) Reporting requirements.--A local educational agency
receiving an allotment under paragraph (1) shall carry out the
reporting requirements described in section 2131(a), except
that annual reports shall be submitted to the Secretary and not
a State educational agency.
``(5) Amount of allotment.--An allotment made to a local
educational agency under paragraph (1) for a fiscal year shall
be equal to the amount of subgrant funds that the local
educational agency would have received under subpart 2 had such
agency applied for a subgrant under such subpart for such
fiscal year.
``(d) Reallotment.--If a State does not apply for an allotment under
this section for any fiscal year or only a portion of the State's
allotment is allotted under subsection (c), the Secretary shall reallot
the State's entire allotment or the remaining portion of its allotment,
as the case may be, to the remaining States in accordance with
subsection (b).
``SEC. 2112. STATE APPLICATION.
``(a) In General.--For a State to be eligible to receive a grant
under this subpart, the State educational agency shall submit an
application to the Secretary at such time and in such a manner as the
Secretary may reasonably require, which shall include the following:
``(1) A description of how the State educational agency will
meet the requirements of this subpart.
``(2) A description of how the State educational agency will
use a grant received under section 2111, including the grant
funds the State will reserve for State-level activities under
section 2113(a)(2).
``(3) A description of how the State educational agency will
facilitate the sharing of evidence-based and other effective
strategies among local educational agencies.
``(4) In the case of a State educational agency that is not
developing or implementing a statewide teacher evaluation
system, a description of how the State educational agency will
ensure that each local educational agency in the State
receiving a subgrant under subpart 2 will implement a teacher
evaluation system that meets the requirements of clauses (i)
through (v) of section 2123(1)(A).
``(5) In the case of a State educational agency that is
developing or implementing a statewide teacher evaluation
system--
``(A) a description of how the State educational
agency will work with local educational agencies in the
State to implement the statewide teacher evaluation
system within 3 years of the date of enactment of the
Encouraging Innovation and Effective Teachers Act; and
``(B) an assurance that the statewide teacher
evaluation system complies with clauses (i) through (v)
of section 2123(1)(A).
``(6) An assurance that the State educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``(b) Deemed Approval.--An application submitted by a State
educational agency under 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.
``(c) Disapproval.--The Secretary shall not finally disapprove an
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that an 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.
``(e) Response.--If a State educational agency responds to a
notification from the Secretary under 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 a State educational agency does not
respond to a notification from the Secretary under 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. 2113. STATE USE OF FUNDS.
``(a) In General.--A State educational agency that receives a grant
under section 2111 shall--
``(1) reserve 95 percent of the grant funds to make subgrants
to local educational agencies under subpart 2; and
``(2) use the remainder of the funds, after reserving funds
under paragraph (1), for the State activities described in
subsection (b), except that the State may reserve not more than
1 percent of the grant funds for planning and administration
related to carrying out activities described in subsection (b).
``(b) State-level Activities.--A State educational agency that
receives a grant under section 2111--
``(1) shall use the amount described in subsection (a)(2)
to--
``(A) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide teacher
evaluation system--
``(I) the development and
implementation of a teacher evaluation
system that meets the requirements of
clauses (i) through (v) of section
2123(1)(A); and
``(II) training school leaders in
using such evaluation system; or
``(ii) in the case of a State educational
agency implementing a statewide teacher
evaluation system, implementing such evaluation
system; and
``(B) fulfill the State educational agency's
responsibilities with respect to the proper and
efficient administration of the subgrant program
carried out under this part; and
``(2) may use the amount described in subsection (a)(2) to--
``(A) disseminate and share evidence-based and other
effective practices related to teacher and school
leader effectiveness and professional development; and
``(B) provide professional development for teachers
and school leaders in the State consistent with clauses
(i) through (v) of section 2123(2)(B).
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State receiving a grant under section 2111
shall use the funds reserved under section 2113(a)(1) to award
subgrants to local educational agencies under this section.
``(b) Allocation of Funds.--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 the sum of--
``(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 in the geographic area served by the local educational
agency, as determined by the State 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
``(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 from families with incomes below the poverty line in the
geographic area served by the local educational agency, as
determined by the State 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.
``To be eligible to receive a subgrant under this subpart, a local
educational agency shall submit an application to the State educational
agency involved at such time, in such a manner, and containing such
information as the State educational agency may reasonably require
that, at a minimum, shall include the following:
``(1) A description of--
``(A) how the local educational agency will meet the
requirements of this subpart;
``(B) how the activities to be carried out by the
local educational agency under this subpart will be
evidence-based, improve student academic achievement,
and improve teacher and school leader effectiveness;
``(C) in the case of a local educational agency not
in a State with a statewide teacher evaluation system,
the teacher evaluation system that will be developed
and implemented under section 2123(1) and how such
system will meet the requirements described in clauses
(i) through (v) of section 2123(1)(A);
``(D) how, in developing and implementing such a
teacher evaluation system, the local educational agency
will work with parents, teachers, school leaders, and
other staff of the schools served by the local
educational agency; and
``(E) how the local educational agency will develop
and implement such a teacher evaluation system within 3
years of the date of enactment of the Encouraging
Innovation and Effective Teachers Act.
``(2) In the case of a local educational agency in a State
with a statewide teacher evaluation system, a description of
how the local educational agency will work with the State
educational agency to implement the statewide teacher
evaluation system within 3 years of the date of enactment of
the Encouraging Innovation and Effective Teachers Act.
``(3) An assurance that the local educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``SEC. 2123. LOCAL USE OF FUNDS.
``A local educational agency receiving a subgrant under this
subpart--
``(1) shall use such funds--
``(A) to develop and implement a teacher evaluation
system that--
``(i) uses student achievement data derived
from a variety of sources as a significant
factor in determining a teacher's evaluation,
with the weight given to such data defined by
the local educational agency;
``(ii) uses multiple measures of evaluation
for evaluating teachers;
``(iii) has more than 2 categories for rating
the performance of teachers;
``(iv) shall be used to make personnel
decisions, as determined by the local
educational agency; and
``(v) is based on input from parents, school
leaders, teachers, and other staff of schools
served by the local educational agency; or
``(B) in the case of a local educational agency
located in a State implementing a statewide teacher
evaluation system, to implement such evaluation system;
and
``(2) may use such funds for--
``(A) the training of school leaders for the purpose
of evaluating teachers under a teacher evaluation
system described in subparagraph (A) or (B) of
paragraph (1), as appropriate;
``(B) professional development for teachers and
school leaders that is evidence-based, job-embedded,
and continuous, such as--
``(i) subject-based professional development
for teachers;
``(ii) professional development aligned with
the State's academic standards;
``(iii) professional development for teachers
of students with disabilities and English
learners;
``(iv) professional development for teachers
identified as in need of additional support
through data provided by a teacher evaluation
system described in subparagraph (A) or (B) of
paragraph (1), as appropriate;
``(v) professional development based on the
current science of learning, which includes
research on positive brain change and cognitive
skill development;
``(vi) professional development for school
leaders, including mentorship programs for such
leaders; or
``(vii) professional development on
integrated, interdisciplinary, and project-
based teaching strategies, including for career
and technical education teachers;
``(C) partnering with a public or private
organization or a consortium of such organizations to
develop and implement a teacher evaluation system
described in subparagraph (A) or (B) of paragraph (1),
as appropriate;
``(D) any activities authorized under section
2222(a); or
``(E) class size reduction, except that the local
educational agency may use not more than 10 percent of
such funds for this purpose.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING REQUIREMENTS.
``(a) Local Educational Agencies.--Each local educational agency
receiving a subgrant under subpart 2 shall submit to the State
educational agency involved, on an annual basis until the last year in
which the local educational agency receives such subgrant funds, a
report on--
``(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
``(2) how the local educational agency is using such subgrant
funds;
``(3) the number and percentage of teachers in each category
established under clause (iii) of section 2123(1)(A), except
that such report shall not reveal personally identifiable
information about an individual teacher; and
``(4) any such other information as the State educational
agency may require.
``(b) State Educational Agencies.--Each State educational agency
receiving a grant under subpart 1 shall submit to the Secretary a
report, on an annual basis until the last year in which the State
educational agency receives such grant funds, on--
``(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
``(2) how the State educational agency is using such grant
funds.
``SEC. 2132. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and local
educational agencies in carrying out activities under this
part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by State
educational agencies and local educational agencies under this
part.
``SEC. 2133. STATE DEFINED.
``In this part, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.''.
(c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended
to read as follows:
``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
``SEC. 2201. PURPOSE.
``The purpose of this part is to improve student academic achievement
in the core academic subjects by--
``(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school leaders to
help all students meet the State's academic standards; and
``(2) increasing the number of teachers and school leaders
who are effective in increasing student academic achievement.
``Subpart 1--Formula Grants to States
``SEC. 2211. STATE ALLOTMENTS.
``(a) Reservations.--From the amount appropriated under section 3(a)
for any fiscal year, the Secretary--
``(1) shall reserve 25 percent to award grants to States
under this subpart; and
``(2) of the amount reserved under paragraph (1), shall
reserve--
``(A) not more than 1 percent for national activities
described in section 2233;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) 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) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the
Secretary shall allot, and make available in accordance with
this section, to each State 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.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) may receive less than one-half of 1 percent
of the total amount allotted under such paragraph.
``(3) Reallotment.--If a State does not receive 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.
``(c) State Application.--In order to receive an allotment under this
section for any fiscal year, a State shall submit an application to the
Secretary, at such time and in such manner as the Secretary may
reasonably require. Such application shall--
``(1) designate the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describe how the State educational agency will use
funds received under this section for State level activities
described in subsection (d)(3);
``(3) describe the procedures and criteria the State
educational agency will use for reviewing applications and
awarding subgrants to eligible entities under section 2221 on a
competitive basis;
``(4) describe how the State educational agency will ensure
that subgrants made under section 2221 are of sufficient size
and scope to support effective programs that will help increase
academic achievement in the classroom and are consistent with
the purposes of this part;
``(5) describe the steps the State educational agency will
take to ensure that eligible entities use subgrant funds
received under section 2221 to carry out programs that
implement effective strategies, including by providing ongoing
technical assistance and training, and disseminating evidence-
based and other effective strategies to such eligible entities;
``(6) describe how programs under this part will be
coordinated with other programs under this Act; and
``(7) include an assurance that, other than 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 decision-making
processes of eligible entities as to the expenditure of funds
made pursuant to an application submitted under section
2221(b).
``(d) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 92 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to eligible entities under
subpart 2.
``(2) State administration.--A State educational agency may
reserve not more than 1 percent of the amount made available to
the State under subsection (b) for the administrative costs of
carrying out such State educational agency's responsibilities
under this subpart.
``(3) State-level activities.--
``(A) Innovative teacher and school leader
activities.--A State educational agency shall reserve
not more than 4 percent of the amount made available to
the State under subsection (b) to carry out 1 or more
of the following activities:
``(i) Reforming teacher and school leader
certification, recertification, licensing, and
tenure systems to ensure that--
``(I) each teacher has the subject
matter knowledge and teaching skills
necessary to help students meet the
State's academic standards; and
``(II) school leaders have the
instructional leadership skills to help
teachers instruct and students learn.
``(ii) Carrying out programs that establish,
expand, or improve alternative routes for State
certification or licensure of teachers and
school leaders, including such programs for--
``(I) mid-career professionals from
other occupations, including science,
technology, engineering, and math
fields;
``(II) former military personnel; and
``(III) recent graduates of an
institution of higher education, with a
record of academic distinction, who
demonstrate the potential to become
effective teachers or school leaders.
``(iii) Developing, or assisting eligible
entities in developing--
``(I) performance-based pay systems
for teachers and school leaders;
``(II) strategies that provide
differential, incentive, or bonus pay
for teachers; or
``(III) teacher advancement
initiatives that promote professional
growth and emphasize multiple career
paths and pay differentiation.
``(iv) Developing, or assisting eligible
entities in developing, new teacher and school
leaders induction and mentoring programs that
are designed to--
``(I) improve instruction and student
learning and achievement; and
``(II) increase the retention of
effective teachers and school leaders.
``(v) Providing professional development for
teachers and school leaders that is focused
on--
``(I) improving teaching and student
learning and achievement in the core
academic subjects; and
``(II) improving teaching, student
learning, and achievement for students
with disabilities, English learners,
and other special populations.
``(vi) Providing training and technical
assistance to eligible entities that receive a
subgrant under section 2221.
``(vii) Other activities identified by the
State educational agency that meet the purposes
of this part, including those activities
authorized under subparagraph (B).
``(B) Teacher or school leader preparation
academies.--
``(i) In general.--In the case of a State in
which teacher or school leader preparation
academies are allowable under State law, a
State educational agency may reserve not more
than 3 percent of the amount made available to
the State under subsection (b) to support the
establishment or expansion of one or more
teacher or school leader preparation academies
and, subject to the limitation under clause
(iii), to support State authorizers for such
academies.
``(ii) Matching requirement.--A State
educational agency shall not provide funds
under this subparagraph to support the
establishment or expansion of a teacher or
school leader preparation academy unless the
academy agrees to provide, either directly or
through private contributions, non-Federal
matching funds equal to not less than 10
percent of the amount of the funds the academy
will receive under this subparagraph.
``(iii) Funding for state authorizers.--Not
more than 5 percent of funds provided to a
teacher or school leader preparation academy
under this subparagraph may be used to support
activities of State authorizers for such
academy.
``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a State pursuant
to section 2211(c) 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 section 2211(c).
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally disapprove
an application submitted under section 2211(c), except after
giving the State educational agency notice and an opportunity
for a hearing.
``(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
section 2211(c) the Secretary shall--
``(A) give the State educational agency notice and an
opportunity for a hearing; and
``(B) notify the State 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.
``(3) Response.--If a State educational agency responds to a
notification from the Secretary under paragraph (2)(B) during
the 45-day period beginning on the date on which the State
educational agency received the notification, and resubmits the
application with the requested information described in
paragraph (2)(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 subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, such application shall be deemed to be
disapproved.
``Subpart 2--Local Competitive Grant Program
``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives an allotment under section
2211(b) for a fiscal year shall use the amount reserved under section
2211(d)(1) to award subgrants, on a competitive basis, to eligible
entities in accordance with this section to enable such entities to
carry out the programs and activities described in section 2222.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant under
this section, 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 programs and activities to
be funded and how they are consistent with the purposes
of this part; and
``(B) an assurance that the eligible entity will
comply with section 5501 (regarding participation by
private school children and teachers).
``(c) Peer Review.--In reviewing applications under this section, a
State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall only judge the likelihood of the activity to increase student
academic achievement. The reviewers shall not make a determination
based on the policy of the proposed activity.
``(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not more than 5 years.
``(f) Matching.--An eligible entity receiving a subgrant under this
section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less than 10
percent of the amount of the subgrant.
``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible entity receiving a subgrant under
section 2221 shall use such subgrant funds to develop, implement, and
evaluate comprehensive programs and activities, that are in accordance
with the purpose of this part and--
``(1) are consistent with the principles of effectiveness
described in subsection (b); and
``(2) may include, among other programs and activities--
``(A) developing and implementing initiatives to
assist in recruiting, hiring, and retaining highly
effective teachers and school leaders, including
initiatives that provide--
``(i) differential, incentive, or bonus pay
for teachers;
``(ii) performance-based pay systems for
teachers and school leaders;
``(iii) teacher advancement initiatives that
promote professional growth and emphasize
multiple career paths and pay differentiation;
``(iv) new teacher and school leader
induction and mentoring programs that are
designed to improve instruction, student
learning and achievement, and to increase
teacher and school leader retention; and
``(v) teacher residency programs, and school
leader residency programs, designed to develop
and support new teachers or new school leaders,
respectively;
``(B) supporting the establishment or expansion of
teacher or school leader preparation academies under
section 2221(d)(3)(B);
``(C) recruiting qualified individuals from other
fields, including individuals from science, technology,
engineering, and math fields, mid-career professionals
from other occupations, and former military personnel;
``(D) establishing, improving, or expanding model
instructional programs in the core academic subjects to
ensure that all children meet the State's academic
standards;
``(E) providing high-quality professional development
for teachers and school leaders focused on improving
teaching and student learning and achievement in the
core academic subjects;
``(F) implementing programs based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
and
``(G) other activities and programs identified as
necessary by the local educational agency that meet the
purpose of this part.
``(b) Principles of Effectiveness.--For a program or activity
developed pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
``(1) be based upon an assessment of objective data regarding
the need for programs and activities in the elementary schools
and secondary schools served to increase the number of teachers
and school leaders who are effective in improving student
academic achievement;
``(2) reflect evidence-based research, or in the absence of a
strong research base, reflect effective strategies in the
field, that provide evidence that the program or activity will
improve student academic achievement in the core academic
subjects; and
``(3) include meaningful and ongoing consultation with, and
input from, teachers, school leaders, and parents, in the
development of the application and administration of the
program or activity.
``Subpart 3--General Provisions
``SEC. 2231. PERIODIC EVALUATION.
``(a) In General.--Each eligible entity and each teacher or school
leader preparation academy that receives funds under this part shall
undergo a periodic evaluation by the State educational agency involved
to assess such entity's or such academy's progress toward achieving the
purposes of this part.
``(b) Use of Results.--The results of an evaluation described in
subsection (a) of an eligible entity or academy shall be--
``(1) used to refine, improve, and strengthen such eligible
entity or such academy, respectively; and
``(2) made available to the public upon request, with public
notice of such availability provided.
``SEC. 2232. REPORTING REQUIREMENTS.
``(a) Eligible Entities and Academies.--Each eligible entity and each
teacher or school leader preparation academy that receives funds from a
State educational agency under this part shall prepare and submit
annually to such State educational agency a report that includes--
``(1) a description of the progress of the eligible entity or
teacher or school leader preparation academy, respectively, in
meeting the purposes of this part;
``(2) a description of the programs and activities conducted
by the eligible entity or teacher or school leader preparation
academy, respectively, with funds received under this part;
``(3) how the eligible entity or teacher or school leader
preparation academy, respectively, is using such funds; and
``(4) any such other information as the State educational
agency may require.
``(b) State Educational Agencies.--Each State educational agency that
receives a grant under this part shall prepare and submit, annually, to
the Secretary a report that includes--
``(1) a description of the programs and activities conducted
by the State educational agency with grant funds received under
this part;
``(2) a description of the progress of the State educational
agency in meeting the purposes of this part described in
section 2201;
``(3) how the State educational agency is using grant funds
received under this part;
``(4) the methods and criteria the State educational agency
used to award subgrants to eligible entities under section 2221
and, if applicable, funds to teacher or school leader academies
under section 2211(d)(3)(B); and
``(5) the results of the periodic evaluations conducted under
section 2231.
``SEC. 2233. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section 2211(a)(1),
the Secretary shall, directly or through grants and contracts--
``(1) provide technical assistance to States and eligible
entities in carrying out activities under this part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
States and eligible entities under this part.
``SEC. 2234. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or consortium of
local educational agencies;
``(B) an institution of higher education or
consortium of such institutions in partnership with a
local educational agency or consortium of local
educational agencies;
``(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a local
educational agency or consortium of local educational
agencies; or
``(D) a consortium of the entities described in
subparagraphs (B) and (C).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(3) State authorizer.--The term `State authorizer' means an
entity designated by the Governor of a State to authorize
teacher or school leader preparation academies within the State
that--
``(A) enters into an agreement with a teacher or
school leader preparation academy that--
``(i) specifies the goals expected of the
academy, which, at a minimum, include the goals
described in paragraph (4); and
``(ii) does not reauthorize the academy if
such goals are not met; and
``(B) may be a nonprofit organization, a State
educational agency, or other public entity, or
consortium of such entities (including a consortium of
State educational agencies).
``(4) Teacher or school leader preparation academy.--The term
`teacher or school leader preparation academy' means a public
or private entity, or a nonprofit or for-profit organization,
which may be an institution of higher education or an
organization affiliated with an institution of higher
education, that will prepare teachers or school leaders to
serve in schools, and that--
``(A) enters into an agreement with a State
authorizer that specifies the goals expected of the
academy, including--
``(i) a requirement that prospective teachers
or school leaders who are enrolled in a teacher
or school leader preparation academy receive a
significant part of their training through
clinical preparation that partners the
prospective candidate with an effective teacher
or school leader, respectively, with a
demonstrated record of increasing student
achievement, while also receiving concurrent
instruction from the academy in the content
area (or areas) in which the prospective
teacher or school leader will become certified
or licensed;
``(ii) the number of effective teachers or
school leaders, respectively, who will
demonstrate success in increasing student
achievement that the academy will produce; and
``(iii) a requirement that a teacher or
school leader preparation academy will only
award a certificate of completion after the
graduate demonstrates that the graduate is an
effective teacher or school leader,
respectively, with a demonstrated record of
increasing student achievement, except that an
academy may award a provisional certificate for
the period necessary to allow the graduate to
demonstrate such effectiveness;
``(B) does not have restrictions on the methods the
academy will use to train prospective teacher or school
leader candidates, including--
``(i) obligating (or prohibiting) the
academy's faculty to hold advanced degrees or
conduct academic research;
``(ii) restrictions related to the academy's
physical infrastructure;
``(iii) restrictions related to the number of
course credits required as part of the program
of study;
``(iv) restrictions related to the
undergraduate coursework completed by teachers
teaching or working on alternative
certificates, licenses, or credentials, as long
as such teachers have successfully passed all
relevant State-approved content area
examinations; or
``(v) restrictions related to obtaining
accreditation from an accrediting body for
purposes of becoming an academy;
``(C) limits admission to its program to prospective
teacher or school leader candidates who demonstrate
strong potential to improve student achievement, based
on a rigorous selection process that reviews a
candidate's prior academic achievement or record of
professional accomplishment; and
``(D) results in a certificate of completion that the
State may recognize as at least the equivalent of a
master's degree in education for the purposes of
hiring, retention, compensation, and promotion in the
State.
``(5) Teacher residency program.--The term `teacher residency
program' means a school-based teacher preparation program in
which a prospective teacher--
``(A) for one academic year, teaches alongside an
effective teacher, as determined by a teacher
evaluation system implemented under part A, who is the
teacher of record;
``(B) receives concurrent instruction during the year
described in subparagraph (A) from the partner
institution (as defined in section 200 of the Higher
Education Act of 1965 (20 U.S.C. 1021)), which courses
may be taught by local educational agency personnel or
residency program faculty, in the teaching of the
content area in which the teacher will become certified
or licensed; and
``(C) acquires effective teaching skills.''.
(d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is amended--
(1) by striking subparts 1 through 4;
(2) by striking the heading relating to subpart 5;
(3) by striking sections 2361 and 2368;
(4) in section 2362, by striking ``principals'' and inserting
``school leaders'';
(5) in section 2363(6)(A), by striking ``principal'' and
inserting ``school leader'';
(6) in section 2366(b), by striking ``ate law'' and inserting
``(3) A State law'';
(7) by redesignating section 2362 as section 2361;
(8) by redesignating sections 2364 through 2367 as sections
2362 through 2365, respectively; and
(9) by redesignating section 2363 as section 2366 and
transferring such section to appear after section 2365 (as so
redesignated).
(e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended
to read as follows:
``PART D--GENERAL PROVISIONS
``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
``In this title, the term `local educational agency' includes a
charter school (as defined in section 5101) that, in the absence of
this section, would not have received funds under this title.
``SEC. 2402. PARENTS' RIGHT TO KNOW.
``At the beginning of each school year, a local educational agency
that receives funds under this title shall notify the parents of each
student attending any school receiving funds under this title 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.
``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this title shall be used to supplement, and
not supplant, non-Federal funds that would otherwise be used for
activities authorized under this title.''.
SEC. 102. CONFORMING REPEALS.
(a) Conforming Repeals.--Title II of the Higher Education Act of 1965
(20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through
204.
(b) Effective Date.--The repeals made by subsection (a) shall take
effect October 1, 2012.
TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:
``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
``PART A--PARENTAL ENGAGEMENT
``Subpart 1--Charter School Program
``SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.
``It is the sense of the House of Representatives that the programs
for public charter schools under part B of title V be reauthorized as
such part was amended under the provisions of H.R. 2218, as passed by
the House of Representatives on September 13, 2011, and be transferred
and redesignated to this subpart.
``Subpart 2--Magnet School Assistance
``SEC. 3121. PURPOSE.
``The purpose of this subpart is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of 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 of magnet school
programs that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet State academic standards;
``(3) the development and design 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 career, technical,
and professional skills of students attending such schools;
``(5) improving the ability of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding for the magnet schools is terminated; and
``(6) ensuring that students enrolled in the magnet school
programs have equitable access to a quality education that will
enable the students to succeed academically and continue with
postsecondary education or employment.
``SEC. 3122. DEFINITION.
``For the purpose of this subpart, 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.
``SEC. 3123. PROGRAM AUTHORIZED.
``From the amount appropriated under section 3(b)(1)(B), the
Secretary, in accordance with this subpart, is authorized to award
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this subpart
for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 3124. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive a grant under this subpart to carry
out the purpose of this subpart if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary schools
and secondary schools of such agency; or
``(2) without having been required to do so, has adopted and
is implementing, or will, if a grant is awarded to such local
educational agency, or consortium of such agencies, under this
subpart, adopt and implement a plan that has been approved by
the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.
``SEC. 3125. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under this
subpart shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonably require.
``(b) Information and Assurances.--Each application submitted under
subsection (a) shall include--
``(1) a description of--
``(A) how a grant awarded under this subpart will be
used to promote desegregation, including 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;
``(C) how the applicant will continue the magnet
school program after assistance under this subpart is
no longer available, and, if applicable, an explanation
of why magnet schools established or supported by the
applicant with grant funds under this subpart cannot be
continued without the use of grant funds under this
subpart;
``(D) how grant funds under this subpart will be
used--
``(i) to improve student academic achievement
for all students attending the magnet school
programs; and
``(ii) to implement services and activities
that are consistent with other programs under
this Act, and other Acts, as appropriate; and
``(E) the criteria to be used in selecting students
to attend the proposed magnet school program; and
``(2) assurances that the applicant will--
``(A) use grant funds under this subpart for the
purposes specified in section 3121;
``(B) employ effective teachers in the courses of
instruction assisted under this subpart;
``(C) not engage in discrimination based on race,
religion, color, national origin, sex, or disability
in--
``(i) the hiring, promotion, or assignment of
employees of the applicant or other personnel
for whom the applicant has any administrative
responsibility;
``(ii) the assignment of students to schools,
or to courses of instruction within the
schools, of such applicant, except to carry out
the approved plan; and
``(iii) designing or operating
extracurricular activities for students;
``(D) carry out a quality education program that will
encourage greater parental decisionmaking and
involvement; and
``(E) 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.
``(c) Special Rule.--No grant shall be awarded under this subpart
unless the Assistant Secretary of Education for Civil Rights determines
that the assurances described in subsection (b)(2)(C) will be met.
``SEC. 3126. PRIORITY.
``In awarding grants under this subpart, the Secretary shall give
priority to applicants that--
``(1) demonstrate the greatest need for assistance, based on
the expense or difficulty of effectively carrying out approved
desegregation plans and the magnet school program for which the
grant is sought;
``(2) propose to carry out new magnet school programs, or
significantly revise existing magnet school programs;
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination; and
``(4) propose to serve the entire student population of a
school.
``SEC. 3127. USE OF FUNDS.
``(a) In General.--Grant funds made available under this subpart may
be used by an eligible local educational agency, or consortium of such
agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and equipment,
including computers and the maintenance and operation of
materials, equipment, and computers, necessary to conduct
programs in magnet schools;
``(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, and instructional staff where applicable, who are
necessary to conduct programs in magnet schools;
``(4) with respect to a magnet school program offered to less
than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special
curriculum that is offered by the magnet school program
to students who are enrolled in the school but who are
not enrolled in the magnet school program; and
``(B) further the purpose of this subpart;
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has ended;
``(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.
``(b) Special Rule.--Grant funds under this subpart 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 academic 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 career, technical, and professional skills.
``SEC. 3128. LIMITATIONS.
``(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency, or
consortium of such agencies, may expend for planning (professional
development shall not be considered to be planning for purposes of this
subsection) not more than 50 percent of the grant funds received under
this subpart for the first year of the program and not more than 15
percent of such funds for each of the second and third such years.
``(c) Amount.--No local educational agency, or consortium of such
agencies, awarded a grant under this subpart shall receive more than
$4,000,000 under this subpart for any 1 fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this subpart not later than July 1 of
the applicable fiscal year.
``SEC. 3129. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than 2 percent
of the funds appropriated under section 3(b)(1)(B) 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 subpart.
``(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 academic improvement;
``(2) the extent to which magnet school programs enhance
student access to a 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.
``SEC. 3130. RESERVATION.
``In any fiscal year for which the amount appropriated under section
3(b)(1)(B) exceeds $75,000,000, the Secretary shall give priority in
using such amounts in excess of $75,000,000 to awarding grants to local
educational agencies or consortia of such agencies that did not receive
a grant under this subpart in the preceding fiscal year.
``Subpart 3--Family Engagement in Education Programs
``SEC. 3141. PURPOSES.
``The purposes of this subpart are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of
systemic and effective family engagement policies, programs,
and activities that lead to improvements in student development
and academic achievement.
``(2) To assist State educational agencies, local educational
agencies, community-based organizations, schools, and educators
in strengthening partnerships among parents, teachers, school
leaders, administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this subpart with
parent involvement initiatives funded under section 1118 and
other provisions of this Act.
``(5) To assist the Secretary, State educational agencies,
and local educational agencies in the coordination and
integration of Federal, State, and local services and programs
to engage families in education.
``SEC. 3142. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(b)(1)(C), the Secretary is authorized to
award grants for each fiscal year to statewide organizations (and
consortia of such organizations and State educational agencies), to
establish Statewide Family Engagement Centers that provide
comprehensive training and technical assistance to State educational
agencies, local educational agencies, schools identified by State
educational agencies and local educational agencies, organizations that
support family-school partnerships, and other organizations that carry
out, or carry out directly, parent education and family engagement in
education programs.
``(b) Minimum Award.--In awarding grants under this section, the
Secretary shall, to the extent practicable, ensure that a grant is
awarded for a Statewide Family Engagement Center in an amount not less
than $500,000.
``SEC. 3143. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a consortium of
such an organization and a State educational agency, that desires a
grant under this subpart shall submit an application to the Secretary
at such time, in such manner, and including the information described
in subsection (b).
``(b) Contents.--Each application submitted under subsection (a)
shall include, at a minimum, the following:
``(1) A description of the applicant's approach to family
engagement in education.
``(2) A description of the support that the Statewide Family
Engagement Center that will be operated by the applicant will
have from the applicant, including a letter from the applicant
outlining the commitment to work with the center.
``(3) A description of the applicant's plan for building a
statewide infrastructure for family engagement in education,
that includes--
``(A) management and governance;
``(B) statewide leadership; or
``(C) systemic services for family engagement in
education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and support to
State educational agencies, local educational agencies,
schools, educators, parents, and organizations on family
engagement in education policies and practices that are
effective for parents (including low-income parents) and
families, English learners, minorities, parents of students
with disabilities, parents of homeless students, foster parents
and students, and parents of migratory students, including
evaluation results, reporting, or other data exhibiting such
demonstrated experience.
``(5) An assurance that the applicant will--
``(A) establish a special advisory committee, the
membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special advisory
committee;
``(ii) representatives of education
professionals with expertise in improving
services for disadvantaged children;
``(iii) representatives of local elementary
schools and secondary schools, including
students;
``(iv) representatives of the business
community; and
``(v) representatives of State educational
agencies and local educational agencies;
``(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year to
serve local educational agencies, schools, and
community-based organizations that serve high
concentrations of disadvantaged students, including
English learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students;
``(C) operate a Statewide Family Engagement Center of
sufficient size, scope, and quality to ensure that the
Center is adequate to serve the State educational
agency, local educational agencies, and community-based
organizations;
``(D) ensure that the Center will retain staff with
the requisite training and experience to serve parents
in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family Engagement
Centers assisted under this subpart; and
``(ii) parent training and information
centers and community parent resource centers
assisted under sections 671 and 672 of the
Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds
received under this subpart for each fiscal year to
establish or expand technical assistance for evidence-
based parent education programs;
``(H) provide assistance to State educational
agencies and local educational agencies and community-
based organizations that support family members in
supporting student academic achievement;
``(I) work with State educational agencies, local
educational agencies, schools, educators, and parents
to determine parental needs and the best means for
delivery of services to address such needs; and
``(J) conduct sufficient outreach to assist parents,
including parents who the applicant may have a
difficult time engaging with a school or local
educational agency.
``SEC. 3144. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received under this
subpart, based on the needs determined under section 3143(b)(5)(I), to
provide training and technical assistance to State educational
agencies, local educational agencies, and organizations that support
family-school partnerships, and activities, services, and training for
local educational agencies, school leaders, educators, and parents--
``(1) to assist parents in participating effectively in their
children's education and to help their children meet State
standards, such as assisting parents--
``(A) to engage in activities that will improve
student academic achievement, including understanding
how they can support learning in the classroom with
activities at home and in afterschool and
extracurricular programs;
``(B) to communicate effectively with their children,
teachers, school leaders, counselors, administrators,
and other school personnel;
``(C) to become active participants in the
development, implementation, and review of school-
parent compacts, family engagement in education
policies, and school planning and improvement;
``(D) to participate in the design and provision of
assistance to students who are not making academic
progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use technology
applied in their children's education;
``(2) to develop and implement, in partnership with the State
educational agency, statewide family engagement in education
policy and systemic initiatives that will provide for a
continuum of services to remove barriers for family engagement
in education and support school reform efforts; and
``(3) to develop, implement, and assess parental involvement
policies under sections 1112 and 1118.
``(b) Matching Funds for Grant Renewal.--For each fiscal year after
the first fiscal year for which an organization or consortium receives
assistance under this section, the organization or consortium shall
demonstrate in the application that a portion of the services provided
by the organization or consortium is supported through non-Federal
contributions, which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 3(b)(C) to carry
out this subpart to provide technical assistance, by grant or contract,
for the establishment, development, and coordination of Statewide
Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center from--
``(1) having its employees or agents meet with a parent at a
site that is not on school grounds; or
``(2) working with another agency that serves children.
``(e) Parental Rights.--Notwithstanding any other provision of this
section--
``(1) no person (including a parent who educates a child at
home, a public school parent, or a private school parent) shall
be required to participate in any program of parent education
or developmental screening under this section; and
``(2) no program or center assisted under this section shall
take any action that infringes in any manner on the right of a
parent to direct the education of their children.
``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the Secretary
of Education, shall establish, or enter into contracts and cooperative
agreements with local Indian nonprofit parent organizations to
establish and operate Family Engagement Centers.
``PART B--LOCAL ACADEMIC FLEXIBLE GRANT
``SEC. 3201. PURPOSE.
``The purpose of this part is to--
``(1) provide local educational agencies with the opportunity
to access funds to support the initiatives important to their
schools and students to improve academic achievement; and
``(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement.
``SEC. 3202. ALLOTMENTS TO STATES.
``(a) Reservations.--From the funds appropriated under section
3(b)(2) for any fiscal year, the Secretary shall reserve--
``(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible entities
in carrying out programs under this part; and
``(2) not more than one-half of 1 percent for payments to the
outlying areas and the Bureau of Indian Education, 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 3(b)(2) 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 chapter B of subpart 1 of part
A of title I for the preceding fiscal year bears to the amount
all States received under that chapter 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 75 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for awards to eligible entities under section 3204.
``(2) Awards to nongovernmental entities to improve student
academic achievement.--Each State that receives an allotment
under subsection (b) for each fiscal year shall reserve not
less than 10 percent of the amount allotted to the State for
awards to nongovernmental entities under section 3205.
``(3) State activities and state administration.--A State
educational agency may reserve not more than 15 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for the following:
``(A) Enabling the State educational agency--
``(i) to pay the costs of developing the
State assessments and standards required under
section 1111(b), which may include the costs of
working, at the sole discretion of the State,
in voluntary partnerships with other States to
develop such assessments and standards; or
``(ii) if the State has developed the
assessments and standards required under
section 1111(b), to administer those
assessments or carry out other activities
related to ensuring that the State's schools
and local educational agencies are helping
students meet the State's academic standards
under such section.
``(B) The administrative costs of carrying out its
responsibilities under this part, except that not more
than 5 percent of the reserved amount may be used for
this purpose.
``(C) Monitoring and evaluation of programs and
activities assisted under this part.
``(D) Providing training and technical assistance
under this part.
``(E) Statewide academic focused programs.
``(F) Sharing evidence-based and other effective
strategies with eligible entities.
``SEC. 3203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
3202 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 reserved for State-level activities;
``(3) 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 reviewing how the proposed project will
help increase student academic achievement;
``(4) 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
3204(f);
``(5) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
and dissemination of evidence-based and other effective
strategies;
``(6) describes how the State educational agency will
consider students across all grades when making these awards;
``(7) an assurance that, other than 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 decision-making process of
eligible entities as to the expenditure of funds received by
the eligible entities under this part;
``(8) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;
``(9) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of
not more than 5 years; and
``(B) will require each eligible entity seeking such
an award to submit a plan describing how the project to
be funded through the award will continue after funding
under this part ends, if applicable; and
``(10) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant,
State and local public funds expended to provide programs and
activities authorized under this part and other similar
programs.
``(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 an 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) Rule of Construction.--An application submitted by a State
educational agency pursuant to subsection (a) shall not be approved or
disapproved based upon the activities for which the agency may make
funds available to eligible entities under section 3204 if the agency's
use of funds is consistent with section 3204(b).
``SEC. 3204. 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
3202(c)(1) to eligible entities in accordance with this section.
``(b) Use of Funds.--
``(1) In general.--An eligible entity that receives an award
under this part shall use the funds for activities that--
``(A) are evidence-based;
``(B) will improve student academic achievement;
``(C) are allowable under State law; and
``(D) focus on one or more projects from the
following two categories:
``(i) Supplemental student support activities
such as before, after, or summer school
activities, tutoring, and expanded learning
time, but not including athletics or in-school
learning activities.
``(ii) Activities designed to support
students, such as academic subject specific
programs, adjunct teacher programs, extended
learning time programs, and parent engagement,
but not including activities to--
``(I) support smaller class sizes or
construction; or
``(II) provide compensation or
benefits to teachers, school leaders,
other school officials, or local
educational agency staff.
``(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award under this
part shall ensure compliance with section 5501 (relating to
participation of children enrolled in private schools).
``(c) 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, including the contents required by
paragraph (2).
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the activities to be funded
and how they are consistent with subsection (b);
``(B) 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 State, local, or non-Federal funds;
``(C) an assurance that the community will be given
notice of an intent to submit an application with an
opportunity for comment, and that the application will
be available for public review after submission of the
application; and
``(D) an assurance that students who benefit from any
activity funded under this part shall continue to
maintain enrollment in a public elementary or secondary
school.
``(d) 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 but the review
shall be limited to the likelihood that the project will increase
student academic achievement.
``(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(f) Award.--A grant shall be awarded to all eligible entities that
submit an application that meets the requirements of this section in an
amount that is not less than $10,000, but there shall be only one
minimum award granted to any one local educational agency.
``(g) Duration of Awards.--Grants under this part may be awarded for
a period of not more than 5 years.
``(h) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a local educational agency in partnership with a
community-based organization, business entity, or
nongovernmental entity;
``(2) a consortium of local educational agencies working in
partnership with a community-based organization, business
entity, or nongovernmental entity;
``(3) a community-based organization in partnership with a
local educational agency and, if applicable, a business entity
or nongovernmental entity; or
``(4) a business entity in partnership with a local
educational agency and, if applicable, a community-based
organization or nongovernmental entity.
``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
``(a) In General.--From the amount reserved under section 3202(c)(2),
a State educational agency shall award grants to nongovernmental
entities, including public or private organizations, community-based or
faith-based organizations, and business entities for a program or
project to increase the academic achievement of public school students
attending public elementary or secondary schools (or both) in
compliance with the requirements in this section. Subject to the
availability of funds, the State educational agency shall award a grant
to each eligible applicant that meets the requirements in a sufficient
size and scope to support the program.
``(b) Application.--The State educational agency shall require an
application that includes the following information:
``(1) A description of the program or project the applicant
will use the funds to support.
``(2) A description of how the applicant is using or will use
other State, local, or private funding to support the program
or project.
``(3) A description of how the program or project will help
increase student academic achievement, including the evidence
to support this claim.
``(4) A description of the student population the program or
project is targeting to impact, and if the program will
prioritize students in high-need local educational agencies.
``(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate in the
program or project.
``(6) A description of any partnerships the applicant has
entered into with the local educational agencies or other
entities the applicant will work with, if applicable.
``(7) A description of how the applicant will work to share
evidence-based and other effective strategies from the program
or project with local educational agencies and other entities
working with students to increase academic achievement.
``(8) An assurance that students who benefit from any program
or project funded under this section shall continue to maintain
enrollment in a public elementary or secondary school.
``(c) Matching Contribution.--An eligible applicant receiving a grant
under this section 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.
``(d) Review.--The State educational agency shall review the
application to ensure that--
``(1) the applicant is an eligible applicant;
``(2) the application clearly describes the required elements
in subsection (b);
``(3) the entity meets the matching requirement described in
subsection (c); and
``(4) the program is allowable and complies with Federal,
State, and local laws.
``(e) Distribution of Funds.--If the application requests exceed the
funds available, the State educational agency shall prioritize projects
that support students in high-need local educational agencies and
ensure geographic diversity, including serving rural, suburban, and
urban areas.
``(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative costs.
``SEC. 3206. REPORT.
``Each recipient of a grant under section 3204 or 3205 shall report
to the State educational agency on--
``(1) the success of the program in reaching the goals of the
program;
``(2) a description of the students served by the program and
how the students' academic achievement improved; and
``(3) the results of any evaluation conducted on the success
of the program.''.
TITLE III--IMPACT AID
SEC. 301. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging
State standards'' and inserting ``State academic standards''.
SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2003'' and inserting ``2018''; and
(B) in paragraph (1)(C), by amending the matter
preceding clause (i) to read as follows:
``(C) had an assessed value according to original
records (including facsimiles or other reproductions of
those records) or other records that the Secretary
determines to be appropriate and reliable, including
Federal agency records or local historical records,
aggregating 10 percent or more of the assessed value
of--'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``section
8014(a)'' and inserting ``section 3(c)(1)'';
(B) by amending paragraph (2) to read as follows:
``(2) Determination of estimated taxable value for eligible
federal property.--
``(A) In general.--Subject to subparagraph (B), in
determining the estimated taxable value of eligible
Federal property located within the boundaries of a
local educational agency for fiscal year 2013 and each
succeeding fiscal year, the Secretary shall carry out
the following:
``(i) Determine the total taxable value of
real property located within the boundaries of
such local educational agency for the purpose
of levying a property tax for current
expenditures.
``(ii) Determine the per acre value of the
eligible Federal property by dividing--
``(I) the total taxable value
determined under clause (i), by
``(II) the difference between the
total acres located within the
boundaries of the local educational
agency and the number of Federal acres
in that agency eligible under this
section.
``(iii) Multiply--
``(I) the per acre value calculated
under clause (ii), by
``(II) the number of Federal acres in
that agency eligible under this
section.
``(B) Special rule.--In a case in which a local
educational agency shares eligible Federal property
with 2 or more local educational agencies, the local
educational agency may elect to have the Secretary--
``(i) calculate the per acre value of the
eligible Federal property of each such local
educational agency in accordance with
subparagraph (A); and
``(ii) carry out the calculation under
subparagraph (A)(iii) by multiplying--
``(I) the average of the per acre
values of such eligible Federal
properties, by
``(II) the acres of the Federal
property in that agency eligible under
this section.''; and
(C) by amending paragraph (3) to read as follows:
``(3) Application of current levied real property tax rate.--
In calculating the amount that a local educational agency is
eligible to receive for a fiscal year, the Secretary shall
apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies, or imputed for fiscally dependent local educational
agencies, to the current annually determined estimated taxable
value of such acquired Federal property as calculated under
paragraph (2).'';
(3) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2013, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under such
subsection were destroyed prior to fiscal year 2000 and the agency
received funds under subsection (b) in the previous year.'';
(4) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in paragraph (2) is formed at any time after 1938 by the
consolidation of two or more former school districts, the local
educational agency may elect to have the Secretary determine
its eligibility and any amount for which the local educational
agency is eligible under this section for such fiscal year on
the basis of one or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied for,
and was determined to be eligible under section 2(c) of
the Act of September 20, 1950 (Public Law 874, 81st
Congress) as that section was in effect for that fiscal
year; or
``(B) a local educational agency formed by the
consolidation of 2 or more school districts, at least
one of which was eligible for assistance under this
section for the fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through 2012, the
local educational agency notifies the Secretary
not later than 30 days after the date of
enactment of the Encouraging Innovation and
Effective Teachers Act of the designation
described in paragraph (1); and
``(ii) for fiscal year 2013, and each
subsequent fiscal year, the local educational
agency includes the designation in its
application under section 8005 or any timely
amendment to such application.
``(3) Availability of funds.--Notwithstanding any other
provision of law limiting the period during which the Secretary
may obligate funds appropriated for any fiscal year after
fiscal year 2005, the Secretary may obligate funds remaining
after final payments have been made for any of such fiscal
years to carry out this subsection.'';
(5) in subsection (h)--
(A) by striking ``section 8014(a)'' and inserting
``section 3(c)(1)'';
(B) by amending paragraph (1) to read as follows:
``(1) Foundation payments.--
``(A) In general.--From the amount appropriated under
section 3(c)(1) for the fiscal year involved, the
Secretary shall first make a payment to the following
local educational agencies:
``(i) Each local educational agency that
received a payment under this section for
fiscal year 2006 and was eligible for a payment
under this section for fiscal year 2006.
``(ii) Each local educational agency that did
not receive a payment under this section for
fiscal year 2006 but was newly eligible for a
payment under this section after fiscal year
2006.
``(B) Amount.--The amount of payment under
subparagraph (A) for a local educational agency shall
be determined as follows:
``(i) For a local educational agency
described in subparagraph (A)(i) the amount of
payment shall be equal to 90 percent of the
amount received by such local educational
agency under subsection (b) for fiscal year
2006.
``(ii) For a local educational agency
described in subparagraph (A)(ii) the amount of
payment shall be determined by--
``(I) calculating a payment estimate
for fiscal year 2006 for such local
educational agency under subsection (b)
in the same manner as payments were
determined for local educational
agencies eligible for and receiving
payments for fiscal year 2006 under
such section; and
``(II) multiplying the amount
determined under subclause (I) by 90
percent.
``(C) Foundation payment.--The amount of payments
calculated under clause (i) or (ii) of subparagraph (B)
for a local educational agency shall be considered the
local educational agency's foundation payments for each
succeeding fiscal year.
``(D) Insufficient appropriations.--If the amount
appropriated under section 3(c)(1) is insufficient to
pay the full amount determined under this paragraph for
all eligible local educational agencies for the fiscal
year, then the Secretary shall ratably reduce the
payment to each such local educational agency under
this paragraph.'';
(C) by amending paragraph (2) to read as follows:
``(2) Remaining funds.--From any amounts remaining after
making payments under paragraph (1) for the fiscal year
involved, the Secretary shall--
``(A) sum the amounts determined for all eligible
local educational agencies under subsection (b)(2);
``(B) determine each eligible local educational
agency's proportional share of the amount calculated
under subparagraph (A); and
``(C) pay each eligible local educational agency its
share of the remaining funds based on the proportion
calculated under subparagraph (B).''; and
(D) by striking paragraphs (3) and (4);
(6) by repealing subsections (i) and (k);
(7) by redesignating subsection (l) as subsection (i);
(8) by amending subsection (i) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(9) by repealing subsection (m); and
(10) by redesignating subsection (n) as subsection (j).
SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such agency
as a result of the open enrollment policy of the State in which
the agency is located, but not including children who are
enrolled in a distance education program at such agency and who
are not residing within the geographic boundaries of such
agency)'';
(2) in paragraph (4)--
(A) in the heading, by striking ``or rebuilding'' and
inserting ``, rebuilding, or authorized for
demolition'';
(B) in subparagraph (A), by striking ``or
rebuilding'' each place it appears and inserting ``,
rebuilding, or authorized for demolition by the
Secretary of Defense or the head of another Federal
agency''; and
(C) in subparagraph (B)--
(i) by striking ``or rebuilding'' each place
it appears and inserting ``, rebuilding, or
authorized for demolition by the Secretary of
Defense or the head of another Federal
agency''; and
(ii) by striking ``3 fiscal years'' each
place it appears and inserting ``4 fiscal years
(which are not required to run
consecutively)''; and
(3) in paragraph (5)(A), by inserting after ``1984,'' the
following: ``or under lease of off-base property under
subchapter IV of chapter 169 of title 10, United States
Code,''.
(b) Basic Support Payments for Heavily Impacted Local Educational
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
(1) by striking ``section 8014(b)'' each place it appears and
inserting ``section 3(c)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting at the end the
following:
``(iii) The Secretary shall--
``(I) deem each local educational
agency that received a basic support
payment under this paragraph for fiscal
year 2009 as eligible to receive a
basic support payment under this
paragraph for each of fiscal years
2010, 2011, and 2012; and
``(II) make a payment to each such
local educational agency under this
paragraph for each of fiscal years
2010, 2011, and 2012.''; and
(B) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read as
follows:
``(i) In general.--A heavily impacted local
educational agency is eligible to receive a
basic support payment under subparagraph (A)
with respect to a number of children determined
under subsection (a)(1) if the agency--
``(I) is a local educational agency--
``(aa) whose boundaries are
the same as a Federal military
installation or an island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government; and
``(bb) that has no taxing
authority;
``(II) is a local educational agency
that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 45
percent;
``(bb) has a per-pupil
expenditure that is less than--
``(AA) for an agency
that has a total
student enrollment of
500 or more students,
125 percent of the
average per-pupil
expenditure of the
State in which the
agency is located; or
``(BB) for any agency
that has a total
student enrollment less
than 500, 150 percent
of the average per-
pupil expenditure of
the State in which the
agency is located; or
the average per-pupil
expenditure of 3 or
more comparable local
educational agencies in
the State in which the
agency is located; and
``(cc) is an agency that--
``(AA) has a tax rate
for general fund
purposes that is not
less than 95 percent of
the average tax rate
for general fund
purposes of comparable
local educational
agencies in the State;
or
``(BB) was eligible
to receive a payment
under this subsection
for fiscal year 2012
and is located in a
State that by State law
has eliminated ad
valorem tax as a
revenue for local
educational agencies;
``(III) is a local educational agency
that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 20
percent;
``(bb) for the 3 fiscal years
preceding the fiscal year for
which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) has a tax rate for
general fund purposes which is
not less than 125 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State;
``(IV) is a local educational agency
that has a total student enrollment of
not less than 25,000 students, of
which--
``(aa) not less than 50
percent are children described
in subsection (a)(1); and
``(bb) not less than 5,500 of
such children are children
described in subparagraphs (A)
and (B) of subsection (a)(1);
or
``(V) is a local educational agency
that--
``(aa) has an enrollment of
children described in
subsection (a)(1) including,
for purposes of determining
eligibility, those children
described in subparagraphs (F)
and (G) of such subsection,
that is not less than 35
percent of the total student
enrollment of the agency; and
``(bb) was eligible to
receive assistance under
subparagraph (A) for fiscal
year 2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily'' and
inserting the following:
``(I) In general.--Subject to
subclause (II), a heavily''; and
(II) by adding at the end the
following:
``(II) Loss of eligibility due to
falling below 95 percent of the average
tax rate for general fund purposes.--In
a case of a heavily impacted local
educational agency that fails to meet
the requirements of clause (i) for a
fiscal year by reason of having a tax
rate for general fund purposes that
falls below 95 percent of the average
tax rate for general fund purposes of
comparable local educational agencies
in the State, subclause (I) shall be
applied as if `and the subsequent
fiscal year' were inserted before the
period at the end.'';
(C) by striking subparagraph (C);
(D) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively;
(E) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking ``regular'';
(ii) by striking ``Except as provided in
subparagraph (E)'' and inserting ``Except as
provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause
(ii) to read as follows:
``(ii)(I)(aa) For a local educational agency with
respect to which 35 percent or more of the total
student enrollment of the schools of the agency are
children described in subparagraph (D) or (E) (or a
combination thereof) of subsection (a)(1), and that has
an enrollment of children described in subparagraphs
(A), (B), or (C) of such subsection equal to at least
10 percent of the agency's total enrollment, the
Secretary shall calculate the weighted student units of
those children described in subparagraph (D) or (E) of
such subsection by multiplying the number of such
children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a local
educational agency that received a payment under this
paragraph for fiscal year 2006 shall not be required to
have an enrollment of children described in
subparagraphs (A), (B), or (C) of subsection (a)(1)
equal to at least 10 percent of the agency's total
enrollment.''; and
(iv) by amending subclause (III) of clause
(ii) by striking ``(B)(i)(II)(aa)'' and
inserting ``subparagraph (B)(i)(I)'';
(F) in subparagraph (D)(i)(II) (as so redesignated),
by striking ``6,000'' and inserting ``5,500'';
(G) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that
follows through ``shall use'' and inserting
``Secretary shall use'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking clause (ii);
(H) in subparagraph (F) (as so redesignated), by
striking ``subparagraph (C)(i)(II)(bb)'' and inserting
``subparagraph (B)(i)(II)(bb)'';
(I) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B),
(C), (D), or (E)'' and inserting
``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of'' and
inserting ``due to'';
(III) by inserting after ``clause
(iii)'' the following ``, or as the
direct result of base realignment and
closure or modularization as determined
by the Secretary of Defense and force
structure change or force relocation'';
and
(IV) by inserting before the period,
the following: ``or during such time as
activities associated with base closure
and realignment, modularization, force
structure change, or force relocation
are ongoing''; and
(ii) in clause (ii), by striking ``(D) or
(E)'' each place it appears and inserting ``(C)
or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read as
follows:
``(iii) In the case of a local educational agency
providing a free public education to students enrolled
in kindergarten through grade 12, but which enrolls
students described in subparagraphs (A), (B), and (D)
of subsection (a)(1) only in grades 9 through 12, and
which received a final payment in fiscal year 2009
calculated under this paragraph (as this paragraph was
in effect on the day before the date of enactment of
the Encouraging Innovation and Effective Teachers Act)
for students in grades 9 through 12, the Secretary
shall, in calculating the agency's payment, consider
only that portion of such agency's total enrollment of
students in grades 9 through 12 when calculating the
percentage under clause (i)(I) and only that portion of
the total current expenditures attributed to the
operation of grades 9 through 12 in such agency when
calculating the percentage under clause (i)(II).''; and
(ii) by adding at the end the following:
``(v) In the case of a local educational agency that
is providing a program of distance education to
children not residing within the geographic boundaries
of the agency, the Secretary shall--
``(I) for purposes of the calculation under
clause (i)(I), disregard such children from the
total number of children in average daily
attendance at the schools served by such
agency; and
``(II) for purposes of the calculation under
clause (i)(II), disregard any funds received
for such children from the total current
expenditures for such agency.'';
(B) in subparagraph (C), by striking ``subparagraph
(D) or (E) of paragraph (2), as the case may be'' and
inserting ``paragraph (2)(D)''; and
(C) by amending subparagraph (D) to read as follows:
``(D) Ratable distribution.--For any fiscal year
described in subparagraph (A) for which the sums
available exceed the amount required to pay each local
educational agency 100 percent of its threshold
payment, the Secretary shall distribute the excess sums
to each eligible local educational agency that has not
received its full amount computed under paragraph (1)
or (2) (as the case may be) by multiplying--
``(i) a percentage, the denominator of which
is the difference between the full amount
computed under paragraph (1) or (2) (as the
case may be) for all local educational agencies
and the amount of the threshold payment (as
calculated under subparagraphs (B) and (C)) of
all local educational agencies, and the
numerator of which is the aggregate of the
excess sums, by;
``(ii) the difference between the full amount
computed under paragraph (1) or (2) (as the
case may be) for the agency and the amount of
the threshold payment as calculated under
subparagraphs (B) and (C) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums
appropriated under section 3(c)(2) are insufficient to
pay each local educational agency all of the local
educational agency's threshold payment described in
subparagraph (D), the Secretary shall ratably reduce
the payment to each local educational agency under this
paragraph.
``(F) Increases.--If the sums appropriated under
section 3(c)(2) are sufficient to increase the
threshold payment above the 100 percent threshold
payment described in subparagraph (D), then the
Secretary shall increase payments on the same basis as
such payments were reduced, except no local educational
agency may receive a payment amount greater than 100
percent of the maximum payment calculated under this
subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through (D)''
and inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph
(D) or (E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C.
7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal year
for which the agency is making an application for payment if
such agency--
``(A) is newly established by a State, for the first
year of operation of such agency only;
``(B) was eligible to receive a payment under this
section for the previous fiscal year and has had an
overall increase in enrollment (as determined by the
Secretary in consultation with the Secretary of
Defense, the Secretary of Interior, or the heads of
other Federal agencies)--
``(i) of not less than 10 percent, or 100
students, of children described in--
``(I) subparagraph (A), (B), (C), or
(D) of subsection (a)(1); or
``(II) subparagraph (F) and (G) of
subsection (a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense or the Department
of Interior; and
``(ii) that is the direct result of closure
or realignment of military installations under
the base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of the force structure changes or movements of
units or personnel between military
installations or because of actions initiated
by the Secretary of the Interior or the head of
another Federal agency; or
``(C) was eligible to receive a payment under this
section for the previous fiscal year and has had an
increase in enrollment (as determined by the
Secretary)--
``(i) of not less than 10 percent of children
described in subsection (a)(1) or not less than
100 of such children; and
``(ii) that is the direct result of the
closure of a local educational agency that
received a payment under subsection (b)(1) or
(b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C.
7703(d)) is amended by striking ``section 8014(c)'' and inserting
``section 3(c)(3)''.
(e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), the total amount
the Secretary shall pay a local educational agency under
subsection (b)--
``(A) for fiscal year 2013, shall not be less than 90
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2012;
``(B) for fiscal year 2014, shall not be less than 85
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2012; and
``(C) for fiscal year 2015, shall not be less than 80
percent of the total amount that the local educational
agency received under subsection (b)(1), (b)(2), or
(b)(2)(B)(ii) for fiscal year 2012.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A), (B), or C of
paragraph (1) for a fiscal year shall not exceed the maximum
basic support payment amount for such agency determined under
paragraph (1) or (2) of subsection (b), as the case may be, for
such fiscal year.''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is amended
by striking subsection (g).
SEC. 304. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information,''.
SEC. 306. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 8014(e)''
and inserting ``section 3(c)(4)'';
(B) in paragraph (2), by adding at the end the
following:
``(C) The agency is eligible under section 4003(b)(2)
or is receiving basic support payments under
circumstances described in section
4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section 8014(e)''
each place it appears and inserting ``section
3(c)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section 8014(e)''
and inserting ``section 3(c)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by adding at
the end the following:
``(cc) At least 10 percent of the
property in the agency is exempt from
State and local taxation under Federal
law.''; and
(ii) by adding at the end the following:
``(F) Limitations on eligibility requirements.--The
Secretary shall not limit eligibility--
``(i) under subparagraph (C)(i)(I)(aa), to
those local educational agencies in which the
number of children determined under section
8003(a)(1)(C) for each such agency for the
preceding school year constituted more than 40
percent of the total student enrollment in the
schools of each such agency during the
preceding school year; and
``(ii) under subparagraph (C)(i)(I)(cc), to
those local educational agencies in which more
than 10 percent of the property in each such
agency is exempt from State and local taxation
under Federal law.''; and
(C) in paragraph (6)--
(i) in the matter preceding subparagraph (A),
by striking ``in such manner, and accompanied
by such information'' and inserting ``and in
such manner''; and
(ii) by striking subparagraph (F).
SEC. 307. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by
striking ``section 8014(f)'' and inserting ``section 3(c)(5)''.
SEC. 308. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
striking ``and contain the information''.
SEC. 309. FEDERAL ADMINISTRATION.
Section 8010 (20 U.S.C. 7710) is amended--
(1) in subsection (c), by striking ``paragraph (3)'' each
place it appears and inserting ``paragraph (2)''; and
(2) by adding at the end the following new subsection:
``(d) Timely Payments.--
``(1) In general.--The Secretary shall pay the full amount
that a local educational agency is eligible to receive under
this title not later than September 30 of the second fiscal
year following the fiscal year for which such amount has been
appropriated if, not later than 1 calendar year following the
fiscal year in which such amount has been appropriated, such
local educational agency submits to the Secretary all the data
and information necessary for the Secretary to pay the full
amount that the agency is eligible to receive under this title
for such fiscal year.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--For a fiscal year in
which the amount appropriated under section 3(c) is
insufficient to pay the full amount a local educational agency
is eligible to receive under this title, paragraph (1) shall be
applied by substituting `is available to pay the agency' for
`the agency is eligible to receive' each place it appears.''.
SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or under
the Act'' and all the follows through ``1994)''.
SEC. 311. DEFINITIONS.
Section 8013 is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
114111 et seq.)''; and
(B) in subclause (III), by inserting before the
semicolon, ``(26 U.S.C. 4101 et seq.)'';
(4) in paragraph (8)(A), by striking ``and verified by'' and
inserting ``, and verified by,''; and
(5) in paragraph (9)(B), by inserting a comma before ``on a
case-by-case basis''.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is repealed.
SEC. 313. CONFORMING AMENDMENTS.
(a) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended by section
201(b)(2) of the Student Success Act, is repealed.
(b) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et seq.),
as amended by this title, is redesignated as title IV (20 U.S.C. 7101
et seq.), and transferred and inserted after title III (as amended by
this Act).
(c) Title IV.--The heading relating to title IV of such Act (20
U.S.C. 7101 et seq.) is amended to read as follows:
``TITLE IV--IMPACT AID''.
(d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is
amended--
(1) by redesignating sections 8001 through 8005 as sections
4001 through 4005, respectively;
(2) by redesignating sections 8007 through 8013 as sections
4007 through 4013, respectively;
(3) by striking ``section 8002'' each place it appears and
inserting ``section 4002'';
(4) by striking ``section 8002(b)'' each place it appears and
inserting ``section 4002(b)'';
(5) by striking ``section 8003'' each place it appears and
inserting ``section 4003'', respectively;
(6) by striking ``section 8003(a)'' each place it appears and
inserting ``section 4003(a)'';
(7) by striking ``section 8003(a)(1)'' each place it appears
and inserting ``section 4003(a)(1)'';
(8) by striking ``section 8003(a)(1)(C)'' each place it
appears and inserting ``section 4003(a)(1)(C)'';
(9) by striking ``section 8002(a)(2)'' each place it appears
and inserting ``section 4002(a)(2)'';
(10) by striking ``section 8003(b)'' each place it appears
and inserting ``section 4003(b)'';
(11) by striking ``section 8003(b)(1)'' each place it appears
and inserting ``section 4003(b)(1)'';
(12) in section 4002(b)(1)(C), by striking ``section
8003(b)(1)(C)'' and inserting ``section 4003(b)(1)(C)'';
(13) in section 4002(j)(1) (as so redesignated), by striking
``section 8013(5)(C)(iii)'' and inserting ``section
4013(5)(C)(iii)'';
(14) in section 4005 (as so redesignated)--
(A) in the section heading, by striking ``8002 and
8003'' and inserting ``4002 and 4003'';
(B) by striking ``or 8003'' each place it appears and
inserting ``or 4003'';
(C) in subsection (b)(2), by striking ``section
8004'' and inserting ``section 4004''; and
(D) in subsection (d)(2), by striking ``section
8003(e)'' and inserting ``section 4003(e)'';
(15) in section 4007(a)(3)(A)(i) (as so redesignated), by
striking ``section 8008(a)'' and inserting ``section 4008(a)'';
(16) in section 4007(a)(4) (as so redesignated), by striking
``section 8013(3)'' and inserting ``section 4013(3)''; and
(17) in section 4009 (as so redesignated)--
(A) in subsection (b)(1)--
(i) by striking ``or 8003(b)'' and inserting
``or 4003(b)'';
(ii) by striking ``section 8003(a)(2)(B)''
and inserting ``section 4003(a)(2)(B)''; and
(iii) by striking ``section 8003(b)(2)'' and
inserting ``section 4003(b)(2)'';
(B) by striking ``section 8011(a)'' each place it
appears and inserting ``section 4011(a)''; and
(18) in section 4010(c)(2)(D) (as so redesignated) by
striking ``section 8009(b)'' and inserting ``section 4009(b)''.
TITLE IV--TROOPS-TO-TEACHERS PROGRAM
SEC. 401. TROOPS-TO-TEACHERS PROGRAM.
(a) Transfer of Functions.--The responsibility and authority for
operation and administration of the Troops-to-Teachers Program is
transferred from the Secretary of Education to the Secretary of
Defense.
(b) Enactment and Modification of Program Authority in Title 10,
United States Code.--
(1) In general.--Chapter 58 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1154. Assistance to eligible members to obtain employment as
teachers: troops-to-teachers program
``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(2) Charter school.--The term `charter school' has the
meaning given that term in section 5101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(3) Member of the armed forces.--The term `member of the
Armed Forces' includes a former member of the Armed Forces.
``(4) Additional terms.--The terms `elementary school',
`local educational agency', `secondary school', and `State'
have the meanings given those terms in section 5101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(b) Program Authorization.--The Secretary of Defense (in this
section referred to as the `Secretary') may carry out a program (to be
known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (c) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or career or technical teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public charter
schools that the Secretary of Education identifies as--
``(i) receiving grants under subpart 1 of
part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) as a result of having within their
jurisdictions concentrations of children from
low-income families; or
``(ii) experiencing a shortage of effective
teachers, in particular a shortage of science,
mathematics, special education, or career or
technical teachers; and
``(B) in elementary schools or secondary schools, or
as career or technical teachers.
``(c) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes
entitled to retired or retainer pay under this
title or title 14;
``(ii) has an approved date of retirement
that is within one year after the date on which
the member submits an application to
participate in the Program; or
``(iii) transfers to the Retired Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from active
duty after 6 or more years of continuous active
duty immediately before the separation or
release; or
``(II) has completed a total of at
least ten years of active duty service,
10 years of service computed under
section 12732 of this title, or 10
years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than 3 years
under paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002, is
retired or separated for physical disability under
chapter 61 of this title.
``(2) Submittal of applications.--(A) Selection of eligible
members of the armed forces to participate in the Program shall
be made on the basis of applications submitted to the
Secretary. An application shall be in such form as the
Secretary may require.
``(B) An application may be considered to be submitted on a
timely basis under subparagraph (A)(i), (B), or (C) of
paragraph (1) if the application is submitted not later than 4
years after the date on which the member is retired or
separated or released from active duty, whichever applies to
the member.
``(3) Selection criteria; educational background requirements
and honorable service requirement.--(A) Subject to
subparagraphs (B) and (C), the Secretary shall prescribe the
criteria to be used to select eligible members of the armed
forces to participate in the Program.
``(B)(i) If a member of the armed forces is applying for
assistance for placement as an elementary school or secondary
school teacher, the Secretary shall require the member to have
received a baccalaureate or advanced degree from an accredited
institution of higher education.
``(ii) If a member of the armed forces is applying for
assistance for placement as a career or technical teacher, the
Secretary shall require the member--
``(I) to have received the equivalent of one year of
college from an accredited institution of higher
education or the equivalent in military education and
training as certified by the Department of Defense; or
``(II) to otherwise meet the certification or
licensing requirements for a career or technical
teacher in the State in which the member seeks
assistance for placement under the Program.
``(iii) A member of the armed forces is eligible to
participate in the Program only if the member's last period of
service in the armed forces was honorable, as characterized by
the Secretary concerned. A member selected to participate in
the Program before the retirement of the member or the
separation or release of the member from active duty may
continue to participate in the Program after the retirement,
separation, or release only if the member's last period of
service is characterized as honorable by the Secretary
concerned.
``(4) Selection priorities.--In selecting eligible members of
the armed forces to receive assistance under the Program, the
Secretary shall give priority to members who--
``(A) have educational or military experience in
science, mathematics, special education, or career and
technical subjects; and
``(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in other
schools under the jurisdiction of a local educational
agency.
``(5) Other conditions on selection.--(A) The Secretary may
not select an eligible member of the armed forces to
participate in the Program and receive financial assistance
unless the Secretary has sufficient appropriations for the
Program available at the time of the selection to satisfy the
obligations to be incurred by the United States under
subsection (d) with respect to the member.
``(B) The Secretary may not select an eligible member of the
armed forces described in paragraph (1)(B)(i) to participate in
the Program under this section and receive financial assistance
under subsection (d) unless the member executes a written
agreement to serve as a member of the Selected Reserve of a
reserve component of the armed forces for a period of not less
than 3 years (in addition to any other reserve commitment the
member may have).
``(d) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of the
armed forces selected to participate in the Program under
subsection (c) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may require,
to obtain certification or licensing as an elementary
school teacher, secondary school teacher, or career and
technical teacher; and
``(ii) to accept an offer of full-time employment
beginning the school year after obtaining such
certification or licensing as an elementary school
teacher, secondary school teacher, or career and
technical teacher for not less than three school years
with a local educational agency receiving grants under
subpart 1 of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.6311 et seq.)
or a public charter school.
``(B) The Secretary may waive the three-year commitment
described in subparagraph (A)(ii) for a participant if the
Secretary determines the waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not be
required to provide reimbursement under subsection (e), for
failure to meet the three-year commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study related
to the field of teaching at an institution of higher
education;
``(B) is serving on active duty as a member of the
armed forces;
``(C) is temporarily totally disabled for a period of
time not to exceed 3 years as established by sworn
affidavit of a qualified physician;
``(D) is unable to secure employment for a period not
to exceed 12 months by reason of the care required by a
spouse who is disabled;
``(E) is an effective teacher who is seeking and
unable to find full-time employment as a teacher in an
elementary school or secondary school or as a career
and technical teacher for a single period not to exceed
27 months; or
``(F) satisfies such other criteria as may be
prescribed by the Secretary.
``(3) Stipend for participants.--(A) Subject to subparagraph
(B), the Secretary may pay to a participant in the Program
selected under this section a stipend in an amount of not more
than $5,000.
``(B) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(4) Bonus for participants.--(A) Subject to subparagraph
(B), the Secretary may, in lieu of paying a stipend under
paragraph (3), pay a bonus of $10,000 to a participant in the
Program selected under this section who agrees in the
participation agreement under paragraph (1) to accept full-time
employment as an elementary school teacher, secondary school
teacher, or career and technical teacher for not less than 3
school years in a high-need school.
``(B) The total number of bonuses that may be paid under
subparagraph (A) in any fiscal year may not exceed 3,000.
``(C) For purposes of subparagraph (A), the term `high-need
school' means a public elementary school, public secondary
school, or public charter school that meets one or more of the
following criteria:
``(i) At least 50 percent of the students enrolled in
the school were from low-income families (as described
in subsection (b)(2)(A)(i)).
``(ii) The school has a large percentage of students
who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(5) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(e) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under subsection (d) shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher
certification or licensing or to obtain employment as
an elementary school teacher, secondary school teacher,
or career and technical teacher as required by the
participation agreement under subsection (d)(1).
``(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or career and
technical teacher during the 3 years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under subsection (c)(5)(B)
to serve as a member of a reserve component of the
armed forces for a period of 3 years and fails to
complete the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (d) shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being paid
by the United States on the day on which the reimbursement is
determined to be due for securities having maturities of 90
days or less and shall accrue from the day on which the
participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the obligation to
reimburse the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A participant
shall be excused from reimbursement under this subsection if
the participant becomes permanently totally disabled as
established by sworn affidavit of a qualified physician. The
Secretary may also waive the reimbursement in cases of extreme
hardship to the participant, as determined by the Secretary.
``(f) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Program of a stipend or
bonus under this subsection (d) shall not reduce or otherwise affect
the entitlement of the participant to any benefits under chapter 30 or
33 of title 38 or chapter 1606 of this title.
``(g) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to subparagraph (B),
the Secretary may make grants to States participating in the
Program, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the armed forces for
participation in the Program and facilitating the employment of
participants in the Program as elementary school teachers,
secondary school teachers, and career and technical teachers.
``(B) The total amount of grants made under subparagraph (A)
in any fiscal year may not exceed $5,000,000.
``(h) Counseling and Referral Services.--The Secretary may provide
counseling and referral services to members of the Armed Forces who
meet the criteria described in subsection (c), including those members
who are not eligible for assistance under paragraphs (3) and (4) of
subsection (d).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by adding at
the end the following new item:
``1154. Assistance to eligible members to obtain employment as
teachers: Troops-to-Teachers Program.''.
(3) Conforming amendment.--Section 1142(b)(4)(C) of such
title is amended by striking ``under sections 1152 and 1153 of
this title and the Troops-to-Teachers Program under section
2302 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and
1154 of this title''.
TITLE V--REPEAL
SEC. 501. REPEAL OF TITLE VI.
The Act is amended by striking title VI (20 U.S.C. 7301 et seq.).
TITLE VI--HOMELESS EDUCATION
SEC. 601. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In any State where compulsory residency requirements or
other requirements, laws, regulations, practices, or policies
may act as a barrier to the identification, enrollment,
attendance, or success in school of homeless children and
youths, the State and local educational agencies will review
and undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children and
youths are afforded the same free, appropriate public education
as is provided to other children and youths.'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State student
academic achievement'' and inserting ``State academic''.
SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (a), by striking ``(g).'' and inserting
``(h).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (i), by adding ``or'' at the
end;
(ii) in clause (ii), by striking ``; or'' a
the end and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking paragraph (3);
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``Grants'' and inserting ``Grant funds from a
grant made to a State'';
(B) by amending paragraph (2) to read as follows:
``(2) To provide services and activities to improve the
identification of homeless children (including preschool-aged
homeless children and youths) that enable such children and
youths to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs.'';
(C) in paragraph (3), by inserting before the period
at the end the following: ``that can sufficiently carry
out the duties described in this subtitle'';
(D) by amending paragraph (5) to read as follows:
``(5) To develop and implement professional development
programs for liaisons designated under subsection (g)(1)(J)(ii)
and other local educational agency personnel--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten their awareness of, and capacity to
respond to, specific needs in the education of homeless
children and youths.''.
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``sums'' and inserting
``grant funds''; and
(ii) by inserting ``a State under subsection
(a) to'' after ``each year to'';
(B) in paragraph (2), by striking ``funds made
available for State use under this subtitle'' and
inserting ``the grant funds remaining after the State
educational agency distributes subgrants under
paragraph (1)''; and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by striking
``sections 1111 and 1116'' and inserting
``section 1111'';
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) in the matter preceding
subclause (I), by striking ``a
report'' and inserting ``an
annual report'';
(bb) by striking ``and'' at
the end of subclause (II);
(cc) by striking the period
at the end of subclause (III)
and inserting ``; and''; and
(dd) by adding at the end the
following:
``(IV) the progress the separate
schools are making in helping all
students meet the State academic
standards.''; and
(II) in clause (iii), by striking
``Not later than 2 years after the date
of enactment of the McKinney-Vento
Homeless Education Assistance
Improvements Act of 2001, the'' and
inserting ``The'';
(6) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The Coordinator for
Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publically available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, posted annually on the State
educational agency's website;
``(B) the nature and extent of the problems homeless
children and youths have in gaining access to public
preschool programs and to public elementary schools and
secondary schools;
``(C) the difficulties in identifying the special
needs and barriers to the participation and achievement
of such children and youths;
``(D) any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties; and
``(E) the success of the programs under this subtitle
in identifying homeless children and youths and
allowing such children and youths to enroll in, attend,
and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at such
time and in such manner as the Secretary may require, a report
containing information necessary to assess the educational
needs of homeless children and youths within the State,
including data necessary for the Secretary to fulfill the
responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related support services to homeless children and
youths and their families, coordinate and collaborate with--
``(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
``(B) providers of services to homeless children and
youths and their families, including services of public
and private child welfare and social services agencies,
law enforcement agencies, juvenile and family courts,
agencies providing mental health services, domestic
violence agencies, child care providers, runaway and
homeless youth centers, and providers of services and
programs funded under the Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths; and
``(E) community organizations and groups representing
homeless children and youths and their families;
``(5) provide technical assistance to local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements of
subsection (e)(3), paragraphs (3) through (7) of subsection
(g), and subsection (h);
``(6) provide professional development opportunities for
local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such
personnel in meeting the needs of homeless children and youths;
and
``(7) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to ensure
that each child or youth who is the subject of such an inquiry
receives the full protections and services provided by this
subtitle.'';
(7) by amending subsection (g) to read as follows:
``(g) State Plan.--
``(1) In general.--In order to be eligible to receive a grant
under this section, each State educational agency shall submit
to the Secretary a plan to provide for the education of
homeless children and youths within the State that includes the
following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
State academic standards that all students are expected
to meet.
``(B) A description of the procedures the State
educational agency will use to identify such children
and youths in the State and to assess their needs.
``(C) A description of procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youths.
``(D) A description of programs for school personnel
(including liaisons, school leaders, attendance
officers, teachers, enrollment personnel, and
specialized instructional support personnel) to
heighten the awareness of such personnel of the
specific needs of homeless adolescents, including
runaway and homeless youths.
``(E) A description of procedures that ensure that
homeless children and youths who meet the relevant
eligibility criteria are able to participate in
Federal, State, or local nutrition programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have equal access to
public preschool programs, administered by the
State educational agency or local educational
agency, as provided to other children in the
State;
``(ii) homeless youths and youths separated
from public schools are identified and accorded
equal access to appropriate secondary education
and support services; and
``(iii) homeless children and youth who meet
the relevant eligibility criteria are able to
participate in Federal, State, or local
education programs.
``(G) Strategies to address problems identified in
the report provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including problems resulting from enrollment
delays that are caused by--
``(i) immunization and other health records
requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency and local educational agencies in the State have
developed, and shall review and revise, polices to
remove barriers to the identification, enrollment, and
retention of homeless children and youths in schools in
the State.
``(J) Assurances that the following will be carried
out:
``(i) The State educational agency and local
educational agencies in the State will adopt
policies and practices to ensure that homeless
children and youths are not stigmatized or
segregated on the basis of their status as
homeless.
``(ii) Local educational agencies will
designate an appropriate staff person, who may
also be a coordinator for other Federal
programs, as a local educational agency liaison
for homeless children and youths, to carry out
the duties described in paragraph (6)(A).
``(iii) The State and its local educational
agencies will adopt policies and practices to
ensure that transportation is provided, at the
request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison),
to and from the school of origin, as determined
in paragraph (3)(A), in accordance with the
following, as applicable:
``(I) If the child or youth continues
to live in the area served by the local
educational agency in which the school
of origin is located, the child's or
youth's transportation to and from the
school of origin shall be provided or
arranged by the local educational
agency in which the school of origin is
located.
``(II) If the child's or youth's
living arrangements in the area served
by the local educational agency of
origin terminate and the child or
youth, though continuing his or her
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the child or youth is living shall
agree upon a method to apportion the
responsibility and costs for providing
the child with transportation to and
from the school of origin. If the local
educational agencies are unable to
agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will
ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3)
through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's
best interest--
``(i) continue the child's or youth's
education in the school of origin for the
duration of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during an academic year; or
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the child
or youth is actually living are eligible to
attend.
``(B) School stability.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) presume that keeping the child or youth
in the school of origin is in the child or
youth's best interest, except when doing so is
contrary to the wishes of the child's or
youth's parent or guardian, or the
unaccompanied youth;
``(ii) consider student-centered factors
related to the child's or youth's best
interest, including factors related to the
impact of mobility on achievement, education,
health, and safety of homeless children and
youth, giving priority to the wishes of the
homeless child's or youth's parent of guardian
or the unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination based on consideration
of the presumption in clause (i) and the
student-centered factors in clause (ii), the
local educational agency determines that it is
not in the child's or youth's best interest to
attend the school of origin or the school
requested by the parent, guardian, or
unaccompanied youth, provide the child's or
youth's parent or guardian or the unaccompanied
youth with a written explanation of the reasons
for its determination, in a manner and form
understandable to such parent, guardian, or
unaccompanied youth, including information
regarding the right to appeal under
subparagraph (E); and
``(iv) in the case of an unaccompanied youth,
ensure that the homeless liaison designated
under paragraph (1)(J)(ii) assists in placement
or enrollment decisions under this
subparagraph, gives priority to the views of
such unaccompanied youth, and provides notice
to such youth of the right to appeal under
subparagraph (E).
``(C) Enrollment.--
``(i) In general.--The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth--
``(I) is unable to produce records
normally required for enrollment, such
as previous academic records, records
of immunization and other required
health records, proof of residency, or
other documentation; or
``(II) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the
child or youth needs to obtain immunizations or
other required health records, the enrolling
school shall immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or youth, to the local
educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations or
screenings, or immunization or other required
health records, in accordance with subparagraph
(D).
``(iv) No liability.--Whenever the school
selected enrolls an unaccompanied youth in
accordance with this paragraph, no liability
shall be imposed upon the school by reason of
enrolling the youth without parent or guardian
consent.
``(D) Records.--Any record ordinarily kept by the
school, including immunization or other required health
records, academic records, birth certificates,
guardianship records, and evaluations for special
services or programs, regarding each homeless child or
youth shall be maintained--
``(i) so that the records involved are
available, in a timely fashion, when a child or
youth enters a new school or school district;
and
``(ii) in a manner consistent with section
444 of the General Education Provisions Act (20
U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises over
school selection or enrollment in a school--
``(i) the child or youth shall be immediately
enrolled in the school in which enrollment is
sought, pending final resolution of the
dispute, including all available appeals;
``(ii) the parent, guardian, or unaccompanied
youth shall be provided with a written
explanation of any decisions made by the
school, the local educational agency, or the
State educational agency involved, including
the rights of the parent, guardian, or youth to
appeal such decisions;
``(iii) the parent, guardian, or
unaccompanied youth shall be referred to the
local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in
paragraph (1)(C) as expeditiously as possible
after receiving notice of the dispute; and
``(iv) in the case of an unaccompanied youth,
the liaison shall ensure that the youth is
immediately enrolled in school in which the
youth seeks enrollment pending resolution of
such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph, the
term `school of origin' means the school that a
child or youth attended when permanently housed
or the school in which the child or youth was
last enrolled.
``(ii) Receiving school.--When the child or
youth completes the final grade level served by
the school of origin, as described in clause
(i), the term ``school of origin'' shall
include the designated receiving school at the
next grade level for all feeder schools.
``(H) Contact information.--Nothing in this subtitle
shall prohibit a local educational agency from
requiring a parent or guardian of a homeless child to
submit contact information.
``(I) Privacy.--Information about a homeless child's
or youth's living situation shall be treated as a
student education record under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
shall not be released to housing providers, employers,
law enforcement personnel, or other persons or agencies
not authorized to have such information under section
99.31 of title 34, Code of Federal Regulations.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that
homeless children and youth have opportunities to meet
the same State academic standards to which other
students are held.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs
for children with disabilities, and educational
programs for English learners.
``(C) Programs in career and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youths that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies
and other agencies or entities providing
services to homeless children and youths and
their families, including services and programs
funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.); and
``(ii) transportation, transfer of school
records, and other interdistrict activities,
with other local educational agencies.
``(B) Housing assistance.--If applicable, each State
educational agency and local educational agency that
receives assistance under this subtitle shall
coordinate with State and local housing agencies
responsible for developing the comprehensive housing
affordability strategy described in section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational disruption for
children and youths who become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that all homeless children and
youths are promptly identified;
``(ii) ensure that homeless children and
youths have access to, and are in reasonable
proximity to, available education and related
support services; and
``(iii) raise the awareness of school
personnel and service providers of the effects
of short-term stays in a shelter and other
challenges associated with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youth who are to be
assisted both under this subtitle, and under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), each local educational agency
shall coordinate the provision of services under this
subtitle with the provision of programs for children
with disabilities served by that local educational
agency and other involved local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency liaison
for homeless children and youths, designated under
paragraph (1)(J)(ii), shall ensure that--
``(i) homeless children and youths are
identified by school personnel through outreach
and coordination activities with other entities
and agencies;
``(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of that
local educational agency;
``(iii) homeless families, children, and
youths have access to and receive educational
services for which such families, children, and
youths are eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational agency;
``(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental health and
substances abuse services, housing services,
and other appropriate services;
``(v) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available
to their children and are provided with
meaningful opportunities to participate in the
education of their children;
``(vi) public notice of the educational
rights of homeless children and youths is
disseminated in locations frequented by parents
or guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens
in a manner and form understandable to the
parents and guardians of homeless children and
youths, and unaccompanied youths;
``(vii) enrollment disputes are mediated in
accordance with paragraph (3)(E);
``(viii) the parent or guardian of a homeless
child or youth, and any unaccompanied youth, is
fully informed of all transportation services,
including transportation to the school of
origin, as described in paragraph (1)(J)(iii),
and is assisted in accessing transportation to
the school that is selected under paragraph
(3)(A);
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet the
same State academic standards to which
other students are held, including
through implementation of the policies
and practices required by paragraph
(1)(F)(ii); and
``(III) are informed of their status
as independent students under section
480 of the Higher Education Act of 1965
(20 U.S.C. 1087vv) and receive
verification of such status for
purposes of the Free Application for
Federal Student Aid described in
section 483 of such Act (20 U.S.C.
1090).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, advocates
working with homeless families, parents and guardians
of homeless children and youths, and homeless children
and youths of the duties of the local educational
agency liaisons, including publishing an annually
updated list of the liaisons on the State educational
agency's website.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youths shall, as a part of their duties, coordinate and
collaborate with State coordinators and community and
school personnel responsible for the provision of
education and related services to homeless children and
youths. Such coordination shall include collecting and
providing to the State Coordinator the reliable, valid,
and comprehensive data needed to meet the requirements
of paragraphs (1) and (3) of subsection (f).
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and
local educational agency that receives assistance under
this subtitle shall review and revise any policies that
may act as barriers to the enrollment of homeless
children and youths in schools that are selected under
paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
``(C) Special attention.--Special attention shall be
given to ensuring the enrollment and attendance of
homeless children and youths who are not currently
attending school.''; and
(8) in subsection (h)(1)(A), by striking ``fiscal year
2009,'' and inserting ``fiscal years 2013 through 2018,''.
SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating the
enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(A)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' and inserting a
period at the end of clause (ii); and
(iii) by striking clause (iii); and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.'';
(2) in subsection (b)--
(A) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively; and
(B) by adding at the end the following:
``(5) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(6) An assurance that the local educational agency has
removed barriers to complying with the requirements of section
722(g)(1)(I).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``726'' and
inserting ``722(a)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``identification,'' before ``enrollment'';
(ii) by amending subparagraph (B) to read as
follows:
``(B) The extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youths.''; and
(iii) in subparagraph (C), by inserting ``(as
of the date of submission of the application)''
after ``current practice'';
(C) in paragraph (3)--
(i) by amending subparagraph (C) to read as
follows:
``(C) The extent to which the applicant will promote
meaningful involvement of parents or guardians of
homeless children or youths in the education of their
children.'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) in subparagraph (G)--
(I) by striking ``Such'' and
inserting ``The extent to which the
applicant's program meets such''; and
(II) by striking ``case management or
related'';
(iv) by redesignating subparagraph (G) as
subparagraph (I) and inserting after
subparagraph (F) the following:
``(G) The extent to which the local educational
agency will use the subgrant to leverage resources,
including by maximizing nonsubgrant funding for the
position of the liaison described in section
722(g)(1)(J)(ii) and the provision of transportation.
``(H) How the local educational agency uses funds to
serve homeless children and youths under section
1113(c)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
(v) by adding at the end the following:
``(J) An assurance that the applicant will meet the
requirements of section 722(g)(3).''; and
(D) by striking paragraph (4).
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``challenging State academic
content standards'' and inserting ``State
academic standards''; and
(ii) by striking ``and challenging State
student academic achievement standards'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency,'' and inserting ``English
learners,'' ; and
(ii) by striking ``vocational'' and inserting
``career'';
(C) in paragraph (3), by striking ``pupil services''
and inserting ``specialized instructional support'';
(D) in paragraph (7), by striking ``, and
unaccompanied youths,'' and inserting ``, particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9) by striking ``medical'' and
inserting ``other required health'';
(F) in paragraph (10), by inserting before the period
at the end ``, and other activities designed to
increase the meaningful involvement of parents or
guardians of homeless children or youths in the
education of their children'';
(G) in paragraph (12), by striking ``pupil'' and
inserting ``specialized instructional support''; and
(H) in paragraph (13), by inserting before the period
at the end ``and parental mental health or substance
abuse problems''.
SEC. 604. SECRETARIAL RESPONSIBILITIES.
Section 724 of such Act (42 U.S.C. 11434) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment of the
Encouraging Innovation and Effective Teachers Act, update and
disseminate nationwide the public notice described in this
subsection (as in effect prior to such date) of the educational
rights of homeless children and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, program grantees,
and grant recipients serving homeless families, children, and
youths.'';
(2) in subsection (d), by striking ``and dissemination'' and
inserting ``, dissemination, and technical assistance'';
(3) in subsection (e)--
(A) by striking ``this subtitle'' and inserting
``section 722'';
(B) by striking ``60-day'' and inserting ``120-day'';
and
(C) by striking ``120-day'' and inserting ``180-
day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies in areas in which barriers to a
free appropriate public education persist.'';
(5) by amending subsection (g) to read as follows:
``(g) Guidelines.--The Secretary shall develop, issue, and publish in
the Federal Register, not later than 60 days after the date of the
enactment of the Encouraging Innovation and Effective Teachers Act,
strategies by which a State--
``(1) may assist local educational agencies to implement the
provisions amended by the Act; and
``(2) can review and revise State policies and procedures
that may present barriers to the identification, enrollment,
attendance, and success of homeless children and youths in
school.'';
(6) in subsection (h)(1)(A), by inserting ``in all areas
served by local educational agencies'' before the semicolon at
the end; and
(7) in subsection (i), by striking ``McKinney-Vento Homeless
Education Assistance Improvements Act of 2001'' and inserting
``Encouraging Innovation and Effective Teachers Act''.
SEC. 605. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) in paragraph (2)(B)(iv), by striking ``1309'' and
inserting ``1139'' and
(2) in paragraph (3), by striking ``9101'' and inserting
``5101''
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of such Act (42 U.S.C. 11435) is amended to read as
follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated $65,173,000 for fiscal year
2013.
``(b) Out Years.--The amount authorized under subsection (a) shall be
increased for each of fiscal years 2014 through 2018 by a percentage
equal to the percentage of inflation according to the Consumer Price
Index, for the calendar year ending prior to the beginning of that
fiscal year.''.
H.R. 3990, ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT
COMMITTEE REPORT
Purpose
H.R. 3990, the Encouraging Innovation and Effective
Teachers Act, amends the Elementary and Secondary Education Act
to encourage states and school districts to identify, recruit,
and retain the teachers who have the most talent for improving
student achievement and provide state and local leaders with
the freedom to direct federal resources to the programs that
best serve their student populations. The Encouraging
Innovation and Effective Teachers Act will reduce burdensome
federal mandates and regulations, grant states and school
districts opportunities to innovate, and support more effective
teachers in the classroom.
Committee Action
H.R. 3990 is one of the final pieces in a series of
legislation the Committee on Education and the Workforce has
considered in the 112th Congress to reauthorize the Elementary
and Secondary Education Act (ESEA). The bill builds upon the
committee's efforts to examine the federal investment in
education and reduce the federal role in elementary and
secondary education programs.
108TH CONGRESS
Hearings--first session
On September 29, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Denver, CO, on ``Keeping Schools Safe--the Implementation of
No Child Left Behind's Persistently Dangerous Schools
Provision.'' The purpose of the hearing was to learn how the
implementation of the ``persistently dangerous schools''
provision, which allows parents to transfer their children out
of dangerous schools, impacted schools, and communities.
Testifying before the subcommittee were: Mr. William J.
Moloney, Commissioner of Education, Colorado Department of
Education, Denver, CO; Mr. David B. Smith, Director of
Prevention Initiatives, Colorado Department of Education,
Denver, CO; The Honorable Bob Schaffer, President, Colorado
Alliance for Reform in Education, Denver, CO; Ms. Gloria
Zradicka, Policy Analyst, Education Commission of the States,
Denver, CO; Senator John K. Andrews, Jr., President of the
Senate, Colorado State Senate, Denver, CO; and Ms. Vicki Ware,
Parent, Denver, CO.
On October 20, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Taylors, SC, on ``No Child Left Behind's Education Choice
Provisions: Are States and School Districts Giving Parents the
Information They Need?'' The purpose of the hearing was to
discuss how the public school choice and supplemental education
services provisions in the No Child Left Behind Act were being
implemented at the state and local level. Testifying before the
subcommittee were: Ms. Nina S. Rees, Deputy Under Secretary,
Office of Innovation and Improvement, U.S. Department of
Education, Washington, DC; Mrs. Wanda Rushing-Jones,
Coordinator, Federal Programs Unit, South Carolina Department
of Education, Columbia, SC; Dr. William E. Harner,
Superintendent, Greenville County School District, Greenville,
SC; Mr. George Waggoner, Parent, retired Tech. Sergeant (E6),
U.S. Air Force, Greenville, SC; and Dr. Dana Jeffrey, Vice
President of Strategic Sales, Lightspan, Denver, CO.
Second session
On March 3, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Improving Results for Children with Disabilities.'' The
purpose of the hearing was to gain insight into the importance
of including students with disabilities in state accountability
systems under No Child Left Behind. Testifying before the
committee were: Ms. Ricki Sabia, Parent, Associate Director of
Public Policy, National Down Syndrome Society, Silver Spring,
MD; Dr. Jane Rhyne, Assistant Superintendent for Exceptional
Children, Charlotte-Mecklenburg Schools, Charlotte, NC; Dr. Pia
Durkin, Superintendent of Schools, Narragansett School System,
Narragansett, RI; and Dr. Martha Thurlow, Director, National
Center on Education Outcomes, University of Minnesota,
Minneapolis, MN.
On March 8, 2004, the Committee on Education and the
Workforce held a field hearing in Columbus, OH, on ``The Status
of No Child Left Behind Implementation in Ohio.'' The purpose
of the hearing was to gain local insights into the
implementation and consequences of No Child Left Behind.
Testifying before the committee were: Mr. Ron Tomalis,
Counselor to the Secretary, U.S. Department of Education,
Washington, DC; Dr. Richard A. Ross, Superintendent,
Reynoldsburg City Schools, Reynoldsburg, OH; Dr. Howard
Fleeter, Partner, Levin, Driscoll & Fleeter, Columbus, OH; and
Mr. Ted Rebarber, President, Accountability Works, Washington,
DC.
On April 15, 2004, the Committee on Education and the
Workforce held a field hearing in Augusta, GA, on ``No Child
Left Behind: Improving Academic Achievement Through Flexibility
& Accountability for Schools.'' The purpose of the hearing was
to gain local perspectives on the implementation and
consequences of No Child Left Behind. Testifying before the
committee were: Dr. Gene Hickok, Under Secretary of Education,
U.S. Department of Education, Washington, DC; Ms. Kathy Cox,
Superintendent of Schools, State of Georgia, Atlanta, GA; and
Dr. Jeff McDaniel, Director of School Improvement & Federal
Programs, Floyd County Board of Education, Rome, GA.
On April 21, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``The Importance
of Highly Qualified Teachers in Raising Academic Achievement.''
The purpose of the hearing was to discuss the importance of
highly qualified teachers in improving academic achievement for
all students regardless of race, income, geography, English
fluency, or disability. Testifying before the committee were:
Ms. Gaynor McCown, Executive Director, The Teaching Commission,
New York, NY; Mr. Kurt Landgraf, President and CEO, Educational
Testing Service, Princeton, NJ; Mr. Ross Wiener, Policy
Director, The Education Trust, Washington, DC; Ms. Eileen
Mitchell, Elementary School Teacher, P.S. 31--the William T.
Davis School, Staten Island, NY; and Mr. Tracey Bailey, 1993
National Teacher of the Year, Director of National Projects,
Association of American Educators, Fredericksburg, VA.
On May 24, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Las Vegas, NV, on ``H.R. 2649, the Schools
Safely Acquiring Faculty Excellence Act of 2003.'' The purpose
of this legislative hearing was to gain local perspectives on
the Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were: Dr. George Ann Rice,
Associate Superintendent, Human Resources Division, Clark
County Schools, Las Vegas, NV; Ms. Carol Lark, Principal, C.P.
Squires Elementary School, North Las Vegas, NV; and Mrs. D.J.
Stutz, President, Nevada State PTA, member, Board of the
National PTA, Las Vegas, NV.
On May 27, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Phoenix, AZ, on ``Highly Qualified Teachers
and Raising Student Achievement.'' The purpose of the hearing
was to discuss the importance of highly qualified teachers in
improving academic achievement for all students regardless of
race, income, geography, English-fluency, or disability.
Testifying before the subcommittee were: Mr. Raymond Simon,
Assistant Secretary, Office of Elementary and Secondary
Education, U.S. Department of Education, Washington, DC; Dr.
Karen Butterfield, Deputy Associate Superintendent, Innovative
and Exemplary Programs, Arizona Department of Education,
Phoenix, AZ; Dr. Laura Palmer Noone, President, University of
Phoenix, Phoenix, AZ; and Dr. Lewis C. Solmon, Executive Vice
President and Director, Teacher Advancement Programs, Milken
Family Foundation, Santa Monica, CA.
On June 23, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Raising Student Achievement in America's Big City
Schools.'' The purpose of the hearing was to look at how No
Child Left Behind was helping improve student academic
achievement in the nation's urban schools. Testifying before
the committee were: Dr. Michael D. Casserly, Executive
Director, Council of Great City Schools, Washington, DC; Dr.
Margaret Raymond, Director, Center for Research on Education
Outcomes, Hoover Institution, Stanford University, Stanford,
CA; Mr. Paul Vallas, Chief Executive Officer, School District
of Philadelphia, Philadelphia, PA; and Dr. Marcus Newsome,
Superintendent, Newport News County Public Schools, Newport
News, VA.
On September 28, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, DC, on ``H.R. 2649, the Schools Safely
Acquiring Faculty Excellence Act.'' The purpose of this
legislative hearing was to hear testimony on H.R. 2649, the
Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were: Ms. Barbara Belak,
Assistant to the Associate Superintendent for Human Resources,
Clark County Schools, Las Vegas, NV; Ms. Donna Uzzell,
Director, Criminal Justice Information Services, Florida
Department of Law Enforcement, Tallahassee, FL; Dr. William
Dean, Superintendent, Frederick County Public Schools,
Winchester, VA; and Chief Butch Asselin, Member, Fight Crime:
Invest in Kids, Washington, DC.
109TH CONGRESS
Hearings--first session
On April 26, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Supplemental Tutoring for Children in Underachieving
Schools.'' The purpose of the hearing was to examine strategies
for maintaining high expectations of tutoring providers
offering federally funded supplemental educational services,
while also ensuring federal tutoring funds are spent
responsibly. Testifying before the committee were: Ms. Donna
Nola-Ganey, Assistant Superintendent, Office of School and
Community Support, Louisiana Department of Education, Baton
Rouge, LA; Mr. Kevin Teasley, Founder and President, GEO
Foundation, Indianapolis, IN; Mr. Jeffrey Cohen, President,
Catapult Learning, Inc., Baltimore, MD; and Ms. Beth Swanson,
Director, Office of After School and Community Programs,
Chicago Public Schools, Chicago, IL.
On May 17, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``High School
Reform: Examining State and Local Efforts.'' The purpose of the
hearing was to examine state and local strategies for reforming
high schools. Testifying before the committee were: The
Honorable W. Mitt Romney, Governor, Commonwealth of
Massachusetts, Boston, MA; and The Honorable Thomas Vilsack,
Governor, State of Iowa, Des Moines, IA.
On May 19, 2005, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, DC, on ``Challenges to American
Competitiveness in Math and Science.'' The purpose of the
hearing was to learn about the challenges to American
competitiveness in math and science. Testifying before the
subcommittee were: Mr. Norm Augustine, retired Chairman and
Chief Executive Officer, Lockheed Martin Corporation, Bethesda,
MD; Dr. Thomas Magnanti, Dean, School of Engineering,
Massachusetts Institute of Technology, Cambridge, MA; Ms. June
Streckfus, Executive Director, Maryland Business Roundtable for
Education, Baltimore, MD; and Dr. Nancy Songer, Professor of
Science Education and Learning Technologies, University of
Michigan, Ann Arbor, MI.
On June 9, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``The Role of Non-Profit Organizations in
State and Local High School Reform Efforts.'' The purpose of
the hearing was to gain perspectives on the role of non-profit
organizations in state and local high school reform efforts.
Testifying before the subcommittee were: Mr. Tom Vander Ark,
Executive Director, Education, Bill and Melinda Gates
Foundation, Seattle, WA; Ms. Deborah Howard, Program Director,
School Improvement, KnowledgeWorks Foundation, Cincinnati, OH;
and Mr. Andres Henriquez, Program Officer, Education Division,
Carnegie Corporation of New York, New York, NY.
On June 28, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``How the Private Sector is Helping States
and Communities Improve High School Education.'' The purpose of
the hearing was to examine how the private sector is helping
states and communities improve high school education.
Testifying before the subcommittee were: Mr. Bill A. Shore,
Director of U.S. Community Partnerships, GlaxoSmithKline,
Research Triangle Park, NC; Ms. Sarah Revi Sterling, Program
Manager, University Relations, Microsoft Corporation, Redmond,
WA; Mr. Mike Watson, Vice Chairman, BellSouth Foundation,
Atlanta, GA; and Dr. Phyllis Hudecki, Executive Director,
Oklahoma Business and Education Coalition, Oklahoma City, OK.
On September 29, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Closing the
Achievement Gap in America's Schools: the No Child Left Behind
Act.'' The purpose of the hearing was to examine strategies for
closing the achievement gap in America's schools. Testifying
before the committee were: The Honorable Margaret Spellings,
Secretary of Education, U.S. Department of Education,
Washington, DC; Dr. Deborah Jewell-Sherman, Superintendent,
Richmond Public Schools, Richmond, VA; and Ms. Kati Haycock,
Director, The Education Trust, Washington, DC.
On November 17, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``Combating Methamphetamines Through
Prevention and Education.'' The purpose of the hearing was to
examine the federal role in shaping a response to the
methamphetamine problem through the Safe and Drug Free Schools
and Communities Act and other federal programs. Testifying
before the subcommittee were: The Honorable Mark Souder, U.S.
House of Representatives, Third District, Indiana; The
Honorable Darlene Hooley, U.S. House of Representatives, Fifth
District, Oregon; The Honorable Mary Ann Solberg, Deputy
Director, Office of National Drug Control Policy, Executive
Office of the President, Washington, DC; Dr. Richard Spoth,
Director, Partnerships in Prevention Science Institute, Iowa
State University, Ames, IA; The Honorable John Icenogle,
District Judge, District 9, Buffalo County, NE; and Ms. Cristi
Cain, State Coordinator, Kansas Methamphetamine Prevention
Project, Topeka, KS.
Second session
On May 3, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Building
American Competitiveness: Examining the Scope and Success of
Existing Federal Math and Science Programs.'' The purpose of
the hearing was to examine federal math and science programs
and learn about their impact and effectiveness. Testifying
before the committee were: The Honorable Tom Luce, Assistant
Secretary, Office of Planning, Evaluation, and Policy
Development, U.S. Department of Education, Washington, DC; Ms.
Cornelia Ashby, Director of Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; and Mr. Bill Archey, President and Chief
Executive Officer, American Electronics Association,
Washington, DC.
On May 18, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: How Innovative Educators Are Integrating Subject Matter
to Improve Student Achievement.'' The purpose of the hearing
was to examine what methods are being employed to integrate
math and reading instruction into the general education
curriculum with the intent of improving student achievement.
Testifying before the committee were: Mr. Garrett W. Lydic,
2006 State Teacher of the Year, North Laurel Elementary School,
Laurel, DE; Mr. Rick Holt, Principal, Lewiston K-8 School,
Lewiston, MI; Dr. Mickey Garrison, Principal, Fullerton IV
Elementary School, Roseburg, OR; Ms. Betsy Ablott, Teacher,
Science Focus School, Arlington, VA; and Mr. Ray Zeigler, Co-
Director, Maryland Artist/Teacher Institute, Maryland State
Department of Education, Baltimore, MD.
On June 13, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Disaggregating Student Achievement by Subgroups to
Ensure All Students Are Learning.'' The purpose of the hearing
was to examine the consequences of disaggregating student
achievement data by subgroups. Testifying before the committee
were: The Honorable Raymond Simon, Deputy Secretary of
Education, U.S. Department of Education, Washington, DC; Dr.
Cynthia Kuhlman, Principal, Centennial Place Elementary School,
Atlanta, GA; Dr. Ronald A. Peiffer, Deputy State
Superintendent, Maryland State Department of Education,
Baltimore, MD; and Mr. John C. Brittain, Chief Counsel and
Deputy Director, Lawyers Committee for Civil Rights Under Law,
Washington, DC.
On July 12, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Ensuring High Academic Achievement for Limited English
Proficient Students and Students with Disabilities.'' The
purpose of the hearing was to examine how students with
disabilities and limited English proficient students are
evaluated, how effective those evaluation measures are, and
whether there is enough flexibility granted to states and
school districts by the Department of Education with regard to
these student subgroups. Testifying before the committee were:
Ms. Rachel Quenemoen, Senior Research Fellow, National Center
on Educational Outcomes, University of Minnesota, Minneapolis,
MN; Mr. Don Soifer, Executive Vice President, Lexington
Institute, Arlington, VA; Ms. Margaret McLeod, Executive
Director, Office of Bilingual Education, District of Columbia
Public Schools, Washington, DC; Ms. Kristine Neuber, Doctoral
Student, Graduate School of Education, George Mason University,
Fairfax, VA; and Mr. Keith Buchanan, Office Coordinator,
English for Speakers of Other Languages, Fairfax County Public
Schools, Falls Church, VA.
On July 27, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Can Growth Models Ensure Improved Education for All
Students.'' The purpose of the hearing was to evaluate the
implications of using growth models to determine if schools are
making adequate yearly progress under No Child Left Behind.
Testifying before the committee were: Ms. Marlene S. Shaul,
Director, Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, DC; Mr. Joel
I. Klein, Chancellor, New York City Department of Education,
New York, NY; Mr. Reg Weaver, President, National Education
Association, Washington, DC; Ms. Katie Haycock, Director, The
Education Trust, Washington, DC; and Dr. William L. Sanders,
Senior Manager, Value-Added Assessment and Research, SAS
Institute Inc., Cary, NC.
On August 28, 2006, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Chicago, IL, on ``No Child Left Behind: Successes and
Challenges of Implementation in Urban and Suburban Schools.''
The purpose of the hearing was to discuss what improvements
could be made to assist the implementation of No Child Left
Behind in urban and suburban schools. Testifying before the
subcommittee were: Dr. Henry Johnson, Assistant Secretary, U.S.
Department of Education, Washington, DC; Mr. Arne Duncan, Chief
Executive Officer, Chicago Public Schools, Chicago, IL; Dr.
Darlene J. Ruscitti, Regional Superintendent, DuPage Regional
Office of Education, Wheaton, IL; Dr. Paul Kimmelman, Senior
Advisor, Office of the Chief Executive Officer, Learning Point
Associates, Naperville, IL; and Ms. Dianne Piche, Executive
Director, Citizens' Commission on Civil Rights, Washington, DC.
On September 21, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: How Can We Increase Parental Awareness of Supplemental
Education Services?'' The purpose of the hearing was to examine
the challenges and successes of implementation of the
supplemental educational services provisions under the No Child
Left Behind Act. Testifying before the committee were: Mr.
Morgan Brown, Assistant Deputy Secretary, Office of Innovation
and Improvement, U.S. Department of Education, Washington, DC;
Ms. Cornelia Ashby, Director, Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; Dr. Stephen Barr, Associate Superintendent,
Center for School Improvement, Ohio Department of Education,
Columbus, OH; Ms. Erica Harris, Manager, Academic After School
Programs, Chicago Public Schools, Chicago, IL; Dr. Barbara
Anderson, Vice President of Education, Knowledge Learning
Corporation, School Partnerships, Washington, DC; and Ms.
Monique Dollonne, Parent of a Supplemental Educational Services
Student, Ventura, CA.
Legislative action--first session
On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX),
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep.
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep.
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in
Spending Act of 2005. The bill repealed 14 ineffective
elementary and secondary education programs, including: Ready
to Learn Television; Star Schools Act; Ready to Teach; Foreign
Language Assistance Act of 2001; Community Technology Centers;
Educational, Cultural, Apprenticeship, and Exchange Programs
for Alaska Natives, Native Hawaiians, and their Historical
Whaling and Trading Partners in Massachusetts; Arts in
Education; and Women's Educational Equity.
110TH CONGRESS
Hearings--first session
On March 13, 2007, the Committee on Education and Labor
held a joint hearing with the Senate Committee on Health,
Education, Labor, and Pensions in Washington, DC, on
``Elementary and Secondary Education Act Reauthorization:
Improving NCLB to Close the Achievement Gap.'' The purpose of
the hearing was to examine methods for closing the achievement
gap and approaching reauthorization of the Elementary and
Secondary Education Act. Testifying before the committees were:
Mr. Roy Barnes, Co-Chair, Aspen Institute Commission on No
Child Left Behind and former Governor of Georgia, Washington,
DC; Ms. Elizabeth Burmaster, President, Council of Chief State
School Officers, Madison, WI; Mr. Michael Casserly, Executive
Director, Council of Great City Schools, Washington, DC; Mr.
Wade J. Henderson, President and Chief Executive Officer,
Leadership Conference on Civil Rights, Washington, DC; Mr.
Edward J. McElroy, President, American Federation of Teachers,
Washington, DC; Mr. Arthur J. Rothkopf, Senior Vice President,
Business Coalition for Student Achievement, Washington, DC; and
Mr. Reg Weaver, President, National Education Association,
Washington, DC.
On March 21, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``ESEA Reauthorization:
Options for Improving NCLB's Measures of Progress.'' The
purpose of the hearing was to discuss options for reforming the
current definition of adequate yearly progress. Testifying
before the committee were: Dr. Harold C. Doran, Senior Research
Scientist, American Institutes for Research, Washington, DC;
Dr. Chrys Dougherty, Director of Research, National Center for
Educational Accountability, Austin, TX; Mr. Peter McWalters,
Commissioner, Rhode Island Department of Education, Providence,
RI; Mr. Allan Olson, Co-Founder and Chief Academic Officer,
Northwest Evaluation Association, Lake Oswego, OR; and Ms.
Valerie Woodruff, Secretary, Delaware Department of Education,
Dover, DE.
On March 23, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Impact of NCLB
on English Language Learners.'' The purpose of the hearing was
to learn how NCLB is working for English Language Learner
students and what needs to be done to improve student
achievement. Testifying before the subcommittee were: Ms.
Cornelia M. Ashby, Director, Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; Dr. Beverly L. Young, Assistant Vice
Chancellor, Teacher Education and Public School Program,
California State University, Long Beach, CA; Mr. Peter Zamora,
Regional Counsel, Mexican American Legal Defense and
Educational Fund, Washington, DC; Ms. Francisca Sanchez,
Assistant Superintendent for Curriculum and Instruction, San
Bernardino County Superintendent of Schools, San Bernardino,
CA; and Ms. Marta Guzman, Principal, Oyster Bilingual
Elementary School, Washington, DC.
On March 29, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``How NCLB
Affects Students with Disabilities.'' The purpose of the
hearing was to determine how students with disabilities are
affected by certain provisions under No Child Left Behind.
Testifying before the subcommittee were: Dr. Rebecca H. Cort,
Deputy Commissioner, Office of Vocational and Educational
Services for Individuals with Disabilities, New York State
Department of Education, Albany, NY; Dr. Michael L. Hardman,
Professor and Chair, Department of Special Education and
Department of Teaching and Learning, University of Utah, Salt
Lake City, UT; Dr. William Henderson, Principal, O'Hearn
Elementary School, Boston, MA; Ms. Rachel Quenemoen, Technical
Assistance Team Leader, National Center on Education Outcomes,
University of Minnesota, Minneapolis, MN; and Dr. Jane Rhyne,
Assistant Superintendent, Programs for Exceptional Children,
Charlotte-Mecklenburg School System, Charlotte, NC.
On April 12, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, MI, on ``Local
Perspectives on the No Child Left Behind Act.'' The purpose of
the hearing was to gain local perspectives on the No Child Left
Behind Act. Testifying before the subcommittee were: Mr. Steve
Burroughs, President, United Teachers of Flint, on behalf of
the National Education Association, Flint, MI; Ms. Andrea
Debardelaben, Parent, Flint, MI; Mr. Jan D. Russell, Assistant
Superintendent, Genesee Intermediate School District, Flint,
MI; Mr. David Solis, Director of State, Federal, and Local
Programs, on behalf of Dr. Walter Milton Jr., Superintendent,
Flint Community Schools, Flint, MI; and Mr. Donald Tilley,
Social Studies Department Chair, Central High School, Flint,
MI.
On April 18, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Supplemental
Education Services Under the No Child Left Behind Act: How to
Improve Quality and Access.'' The purpose of the hearing was to
understand how supplemental education services are working and
whether they can be better implemented or improved. Testifying
before the subcommittee were: Ms. Cornelia M. Ashby, Director,
Education, Workforce, and Income Security Issues, U.S.
Government Accountability Office, Washington, DC; Ms. Ann E.
Chafin, Assistant State Superintendent for Student, Family, and
School Support, Maryland State Department of Education,
Baltimore, MD; Ms. Ruth D. Murray, Director, Federal Grants,
Newport News Public Schools, Newport News, VA; Ms. Dianne M.
Piche, Executive Director, Citizens' Commission on Civil
Rights, Washington, DC; and Ms. Monica M. Roberts, Director,
Office of Federal and State Programs, Boston Public Schools,
Boston, MA.
On April 20, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Mismanagement and
Conflicts of Interest in the Reading First Program.'' The
purpose of the hearing was to investigate instances of
mismanagement and uncover conflicts of interest in the Reading
First Program. Testifying before the committee were: Mr.
Christopher J. Doherty, former Program Director, Reading First,
U.S. Department of Education, Washington, DC; Dr. Roland Good,
Associate Professor, University of Oregon, Eugene, OR; Mr. John
P. Higgins, Inspector General, U.S. Department of Education,
Washington, DC; Dr. Edward Kame'enui, Commissioner of the
National Center for Special Education Research, U.S. Department
of Education, Washington, DC; Ms. Starr Lewis, Associate
Commissioner, Kentucky Department of Education, Frankfort, KY;
and Dr. Deborah C. Simmons, Professor of Special Education,
Texas A&M University, College Station, TX.
On April 23, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``NCLB: Preventing
Dropouts and Enhancing School Safety.'' The purpose of the
hearing was to examine strategies for preventing dropouts and
listening to testimony on how to improve school safety.
Testifying before the committee were: Dr. Maria Robledo
Montecel, Executive Director, Intercultural Development
Research Association, San Antonio, TX; Dr. Jane Norwood, Vice-
Chair, North Carolina State Board of Education, Raleigh, NC;
Mr. Kenneth M. Smith, President, Jobs for America's Graduates,
Alexandria, VA; Mr. Kenneth S. Trump, President and Chief
Executive Officer, National School Safety and Security
Services, Inc., Cleveland, OH; and The Honorable Bob Wise,
President, Alliance for Excellent Education and former Governor
of West Virginia, Washington, DC.
On April 27, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in San Rafael, CA, on
``Improving the No Child Left Behind Act's Accountability
System.'' The purpose of the hearing was to gain local
perspectives on accountability provisions within No Child Left
Behind. Testifying before the subcommittee were: Ms. Melanie
Blake, Teacher, Sonoma Valley High School, Sonoma, CA; Mr. Pepe
Gonzalez, Vice Principal, Venetia Valley K-8 School, San
Rafael, CA; Dr. Sharon E. Liddell, Superintendent, Santa Rosa
City Schools, Santa Rosa, CA; Ms. Elizabeth W. Schott,
Principal, McDowell Elementary School, Petaluma, CA; and Dr.
Fred Tempes, Senior Program Director, WestEd, San Francisco,
CA.
On April 28, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Sacaton, AZ, on ``The No
Child Left Behind Act's Impact on Indian Education.'' The
purpose of the hearing was to explore how certain provisions of
No Child Left Behind affect Indian Education. Testifying before
the subcommittee were: Dr. Roger Bordeaux, Director,
Association of Community Tribal Schools, Agency Village, SD;
Dr. Willard S. Gilbert, President-elect, National Indian
Education Association, Washington, DC; Mr. Tom Miller, Member,
Board of Directors, Sault Ste. Marie Tribe of Chippewa Indians,
Sault Ste. Marie, MI; Mr. William R. Rhodes, Governor, Gila
River Indian Community, Sacaton, AZ; and Mr. Wendsler Nosie,
Sr., Chairman, San Carlos Apache Tribe, San Carlos, AZ.
On May 10, 2007, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Accountability for the
Department of Education's Oversight of Student Loans and the
Reading First Program.'' The purpose of the hearing was to
investigate unethical practices in the student loan industry
and the Reading First program. Testifying before the committee
was The Honorable Margaret Spellings, Secretary, U.S.
Department of Education, Washington, DC.
On May 11, 2007, the Committee on Education and Labor held
a hearing in Washington, DC, on ``ESEA Reauthorization:
Boosting Quality in the Teaching Profession.'' The purpose of
the hearing was to examine methods of ensuring teacher quality
in every classroom. Testifying before the committee were: Ms.
Joan Bibeau, Member, Education Minnesota, Teacher, Eagleville
Elementary School, Leech Lake Reservation, MN; Dr. Joseph P.
Burke, Superintendent of Schools, Springfield Public Schools,
Springfield, MA; Dr. Jack D. Dale, Superintendent, Fairfax
County Public Schools, Fairfax, VA; Mr. Joel I. Klein,
Chancellor, New York City Department of Education, New York,
NY; Ms. Valdine McLean, Teacher, Pershing County High School,
Lovelock, NV; Mr. John D. Podesta, President and Chief
Executive Officer, Center for American Progress, Washington,
DC; Dr. Gary W. Ritter, Associate Professor, Endowed Chair in
Education Policy, Department of Education Reform, College of
Education and Health Professions, University of Arkansas,
Fayetteville, AR; and Dr. Jarvis Sanford, Principal, Dodge
Renaissance Academy, Chicago, IL.
On May 14, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in King of Prussia, PA, on
``Examining Local Perspectives on the No Child Left Behind
Act.'' The purpose of the hearing was to gain local
perspectives on the consequences of No Child Left Behind.
Testifying before the subcommittee were: Dr. Leslye S. Abrutyn,
Superintendent, Penn Delco School District, Aston, PA; Dr.
Theodore Hershberg, Public Policy and History Director, Center
for Greater Philadelphia and Operation Public Education,
University of Pennsylvania, Philadelphia, PA; Mr. Joe Howell,
Principal, Norristown Area High School, Norristown, PA; Mr.
Stephen Kozol, Chair, Department of Social Studies, Upper
Merion Area High School, King of Prussia, PA; and Mr. Anthony
C. Stevenson, incoming Principal, Radnor Middle School, Radnor
Township, PA.
On May 17, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a hearing in Washington, DC, on
``Preparing Teachers for the Classroom: The Role of the Higher
Education Act and No Child Left Behind.'' The purpose of the
hearing was to examine the role the federal government can play
in preparing teachers for the classroom. Testifying before the
subcommittee were: Dr. Daniel Fallon, Director, Program in
Higher Education, Carnegie Corporation of New York, New York,
NY; Dr. Emily Feistritzer, President, National Center for
Alternative Certification and the National Center for Education
Information, Washington, DC; Dr. Sharon P. Robinson, President
and Chief Executive Officer, American Association of Colleges
for Teacher Education, Washington, DC; Mr. George A. Scott,
Director, Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, DC; and Dr.
Janice Wiley, Deputy Director, Region One Education Service
Center, Edinburg, TX.
On June 7, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on
``Reauthorization of the Elementary and Secondary Education
Act: Current and Prospective Flexibility under the No Child
Left Behind Act.'' The purpose of the hearing was to hear
perspectives on flexibility under No Child Left Behind.
Testifying before the subcommittee were: Mr. Chester E. Finn,
Jr., President, Thomas B. Fordham Institute, Washington, DC;
Mr. Jack Jennings, President, Center on Education Policy,
Washington, DC; Dr. Carol Johnson, Superintendent, Memphis City
Schools, Memphis, TN; The Honorable Rick Melmer, Secretary,
South Dakota Department of Education, Pierre, SD; and Ms.
Kathleen N. Straus, President, Michigan State Board of
Education, Lansing, MI.
On September 10, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Reauthorization of the
Elementary and Secondary Education Act of 1965.'' The purpose
of the hearing was to gain feedback on proposed legislation to
reauthorize the Elementary and Secondary Education Act.
Testifying before the committee were: Ms. Germaine Brown,
Teacher, Stewart Street Elementary School, Gadsden County, FL;
Mr. Barry Stark, Principal, Norris Middle School, Firth, NE;
Mr. Jack Jennings, President, Center for Education Policy,
Washington, DC; Dr. Linda Darling-Hammond, Charles Ducommun
Professor of Education, Stanford University, Stanford, CA; Mr.
John Podesta, President and Chief Executive Officer, Center for
American Progress, Washington, DC; Ms. Andrea Messina,
Commissioner, Aspen Institute Commission on NCLB, Washington,
DC; Mr. Kevin Carey, Research and Policy Manager, Education
Sector, Washington, DC; Dr. Billy Cannaday, Superintendent of
Public Instruction, Virginia Department of Education, Richmond,
VA; The Honorable Bob Wise, President, Alliance for Excellent
Education, Washington, DC; Ms. Adria Steinberg, Assistant Vice
President of Youth Transition, Jobs for the Future, Boston, MA;
Mr. James McPartland, Principal Research Scientist, Center for
Social Organization of Schools, John Hopkins University,
Baltimore, MD; Mr. Brian Gong, Executive Director, Center for
Assessment, Dover, NH; Mr. Mike Cohen, President, Achieve Inc.,
Washington, DC; Ms. Janet Bray, Director, Association for
Career and Technical Education, Alexandria, VA; Ms. Nancy
Zirkin, Vice President and Director of Public Policy,
Leadership Conference on Civil Rights, Washington, DC; Mr.
Peter Zamora, Regional Counsel, Mexican American Legal Defense
and Educational Fund, Washington, DC; Ms. Stephanie Jones,
Executive Director, The Urban League, Washington, DC; Mr. Dan
Losen, Senior Education Law and Policy Associate, The Civil
Rights Project, Los Angeles, CA; Ms. Dianne Piche, Executive
Director, Citizens Commission on Civil Rights, Washington, DC;
Ms. Delia Pompa, Vice President of Education Programs, National
Council of La Raza, Washington, DC; Ms. Katie Neas, Director of
Congressional Relations, Easter Seals, Washington, DC; Ms.
Myrna Mandlawitz, Policy Director, Learning Disabilities
Association of America, Washington, DC; Mr. Jon Schnur, Chief
Executive Officer and Co-Founder, New Leaders for New Schools,
New York, NY; Mr. Charles Harris, Co-Founder and Executive
Partner, SeaChange Capital Partner, South Norwalk, CT; Mr.
Nelson Smith, President, National Alliance for Public Charter
Schools, Washington, DC; Mr. Joshua Wyner, Executive Vice
President, Jack Kent Cooke Foundation, Lansdowne, VA; Ms. Sonia
Hernandez Rodriguez, Executive Vice President, National Farm
Workers Service Center, Los Angeles, CA; Mr. John Castellani,
President, Business Roundtable, Washington, DC; Mr. Jim
Kohlmoos, President and Chief Executive Officer, Knowledge
Alliance, Washington, DC; Mr. Mike Petrilli, Vice President for
National Programs and Policy, The Thomas B. Fordham Foundation,
Washington, DC; Ms. MaryKate Hughes, Math Teacher, D.C.
Preparatory Academy, Washington, DC; Ms. Kathleen Rooker,
Principal, Neil Armstrong Elementary School, Port Charlotte,
FL; Mr. Reg Weaver, President, National Education Association,
Washington, DC; Ms. Kati Haycock, Director, The Education
Trust, Washington, DC; Ms. Antonia Cortese, Executive Vice
President, American Federation of Teachers, Washington, DC; Ms.
Frances Bryant Bradburn, Director of Instructional
Technologies, North Carolina Department of Education, Raleigh,
NC; Ms. Mary Kay Sommers, Principal, Shepardson Elementary
School, Fort Collins, CO; Ms. Kristan Van Hook, Senior Vice
President for Public Policy and Development, National Institute
for Excellence in Teaching, Santa Monica, CA; Mr. David Brewer,
Superintendent, Los Angeles Unified School District, Los
Angeles, CA; Ms. Joan Wodiska, Director of Education Policy,
National Governors Association, Washington, DC; Mr. Michael
Casserly, Executive Director, Council of Great City Schools,
Washington, DC; Mr. Paul Houston, Executive Director, American
Association of School Administrators, Arlington, VA; Ms. LaRuth
Gray, Deputy Director, Metropolitan Center for Urban Education,
New York, NY; and Mr. Michael Resnick, Associate Executive
Director, National School Boards Association, Alexandria, VA.
On September 21, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a field hearing in Pomona, CA, on
``Examining Competitiveness Through Science, Technology,
Engineering and Math.'' The purpose of the hearing was to
examine strategies for improving the delivery of education in
Science, Technology, Engineering, and Math (STEM) classes to
students in the United States. Testifying before the
subcommittee were: Dr. Warren J. Baker, President, California
Polytechnic State University, San Luis Obispo, CA; Dr. Marshall
E. Drummond, Chancellor, Los Angeles Community College
District, Los Angeles, CA; Dr. Susan Hackwood, Executive
Director, California Council on Science and Technology,
Sacramento, CA; Dr. Charles B. Reed, Chancellor, California
State University System, Sacramento, CA; Dr. Frederick A.
Tarantino, President and Chief Executive Officer, Universities
Space Research Association, Columbia, MD; and Dr. Todd Ullah,
Director of Science, Los Angeles Unified School District, Los
Angeles, CA.
Second session
On February 13, 2008, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Modern Public School
Facilities: Investing in the Future.'' The purpose of the
hearing was to highlight the poor quality of public school
buildings, particularly in low-income areas, and federal
investment in public school buildings. Testifying before the
committee were: The Honorable Ben Chandler, U.S. House of
Representatives, Sixth District, Kentucky; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Bob Etheridge, U.S. House of
Representatives, Second District, North Carolina; The Honorable
David Loebsack, U.S. House of Representatives, Second District,
Iowa; The Honorable Charles Boustany, U.S. House of
Representatives, Seventh District, Louisiana; The Honorable
Darlene Hooley, U.S. House of Representatives, Fifth District,
Oregon; The Honorable Steve King, U.S. House of
Representatives, Fifth District, Iowa; The Honorable Rush Holt,
U.S. House of Representatives, Twelfth District, New Jersey;
Ms. Kathleen J. Moore, Director, School Facilities Planning
Division, California Department of Education, Sacramento, CA;
Ms. Judi Caddick, Teacher, Memorial Junior High School,
Illinois Education Association, Lansing, IL; Ms. Mary
Cullinane, Director, Innovation and Business Development Team,
Microsoft Corporation, New York, NY; Dr. Paula Vincent,
Superintendent, Clear Creek Amana School District, Oxford, IA;
Mr. Paul Vallas, Superintendent, Louisiana Recovery School
District, New Orleans, LA; Mr. Jim Waters, Director, Policy and
Communications, Bluegrass Institute for Public Policy
Solutions, Bowling Green, KY; and Mr. Neal McCluskey, Associate
Director, Center for Educational Freedom, CATO Institute,
Washington, DC.
On March 11, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``After School
Programs: How the Bush Administration's Budget Impacts Children
and Families.'' The purpose of the hearing was to examine the
21st Century Learning Centers program and discuss its progress.
Testifying before the subcommittee were: Mr. Michael J.
Carroll, Chief of Police, West Goshen Township Police
Department, Chester County, PA; Ms. LaDonna Gamble, Interim
Project Director, Bridges to the Future Before and Afterschool
Program's 21st Century Community Learning Center, Flint, MI;
Ms. Theresa Vendrzyk Kough, Education Associate, After School
Programs, Delaware Department of Education, Dover, DE; and Ms.
Priscilla M. Little, Associate Director, Harvard Family
Research Project, Medford, MA.
On May 21, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The National Mathematics
Advisory Panel Report: Foundations for Success.'' The purpose
of the hearing was to discuss the findings of the National Math
Panel's report and how U.S. math education can be improved.
Testifying before the committee were: Mr. John Castellani,
President, Business Roundtable, Washington, DC; Dr. Francis
Fennell, former President, National Council of Teachers of
Mathematics, Reston, VA; Dr. William Haver, Professor of
Mathematics, Virginia Commonwealth University, Richmond, VA;
Ms. Laura Slover, Vice President, Achieve, Inc., Washington,
DC; Dr. Wanda Talley Staggers, Dean of Manufacturing and
Engineering, Anderson School District Five, Anderson, SC; and
Ms. Mary Ann Wolf, Executive Director, State Educational
Technology Directors Association, Glen Burnie, MD.
On July 17, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Mayor and Superintendent
Partnerships in Education: Closing the Achievement Gap.'' The
purpose of the hearing was to examine superintendent
partnerships in education and closing the achievement gap.
Testifying before the committee were: The Honorable Michael R.
Bloomberg, Mayor, City of New York, New York, NY; Mr. Arne
Duncan, Chief Executive Officer, Chicago Public Schools,
Chicago, IL; The Honorable Adrian M. Fenty, Mayor, District of
Columbia, Washington, DC; Dr. Beverly L. Hall, Superintendent,
Atlanta Public Schools, Atlanta, GA; Mr. Joel I. Klein,
Chancellor, New York City Department of Education, New York,
NY; and Ms. Michelle Rhee, Chancellor, District of Columbia
Public Schools, Washington, DC.
On July 22, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Innovation in STEM Education
through Business and Education Partnerships.'' The purpose of
the hearing was to examine innovative business and education
partnerships in Science, Technology, Engineering, and
Mathematics education. Testifying before the committee were:
Dr. Ramona Chang, Director of Curriculum, Torrance Unified
School District, Torrance, CA; Ms. Melendy Lovett, Senior Vice
President and President, Education Technology, Texas
Instruments, Dallas, TX; Mr. Tom Luce, Chief Executive Officer,
National Math and Science Initiative, Dallas, TX; Mr. Phil
Mickelson, Professional Golfer and Cofounder, Mickelson
ExxonMobil Teachers Academy, Rancho Santa Fe, CA; Dr. Carlo
Parravano, Executive Director, Merck Institute for Science
Education, Rahway, NJ; Dr. Sally Ride, President and Chief
Executive Officer, Sally Ride Science, San Diego, CA; Ms.
Patricia Sullivan, Education Solutions Executive, Global
Education Industry at IBM, Armonk, NY; and Mr. Brian H. Wells,
Chief Systems Engineer, Raytheon Co., Waltham, MA.
On July 24, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Benefits of Physical and
Health Education for Our Nation's Children.'' The purpose of
the hearing was to discuss the problem of childhood obesity,
and the benefits of physical education. Testifying before the
committee were: The Honorable Ron Kind, U.S. House of
Representatives, Third District, Wisconsin; The Honorable Zach
Wamp, U.S. House of Representatives, Third District, Tennessee;
Ms. Lori Rose Benson, Director, Office of Fitness and Health
Education, New York City Department of Education, New York, NY;
Mr. Tim Brown, former NFL all-pro player, National Chairman,
Athletes and Entertainers for Kids, Long Beach, CA; Mr. Robert
Keiser, Student Advisor to Governor Charlie Crist, Council on
Physical Fitness, Tallahassee, FL; Dr. Russell Pate, Associate
Vice President for Health Sciences, Professor, Department of
Exercise Science, Arnold School of Public Health, University of
South Carolina, Columbia, SC; and Mr. Richard Simmons, ASK
America, Beverly Hills, CA.
On September 9, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Challenges
Facing Bureau of Indian Education Schools in Improving Student
Achievement.'' The purpose of the hearing was to examine
challenges encountered by Bureau of Indian Education schools in
their efforts to improve student achievement. Testifying before
the subcommittee were: Ms. Cornelia Ashby, Director, Education,
Workforce, and Income Security Issues, U.S. Government
Accountability Office, Washington, DC; Ms. Anne Dudro, Chief of
Staff, Office of Elementary and Secondary Education, U.S.
Department of Education, Washington, DC; Dr. Willard Sakiestewa
Gilbert, President, National Indian Education Association,
Washington, DC; Mr. Theodore Hamilton, Executive Director,
Oceti Sakowin Education Consortium, Kyle, SD; and Mr. Stanley
Holder, Chief, Division of Performance and Accountability,
Bureau of Indian Education, U.S. Department of the Interior,
Washington, DC.
Legislative action--first session
On July 12, 2007, Rep. Ben Chandler (D-KY), Rep. George
Miller (D-CA), and Rep. Dale Kildee (D-MI) introduced H.R.
3021, the 21st Century High-Performing Public School Facilities
Act. The bill sought to create a new federal school
construction program. Under the bill, the Secretary of
Education would make grants and low-interest loans to local
educational agencies for the construction, modernization, or
repair of public kindergarten, elementary, and secondary
educational facilities, and for other purposes.
On July 12, 2007, Rep. John Sarbanes (D-MD) introduced H.R.
3036, the No Child Left Inside Act of 2007. The bill sought to
amend the Elementary and Secondary Education Act of 1965 to
create new environmental education programs.
On August 1, 2007, Rep. Mazie Hirono (D-HI), Rep. Robert
Andrews (D-NJ), Rep. Susan Davis (D-CA), Rep. George Miller (D-
CA), and Rep. John Tierney (D-MA) introduced H.R. 3289, the
Providing Resources Early for Kids (PRE-K) Act of 2007. The
bill sought to amend the Elementary and Secondary Education Act
of 1965 to create a new early education program.
Second session
On April 30, 2008, the Committee on Education and Labor
considered H.R. 3021, the 21st Century High-Performing Public
School Facilities Act, in legislative session, and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 28-19.
The committee considered and adopted the following
amendment to H.R. 3021:
Rep. Dave Loebsack (D-IA) and Rep. Dale Kildee (D-
MI) offered an amendment in the nature of a substitute. The
amendment passed by a voice vote.
The committee further considered the following amendments
to H.R. 3021, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to strike the provision subjecting new school
construction projects to the requirements of the Davis-Bacon
Act. The amendment failed by a vote of 16-27.
Rep. Mike Castle (R-DE) offered an amendment
requiring Title I and the Individuals with Disabilities
Education Act (IDEA) to be fully funded before federal
resources could be dedicated to school construction. The
amendment failed by a vote of 20-24.
Rep. Rob Bishop (R-UT) offered an amendment on the
equitable treatment of charter schools. The amendment failed by
a vote of 19-25.
Rep. John Kline (R-MN) offered an amendment to
require local educational agencies to provide military
recruiters with access to secondary student information. The
amendment was ruled not germane by the Chair. A motion to
appeal the ruling of the Chair failed by a vote of 20-25.
Rep. Tom Price (R-GA) offered an amendment
requiring local educational agencies to conduct independent
audits. The amendment failed by a vote of 18-26.
Rep. Tom Price (R-GA) offered an amendment
prohibiting earmarks. The amendment failed by a vote of 21-25.
Rep. Vernon Ehlers (R-MI) offered an amendment
prohibiting the purchase of carbon offsets. The amendment
failed by a vote of 21-25.
Rep. David Davis (R-TN) offered an amendment
requiring local educational agencies to certify compliance with
school prayer provisions. The amendment was ruled not germane
by the Chair. A motion to appeal the ruling of the Chair failed
by a vote of 21-26.
The House of Representatives passed H.R. 3021 on June 4,
2008, by a vote of 250-164. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On June 18, 2008, the Committee on Education and Labor
considered H.R. 3036, the No Child Left Inside Act of 2007, in
legislative session and reported the bill favorably, as
amended, to the House of Representatives by a vote of 37-8.
The committee considered and adopted the following
amendments to H.R. 3036:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment passed by a voice
vote.
Rep. Mike Castle (R-DE) offered an amendment to
require the Administrator of the Environmental Protection
Agency, the Secretary of Education, and the National
Environmental Education Foundation to establish indicators of
program quality for environmental education programs. The
amendment was adopted by a voice vote.
Rep. John Sarbanes (D-MD) offered an amendment to
make technical edits. The amendment was adopted by a voice
vote.
Rep. Vern Ehlers (R-MI) offered an en bloc
amendment to expand the list of subject studies to determine
the effectiveness of environmental education programs and to
allow grantees to conduct studies of national significance. The
amendment was adopted by a voice vote.
Rep. Rush Holt (D-NJ) and Rep. Mark Souder (R-IN)
offered an amendment to allow grantees to coordinate with any
program operated by a federal natural resource management
agency. The amendment was adopted by a voice vote.
Rep. Tim Bishop (D-NY) offered an amendment to
allow grantees to replicate and disseminate information about
proven and tested environmental education programs. The
amendment was adopted by a voice vote.
Rep. Mark Souder (R-IN) offered an amendment to
allow grantees to develop environmental education standards
that include information on the need to balance conservation of
the environment with the development of the nation's energy
resources. The amendment was adopted by a voice vote.
Rep. Yvette Clark (D-NY) offered an amendment to
allow grantees to address environmental justice issues. The
amendment was adopted by a voice vote.
Rep. Tom Price (R-GA) offered an amendment to
clarify that federal funds may not be used to mandate, direct,
or control a state or local educational agency's curriculum or
program of instruction. The amendment was adopted by a voice
vote.
The committee further considered the following amendment to
H.R. 3036, which was not adopted:
Rep. Tom Price (R-GA) offered an amendment on the
environmental benefits of American-made energy. The amendment
failed by a vote of 13-28.
The House of Representatives passed H.R. 3036 on September
18, 2008, by a vote of 293-109. The bill was sent to the Senate
and referred to the Senate Committee on Environment and Public
Works.
On June 25, 2008, the Committee on Education and Labor
considered H.R. 3289, the Providing Resources Early for Kids
(PRE-K) Act of 2007, in legislative session and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 31-11.
The committee considered and adopted the following
amendments to H.R. 3289:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment passed by a voice
vote.
Rep. Phil Hare (D-IL) offered an en bloc amendment
to address the deficiency of pre-K opportunities to children in
rural areas and to increase coordination of state supported
early childhood providers and local educational agencies to
ensure a smooth transition to kindergarten. The amendment
passed by a voice vote.
Rep. Susan Davis (D-CA) offered an amendment to
add an allowable use of funds for instruction and support for
program directors and staff during the first three years of
employment. The amendment passed by a vote of 26-17.
Rep. Dennis Kucinich (D-OH) offered an en bloc
amendment to require states to report on how they are
addressing transportation needs where transportation is a
barrier to accessing state-funded preschool programs and to
require states to coordinate with a state advisory board on
early childhood education or similar entity. The amendment
passed by a voice vote.
Rep. Dennis Kucinich (D-OH) and Rep. Lynn Woolsey
(D-CA) offered an amendment to require states to report on
their activities to expand state-funded preschool programs and
to require the Secretary of Education to report to Congress on
the activities carried out by this bill. The amendment (as
amended) passed by a voice vote.
Rep. Phil Hare (D-IL) offered a secondary
amendment to Reps. Kucinich and Woolsey's amendment to add
rural areas into the reporting requirements. The amendment
passed by a voice vote.
Rep. Ruben Hinojosa (D-TX) offered an amendment
requiring states to provide assurances they will target
resources or strengthen services to English Language Learners.
The amendment passed by a voice vote.
The committee considered the following amendments to H.R.
3289, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to ensure states invest the resources provided in the
bill to enroll all eligible children in the existing Head Start
program. The amendment was defeated by a vote of 18-25.
Rep. Mike Castle (R-DE) offered an amendment to
align the new pre-K program with Head Start. The amendment was
defeated by a vote of 18-25.
Rep. Charles Boustany (R-LA) offered an amendment
to prioritize services only to low-income children. The
amendment was defeated by a vote of 17-26.
Rep. Tom Price (R-GA) offered an amendment to
allow states to provide parents a choice of preschool
providers. The amendment was defeated by a vote of 14-29.
Rep. Tom Price (R-GA) also offered an amendment
that would require the bill to have offsets. The amendment was
defeated by a vote of 17-26.
Rep. Virginia Foxx (R-NC) and Rep. Tom Price (R-
GA) offered an amendment that would limit federally funded
programs to legal U.S. residents and citizens. The amendment
was defeated by a vote of 18-25.
On September 26, 2008, the House of Representatives passed
H.R. 7110, the Job Creation and Unemployment Relief Act of
2008, introduced by Rep. David Obey (D-WI). H.R. 7110
appropriated $3 billion for public school modernization,
renovation, and repair, similar to the provisions included in
H.R. 3021. The bill was placed on the Senate calendar.
111TH CONGRESS
Hearings--first session
On April 29, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Strengthening America's
Competitiveness through Common Academic Standards.'' The
purpose of the hearing was to examine how to ensure rigorous
academic standards keep American students competitive.
Testifying before the committee were: Mr. James B. Hunt Jr.,
Chairman of the Board, James B. Hunt, Jr., Institute for
Educational Leadership and Policy Foundation, former Governor
of North Carolina, Raleigh, NC; Dr. Kenneth James,
Commissioner, Arkansas Department of Education, Little Rock,
AR; Mr. Greg Jones, President and Chief Executive Officer
(retired), State Farm General Insurance, Chairman, California
Business Roundtable, Playa del Rey, CA; Mr. David Levin, Co-
founder, KIPP Schools, New York, NY; and Ms. Randi Weingarten,
President, American Federation of Teachers, New York, NY.
On May 12, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``America's Competitiveness
through High School Reform.'' The purpose of the hearing was to
learn about the challenges facing our nation's high schools in
providing competitive, capable graduates. Testifying before the
committee were: The Honorable Chaka Fattah, U.S. House of
Representatives, Second District, Pennsylvania; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Raul M. Grijalva, U.S. House of
Representatives, Seventh District, Arizona; The Honorable David
P. Roe, U.S. House of Representatives, First District,
Tennessee; Mr. Robert Balfanz, Associate Research Scientist,
Everyone Graduates Center, Johns Hopkins University, Baltimore,
MD; Mr. Scott Gordon, Chief Executive Officer, Mastery Charter
Schools, Philadelphia, PA; Ms. Marguerite Kondracke, President
and Chief Executive Officer, America's Promise Alliance,
Washington, DC; Dr. Vicki Phillips, Director, Education
Initiative, Bill and Melinda Gates Foundation, Seattle, WA; The
Honorable Bob Wise, President, Alliance for Excellent
Education, former Governor of West Virginia, Washington, DC;
and Mr. Michael Wotorson, Executive Director, Campaign for High
School Equity, Washington, DC.
On May 19, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Examining the Abusive and
Deadly Use of Seclusion and Restraint in Schools.'' The purpose
of the hearing was to understand the nature and magnitude of
the practice of abusive restraint and seclusion techniques in
public and private schools. Testifying before the committee
were: Mr. Greg Kutz, Managing Director, Forensic Audits and
Special Investigations, U.S. Government Accountability Office,
Washington, DC; Ms. Toni Price, foster mother of a child
victim, Killeen, TX; Ms. Anne Gaydos, mother of a child victim,
Monument, CO; Ms. Elizabeth Hanselman, Assistant
Superintendent, Special Education and Support Services,
Illinois State Board of Education, Springfield, IL; and Dr.
Reece L. Peterson, Professor of Special Education, University
of Nebraska, Lincoln, NE.
On May 20, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Obama Administration's
Education Agenda.'' The purpose of the hearing was to learn
about the administration's policies and priorities for
education in the coming fiscal year. Testifying before the
committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, DC.
On June 4, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Building on What Works at
Charter Schools.'' The purpose of the hearing was to learn how
states, charter school authorizers, and charter school
providers produce high-quality charter schools and how those
programs can be replicated and brought to scale. Testifying
before the committee were: The Honorable Barbara O'Brien,
Lieutenant Governor, State of Colorado, Denver, CO; Mr. James
Shelton, Assistant Deputy Secretary for Innovation and
Improvement, U.S. Department of Education, Washington, DC; Mr.
Steve Barr, Founder and Chairman, Green Dot Public Schools, Los
Angeles, CA; Dr. John King, Managing Director, Excellence and
Preparatory Network of Uncommon Schools, New York, NY; Mr.
David Dunn, Executive Director, Texas Charter Schools
Association, Austin, TX; and Mr. James Goenner, Executive
Director, The Center for Charter Schools, Central Michigan
University, Mount Pleasant, MI.
On June 16, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Future of Learning: How
Technology is Transforming Public Schools.'' The purpose of the
hearing was to examine the federal government's role in
promoting the effective use of technology to improve public
education. Testifying before the committee were: Ms. Jennifer
Bergland, Chief Technology Officer, Bryan Independent School
District, Bryan, TX; Mr. Aneesh Chopra, Chief Technology
Officer, White House Office for Science and Technology,
Washington, DC; Dr. Wayne Hartschuh, Executive Director,
Delaware Center for Educational Technology, Delaware Department
of Education, Dover, DE; Mr. Scott Kinney, Vice President Of
Media And Technology, Discovery Education, Silver Spring, MD;
Mr. John McAuliffe, General Manager, Educate Online Learning,
Baltimore, MD.; Mr. Abel Alejandro Real, Student, East Carolina
University, Greenville, NC; and Ms. Lisa Short, Middle School
Teacher, Gaithersburg Middle School, Gaithersburg, MD.
On July 8, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a joint hearing with the subcommittee on Healthy
Families and Communities in Washington, DC, on ``Strengthening
School Safety through Prevention of Bullying.'' The purpose of
the hearing was to discuss how the federal government could
support anti-bullying efforts. Testifying before the
subcommittees were: Ms. Jacquelyn Andrews and Ms. Josie
Andrews, daughters of Rep. Rob Andrews (D-NJ); Ms. Rona C.
Kaufmann, Principal, William Penn Senior High School, York, PA;
Dr. Scott Poland, Coordinator, Office of Suicide and Violence
Prevention, Center for Psychological Studies, Nova Southeastern
University, Fort Lauderdale, FL; Mr. Steve Riach, Founder and
Chairman, Heart of a Champion Foundation, Colleyville, TX; Ms.
Cassady Tetsworth, Vice Chair, National SAVE Youth Advisory
Board, Greensboro, NC; Mr. Kenneth S. Trump, President and
Chief Executive Officer, National School Safety and Security
Services, Inc., Cleveland, OH; and Ms. Sirdeaner Walker, parent
of a bullied child, Springfield, MA.
On September 18, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, MI, on ``High School/
College Dual Enrollment Program.'' The purpose of the hearing
was to learn about dual enrollment programs. Testifying before
the subcommittee were: Mr. John Otis Brooks, Student, Mott
Community College, Flint, MI; Dr. Vahid Lotfi, Interim Provost
and Vice Chancellor, Academic Affairs, University of Michigan,
Flint, MI; Dr. M. Richard Shaink, President, Mott Community
College, Flint, MI; Mr. Stephen Skorcz, President and Chief
Executive Officer, Greater Flint Health Coalition, Flint, MI;
Dr. Thomas Svitkovich, Superintendent, Genesee Intermediate
School District, Flint, MI; and Dr. Michael Webb, Associate
Vice President, Early College High School Initiative, Jobs for
the Future, Boston, MA.
On September 30, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Teacher Equity:
Effective Teachers for All Children.'' The purpose of the
hearing was to examine how to ensure students are taught by
effective teachers. Testifying before the committee were: The
Honorable Chaka Fattah, U.S. House of Representatives, Second
District, Pennsylvania; The Honorable Tom Price, U.S. House of
Representatives, Sixth District, Georgia; Ms. Layla Avila, Vice
President, The New Teacher Project, Brooklyn, NY; Ms. Latanya
Daniels, Assistant Principal, Edison High School, Minneapolis,
MN; Dr. Frederick M. Hess, Director of Education Policy
Studies, American Enterprise Institute, Washington, DC; Dr.
Linda Murray, Executive Director, Education Trust--West,
Oakland, CA; Dr. Marguerite Roza, Research Associate Professor,
Center on Reinventing Public Education, University of
Washington, Seattle, WA; and Mr. Dennis Van Roekel, President,
National Education Association, Washington, DC.
On November 19, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Improving the
Literacy Skills of Children and Young Adults.'' The purpose of
the hearing was to examine strategies for improving literacy
skills among students. Testifying before the subcommittee were:
Mr. Larry Berger, Co-Founder and Chief Executive Officer,
Wireless Generation, Brooklyn, NY; Ms. Mary Kay Dore, District
Student Support Services Manager, Summit School District,
Frisco, CO; Dr. Leo Gomez, Professor, the University of Texas
Pan American, Officer, the National Association for Bilingual
Education, Edinburg, TX; Mr. Andres Henriquez, Program Officer,
Carnegie Corporation of New York, New York, NY; Dr. Sandra D.
Meyers, Education Associate, Delaware Department of Education,
Dover, DE; and Dr. Dorothy S. Strickland, Professor Emeritus,
Rutgers, the State University of New Jersey, Newark, NJ.
On December 8, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Improving Our
Competitiveness: Common Core Education Standards.'' The purpose
of the hearing was to take a closer look at the Common Core
State Standards Initiative and how coordinated efforts to
strengthen academic standards can enhance American
competitiveness. Testifying before the committee were: Ms.
Cathy Allen, Vice Chair, St. Mary's County Board of Education,
Leonardtown, MD; Mr. Douglas Kubach, President and Chief
Executive Officer, Pearson Assessment and Information,
Bloomington, MN; The Honorable Bill Ritter Jr., Governor, State
of Colorado, Denver, CO; and Mr. Gene Wilhoit, Executive
Director, Council of Chief State School Officers (CCSSO),
Washington, DC.
Second session
On February 24, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, DC, on ``H.R. 4330,
the All Students Achieving through Reform Act.'' The purpose of
this legislative hearing was to learn how charter school
providers maintain quality in charter schools, what student
populations charter schools serve, and the importance of
keeping charter schools autonomous. The hearing also focused on
H.R. 4430, which would create a new initiative under the
Charter School Program to provide funding for the expansion and
replication of charter schools. Testifying before the committee
were: Ms. Eva Moskowitz, Founder, Success Charter Network, New
York, NY; Ms. Robin J. Lake, Associate Director, Center on
Reinventing Public Education, Seattle, WA; Dr. Thomas Hehir,
Professor of Practice, Harvard Graduate School of Education,
Cambridge, MA; Mr. Greg Richmond, President and Chief Executive
Officer, National Association of Charter School Authorizers,
Chicago, IL; Ms. Eileen Ahern, Director, National Association
of State Directors of Special Education, Alexandria, VA; and
Dr. Caprice Young, President and Chief Executive Officer, KC
Distance Learning, Portland, OR.
On March 3, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Building a Stronger Economy:
Spurring Reform and Innovation in American Education.'' The
purpose of the hearing was to identify the administration's
priorities for education in the coming fiscal year. Testifying
before the committee was The Honorable Arne Duncan, Secretary,
U.S. Department of Education, Washington, DC.
On March 17, 2010, the Committee on Education and Labor
held a hearing in Washington, DC, on ``The Obama
Administration's Elementary and Secondary Education Act
Reauthorization.'' The purpose of the hearing was to discuss
the administration's blueprint for reauthorization of the
Elementary and Secondary Education Act. Testifying before the
committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, DC.
On March 18, 2010, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Elementary and
Secondary Education Act Reauthorization: Addressing the Needs
of Diverse Students.'' The purpose of the hearing was to
discuss the importance of, and the challenges states and school
districts face in, educating diverse student learners.
Testifying before the subcommittee were: Dr. Daniel Curry,
Superintendent, Lake Forest School District, Kent County, DE;
Dr. Jack Dale, Superintendent, Fairfax County Public Schools,
Fairfax, VA; Ms. Arelis E. Diaz, Assistant Superintendent of
Instruction, Godwin Heights Public Schools, Wyoming, MI; Dr.
David M. Gipp, President, United Tribes Technical College,
Bismarck, ND; Dr. Jacqui Farmer Kearns, Principal Investigator,
National Alternate Assessment Center, Lexington, KY; and Mr.
Michael Wotorson, Executive Director, Campaign for High School
Equity, Washington, DC.
On April 14, 2010, the Committee on Education and Labor
held a hearing in Washington, DC, on ``How Data Can Be Used to
Inform Educational Outcomes.'' The purpose of the hearing was
to examine possible methods for using data to inform and
improve test scores and other educational indicators.
Testifying before the committee were: Ms. Katie Hartley,
Teacher, Value Added Data Specialist, Miami East Junior High
School, Casstown, OH; Mr. Joe Kitchens, Superintendent, Western
Heights School District, Oklahoma City, OK; Mr. Joel R.
Reidenberg, Professor of Law and Founding Academic Director,
Center on Law and Information Policy, Fordham University School
of Law, New York, NY; and Mr. Richard J. Wenning, Associate
Commissioner, Colorado Department of Education, Denver, CO.
On April 15, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, DC, on ``Corporal Punishment in Schools and its
Effect on Academic Success.'' The purpose of the hearing was to
examine corporal punishment in schools and its effect on
academic performance. Testifying before the subcommittee were:
Ms. Jana Frieler, Principal, Overland High School, President-
elect, National Association of Secondary School Principals,
Aurora, CO; Mr. Wynell Gilbert, Teacher, Erwin High School,
Center Point, AL; Dr. Donald E. Greydanus, Professor of
Pediatrics & Human Development, Michigan State University
College of Human Medicine, Pediatrics Program Director,
Michigan State University/Kalamazoo Center for Medical Studies,
Kalamazoo, MI; and Ms. Linda Pee, parent of a student who
received corporal punishment, Hot Springs, AR.
On May 4, 2010, the Committee on Education and Labor held a
hearing in Washington, DC, on ``Supporting America's Educators:
The Importance of Quality Teachers and Leaders.'' The purpose
of the hearing was to look at the importance of quality
teachers and explore ways to support the best educators for the
nation's children. Testifying before the committee were: Ms.
Deborah Ball, Dean, School of Education, University of
Michigan, Ann Arbor, MI; Mr. Tony Bennett, Superintendent of
Public Instruction, Indiana Department of Education,
Indianapolis, IN; Dr. Jeanne M. Burns, Associate Commissioner,
Teacher and Leadership Initiatives, Louisiana Board of Regents,
Baton Rouge, LA; Mr. Jonathan A. Kaplan, President, Walden
University, Minneapolis, MN; Ms. Marie Parker-McElroy, Cluster-
based Instructional Coach, Fairfax County Public Schools,
Fairfax, VA; Dr. Pamela S. Salazar, Assistant Professor,
Department of Educational Leadership, University of Nevada, Las
Vegas, NV; Mr. Christopher J. Steinhauser, Superintendent of
Schools, Long Beach Unified School District, Long Beach, CA;
Ms. Monique Burns Thompson, President, Teach Plus, Boston, MA;
Ms. Randi Weingarten, President, American Federation of
Teachers, New York, NY; and Dr. Marcus A. Winters, Senior
Fellow, Manhattan Institute for Policy Research, New York, NY.
On May 19, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Research and Best Practices
on Successful School Turnaround.'' The purpose of the hearing
was to discuss school turnaround strategies that improve
struggling schools and protect the best interests of students.
Testifying before the committee were: Ms. Susan E. Bridges,
Principal, A.G. Richardson Elementary School, Culpeper, VA; Dr.
Thomas Butler, Superintendent of Schools, Ridgway Area School
District, Ridgway, PA; Ms. Jessica Johnson, Chief Program
Officer, Learning Point Associates, Naperville, IL; Dr. Daniel
King, Superintendent, Pharr-San Juan-Alamo Independent School
District, Pharr, TX; Mr. David Silver, Principal, Think College
Now, Oakland, CA; and Mr. John Simmons, President, Strategic
Learning Initiatives, Chicago, IL.
On May 20, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Impact of Concussions on
High School Athletes.'' The purpose of the hearing was to
discuss research conducted by the Government Accountability
Office into concussions among high school athletes. Testifying
before the committee were: Dr. Gerard A. Gioia, Director,
Division of Pediatric Neuropsychology, Children's National
Medical Center, Washington, DC; Dr. Linda Kohn, Director of
Health Care Issues, U.S. Government Accountability Office,
Washington, DC; Mr. Michael T. Monacelli, Director of Athletics
and Head Football Coach, Caledonia-Mumford Central School
District, Caledonia, NY; Ms. Michelle Pelton, former high
school athlete, Swansea, MA; and Mr. James Schmutz, Executive
Director, American Sport Education Program, Champaign, IL.
On June 24, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, DC, on ``Ensuring Student Cyber Safety.'' The
purpose of the hearing was to discuss strategies aimed at
developing both innovative and practical approaches to
identify, prevent, and curb the prevalence of cyberbullying.
Testifying before the subcommittee were: Mr. Parry Aftab, Esq.,
Executive Director, WiredSaftey.org, Wycoff, NJ; Mr. Dave
Finnegan, Chief Information and Logistics Bear, Build-A-Bear
Workshop, Inc., St. Louis, MO; Dr. Phillip C. McGraw,
syndicated daytime television talk show host and best-selling
author, Los Angeles, CA; Ms. Dominique Napolitano, Student, on
behalf of Girl Scouts of the USA, Suffolk County, NY; Ms.
Barbara-Jane ``BJ'' Paris, Member, National Association of
Secondary School Principals, Austin, TX; and Dr. Jorge C.
Srabstein, Medical Director, Clinic for Health Problems Related
to Bullying, Department of Psychiatry and Behavioral Sciences,
Children's National Medical Center, Washington, DC.
On September 13, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a field
hearing in Selden, NY, on ``The Impact of Concussions on High
School Athletes: The Local Perspective.'' The purpose of the
hearing was to gain a local perspective on student concussion
safety. Testifying before the subcommittee were: Mr. Richard C.
Caster, former NFL Football Player, Rockville Centre, NY; Mr.
Courtney Hall, former NFL Football Player, Cofounder, Hillcrest
Venture Partners, New York, NY; Mr. Craig LoNigro, Athletic
Trainer, Comsewogue High School, Port Jefferson Station, NY;
Ms. Caitlin Monaghan, former high school athlete, Garden City,
NJ; and Dr. Hayley C. Rintel Queller, Primary Care Sports
Medicine, Orthopedic Associates of Long Island, East Setauket,
NY.
On September 23, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, DC, on ``H.R. 6172,
the Protecting Student Athletes from Concussions Act.'' The
purpose of this legislative hearing was to look at the issue of
concussions among high school athletes and the effects of
traumatic brain injuries on a student's academic achievement.
Testifying before the committee were: Rev. Dr. Katherine E.
Brearley, parent of the late Owen Thomas, South Whitehall
Township, PA; Ms. Alison Conca-Cheng, Centennial High School,
Ellicott City, MD; Dr. Gerard A. Gioia, Ph.D., Chief, Division
of Pediatric Neuropsychology, and Director, Safe Concussion
Outcome, Recovery, and Education (SCORE) Program, Children's
National Medical Center, Washington, DC; Dr. Stanley Herring,
M.D., Clinical Professor, Departments of Rehabilitation
Medicine, Orthopedics and Sports Medicine, and Neurological
Surgery, University of Washington, Co-Medical Director, Seattle
Sports Concussion Program, Team Physician, Seattle Seahawks and
Seattle Mariners, and Member, National Football League's Head,
Neck and Spine Committee, Seattle, WA; and Mr. Sean Morey,
Executive Board Member, NFL Players Association, Toronto,
Ontario.
Legislative action--first session
On January 28, 2009, the House of Representatives passed
H.R. 1, the American Recovery and Reinvestment Act (ARRA),
introduced by Rep. David Obey (D-WI). H.R. 1 appropriated $14
billion for public school modernization, renovation, and
repair. On February 12, 2009, the House passed the Conference
Report to H.R. 1, which did not include dedicated funds for
public school modernization, renovation, and repair. However,
Title XIV of the bill, the State Fiscal Stabilization Fund,
included $48.6 billion for states and local educational
agencies, of which public school modernization, renovation, and
repair (including modernization, renovation, and repair that
complies with a recognized green building standard) is an
authorized use.
On April 30, 2009, Rep. Ben Chandler (D-KY), Rep. Robert
Andrews (D-NJ), Rep. Joe Courtney (D-CT), Rep. Raul Grijalva
(D-AZ), Rep. Phil Hare (D-IL), Rep. Mazie Hirono (D-HI), Rep.
Rush Holt (D-NJ), Rep. Dale Kildee (D-MI), Rep. David Loebsack
(D-IA), Rep. George Miller (D-CA), Rep. Pedro R. Pierluisi (D-
PR), Rep. Jared Polis (D-CO), Rep. Gregorio Kilili Camacho
Sablan (D-MP), Rep. John Tierney (D-MA), Rep. Paul Tonko (D-
NY), Rep. Lynn Woolsey (D-CA), and Rep. David Wu (D-OR)
introduced H.R. 2187, the 21st Century Green High-Performing
Public School Facilities Act. The bill would direct the
Secretary of Education to make grants to state educational
agencies for the modernization, renovation, or repair of public
school facilities.
On May 6, 2009, the Committee on Education and Labor
considered H.R. 2187, the 21st Century Green High-Performing
Public School Facilities Act, in legislative session and
ordered the bill reported favorably, as amended, to the House
of Representatives by a vote of 31-14.
The committee considered and adopted the following
amendments to H.R. 2187:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment was adopted by a
voice vote.
Rep. Jared Polis (D-CO) offered an amendment to
provide equitable resources to charter schools. The amendment
was adopted by a voice vote.
Rep. Joe Sestak (D-PA) offered an amendment to
clarify that improvements to ceilings and floors are authorized
uses of funds. The amendment was adopted by a voice vote.
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to require local educational agencies to conduct a
state-certified, independent third-party audit. The amendment
was adopted by a voice vote.
The committee further considered the following amendments
to H.R. 2187, which were not adopted:
Rep. Mike Castle (R-DE) offered an amendment to
require Congress to provide full funding for the Title I
program before providing funding for a new federal school
construction program. The amendment failed by a vote of 15-28.
Rep. John Kline (R-MN) offered an amendment to
require Congress to provide full funding for state grants for
the Individual with Disabilities Education Act before providing
funding for a new school construction program. The amendment
failed by a vote of 15-28.
The House of Representatives passed H.R. 2187 on May 14,
2009, by a vote of 275-155. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On May 6, 2009, Rep. Howard P. ``Buck'' McKeon (R-CA), Rep.
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep.
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep.
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R.
2274, the Priorities in Education Spending Act. The bill
repealed 70 ineffective elementary and secondary education
programs, including: William F. Goodling Even Start Family
Literacy Program; Improving Literacy Through School Libraries;
Close Up Fellowship; Comprehensive School Reform; School
Leadership; Advanced Certification or Advanced Credentialing;
National Writing Project; Teaching of Traditional American
History; Enhancing Education Through Technology; Ready to Learn
Television; Bilingual and Emergency Immigrant Education; Grants
to Reduce Alcohol Abuse; Mentoring Program; Elementary and
Secondary School Counseling; Smaller Learning Communities;
Reading is Fundamental; Star Schools Act; Ready to Teach;
Foreign Language Assistance Program; Carol M. White Physical
Education Program; Community Technology Centers; Educational,
Cultural, Apprenticeship, and Exchange Programs for Alaska
Natives, Native Hawaiians, and their Historical Whaling and
Trading Partners in Massachusetts; Mental Health Integration
and Foundations for Learning; Arts in Education; Healthy, High-
Performance Schools; Additional Assistance for Certain Local
Educational Agencies Impacted by Federal Property Acquisition;
Women's Educational Equity; Native Hawaiian Education; and
Alaska Native Education Equity.
On December 9, 2009, Rep. George Miller (D-CA) and Rep.
Cathy McMorris Rodgers (R-WA) introduced H.R. 4247, the
Preventing Harmful Restraint and Seclusion in Schools Act. The
bill would prevent and reduce the use of physical restraint and
seclusion techniques in public and private schools.
Second session
On February 4, 2010, the Committee on Education and Labor
considered H.R. 4247, the Preventing Harmful Restraint and
Seclusion in Schools Act, in legislative session and reported
the bill favorably, as amended, to the House of Representatives
by a vote of 34-10.
The committee considered and adopted the following
amendment to H.R. 4247:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment was adopted by a
voice vote.
The House of Representatives passed H.R. 4247 on March 3,
2010, by a vote of 262-153. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
112TH CONGRESS
Hearings--first session
On February 10, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education in
the Nation: Examining the Challenges and Opportunities Facing
America's Classrooms.'' The purpose of the hearing was to learn
what challenges states face in developing a high-quality
education system, explore innovative policies that are being
proposed and implemented at the state and local level, and
examine the federal investment in education and its limited
impact on student achievement. Testifying before the committee
were: Dr. Tony Bennett, Superintendent of Public Instruction,
Indiana Department of Education, Indianapolis, IN; Ms. Lisa
Graham Keegan, Founder, Education Breakthrough Network,
Phoenix, AZ; Mr. Andrew Coulson, Director, Center for
Educational Freedom, CATO Institute, Seattle, WA; and Mr. Ted
Mitchell, President and Chief Executive Officer, New Schools
Venture Fund, San Francisco, CA.
On March 1, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Regulations: Weighing the Burden on Schools and Students.'' The
purpose of the hearing was to examine the burden of federal,
state, and local regulations on the nation's education system
and to learn whether these time consuming and duplicative
requirements ultimately improve student achievement. Testifying
before the committee were: Mr. Gene Wilhoit, Executive
Director, Council of Chief State School Officers, Washington,
DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public
Schools, Ashburn, VA; Mr. Christopher B. Nelson, President, St.
John's College, Annapolis, MD; and Ms. Kati Haycock, President,
The Education Trust, Washington, DC.
On March 9, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on, ``The Budget
and Policy Proposals of the U.S. Department of Education.'' The
purpose of the hearing was to discuss the department's budget
request for Fiscal Year 2012. Testifying before the committee
was the Honorable Arne Duncan, Secretary, U.S. Department of
Education, Washington, DC.
On March 15, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education, held a hearing in Washington, DC, on
``Education Regulations: Burying Schools in Paperwork.'' The
purpose of the hearing was to hear from local officials
representing elementary and secondary schools about the
paperwork burden bureaucratic regulations impose on their
schools and school districts. Testifying before the
subcommittee were: Mr. Robert P. ``Bob'' Grimesey, Jr.,
Superintendent, Orange County Public Schools, Orange, VA; Mr.
James Willcox, Chief Executive Officer, Aspire Public Schools,
Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic
Policy Studies, Heritage Foundation, Washington, DC; and Mr.
Chuck Grable, Assistant Superintendent for Instruction,
Huntington County Community School Corporation, Huntington, IN.
On April 7, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on, ``Education
Reforms: Promoting Flexibility and Innovation.'' The purpose of
the hearing was to discuss the appropriate federal role in
elementary and secondary education and explore the work of
state and local education leaders who are pushing for
innovative approaches to education reform and greater state and
local flexibility. Testifying before the committee were: Dr.
Janet Barresi, State Superintendent of Public Instruction,
Oklahoma State Department of Education, Oklahoma City, OK; Dr.
Gary Amoroso, Superintendent, Lakeville Area Public Schools,
Lakeville, MN; Mr. Yohance Maqubela, Chief Operating Officer,
Howard University Middle School of Mathematics and Science,
Washington, DC; and Dr. Terry Grier, Superintendent, Houston
Independent School District, Houston, TX.
On June 1, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, DC, on
``Education Reforms: Exploring the Vital Role of Charter
Schools.'' The purpose of the hearing was to examine the
contributions of charter schools to state and local efforts to
improve public education and the importance of empowering
parents to choose the best school environment for their
children. Testifying before the subcommittee were: Ms. DeAnna
Rowe, Executive Director, Arizona State Board for Charter
Schools, Phoenix, AZ; Ms. Debbie Beyer, Executive Director,
Literacy First Charter Schools, El Cajon, CA; Dr. Gary Miron,
College of Education, Western Michigan University, Kalamazoo,
MI; and Dr. Beth Purvis, Executive Director, Chicago
International Charter School, Chicago, IL.
On July 27, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Reforms: Exploring Teacher Quality Initiatives.'' The purpose
of the hearing was to highlight state and local efforts to
improve teacher quality and examine select teacher reform
issues that could be addressed as part of the committee's
ongoing effort to reauthorize the Elementary and Secondary
Education Act. Testifying before the committee were: Mr. Kevin
S. Huffman, Commissioner, Tennessee Department of Education,
Nashville, TN; Mr. Tom Boasberg, Superintendent, Denver Public
Schools, Denver, CO; Ms. Kate Walsh, President, National
Council on Teacher Quality, Washington, DC; and Mr. David
Cicarella, President, New Haven Federation of Teachers, New
Haven, CT.
On September 14, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Reforms: Examining the Federal Role in Public School
Accountability.'' The purpose of the hearing was to examine the
role of the federal government in holding public schools
accountable for student achievement. Testifying before the
committee were: Ms. Hanna Skandera, Secretary-Designate of
Education, New Mexico Department of Public Education, Santa Fe,
NM; Dr. Amy Sichel, Superintendent of Schools, Abington School
District, Abington, PA; Ms. Blaine Hawley, Principal, Red Pump
Elementary School, Bel Air, MD; and Mr. Alberto M. Carvalho,
Superintendent of Schools, Miami-Dade County Public Schools,
Miami, FL.
On September 21, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Education
Reforms: Ensuring the Education System is Accountable to
Parents and Communities.'' The purpose of the hearing was to
examine the role of the federal government in holding public
schools accountable for student achievement. Testifying before
the subcommittee were: Dr. Jay P. Greene, Professor, University
of Arkansas, Fayetteville, AR; Dr. Benny L. Gooden,
Superintendent of Schools, Fort Smith Public Schools, Fort
Smith, AR; Mr. Bill Jackson, Founder and Chief Executive
Officer, GreatSchools, San Francisco, CA; and Ms. Laura W.
Kaloi, Public Policy Director, National Center for Learning
Disabilities, Oak Hill, VA.
On November 16, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Education
Research: Identifying Effective Programs to Support Students
and Teachers.'' The purpose of the hearing was to examine the
federal role in supporting education research and evaluation,
the role of the private and non-profit sector in supporting
education research, and how states, school districts, and other
practitioners use data gleaned from research to improve student
achievement. Testifying before the subcommittee were: Dr.
Grover J. ``Russ'' Whitehurst, Senior Fellow and Director of
the Brown Center on Education Policy, Brookings Institution,
Washington, DC; Dr. Caroline M. Hoxby, Scott and Donya Bommer
Professor of Economics, Stanford University, Stanford, CA; Dr.
Eric Smith, former Florida Commissioner of Education,
Annapolis, MD; and Mr. Steve Fleischman, Director, Regional
Educational Laboratory (REL) Northwest, Portland, OR.
Second session
On Thursday, February 16, 2012, the Committee on Education
and the Workforce held a legislative hearing in Washington, DC,
on ``H.R. 3989, the Student Success Act and H.R. 3990, the
Encouraging Innovation and Effective Teachers Act.'' The
purpose of this legislative hearing was to hear testimony on
the committee's two remaining bills to complete work on
reauthorization of the Elementary and Secondary Education Act.
Testifying before the committee were: Mr. Tom Luna,
Superintendent of Public Instruction, Idaho Department of
Education, Boise, ID; Ms. Delia Pompa, Senior Vice President of
Programs, National Council of La Raza, Washington, DC; The
Honorable Bob Schaffer, Chairman, Colorado State Board of
Education, Fort Collins, CO; Dr. Robert Balfanz, Co-Director,
Everyone Graduates Center, School of Education, Johns Hopkins
University, Baltimore, MD; Ms. Felicia Kazmier, Art Teacher,
Otero Elementary School, Colorado Springs, CO; and Mr. Jimmy
Cunningham, Superintendent of Schools, Hampton School District,
Hampton, AR.
Legislative action--first session
On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced
H.R. 1891, the Setting New Priorities in Education Spending
Act. The bill repeals the authorizations of 41 wasteful
elementary and secondary education programs, reducing the
number of federal Elementary and Secondary Education Act
programs by half.
On May 25, 2011, the Committee on Education and the
Workforce considered H.R. 1891 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendments to H.R. 1891:
Rep. Duncan Hunter (R-CA) offered an amendment in
the nature of a substitute to make technical corrections to the
legislation. The amendment was adopted by a voice vote.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for the Parent Information and
Resource Center (PIRC) program. The amendment was adopted by a
vote of 20-19.
The committee further considered the following amendments
to H.R. 1891, which were not adopted:
Rep. Dale Kildee (D-MI) offered an amendment to
amend Reading First to provide literacy services in Pre-K
through 12. The amendment failed by a vote of 16-23.
Rep. Rush Holt (D-NJ) offered an amendment to
amend the Fund for Improvement of Education to support foreign
language education and other activities. The amendment failed
by a vote of 16-23.
Rep. Dave Loebsack (D-IA) offered an amendment to
amend Safe and Drug Free Schools to provide essential support
services for students. The amendment failed by a vote of 16-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered an
amendment to amend Title V, Part A (Innovative Programs) to
provide services for drop-out prevention. The amendment failed
by a vote of 16-23.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for Even Start. The amendment
failed by a vote of 16-23.
Rep. Mazie Hirono (D-HI) offered an amendment to
restore Native Hawaiian Education and Alaska Native programs.
The amendment failed by a vote of 16-23.
On June 16, 2011, Rep. Duncan Hunter (R-CA) and Rep. John
Kline (R-MN) introduced H.R. 2218, the Empowering Parents
through Quality Charter Schools Act. The bill reauthorizes and
improves the existing charter school provisions under the
Elementary and Secondary Education Act.
On June 22, 2011, the Committee on Education and the
Workforce considered H.R. 2218 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a bipartisan vote of 34-5. The committee
considered and adopted one amendment to the bill, an amendment
in the nature of a substitute offered by Rep. Duncan Hunter (R-
CA). The amendment was adopted by voice vote.
The House of Representatives passed H.R. 2218 on September
13, 2011, by a bipartisan vote of 365-54. The bill was sent to
the Senate and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On July 7, 2011, Rep. John Kline (R-MN), Rep. Lou Barletta
(R-PA), Rep. Larry Bucshon (R-IN), Rep. Scott DesJarlais (R-
TN), Rep. Bob Goodlatte (R-VA), Rep. Richard Hanna (R-NY), Rep.
Joseph Heck (R-NV), Rep. Duncan Hunter (R-CA), Rep. Mike Kelly
(R-PA), Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. Kristi Noem
(R-SD), Rep. David P. Roe (R-TN), and Rep. Glenn Thompson (R-
PA) introduced H.R. 2445, the State and Local Funding
Flexibility Act. This bill strikes the State and Local
Educational Agencies Funding Transferability program under the
Elementary and Secondary Education Act and replaces it with a
more flexible program allowing for greater use of federal
education funds.
On July 13, 2011, the Committee on Education and the
Workforce considered H.R. 2445 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a vote of 23-17.
The committee considered and adopted the following
amendment to H.R. 2445:
Rep. Glenn Thompson (R-PA) offered an amendment in
the nature of a substitute to make technical corrections to the
legislation. It also reiterated that states and school
districts must comply with all civil rights requirements and
school funding allocation requirements. The amendment was
adopted by a voice vote.
The committee further considered the following amendments
to H.R. 2445, which were not adopted:
Rep. George Miller (D-CA) offered an amendment to
prohibit local educational agencies from using funds allocated
for Title I, Part A, for any other purpose. The amendment
failed by a vote of 17-23.
Rep. Raul Grijalva (D-AZ) offered an amendment to
prohibit state and local educational agencies from using funds
allocated for English Language Acquisition, Language
Enhancement, and Academic Achievement for any other purpose.
The amendment failed by a vote of 17-23.
Rep. Ruben Hinojosa (D-TX) offered an amendment to
prohibit state and local educational agencies from using funds
allocated for the Education of Migratory Children for any other
purpose. The amendment failed by a vote of 17-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered an
amendment to prohibit state and local educational agencies from
using funds allocated for the Education of Neglected,
Delinquent, or At-Risk Children for any other purpose. The
amendment failed by a vote of 17-23.
Rep. Dale Kildee (D-MI) offered an amendment to
prohibit local educational agencies from using funds allocated
for Indian Education for any other purpose. The amendment
failed by a vote of 17-23.
Rep. Rush Holt (D-NJ) offered an amendment to add
reporting requirements on state and local educational agencies
on how funds are used. The amendment failed by a vote of 17-23.
Second session
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. Roe (R-TN), Rep. Glenn
Thompson (R-PA), and Rep. Joe Wilson (R-SC) introduced H.R.
3989, the Student Success Act. H.R. 3989 is co-sponsored by
Rep. Mike Kelly (R-PA) and Rep. Austin Scott (R-GA). The bill
eliminates onerous federal ``Adequate Yearly Progress,''
``Highly Qualified Teacher,'' and ``Maintenance of Effort''
requirements, and provides states and school districts with
increased flexibility and control to boost student achievement.
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. Roe (R-TN), and Rep. Joe
Wilson (R-SC) introduced H.R. 3990, the Encouraging Innovation
and Effective Teachers Act. H.R. 3990 is co-sponsored by Rep.
Mike Kelly (R-PA). The bill consolidates more than 70 existing
elementary and secondary education programs into a new Local
Academic Flexible Grant, requires locally developed and
implemented teacher evaluations, and supports opportunities for
parents to enroll their children in local magnet schools and
charter schools.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R 3989 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendments to H.R. 3989:
Rep. John Kline (R-MN) offered an amendment in the
nature of a substitute. The amendment was adopted by a voice
vote.
Rep. Todd Rokita (R-IN) offered an amendment to
require the Secretary of Education to eliminate the full time
equivalent employee positions associated with the eliminated
and consolidated programs under the bill. The amendment was
adopted by a vote of 23-16.
The committee further considered the following amendments
to H.R. 3989, which were not adopted:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment failed by a vote of
16-23.
Rep. Glenn Thompson (R-PA) offered an amendment to
alter the Title I formula to provide greater weight to the
percentage of a district's students in poverty. The amendment
failed by a vote of 16-22, with one member voting ``present.''
Rep. Joseph Heck (R-NV) offered a secondary
amendment to the Thompson amendment to hold harmless existing
grantees. The amendment was withdrawn.
Rep. Todd Rokita (R-IN) offered an amendment to
allow states to opt out of the Elementary and Secondary
Education Act and receive a tax credit for their citizens in
lieu of federal education funds. The amendment was withdrawn.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R. 3990 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendment to H.R. 3990:
Rep. John Kline (R-MN) offered an amendment in the
nature of a substitute. The amendment was adopted by a voice
vote.
The committee further considered the following amendments
to H.R. 3990, which were not adopted:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment failed by a vote of
16-23.
Rep. Judy Biggert (R-IL) offered an amendment to
remove mandates on teacher evaluations. The amendment was
withdrawn.
Summary
H.R. 3990, the Encouraging Innovation and Effective
Teachers Act, offers a new way forward for education reform by:
Supporting local efforts to measure teacher
effectiveness.
Engaging parents in their child's education.
Increasing state and local innovation to reform
public education.
Eliminating unnecessary and ineffective federal
programs.
Supporting Impact Aid.
Providing services for homeless students.
Strengthening the Troops-to-Teachers program.
Supporting local efforts to measure teacher effectiveness
The Encouraging Innovation and Effective Teachers Act
builds on the repeal of the ``highly qualified teacher (HQT)''
requirement in the Student Success Act. Parents know the best
teachers are those who keep students motivated and challenged
in the classroom. Instead of relying on teacher credentials or
tenure requirements, which provide little information about
teachers' ability to help students excel in the classroom,
states and school districts should have the tools to measure an
educator's influence on student achievement.
Teacher Evaluations: The bill rewrites the main
teacher quality program authorized under Title II of current
law to support the development and implementation of state and
locally driven teacher evaluation systems. The bill sets five
broad parameters that must be included in any teacher
evaluation system. This gives greater flexibility to school
districts or states to develop teacher evaluation systems that
best meet the specific needs of their teachers and students.
The evaluation systems must:
Make student achievement data, derived from a
variety of sources, a significant part of the
evaluation.
Use multiple measures of evaluation in assessing
teacher performance.
Have more than two rating categories for the
performance of teachers.
Make personnel decisions based on the evaluations,
as determined by the school district.
Seek input from parents, teachers, school leaders,
and other staff in the school in developing the
evaluation system.
Uses of Funds: The bill allows states that have
already developed statewide teacher evaluation systems to use
teacher quality funds to work with their school districts to
implement the system. Funds may also be used to train school
leaders in how to evaluate teachers under the system; provide
evidence-based, job-embedded, and continuous professional
development for teachers and school leaders focused on core
academic subjects or specific student populations; and provide
additional support to teachers identified as in need of
additional assistance. States and school districts can also use
teacher funds for class size reduction, but the bill caps this
use at 10 percent. A substantial amount of teacher quality
funds under current law are used to reduce class size, which
has little to no effect on student learning.
Teacher and School Leader Innovation: The bill
consolidates the remaining teacher quality programs, including
the Teacher Quality Partnership Grant program authorized under
the Higher Education Act, into a new Teacher and School Leader
Flexible Grant. The program awards grants to states and school
districts to increase student achievement through evidence-
based innovative initiatives. School districts, solely or in
partnership with institutions of higher education and other
entities, can receive funding to:
Increase access to or develop alternative
certification or licensure routes.
Recruit, hire, and retain effective teachers.
Implement performance-based pay systems and
differential incentive pay.
Create teacher advancement and multiple career
paths.
Establish new teacher or school leader induction
programs and teacher residency programs.
Provide additional professional development
activities or other evidence-based initiatives likely
to increase teacher effectiveness.
Teacher and School Leader Academies: The bill
includes an optional state set-aside of up to 3 percent so
states can award grants to eligible entities for the
establishment or expansion of teacher or school leader
preparation academies.
Teacher Liability: The bill maintains liability
protections included in current law that protect school
employees (including teachers, administrators, and school board
members) acting to control, discipline, expel, or suspend a
student or to maintain order in the classroom or school through
reasonable actions.
Engaging parents in their child's education
The Encouraging Innovation and Effective Teachers Act
builds on the successful passage of H.R. 2218, the Empowering
Parents through Quality Charter Schools Act, which supports the
replication and expansion of high quality charter schools. The
bill maintains and strengthens the existing Magnet School and
Parent Information and Resource Center programs, which provide
states, school districts, and other entities with federal
support so parents can identify quality options and participate
in their children's education. The legislation moves these
programs from the current Title V to a new Title III.
Magnet Schools: The bill continues to provide
funds to support the development and implementation of
innovative education methods and practices that promote
diversity and increase choices in public education. The
legislation makes minor changes to improve the operation of the
program.
Family Engagement Centers: The bill renames and
makes improvements to the existing Parental Information and
Resource Centers (PIRC) program, which helps implement family
engagement policies, programs, and activities that lead to
improvements in student academic achievement. It also
strengthens partnerships among parents, teachers, school
leaders, administrators, and other school personnel designed to
meet the educational needs of children. The legislation
promotes the better sharing of effective strategies and
increases coordination between states, family engagement
centers, and parents.
Increasing state and local innovation to reform public education
State and Local Innovation: The bill creates a new
Local Academic Flexible Grant to provide funds to states and
school districts to support initiatives based on their unique
priorities. While ensuring the funds are spent to increase
student achievement as part of in-school or after-school
activities, states and school districts will have maximum
flexibility to spend their resources on activities authorized
under state law. Instead of Washington bureaucrats making the
decisions for superintendents, school leaders, and teachers,
local officials will be able to make funding decisions based on
what they know will help improve student learning.
Private Sector Initiatives: Under the Local
Academic Flexible Grant, states will reserve 10 percent of
their funds to support state and local programs that operate
outside of traditional public school systems. This infusion of
private sector innovation will support states and districts in
improving student achievement.
Eliminating unnecessary and ineffective federal programs
Streamlining Education Spending: Consistent with
H.R. 1891, the Setting New Priorities in Education Spending
Act, the bill eliminates more than 70 existing elementary and
secondary education programs, many of which have never been
funded, are too small to meaningfully impact student
achievement, or have been deemed ineffective by the federal
government. This will restore fiscal discipline and promote a
more appropriate federal role in education.
Earmarks: The bill eliminates all of the current
programs and special provisions targeted to specific national
organizations to comply with the House earmark ban.
Supporting Impact Aid
The Encouraging Innovation and Effective Teachers Act
strengthens the five existing Impact Aid programs, which
provide direct funding to school districts impacted by the
presence of the federal government. The programs reimburse
districts located near, or serving students from, military
bases, federal lands, and Indian reservations for the loss of
property taxes. The legislation moves the programs from Title
VIII of current law to a new Title IV.
Payments for Federal Property: The bill updates
the formula by which school district allotments are determined
for a district with federal property located within its
boundaries that cannot be taxed. The legislation enables
alternative verification of tax data for districts that cannot
provide original tax records, including facsimiles or other
reproductions of the records. It also establishes an initial
payment for districts eligible for federal property
compensation based on 90 percent of the 2006 applications.
Payments for Federally Connected Children: The
bill streamlines provisions for Heavily Impacted school
districts, which are districts with high percentages of
military, Native American, or other federally connected
children. The legislation standardizes eligibility criteria for
these districts at 45 percent enrollment of federally connected
children, bases per pupil expenditure eligibility requirements
on state average expenditures rather than national average
expenditures, and maintains the tax rate requirement for
eligible districts of at least 95 percent of the average tax
rate for general fund purposes of comparable districts in the
state. The bill also allows federally connected children to be
counted in enrollment numbers in the case of open enrollment
policies in a state, but does not allow children to be counted
if they are enrolled in a distance education program located
outside the boundaries of the district. The bill also provides
equal prorated payments greater than 100 percent of Learning
Opportunity Threshold for eligible districts. The bill extends
from three to four years the timeline for which a district may
count children relocated to off-base housing due to authorized
Department of Defense housing renovations and demolitions.
Timely Payments: The bill requires the Secretary
to provide Impact Aid payments within three years. This
addresses long-standing school district concerns regarding the
lack of on-time payments from the Department of Education.
Providing services for homeless students
The Encouraging Innovation and Effective Teachers Act
reauthorizes the McKinney-Vento Homeless Assistance Act, the
primary federal law that provides funding to states and school
districts to educate homeless children and youth.
Improved Collaboration: The bill places a greater
emphasis on improved identification of homeless children and
youth, and provides better collaboration and information
sharing among federal and state agencies to provide services
for homeless students.
School Stability: The legislation strengthens
provisions in current law to provide greater school stability
and protections for homeless youth and parents.
Strengthening the troops-to-teachers program
Transfer to DOD: The bill transfers Troops-to-
Teachers, a longstanding program that provides opportunities to
military personnel to transition into the teaching profession,
to the Department of Defense, where it is currently
administered.
Committee Views
INTRODUCTION
In 1965, Congress passed the Elementary and Secondary
Education Act (ESEA) with the limited goal of providing states
and local school districts additional resources to ensure
disadvantaged students have access to a quality education.
Since that time, the number of federal programs, each with its
own eligibility and reporting requirements, have grown
exponentially, providing states and school districts with
little flexibility in how they can use federal funds to meet
their own unique needs. The latest iteration of federal
elementary and secondary education law, the No Child Left
Behind Act passed in 2001, includes more than 80 K-12 programs.
Many of these federal education programs overlap and have
little impact on student achievement. Other programs, created
decades ago, are outdated and do not reflect current practices
or priorities from the local, state, or federal level.
The Committee on Education and the Workforce seeks to
streamline the maze of federal funding streams, provide
flexibility in the use of federal funds, and allow states and
school districts to fund important and innovative practices and
programs that improve student achievement. The committee is
also dedicated to rethinking federal teacher policy, which
emphasizes credentials and tenure over an educator's ability to
effectively motivate students and improve achievement levels.
States and school districts should be able to identify,
recruit, and retain the teachers who have the most talent for
improving student achievement. H.R. 3990, the Encouraging
Innovation and Effective Teachers Act, will grant states and
school districts the freedom to innovate, support effective
teachers in the classroom, increase parental choice, reduce
burdensome federal mandates, and protect limited taxpayer
dollars.
Teacher preparation and effectiveness
Title I of the Encouraging Innovation and Effective
Teachers Act restructures and amends Title II of current law,
and addresses the following major issues:
Supporting Effective Instruction
H.R. 3990 rewrites the existing Teacher and Principal
Training and Recruiting Fund included in Part A of Title II to
support the development and implementation of teacher
evaluation systems, refocusing federal teacher policy on
teacher effectiveness in the classroom. The bill builds on the
repeal of the ``highly qualified teacher'' requirement in H.R.
3989, the Student Success Act. Instead of relying on teacher
credentials or tenure requirements, which provide little
information about a teacher's ability to help students excel in
the classroom, the legislation creates a new Supporting
Effective Instruction program that encourages states and school
districts to measure an educator's success in increasing
student achievement. Contrary to the teacher evaluation
provisions in the Department of Education's Race to the Top
plan or waiver package (which mandate specific and onerous
requirements school districts must follow), H.R. 3990 sets five
broad parameters that must be included in any teacher
evaluation system:
Student achievement data, derived from a variety
of sources, must be a significant part of the evaluation, with
the weight given to such data defined by the local school
district.
States and/or school districts must use multiple
measures when assessing teacher performance.
There must be more than two rating categories for
the performance of teachers.
Personnel decisions must be based on the
evaluations, as determined by the school district.
States and/or school districts must seek input
from parents, teachers, school leaders, and other staff in the
school in developing the evaluation system.
The bill establishes these general, yet important,
guidelines around the evaluation components, but leaves the
details of the system up to local school districts. The
committee takes this approach for two reasons. First, even
though a number of states and school districts are taking
proactive steps to redesign their teacher evaluation systems,
independent research about the best metrics for measuring
teacher performance remains in its infancy. There is consensus
at the federal, state, and local levels that many current
teacher evaluation systems fail to properly measure teacher
effectiveness and should be retooled to include measurements of
student achievement. However, school districts need the
flexibility to determine and define the actual metrics that
meet the specific needs of their teachers and students,
especially those educators who teach non-tested subjects. The
committee believes school districts, and states choosing to
implement statewide systems, should include student achievement
metrics from a number of sources in their teacher evaluations.
These options include end-of-course exams, student coursework,
formative assessments, and other objective measurements of
student achievement that cannot be easily manipulated.
Second, past practice of dictating specific and
prescriptive requirements at the federal level, such as
defining what constitutes a highly qualified teacher and
mandating that only educators who meet these standards can
teach in the classroom, has been a dismal failure. The federal
government plays an important, though limited, role in
education policy decisions. Federal policy should include broad
parameters and goals for success to ensure taxpayer dollars are
spent effectively and efficiently. But federal law must allow
local school districts to determine how best to get there, and
refrain from imposing overly prescriptive requirements that
restrict innovation and undermine local control.
To this end, the committee believes there must be buy-in
from education stakeholders, including teachers, school
leaders, and parents, for any teacher evaluation system to be
effective. During the February 16, 2012 legislative hearing
entitled, ``H.R. 3989, `Student Success Act' and H.R. 3990,
`Encouraging Innovation and Effective Teachers Act,''' Felicia
Kazmier, an art teacher at Otero Elementary School in Colorado
Springs, CO outlined the reasoning behind this approach. She
stated:
``I believe that what makes our District's system work is
that all teachers have been given the opportunity to help in
creating our evaluation system. While I am not a [core
subjects] classroom teacher, as an Art teacher, I teach the
entire school. So when it came time to have a say into what my
evaluation process would look like, I chose the leadership role
and stepped up to the challenge . . . How can I take issue with
a system that I myself have been asked to help create?''
As noted above, the committee also believes teacher
evaluation systems should be tied to personnel decisions as
part of a comprehensive effort to identify, support, and reward
teachers. For example, the systems should be used to make
personnel decisions involving educator recruitment, hiring,
placement, retention, compensation, professional development,
tenure, promotion, and dismissal. At a July 27, 2011 hearing
entitled, ``Education Reforms: Exploring Teacher Quality
Initiatives,'' Kevin Huffman, Tennessee Commissioner of
Education, talked about the importance of looking at teacher
evaluation systems as a means for ongoing feedback and not a
simple end-of-the-year assessment of teacher performance. He
stated:
``Because the national conversation has often focused
primarily on evaluation as a means for removal of ineffective
teachers, we too often lose sight of the way the vast majority
of teachers will experience the evaluation system: as a means
for feedback and professional development, and an opportunity
to learn from the very best teachers.''
At the same time, to be meaningful, teacher evaluation
systems should be used to reward good teachers and remove
ineffective teachers from the classroom. Too often, misguided
``last in, first out'' tenure rules are valued over student
outcomes. Instead of receiving bonuses, promotions, or the
opportunity to become master teachers, in many states and
districts the newest teachers are automatically let go, even if
they are the most effective teachers. School districts should
have the flexibility to decide how this parameter is
implemented.
Overall, as was evident in various hearings the committee
held in the 112th Congress, states and school districts are
advancing the important work of developing and implementing
teacher evaluation systems. In the previously mentioned
legislative hearing on February 16, 2012, Ms. Kazmier sums up
the importance of the direction H.R. 3990 takes with respect to
teacher evaluations, stating:
``I am a supporter of the Encouraging Innovation and
Effective Teachers Act and the direction that the Act is going
because it requires districts to design teacher evaluation
systems around broad parameters while giving the districts the
flexibility they need to create a system that works for their
needs and the needs of their students and staff.
When districts make student achievement data a significant
part of their teacher evaluation process, they help teachers to
better understand the power of and utilize the information
gleaned from data itself. When districts use multiple measures
of evaluation in assessing teacher performance, teachers are
responsible for two things, their effectiveness in the
classroom and the results their students produce. When
districts have more than two rating categories for the
performance of teachers, it gives the teachers a way to not
only increase their effectiveness, but also the effectiveness
of those around them. If teachers believe that they can move up
the scale through improving the quality of their performance in
the classroom, achievement scores will improve as well. When
districts make personnel decisions based on evaluations, they
are doing so to ensure that students receive the best teaching
possible provided by the most effective teacher available. In
our district, if you are a Proficient II teacher or above, you
can be asked to change schools so as to provide effective
instruction where it is most needed. When districts seek input
from parents, teachers, school leaders, and other staff in the
school in the development of the evaluation system, everyone
has a stake in the outcome.''
Because H.R. 3990 requires all states and school districts,
regardless of their poverty levels, to implement teacher
evaluation systems, the legislation revises the current
formula, basing 50 percent of available funds on total student
population and 50 percent on students in poverty. The committee
believes that all schools and districts should hold their
students and teachers to high standards, and that federal
formula funds should reflect this high expectation without
bias.
Under H.R. 3990, Part A funds can also be used for other
activities. States that have statewide teacher evaluation
systems in place can use funds to work with their school
districts to implement the system. Funds may also be used to
train school leaders in how to evaluate teachers under the
evaluation system; provide evidence-based, job-embedded, and
continuous professional development for teachers and schools
leaders focused on subject-based academic courses (including
civics, geography, literacy, and STEM), specific student
populations, or student needs, including the social and
emotional development needs of all students; provide support to
teachers identified by the evaluation system as in need of
additional assistance; and support any other initiatives that
will assist teachers and school leaders in increasing student
achievement.
Class size reduction
H.R. 3990 caps the use of funds from the Supporting
Effective Instruction program for class size reduction at 10
percent. The committee notes that a substantial amount of
teacher quality funds under current law are used for this
purpose, which has little to no effect on student learning. At
a July 27, 2011 hearing entitled, ``Education Reforms:
Exploring Teacher Quality Initiatives,'' Kate Walsh, President
of the National Council on Teacher Quality, discusses the
problems with current law, stating:
``The class size reduction and professional development
programs that consumed the bulk of ESEA Title II funds in the
past largely continued under NCLB. For 2009-2010, the U.S.
Department of Education reported that the majority of the funds
were used for professional development activities (42 percent)
and to reduce class size (36 percent) Given that research shows
general reductions in class size are expensive with little or
no systemic relationship to improvements in student achievement
and typical professional development programs are poorly
designed, it is not surprising that Title II has been largely
ineffective at generating the kinds of teacher reforms most
likely to make a difference to student achievement. Title II
will continue to consume precious federal funds unless Congress
sets stronger and clearer priorities.''
The Encouraging Innovation and Effective Teachers Act pares
down the uses of funds provided for teachers and school leaders
and focuses them on specific initiatives that will ultimately
increase student achievement.
Teacher and School Leader Flexible Grant
H.R. 3990 consolidates the remaining teacher quality
programs, including the Title II, Part B programs and the
Teacher Quality Partnership Grant program authorized under the
Higher Education Act, into a new Teacher and School Leader
Flexible Grant. Under the new construct, states are provided
funds to award grants to eligible entities, including school
districts, for-profit organizations, non-profit organizations,
institutions of higher education, or a consortium of such
entities, to pursue evidence-based innovative initiatives
focused on teachers and school leaders. If an eligible entity
other than a local educational agency is awarded a grant, the
entity must partner with a school district to ensure funds are
being used to support increased student achievement.
The committee believes a single consolidated program that
provides greater flexibility to states, school districts, and
other eligible entities in the use of federal teacher quality
activities is preferable to the existing system of small
programs that cater to certain constituencies and have very
limited impact on classroom instruction. For example, a 2011
Government Accountability Office (GAO) report entitled,
``Opportunities to Reduce Potential Duplication in Federal
Teacher Quality Programs,'' revealed more than 80 distinct
federal programs designed to help improve teacher quality. Not
only does this jumble of programs add to the confusion and red
tape already facing educators, it is also a costly burden for
taxpayers. According to GAO Comptroller General Gene Dodaro,
the federal government spent more than $4 billion on these
programs in fiscal year 2009, yet little is known about whether
they are actually successful.
The Teacher and School Leader Flexible Grant program
retains many of the same uses of funds for the consolidated
programs. For example, states and eligible entities can support
creative approaches to:
Increase access to or develop alternative
certification, recertification, or licensure routes.
Reform tenure systems.
Recruit, hire, and retain effective teachers,
including individuals from science, technology, engineering,
and mathematics fields.
Implement performance-based pay systems and
differential incentive pay.
Create teacher advancement initiatives and
multiple career pathways.
Establish new teacher or school leader induction
or mentoring programs and teacher residency programs.
Provide additional professional development
activities or other evidence-based initiatives likely to
increase teacher effectiveness.
Implement other activities the eligible entity
chooses to increase student achievement.
The legislation also provides flexibility to eligible
entities to fund initiatives that have evidence of working
within particular schools. It engages the private sector,
including the for- and non-profit communities, to partner with
school districts to drive improvements and innovation in the
teaching profession. The committee anticipates organizations
with a track record of success, such as Teach for America and
the National Writing Project, will partner effectively with
states and school districts to improve the teaching profession
and student achievement.
Teacher preparation academies
H.R. 3990 contains an optional 3 percent set-aside within
the Teacher and School Leader Flexible Grant that states can
use to create and fund teacher and school leader preparation
academies. These funds allow for a state-based approach to
creating a competitive market for teacher and school leader
training. States taking advantage of this new funding source
can use funds to reform educator preparation practices and free
academies from satisfying antiquated, input-based requirements.
States will be required to ensure candidates recruited for the
academies will be high-achieving, receive clinical training in
the classroom from an accomplished mentor, and complete the
academy only after they demonstrate they are an effective
educator. The program's emphasis on flexibility, combined with
accountability, will enable these academies to innovate and
transform the practice of teacher and school leader training.
Teacher liability protections
H.R. 3990 maintains liability protections included in
current law that protect school employees (including teachers,
administrators, and school board members) when acting to
control, discipline, expel, or suspend a student, or maintain
order in the classroom or school through reasonable actions.
The committee believes educators must be protected when acting
to maintain a safe school environment for all students.
Parents' right to know and teacher privacy
H.R. 3990 maintains the ``parents' right to know''
provision in current law that allows parents to request the
professional qualifications of their children's teachers and
receive it in a timely manner. Though the Encouraging
Innovation and Effective Teachers Act supports the development
of teacher evaluations with results used to make personnel
decisions, the committee believes state and local leaders
should decide whether and how the results of teacher
evaluations are made public or shared with parents. The bill
protects the privacy of individual teachers when the numbers
and percentages of teachers in each teacher evaluation category
are reported.
Parental engagement
Title II of H.R. 3990 rewrites Title III, Part A of current
law to support parental engagement and provide educational
options for parents beyond traditional public schools. The
legislation incorporates the provisions of H.R. 2218, the
Empowering Parents through Quality Charter Schools Act, which
reauthorizes the Charter School Program and passed the House of
Representatives in September 2011 with strong bipartisan
support. Charter schools offer important choices for parents
whose students want an alternative to traditional public
schools. By agreeing to increased accountability to states,
charter authorizers, and parents, charter schools operate with
more flexibility and are able to provide varied education
models in which students may learn more effectively. The bill
also reauthorizes the Magnet School Program with minimal
changes. Through more rigorous programs, which focus on
improving diversity, the Magnet School Program offers students
a unique opportunity to attend a school with a rigorous
curriculum.
The Encouraging Innovation and Effective Teachers Act also
authorizes Statewide Family Engagement Centers as a replacement
for the existing Parental Information Resource Centers. This
revised program is intended to help strengthen family
engagement through assistance to states, school districts,
teachers, and families. The changes to the program will
strengthen outcomes and continue critical direct services to
families to help them support their children's education, while
sharing best practices with schools. This will ensure states
and school districts are equipped with the proper tools to
partner with parents to increase student learning. The
committee believes that sharing proven models amongst
practitioners and providing effective direct services will
support parents in helping their children find success in the
classroom.
Local Academic Flexible Grant
In hearings, roundtables, and meetings held around the
country in the 112th Congress, the committee has heard from
countless state and local school officials asking Congress to
remove barriers to spending and let local officials spend
federal funds on problems they know exist, rather than spending
money on Washington priorities that do not benefit their
schools or districts. At a March 1, 2011 hearing entitled,
``Education Regulations: Weighing the Burden on Schools and
Students,'' Edgar Hatrick, Loudon County (VA) Public Schools
Superintendent, stated that navigating the burdensome rules and
reporting requirements of the approximately 80 federal programs
often results in ``. . . resources being diverted from the
mission of teaching and learning.'' In a letter sent in support
of H.R. 1891, the Setting New Priorities in Education Spending
Act, Michael Casserly, Executive Director of the Council of
Great City Schools, wrote, ``[A]n array of small grant programs
contributes little to the academic attainment necessary for
national competitiveness nor helps overcome the achievement
gaps that serve as a persistent barrier to educational and
economic opportunity.''
H.R. 3990 consolidates most federal elementary and
secondary education programs--many of which have conflicting
eligibility and other requirements--into a new Local Academic
Flexible Grant that will provide unprecedented flexibility to
states and school districts in using federal funds. Instead of
determining the priorities for states and school districts, the
legislation allows school officials to decide what funding is
needed to support programs and projects they believe will
increase student academic achievement, including those programs
focused on 21st century skills.
The committee strongly believes that the new Local Academic
Flexible Grant will provide states and school districts with
true flexibility to support innovative approaches to reforming
public education. Rather than funding programs like Race to the
Top, which awards funds to the few states willing to adopt
numerous federal requirements, or Investing in Innovation (i3),
which artificially limit participation to only non-profit
entities, this new grant will provide funds to all states and
school districts in need of additional assistance to support
initiatives that will help improve student learning.
Under the new program, states will receive funding through
a formula and offer competitive grants to school districts, in
partnership with nongovernmental entities, to support programs
or projects that provide supplemental student support
activities, such as tutoring or after-school programs, or
student-focused activities, such as extended learning time
programs, parent engagement, or core academic subject
initiatives. Unlike most federal programs concerned solely with
compliance with federal requirements, the Local Academic
Flexible Grant is focused on student outcomes. The only
requirements for the use of funds are that the program or
project will increase student academic achievement and is
allowed under state law.
Private sector engagement
H.R. 3990 requires states to reserve 10 percent of their
Local Academic Flexible Grant to award grants to
nongovernmental entities, including businesses and community-
based organizations, to support important and innovative
programs outside of the public school system that will benefit
students in public schools. These grants could be awarded to
museums that offer interesting science programs or companies
that provide students with real-world applications of classroom
material. Under the program, nongovernmental entities will be
required to provide a 50 percent match, and the project must
help increase academic achievement. The intent of this program
is to recognize that the public school system does not have a
monopoly on student learning and outside entities can bring
great value to students' academic success.
Statewide activities
H.R. 3990 authorizes states to reserve 15 percent of funds
from the Local Academic Flexible Grant, before grants are
awarded to school districts or nongovernmental entities, for
statewide activities. Through these funds, states can support
the development and implementation of academic assessments
required under Title I of this Act. The remaining funds set
aside at the state level can be used to administer the program,
support statewide activities to increase academic achievement,
and share best practices among school districts of programs and
projects that have proven successful for students.
Impact Aid
Title III of H.R. 3990 reauthorizes and strengthens the
existing Impact Aid program, which provides direct funding to
school districts impacted by the presence of the federal
government. The program reimburses districts located near, or
serving students from, military bases, federal lands, and
Indian reservations for the loss of property taxes. The
committee believes the federal government has a fundamental
responsibility to compensate school districts impacted by the
presence of the federal government to ensure they have adequate
resources to provide their students with a quality education.
The legislation updates the formula by which school
district allotments are determined for a district with federal
property located within its boundaries that cannot be taxed.
The bill enables alternative verification of tax data for
districts that cannot provide original tax records, including
facsimiles or other reproductions of the records. It also
establishes an initial payment for districts eligible for
federal property compensation based on 90 percent of the 2006
applications. The committee notes that the Encouraging
Innovation and Effective Teachers Act reauthorizes Payments for
Federal Property and rejects the Obama administration's recent
budget request to eliminate this important program that
provides critical resources to school districts that lack
revenue due to federal ownership of land.
H.R. 3990 streamlines provisions for Heavily Impacted
school districts, which are districts with high percentages of
military, Native American, or other federally connected
children. The legislation standardizes eligibility criteria for
these districts at 45 percent enrollment of federally connected
children, bases per pupil expenditure eligibility requirements
on state average expenditures rather than national average
expenditures, and maintains the tax rate requirement for
eligible districts of at least 95 percent of the average tax
rate for general fund purposes of comparable districts in the
state. The bill also allows federally connected children to be
counted in enrollment numbers in the case of open enrollment
policies in a state, but does not allow children to be counted
if they are enrolled in a distance education program located
outside the boundaries of the district.
H.R. 3990 provides equal prorated payments greater than 100
percent of the Learning Opportunity Threshold for eligible
districts. The bill extends from three to four years the
timeline for which a district may count children relocated to
off-base housing due to authorized Department of Defense
housing renovations and demolitions. Finally, the bill requires
the Secretary to provide Impact Aid payments within three
years. The committee has included the timely payment language
to address long-standing school district concerns regarding the
lack of on-time payments from the Department of Education. The
committee expects the proposed changes to payments for federal
property to reduce significantly the delays school districts
are currently experiencing, and urges the department to set a
goal of providing timely payments more quickly than called for
under this legislation.
TROOPS-TO-TEACHERS
H.R. 3990 transfers the existing Troops-to-Teachers program
from the Department of Education to the Department of Defense.
The program assists eligible military personnel in beginning a
new career as teachers in public schools in which their skills,
knowledge, and experience are most needed. The committee notes
the program has been fully funded and administered out of the
Department of Defense since Fiscal Year 2011. Transferring the
program will give the Department of Defense and the House
Committee on Armed Services the authority to improve the
program by making necessary policy changes.
PROVIDING SERVICES FOR HOMELESS STUDENTS
H.R. 3990 reauthorizes the McKinney-Vento Homeless
Assistance Act, the primary federal law that provides funding
to states and school districts to educate homeless children and
youth. The bill places a greater emphasis on improved
identification of homeless children and youth, and provides
better collaboration and information sharing among federal and
state agencies to provide services for homeless students. The
legislation also strengthens provisions in current law to
provide greater school stability and protections for homeless
youth and parents, ensuring that designated homeless liaisons
in the school district inform parents of all rights available
to them under the law and have the opportunity to receive
professional development around the specific needs of homeless
youth.
CONCLUSION
The committee is pursuing a new approach to education
reform by re-evaluating the federal role in elementary and
secondary education. Instead of the federal government setting
artificial and burdensome requirements around teacher
qualifications, states and school districts should be
encouraged to measure an educator's influence on student
achievement. The current muddle of ESEA programs, each with its
own onerous requirements, offers states and school districts
little flexibility in how they can use federal dollars to meet
their unique needs. The federal government should move away
from a compliance-based approach, focusing federal programs on
one single factor: whether students are learning. The
committee's efforts will support more effective teachers in the
classroom, grant states and school districts the freedom to
innovate, roll back federal bureaucratic requirements and
regulations, and eliminate and consolidate ineffective and
duplicative federal education programs.
Section-by-Section Analysis
SECTION 1--SHORT TITLE
States the short title as the Encouraging Innovation and
Effective Teachers Act.
SECTION 2--TABLE OF CONTENTS
Lists the table of contents for the Act.
SECTION 3--REFERENCES
References the Elementary and Secondary Education Act.
SECTION 4--TRANSITIONS
States that any person or agency that previously received a
grant under the Elementary and Secondary Education Act prior to
enactment of this Act will continue to receive that award in
accordance with the terms of that award up to one year from the
enactment of the Act, unless otherwise stated in this Act.
SECTION 5--EFFECTIVE DATES
Specifies the effective dates of the amendments and
programs within the Act.
SECTION 6--AUTHORIZATION OF APPROPRIATIONS
Amends 20 U.S.C. 6301 et seq. to authorize the
appropriations for the Act.
TITLE I
Section 101--Teacher Preparation and Effectiveness
Amends the title heading for Title II to read ``Title II--
Teacher Preparation and Effectiveness.'' Amends Part A of Title
II (20 U.S.C. 6601 et seq.) to specify general requirements for
providing grants to state educational agencies and subgrants to
local educational agencies in order to support effective
instruction. Amends Part B of Title II (20 U.S.C. 6661 et seq.)
to specify general requirements of teacher and school leader
flexible grants in order to improve student achievement in core
academic subjects. Amends Part C of Title II (20 U.S.C. 6671 et
seq.) to repeal Subparts 1 to 4 and specifies general
requirements for teacher liability protection. Amends Part D of
Title II (20 U.S.C. 6751 et seq.) to specify general provisions
of the title.
Section 102--Conforming repeals
Repeals Sections 201 to 204 of Title II of the Higher
Education Act of 1965 (20 U.S.C. 1021 et seq.) to address the
changes made under this legislation and specifies the effective
date of the repeals.
TITLE II
Section 201--Parental engagement and local flexibility
Amends Title III (20 U.S.C. 6801 et seq.) to specify
general requirements regarding parental engagement and local
flexibility. Specifies the Charter School Program under Part B
of Title V be reauthorized as amended under the provisions of
H.R. 2218. Specifies general requirements for magnet school
assistance, family engagement in education programs, and local
academic flexible grants.
TITLE III
Section 301--Purpose
Amends Section 8002 (20 U.S.C. 7701) to reflect the purpose
of Title III--Impact Aid.
Section 302--Payments relating to federal acquisition of real property
Amends Section 8002 (20 U.S.C. 7702) to specify general
requirements for payments relating to federal acquisitions of
real property.
Section 303--Payments for eligible federally connected children
Amends Section 8003(a) (20 U.S.C. 7703(a)) to specify the
computation of payments for Eligible Federally Connected
Children. Amends Section 8003(b) (20 U.S.C. 7703(b)) to specify
basic support payments for heavily impacted local educational
agencies. Amends paragraph (2) of Section 8003(c) (20 U.S.C.
7703(c)) to specify general requirements with regards to prior
year data. Amends Section 8003(d)(1) (20 U.S.C. 7703(d)) to
specify general requirements for appropriations regarding
children with disabilities. Amends Section 8003(e) (20 U.S.C.
7703(e)) to specify general requirements of the hold harmless
provision. Strikes Subsection (g) of Section 8003 (20 U.S.C.
7703) to repeal the maintenance of effort provision.
Section 304--Policies and procedures relating to children residing on
Indian lands
Amends Section 8004(e)(9) by changing ``Bureau of Indian
Affairs'' to ``Bureau of Indian Education.''
Section 305--Applications for payments under Sections 8002 and 8003
Amends Section 8005(b) (20 U.S.C. 7705(b)) to specify
general requirements for applications for payments under
Sections 8002 and 8003.
Section 306--Construction
Amends Section 8007 (20 U.S.C. 7707) to specify general
requirements for the authorization of construction payments and
school facility emergency and modernization grants.
Section 307--Facilities
Amends Section 8008 (20 U.S.C. 7708) to specify general
requirements regarding facilities.
Section 308--State consideration of payments providing state aid
Amends Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) to
specify the general requirements of state consideration of
payments providing state aid.
Section 309--Federal administration
Amends Section 8010 (20 U.S.C. 7710) to specify general
requirements of federal administration of impact aid and to
include a provision on timely payments.
Section 310--Administrative hearings and judicial review
Amends Section 8011(a) (20 U.S.C. 7711(a)) to make minor
and technical changes.
Section 311--Definitions
Amends Section 8013 by making a change to the definition of
`armed forces,' `current expenditures,' `federal property,'
`local contribution percentage,' and `local educational
agency.'
Section 312--Authorization of appropriations
Repeals Section 8014 (20 U.S.C. 7801) regarding the
authorization of appropriations for this title.
Section 313--Confirming amendments
Modifies the Elementary and Secondary Education Act to
address the changes made under this legislation.
TITLE IV
Section 401--Troops to Teachers program
Transfers the Troops-to-Teachers program to the U.S.
Department of Defense, where it is currently administered.
Amends Chapter 58 of Title 10, United States Code, by adding
Section 1154 which specifies assistance to eligible members to
obtain employment as teachers in the Troops-to-Teachers
program.
TITLE V
Section 501--Repeal of Title VI
Repeals Title VI--Flexibility and Accountability (20 U.S.C.
7301 et seq.).
TITLE VI
Section 601--Statement of policy
Amends Section 721 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431) to specify the policy of
Congress with regard to homeless education.
Section 602--Grants for state and local activities for the education of
homeless children and youths
Amends Section 722 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432) to specify the general
requirements for grants for state and local activities for the
education of homeless children and youths.
Section 603--Local educational agency subgrants for the education of
homeless children and youths
Amends Section 723 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11433) to specify the general
requirements of local educational agency subgrants for the
education of homeless children and youths.
Section 604--Secretarial responsibilities
Amends Section 724 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434) to specify the
responsibilities of the secretary.
Section 605--Definitions
Amends Section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a) by modifying the definition
of homeless children and youths,' local educational agency,'
and State educational agency' to address prior changes made
under this legislation.
Section 606--Authorization of appropriations
Amends Section 726 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11435) to specify the authorization
of appropriations for the Act.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 3990 reduces burdensome federal mandates and
regulations, grants states and school districts opportunities
to innovate, and supports more effective teachers in the
classroom. H.R. 3990 would have no direct impact on the
Legislative Branch.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 3990 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Correspondence
Exchange of jurisdictional letters with Financial Services
Committee and Armed Services Committee.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House Rule XIII, the
goal of H.R. 3990 is to reform the Elementary and Secondary
Education Act. The Committee expects the Department of
Education to comply with these provisions and implement the
changes to the law in accordance with these stated goals.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following estimate for H.R. 3990 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2012.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3990, the
Encouraging Innovation and Effective Teachers Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3990--Encouraging Innovation and Effective Teachers Act
Summary: H.R. 3990 would amend and reauthorize several
titles of the Elementary and Secondary Education Act of 1965
(the ESEA, commonly referred to, in its most recently
authorized form, as No Child Left Behind). The underlying
authorizations for those programs have expired, although such
programs have received annual appropriations since their
authorizations have expired. This bill would authorize funding
through fiscal year 2018 for various activities, including
support for teacher preparation and magnet and charter schools,
as well as assistance to school districts affected by
activities of the federal government (such as those on a
military base). These authorizations would automatically be
extended one year through 2019, under the General Education
Provisions Act. H.R. 3990 also would reauthorize funding for
the McKinney-Vento Homeless Assistance Act.
CBO estimates that H.R. 3990 would authorize the
appropriation of $7.5 billion in 2013 and $38.6 billion over
the 2013-2017 period. CBO projects that implementing the bill
would have discretionary costs of $28.1 billion over the 2013-
2017 period, assuming appropriation of the estimated amounts.
Enacting the bill would have no effect on direct spending or
revenues; therefore, pay-as-you-go procedures would not apply.
H.R. 3989 (the Student Success Act), also ordered reported
by the House Committee on Education and the Workforce on
February 28, 2012, would amend and reauthorize additional
sections of the ESEA. Together, CBO estimates that H.R. 3989
and H.R. 3990 would authorize the appropriation of
approximately $24 billion for fiscal year 2013. The Congress
appropriated a little more than $24 billion for activities
authorized in the ESEA for fiscal year 2012. (More detailed
analysis of H.R. 3989 is included in a separate cost estimate.)
H.R. 3990 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments. The bill would
impose a private-sector mandate, as defined in UMRA, on parents
and guardians of unaccompanied youth who enroll in school
without their consent by shielding schools from liability for
that enrollment. CBO expects that the costs of the mandate
would not exceed the annual threshold established in UMRA for
private-sector mandates ($146 million in 2012, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3990 is shown in the following table.
The costs of this legislation fall within budget functions 050
(national defense) and 500 (education, training, employment,
and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title II--Teacher Preparation and Effectiveness:
Estimated Authorization Level....................... 2,988 3,031 3,077 3,130 3,193 15,419
Estimated Outlays................................... 60 1,794 2,716 3,055 3,105 10,730
Title III--Parental Engagement and Local Flexibility:
Estimated Authorization Level....................... 3,102 3,147 3,194 3,250 3,315 16,007
Estimated Outlays................................... 155 1,553 2,662 3,167 3,218 10,754
Title IV--Impact Aid:
Estimated Authorization Level....................... 1,294 1,313 1,333 1,356 1,383 6,678
Estimated Outlays................................... 1,091 1,158 1,314 1,350 1,376 6,288
Troops to Teachers Program:
Estimated Authorization Level....................... 25 25 25 25 25 125
Estimated Outlays................................... 1 15 23 25 25 88
Homeless Education:
Estimated Authorization Level....................... 65 66 67 68 70 336
Estimated Outlays................................... 1 39 59 67 68 234
Total Changes:
Estimated Authorization Level................... 7,474 7,583 7,695 7,829 7,985 38,566
Estimated Outlays............................... 1,308 4,559 6,774 7,663 7,792 28,095
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not reflect advance
appropriations in its estimates.
Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted by October 1, 2012, that the estimated
amounts will be appropriated for each year, and that spending
will follow historical patterns.
CBO estimates that H.R. 3990 would authorize the
appropriation of $7.5 billion in 2013 and $38.6 billion over
the 2013-2017 period. Assuming appropriation of the estimated
amounts, implementing the provisions in the bill would cost
$28.1 billion over the 2013-2017 period.
Title II of ESEA--Teacher Preparation and Effectiveness
Title I of H.R. 3990 would reauthorize the grant programs
designed to support teacher training and improvement under
title II of the ESEA. Part A would amend the current state
grant program and part B would replace the current Math and
Science Partnership program with the Teacher and School Leader
Flexible Grant program. The bill would authorize $3.0 billion
for fiscal year 2013 and adjust that total by inflation for
each year through fiscal year 2018. CBO estimates that the bill
would authorize the appropriation of $15.4 billion over the
2013-2017 period and that implementing this title would cost
$10.7 billion over the same period, assuming appropriation of
the estimated amounts. In fiscal year 2012, the Congress
appropriated about $2.5 billion for state grants and $150
million for math and science partnerships.
Title III of ESEA--Parental Engagement and Local Flexibility
Title II of H.R. 3990 would amend the charter and magnet
school programs currently authorized under title V of the ESEA
and transfer them to title III of the ESEA. It also would
create two new grant programs to encourage parental engagement
in their children's education and provide additional funding to
support supplemental learning activities for students. The bill
would authorize the appropriation of $3.1 billion for fiscal
year 2013 to fund those programs and activities with
adjustments for inflation to those totals for each fiscal year
through 2018. Assuming appropriation of the estimated amounts,
CBO estimates that implementing those provisions would cost
$10.8 billion over the 2013-2017 period.
Part A--Parental Engagement. The bill would authorize the
appropriation of about $2.2 billion over the 2013-2017 period
for programs that provide funds to states and localities for
charter and magnet schools and the newly created program for
family engagement in education.
Subpart 1--Charter School Program. H.R. 3990 would
amend the Charter School Program and the Credit Enhancement for
Charter School Initiatives and would authorize the
appropriation of $300 million for fiscal year 2013 and adjust
those amounts by inflation for each year through 2018. CBO
estimates that H.R. 3990 would authorize the appropriation of
$1.5 billion over the 2013-2017 period and that implementing
this provision would cost $1.0 billion over the same period. In
2012, $255 million was appropriated for the Charter School
Program (no funding was provided for Credit Enhancement for
Charter School Initiatives).
Subpart 2--Magnet School Assistance. H.R. 3990
would amend the Magnet School Program and would authorize the
appropriation of $100 million for fiscal year 2013 with
adjustments for inflation for each year through 2018. CBO
estimates that H.R. 3990 would authorize the appropriation of
about $500 million over the 2013-2017 period and that
implementing this provision would cost about $300 million over
the same period, assuming appropriation of the estimated
amounts. The Congress appropriated $100 million for charter
schools in 2012.
Subpart 3--Family Engagement in Education
Programs. The bill would create a new program to encourage
greater parental involvement and engagement in their children's
schools and education. The bill would authorize the
appropriation of $25 million for fiscal year 2013 and increase
those amounts by inflation for each year through 2018. CBO
estimates that H.R. 3990 would authorize the appropriation of
about $130 million over the 2013-2017 period and that
implementing this provision would cost about $90 million over
the same period.
Part B--Local Academic Flexible Grants. Title II of H.R.
3990 would authorize a new grant program that would provide
funds to school districts to develop supplemental student
activities, such as before or after school learning, and
additional activities that support students, such as adjunct
teacher programs and academic subject specific programs. The
bill would authorize the appropriation of $2.7 billion for
fiscal year 2013 with adjustments for inflation for each year
through 2018. CBO estimates that implementing this new program
would cost $9.3 billion over the 2013-2017 period, assuming
appropriation of the estimated amounts.
Title IV of ESEA--Impact Aid
Title III of H.R. 3990 would amend the impact aid programs
(currently authorized under title VIII of the ESEA). The impact
aid programs 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. The
bill would authorize approximately $1.3 billion in fiscal year
2013 and adjust that total for inflation for each fiscal year
through 2018. CBO estimates that the bill would authorize the
appropriation of $6.7 billion over the 2013-2017 period and
that fully funding this title would result in discretionary
costs of $6.3 billion over the 2013-2017 period, assuming the
appropriation of the authorized amounts. The bulk of that
spending (about $6.0 billion), would be for basic support
payments to LEAs to assist in the education of children in
federally connected areas. The additional $300 million would be
used to construct and maintain schools that educate children in
federally connected areas. Impact aid programs received
appropriations of approximately $1.3 billion in fiscal year
2012.
Troops to Teachers
Title IV of H.R. 3990 would permanently reauthorize the
Troops to Teachers program and move it under the auspices of
the Department of Defense.\1\ CBO estimates that reauthorizing
the Troops to Teachers program, which assists members of the
armed forces in obtaining their teaching certification or
license and with placement in schools, would have discretionary
costs of about $88 million over the 2013-2017 period, assuming
appropriation of the estimated amounts.
---------------------------------------------------------------------------
\1\Funding for the Troops to Teachers program for fiscal years 2011
and 2012 was appropriated for the Department of Defense rather than the
Department of Education.
---------------------------------------------------------------------------
McKinney-Vento Homeless Assistance
Title VI of H.R. 3990 would reauthorize the McKinney-Vento
Homeless Assistance Act, which authorizes grants to states to
assist in the education of homeless children. The bill would
authorize the appropriation of $65 million for fiscal year 2013
with adjustments for inflation for each year through 2018. CBO
estimates that this title would authorize the appropriation of
about $340 million and have discretionary costs of about $230
million for the 2013-2017 period, assuming the appropriation of
the necessary amounts. Support for the education of homeless
children totaled $65 million for fiscal year 2012.
Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 3990 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. Those governments would benefit from grants
authorized in the bill for elementary and secondary education.
Any costs associated with those grants would be incurred
voluntarily as a result of complying with conditions of federal
assistance.
Estimated impact on the private sector: H.R. 3990 would
shield schools from liability that might result from enrolling
unaccompanied youth without parental or guardian consent. The
bill would impose a private-sector mandate, as defined in UMRA,
on parents and guardians of unaccompanied youth to the extent
that they would be denied an existing right to compensation.
However, such claims are very rare, and no damages have been
awarded for such claims in the past 10 years. Therefore, CBO
expects that the costs of the mandate would not exceed the
annual threshold established in UMRA for private-sector
mandates ($146 million in 2012, adjusted annually for
inflation).
Previous CBO estimates: On January 4, 2012, CBO transmitted
a cost estimate for the Elementary and Secondary Education
Reauthorization Act of 2011, as ordered reported by the Senate
Committee on Health, Education, Labor, and Pensions on October
20, 2011. CBO estimated that the bill, which also reauthorized
the ESEA, would authorize the appropriation of $25.9 billion
for fiscal year 2013.
On March 15, 2012, CBO transmitted a revised estimate of
the Elementary and Secondary Education Reauthorization Act of
2011 that supersedes the cost estimate transmitted on January
4, 2012. CBO updated the estimate to reflect the private-sector
mandate that was omitted in the initial estimate. The estimated
costs of implementing the bill remain unchanged.
On March 21, 2012, CBO transmitted a cost estimate for H.R.
3989, the Student Success Act, as ordered report by the House
Committee on Education and the Workforce on February 28, 2012.
CBO estimated that H.R. 3989, which would amend and reauthorize
sections of the ESEA in addition to those that would be amended
by H.R. 3990, would authorize the appropriation of $85.9
billion over the 2013-2017 period.
Estimated prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: J'nell Blanco;
Impact on the Private Sector: Jimmy Jin and Michael Levine.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 3990.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
* * * * * * *
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Title II.--There are authorized to be appropriated to
carry out title II $2,988,070,000 for fiscal year 2013.
(b) Title III.--
(1) Part a.--
(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A
of title III $300,000,000 for fiscal year 2013.
(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A
of title III $99,611,000 for fiscal year 2013.
(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A
of title III $25,000,000 for fiscal year 2013.
(2) Part b.--There are authorized to be appropriated
to carry out part B of title III $2,677,476,000 for
fiscal year 2013.
(c) Title IV.--
(1) Payments for federal acquisition of real
property.--For the purpose of making payments under
section 4002, there are authorized to be appropriated
$66,947,000 for fiscal year 2013.
(2) Basic payments; payments for heavily impacted
local educational agencies.--For the purpose of making
payments under section 4003(b), there are authorized to
be appropriated $1,153,540,000 for fiscal year 2013.
(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there
are authorized to be appropriated $48,413,000 for
fiscal year 2013.
(4) Construction.--For the purpose of carrying out
section 4007, there are authorized to be appropriated
$17,441,000 for fiscal year 2013.
(5) Facilities maintenance.--For the purpose of
carrying out section 4008, there are authorized to be
appropriated $4,845,000 for fiscal year 2013.
(d) Out Years.--The amounts authorized in subsections (a),
(b), and (c) shall be increased for each of fiscal years 2014
through 2018 by a percentage equal to the percentage of
inflation according to the Consumer Price Index, for the
calendar year ending prior to the beginning of that fiscal
year.
* * * * * * *
[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.]
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
PART A--SUPPORTING EFFECTIVE INSTRUCTION
SEC. 2101. PURPOSE.
The purpose of this part is to provide grants to State
educational agencies and subgrants to local educational
agencies to--
(1) increase student achievement consistent with
State academic standards under section 1111;
(2) improve teacher and school leader effectiveness;
(3) provide evidence-based, continuous, job-embedded
professional development; and
(4) develop and implement teacher evaluation systems
to link teacher performance with student achievement to
determine teacher effectiveness.
Subpart 1--Grants to States
SEC. 2111. ALLOTMENTS TO STATES.
(a) In General.--Of the amounts appropriated under section
3(a), the Secretary shall reserve 75 percent to 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.--Of the amount reserved
under subsection (a) for a fiscal year, the Secretary
shall reserve--
(A) not more than 1 percent to carry out
national activities under section 2132;
(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative
need, as determined by the Secretary, in
accordance with the purpose of this part; and
(C) 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.
(2) State allotments.--
(A) In general.--Subject to subparagraph (B),
from the funds reserved under subsection (a)
for any fiscal year and not reserved under
paragraph (1), the Secretary shall allot to
each State the sum of--
(i) an amount that bears the same
relationship to 50 percent of the funds
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 50 percent of the funds
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) Small state minimum.--No State receiving
an allotment under subparagraph (A) may receive
less than one-half of 1 percent of the total
amount of funds allotted under such
subparagraph for a fiscal year.
(c) Alternate Distribution of Funds.--
(1) In general.--Subject to paragraphs (2) through
(5), if a State does not apply to the Secretary for an
allotment under this section, a local educational
agency located in such State may apply to the Secretary
for a portion of the funds that would have been
allotted to the State had such State applied for an
allotment under this section to carry out the
activities under this part.
(2) Application.--In order to receive an allotment
under paragraph (1), a local educational agency shall
submit to the Secretary an application at such time, in
such manner, and containing the information described
in section 2122.
(3) Use of funds.--A local educational agency
receiving an allotment under paragraph (1)--
(A) shall use such funds to carry out the
activities described in section 2123(1); and
(B) may use such funds to carry out the
activities described in section 2123(2).
(4) Reporting requirements.--A local educational
agency receiving an allotment under paragraph (1) shall
carry out the reporting requirements described in
section 2131(a), except that annual reports shall be
submitted to the Secretary and not a State educational
agency.
(5) Amount of allotment.--An allotment made to a
local educational agency under paragraph (1) for a
fiscal year shall be equal to the amount of subgrant
funds that the local educational agency would have
received under subpart 2 had such agency applied for a
subgrant under such subpart for such fiscal year.
(d) Reallotment.--If a State does not apply for an allotment
under this section for any fiscal year or only a portion of the
State's allotment is allotted under subsection (c), the
Secretary shall reallot the State's entire allotment or the
remaining portion of its allotment, as the case may be, to the
remaining States in accordance with subsection (b).
SEC. 2112. STATE APPLICATION.
(a) In General.--For a State to be eligible to receive a
grant under this subpart, the State educational agency shall
submit an application to the Secretary at such time and in such
a manner as the Secretary may reasonably require, which shall
include the following:
(1) A description of how the State educational agency
will meet the requirements of this subpart.
(2) A description of how the State educational agency
will use a grant received under section 2111, including
the grant funds the State will reserve for State-level
activities under section 2113(a)(2).
(3) A description of how the State educational agency
will facilitate the sharing of evidence-based and other
effective strategies among local educational agencies.
(4) In the case of a State educational agency that is
not developing or implementing a statewide teacher
evaluation system, a description of how the State
educational agency will ensure that each local
educational agency in the State receiving a subgrant
under subpart 2 will implement a teacher evaluation
system that meets the requirements of clauses (i)
through (v) of section 2123(1)(A).
(5) In the case of a State educational agency that is
developing or implementing a statewide teacher
evaluation system--
(A) a description of how the State
educational agency will work with local
educational agencies in the State to implement
the statewide teacher evaluation system within
3 years of the date of enactment of the
Encouraging Innovation and Effective Teachers
Act; and
(B) an assurance that the statewide teacher
evaluation system complies with clauses (i)
through (v) of section 2123(1)(A).
(6) An assurance that the State educational agency
will comply with section 5501 (regarding participation
by private school children and teachers).
(b) Deemed Approval.--An application submitted by a State
educational agency under 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.
(c) Disapproval.--The Secretary shall not finally disapprove
an application, except after giving the State educational
agency notice and an opportunity for a hearing.
(d) Notification.--If the Secretary finds that an 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.
(e) Response.--If a State educational agency responds to a
notification from the Secretary under 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 a State educational agency does
not respond to a notification from the Secretary under
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. 2113. STATE USE OF FUNDS.
(a) In General.--A State educational agency that receives a
grant under section 2111 shall--
(1) reserve 95 percent of the grant funds to make
subgrants to local educational agencies under subpart
2; and
(2) use the remainder of the funds, after reserving
funds under paragraph (1), for the State activities
described in subsection (b), except that the State may
reserve not more than 1 percent of the grant funds for
planning and administration related to carrying out
activities described in subsection (b).
(b) State-Level Activities.--A State educational agency that
receives a grant under section 2111--
(1) shall use the amount described in subsection
(a)(2) to--
(A) provide training and technical assistance
to local educational agencies on--
(i) in the case of a State
educational agency not implementing a
statewide teacher evaluation system--
(I) the development and
implementation of a teacher
evaluation system that meets
the requirements of clauses (i)
through (v) of section
2123(1)(A); and
(II) training school leaders
in using such evaluation
system; or
(ii) in the case of a State
educational agency implementing a
statewide teacher evaluation system,
implementing such evaluation system;
and
(B) fulfill the State educational agency's
responsibilities with respect to the proper and
efficient administration of the subgrant
program carried out under this part; and
(2) may use the amount described in subsection (a)(2)
to--
(A) disseminate and share evidence-based and
other effective practices related to teacher
and school leader effectiveness and
professional development; and
(B) provide professional development for
teachers and school leaders in the State
consistent with clauses (i) through (v) of
section 2123(2)(B).
Subpart 2--Subgrants to Local Educational Agencies
SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--Each State receiving a grant under section
2111 shall use the funds reserved under section 2113(a)(1) to
award subgrants to local educational agencies under this
section.
(b) Allocation of Funds.--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 the sum
of--
(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 in the geographic area served by the local
educational agency, as determined by the State 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
(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 from families with incomes below the poverty
line in the geographic area served by the local
educational agency, as determined by the State 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.
To be eligible to receive a subgrant under this subpart, a
local educational agency shall submit an application to the
State educational agency involved at such time, in such a
manner, and containing such information as the State
educational agency may reasonably require that, at a minimum,
shall include the following:
(1) A description of--
(A) how the local educational agency will
meet the requirements of this subpart;
(B) how the activities to be carried out by
the local educational agency under this subpart
will be evidence-based, improve student
academic achievement, and improve teacher and
school leader effectiveness;
(C) in the case of a local educational agency
not in a State with a statewide teacher
evaluation system, the teacher evaluation
system that will be developed and implemented
under section 2123(1) and how such system will
meet the requirements described in clauses (i)
through (v) of section 2123(1)(A);
(D) how, in developing and implementing such
a teacher evaluation system, the local
educational agency will work with parents,
teachers, school leaders, and other staff of
the schools served by the local educational
agency; and
(E) how the local educational agency will
develop and implement such a teacher evaluation
system within 3 years of the date of enactment
of the Encouraging Innovation and Effective
Teachers Act.
(2) In the case of a local educational agency in a
State with a statewide teacher evaluation system, a
description of how the local educational agency will
work with the State educational agency to implement the
statewide teacher evaluation system within 3 years of
the date of enactment of the Encouraging Innovation and
Effective Teachers Act.
(3) An assurance that the local educational agency
will comply with section 5501 (regarding participation
by private school children and teachers).
SEC. 2123. LOCAL USE OF FUNDS.
A local educational agency receiving a subgrant under this
subpart--
(1) shall use such funds--
(A) to develop and implement a teacher
evaluation system that--
(i) uses student achievement data
derived from a variety of sources as a
significant factor in determining a
teacher's evaluation, with the weight
given to such data defined by the local
educational agency;
(ii) uses multiple measures of
evaluation for evaluating teachers;
(iii) has more than 2 categories for
rating the performance of teachers;
(iv) shall be used to make personnel
decisions, as determined by the local
educational agency; and
(v) is based on input from parents,
school leaders, teachers, and other
staff of schools served by the local
educational agency; or
(B) in the case of a local educational agency
located in a State implementing a statewide
teacher evaluation system, to implement such
evaluation system; and
(2) may use such funds for--
(A) the training of school leaders for the
purpose of evaluating teachers under a teacher
evaluation system described in subparagraph (A)
or (B) of paragraph (1), as appropriate;
(B) professional development for teachers and
school leaders that is evidence-based, job-
embedded, and continuous, such as--
(i) subject-based professional
development for teachers;
(ii) professional development aligned
with the State's academic standards;
(iii) professional development for
teachers of students with disabilities
and English learners;
(iv) professional development for
teachers identified as in need of
additional support through data
provided by a teacher evaluation system
described in subparagraph (A) or (B) of
paragraph (1), as appropriate;
(v) professional development based on
the current science of learning, which
includes research on positive brain
change and cognitive skill development;
(vi) professional development for
school leaders, including mentorship
programs for such leaders; or
(vii) professional development on
integrated, interdisciplinary, and
project-based teaching strategies,
including for career and technical
education teachers;
(C) partnering with a public or private
organization or a consortium of such
organizations to develop and implement a
teacher evaluation system described in
subparagraph (A) or (B) of paragraph (1), as
appropriate;
(D) any activities authorized under section
2222(a); or
(E) class size reduction, except that the
local educational agency may use not more than
10 percent of such funds for this purpose.
Subpart 3--General Provisions
SEC. 2131. REPORTING REQUIREMENTS.
(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under subpart 2 shall submit to the
State educational agency involved, on an annual basis until the
last year in which the local educational agency receives such
subgrant funds, a report on--
(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
(2) how the local educational agency is using such
subgrant funds;
(3) the number and percentage of teachers in each
category established under clause (iii) of section
2123(1)(A), except that such report shall not reveal
personally identifiable information about an individual
teacher; and
(4) any such other information as the State
educational agency may require.
(b) State Educational Agencies.--Each State educational
agency receiving a grant under subpart 1 shall submit to the
Secretary a report, on an annual basis until the last year in
which the State educational agency receives such grant funds,
on--
(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
(2) how the State educational agency is using such
grant funds.
SEC. 2132. NATIONAL ACTIVITIES.
From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants
and contracts--
(1) provide technical assistance to States and local
educational agencies in carrying out activities under
this part; and
(2) acting through the Institute of Education
Sciences, conduct national evaluations of activities
carried out by State educational agencies and local
educational agencies under this part.
SEC. 2133. STATE DEFINED.
In this part, the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
SEC. 2201. PURPOSE.
The purpose of this part is to improve student academic
achievement in the core academic subjects by--
(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school
leaders to help all students meet the State's academic
standards; and
(2) increasing the number of teachers and school
leaders who are effective in increasing student
academic achievement.
Subpart 1--Formula Grants to States
SEC. 2211. STATE ALLOTMENTS.
(a) Reservations.--From the amount appropriated under section
3(a) for any fiscal year, the Secretary--
(1) shall reserve 25 percent to award grants to
States under this subpart; and
(2) of the amount reserved under paragraph (1), shall
reserve--
(A) not more than 1 percent for national
activities described in section 2233;
(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative
need, as determined by the Secretary, in
accordance with the purpose of this part; and
(C) 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) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved
under subparagraphs (A) through (C) of subsection
(a)(2), the Secretary shall allot, and make available
in accordance with this section, to each State 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.
(2) Small state minimum.--No State receiving an
allotment under paragraph (1) may receive less than
one-half of 1 percent of the total amount allotted
under such paragraph.
(3) Reallotment.--If a State does not receive 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.
(c) State Application.--In order to receive an allotment
under this section for any fiscal year, a State shall submit an
application to the Secretary, at such time and in such manner
as the Secretary may reasonably require. Such application
shall--
(1) designate the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this part;
(2) describe how the State educational agency will
use funds received under this section for State level
activities described in subsection (d)(3);
(3) describe the procedures and criteria the State
educational agency will use for reviewing applications
and awarding subgrants to eligible entities under
section 2221 on a competitive basis;
(4) describe how the State educational agency will
ensure that subgrants made under section 2221 are of
sufficient size and scope to support effective programs
that will help increase academic achievement in the
classroom and are consistent with the purposes of this
part;
(5) describe the steps the State educational agency
will take to ensure that eligible entities use subgrant
funds received under section 2221 to carry out programs
that implement effective strategies, including by
providing ongoing technical assistance and training,
and disseminating evidence-based and other effective
strategies to such eligible entities;
(6) describe how programs under this part will be
coordinated with other programs under this Act; and
(7) include an assurance that, other than 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 decision-making processes of eligible entities
as to the expenditure of funds made pursuant to an
application submitted under section 2221(b).
(d) State Use of Funds.--
(1) In general.--Each State that receives an
allotment under this section shall reserve not less
than 92 percent of the amount allotted to such State
under subsection (b), for each fiscal year, for
subgrants to eligible entities under subpart 2.
(2) State administration.--A State educational agency
may reserve not more than 1 percent of the amount made
available to the State under subsection (b) for the
administrative costs of carrying out such State
educational agency's responsibilities under this
subpart.
(3) State-level activities.--
(A) Innovative teacher and school leader
activities.--A State educational agency shall
reserve not more than 4 percent of the amount
made available to the State under subsection
(b) to carry out 1 or more of the following
activities:
(i) Reforming teacher and school
leader certification, recertification,
licensing, and tenure systems to ensure
that--
(I) each teacher has the
subject matter knowledge and
teaching skills necessary to
help students meet the State's
academic standards; and
(II) school leaders have the
instructional leadership skills
to help teachers instruct and
students learn.
(ii) Carrying out programs that
establish, expand, or improve
alternative routes for State
certification or licensure of teachers
and school leaders, including such
programs for--
(I) mid-career professionals
from other occupations,
including science, technology,
engineering, and math fields;
(II) former military
personnel; and
(III) recent graduates of an
institution of higher
education, with a record of
academic distinction, who
demonstrate the potential to
become effective teachers or
school leaders.
(iii) Developing, or assisting
eligible entities in developing--
(I) performance-based pay
systems for teachers and school
leaders;
(II) strategies that provide
differential, incentive, or
bonus pay for teachers; or
(III) teacher advancement
initiatives that promote
professional growth and
emphasize multiple career paths
and pay differentiation.
(iv) Developing, or assisting
eligible entities in developing, new
teacher and school leaders induction
and mentoring programs that are
designed to--
(I) improve instruction and
student learning and
achievement; and
(II) increase the retention
of effective teachers and
school leaders.
(v) Providing professional
development for teachers and school
leaders that is focused on--
(I) improving teaching and
student learning and
achievement in the core
academic subjects; and
(II) improving teaching,
student learning, and
achievement for students with
disabilities, English learners,
and other special populations.
(vi) Providing training and technical
assistance to eligible entities that
receive a subgrant under section 2221.
(vii) Other activities identified by
the State educational agency that meet
the purposes of this part, including
those activities authorized under
subparagraph (B).
(B) Teacher or school leader preparation
academies.--
(i) In general.--In the case of a
State in which teacher or school leader
preparation academies are allowable
under State law, a State educational
agency may reserve not more than 3
percent of the amount made available to
the State under subsection (b) to
support the establishment or expansion
of one or more teacher or school leader
preparation academies and, subject to
the limitation under clause (iii), to
support State authorizers for such
academies.
(ii) Matching requirement.--A State
educational agency shall not provide
funds under this subparagraph to
support the establishment or expansion
of a teacher or school leader
preparation academy unless the academy
agrees to provide, either directly or
through private contributions, non-
Federal matching funds equal to not
less than 10 percent of the amount of
the funds the academy will receive
under this subparagraph.
(iii) Funding for state
authorizers.--Not more than 5 percent
of funds provided to a teacher or
school leader preparation academy under
this subparagraph may be used to
support activities of State authorizers
for such academy.
SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
(a) Deemed Approval.--An application submitted by a State
pursuant to section 2211(c) 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
section 2211(c).
(b) Disapproval Process.--
(1) In General.--The Secretary shall not finally
disapprove an application submitted under section
2211(c), except after giving the State educational
agency notice and an opportunity for a hearing.
(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part,
with section 2211(c) the Secretary shall--
(A) give the State educational agency notice
and an opportunity for a hearing; and
(B) notify the State 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.
(3) Response.--If a State educational agency responds
to a notification from the Secretary under paragraph
(2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, and resubmits the application with the
requested information described in paragraph
(2)(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 subsection (a).
(4) Failure to respond.--If the State educational
agency does not respond to a notification from the
Secretary under paragraph (2)(B) during the 45-day
period beginning on the date on which the State
educational agency received the notification, such
application shall be deemed to be disapproved.
Subpart 2--Local Competitive Grant Program
SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
(a) In General.--A State that receives an allotment under
section 2211(b) for a fiscal year shall use the amount reserved
under section 2211(d)(1) to award subgrants, on a competitive
basis, to eligible entities in accordance with this section to
enable such entities to carry out the programs and activities
described in section 2222.
(b) Application.--
(1) In general.--To be eligible to receive a subgrant
under this section, 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 programs and
activities to be funded and how they are
consistent with the purposes of this part; and
(B) an assurance that the eligible entity
will comply with section 5501 (regarding
participation by private school children and
teachers).
(c) Peer Review.--In reviewing applications under this
section, a State educational agency shall use a peer review
process or other methods of assuring the quality of such
applications but the review shall only judge the likelihood of
the activity to increase student academic achievement. The
reviewers shall not make a determination based on the policy of
the proposed activity.
(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic
areas within the State, including rural, suburban, and urban
communities.
(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not more than 5
years.
(f) Matching.--An eligible entity receiving a subgrant under
this section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less
than 10 percent of the amount of the subgrant.
SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
(a) In General.--Each eligible entity receiving a subgrant
under section 2221 shall use such subgrant funds to develop,
implement, and evaluate comprehensive programs and activities,
that are in accordance with the purpose of this part and--
(1) are consistent with the principles of
effectiveness described in subsection (b); and
(2) may include, among other programs and
activities--
(A) developing and implementing initiatives
to assist in recruiting, hiring, and retaining
highly effective teachers and school leaders,
including initiatives that provide--
(i) differential, incentive, or bonus
pay for teachers;
(ii) performance-based pay systems
for teachers and school leaders;
(iii) teacher advancement initiatives
that promote professional growth and
emphasize multiple career paths and pay
differentiation;
(iv) new teacher and school leader
induction and mentoring programs that
are designed to improve instruction,
student learning and achievement, and
to increase teacher and school leader
retention; and
(v) teacher residency programs, and
school leader residency programs,
designed to develop and support new
teachers or new school leaders,
respectively;
(B) supporting the establishment or expansion
of teacher or school leader preparation
academies under section 2221(d)(3)(B);
(C) recruiting qualified individuals from
other fields, including individuals from
science, technology, engineering, and math
fields, mid-career professionals from other
occupations, and former military personnel;
(D) establishing, improving, or expanding
model instructional programs in the core
academic subjects to ensure that all children
meet the State's academic standards;
(E) providing high-quality professional
development for teachers and school leaders
focused on improving teaching and student
learning and achievement in the core academic
subjects;
(F) implementing programs based on the
current science of learning, which includes
research on positive brain change and cognitive
skill development; and
(G) other activities and programs identified
as necessary by the local educational agency
that meet the purpose of this part.
(b) Principles of Effectiveness.--For a program or activity
developed pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
(1) be based upon an assessment of objective data
regarding the need for programs and activities in the
elementary schools and secondary schools served to
increase the number of teachers and school leaders who
are effective in improving student academic
achievement;
(2) reflect evidence-based research, or in the
absence of a strong research base, reflect effective
strategies in the field, that provide evidence that the
program or activity will improve student academic
achievement in the core academic subjects; and
(3) include meaningful and ongoing consultation with,
and input from, teachers, school leaders, and parents,
in the development of the application and
administration of the program or activity.
Subpart 3--General Provisions
SEC. 2231. PERIODIC EVALUATION.
(a) In General.--Each eligible entity and each teacher or
school leader preparation academy that receives funds under
this part shall undergo a periodic evaluation by the State
educational agency involved to assess such entity's or such
academy's progress toward achieving the purposes of this part.
(b) Use of Results.--The results of an evaluation described
in subsection (a) of an eligible entity or academy shall be--
(1) used to refine, improve, and strengthen such
eligible entity or such academy, respectively; and
(2) made available to the public upon request, with
public notice of such availability provided.
SEC. 2232. REPORTING REQUIREMENTS.
(a) Eligible Entities and Academies.--Each eligible entity
and each teacher or school leader preparation academy that
receives funds from a State educational agency under this part
shall prepare and submit annually to such State educational
agency a report that includes--
(1) a description of the progress of the eligible
entity or teacher or school leader preparation academy,
respectively, in meeting the purposes of this part;
(2) a description of the programs and activities
conducted by the eligible entity or teacher or school
leader preparation academy, respectively, with funds
received under this part;
(3) how the eligible entity or teacher or school
leader preparation academy, respectively, is using such
funds; and
(4) any such other information as the State
educational agency may require.
(b) State Educational Agencies.--Each State educational
agency that receives a grant under this part shall prepare and
submit, annually, to the Secretary a report that includes--
(1) a description of the programs and activities
conducted by the State educational agency with grant
funds received under this part;
(2) a description of the progress of the State
educational agency in meeting the purposes of this part
described in section 2201;
(3) how the State educational agency is using grant
funds received under this part;
(4) the methods and criteria the State educational
agency used to award subgrants to eligible entities
under section 2221 and, if applicable, funds to teacher
or school leader academies under section 2211(d)(3)(B);
and
(5) the results of the periodic evaluations conducted
under section 2231.
SEC. 2233. NATIONAL ACTIVITIES.
From the funds reserved by the Secretary under section
2211(a)(1), the Secretary shall, directly or through grants and
contracts--
(1) provide technical assistance to States and
eligible entities in carrying out activities under this
part; and
(2) acting through the Institute of Education
Sciences, conduct national evaluations of activities
carried out by States and eligible entities under this
part.
SEC. 2234. DEFINITIONS.
In this part:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a local educational agency or consortium
of local educational agencies;
(B) an institution of higher education or
consortium of such institutions in partnership
with a local educational agency or consortium
of local educational agencies;
(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a
local educational agency or consortium of local
educational agencies; or
(D) a consortium of the entities described in
subparagraphs (B) and (C).
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(3) State authorizer.--The term ``State authorizer''
means an entity designated by the Governor of a State
to authorize teacher or school leader preparation
academies within the State that--
(A) enters into an agreement with a teacher
or school leader preparation academy that--
(i) specifies the goals expected of
the academy, which, at a minimum,
include the goals described in
paragraph (4); and
(ii) does not reauthorize the academy
if such goals are not met; and
(B) may be a nonprofit organization, a State
educational agency, or other public entity, or
consortium of such entities (including a
consortium of State educational agencies).
(4) Teacher or school leader preparation academy.--
The term ``teacher or school leader preparation
academy'' means a public or private entity, or a
nonprofit or for-profit organization, which may be an
institution of higher education or an organization
affiliated with an institution of higher education,
that will prepare teachers or school leaders to serve
in schools, and that--
(A) enters into an agreement with a State
authorizer that specifies the goals expected of
the academy, including--
(i) a requirement that prospective
teachers or school leaders who are
enrolled in a teacher or school leader
preparation academy receive a
significant part of their training
through clinical preparation that
partners the prospective candidate with
an effective teacher or school leader,
respectively, with a demonstrated
record of increasing student
achievement, while also receiving
concurrent instruction from the academy
in the content area (or areas) in which
the prospective teacher or school
leader will become certified or
licensed;
(ii) the number of effective teachers
or school leaders, respectively, who
will demonstrate success in increasing
student achievement that the academy
will produce; and
(iii) a requirement that a teacher or
school leader preparation academy will
only award a certificate of completion
after the graduate demonstrates that
the graduate is an effective teacher or
school leader, respectively, with a
demonstrated record of increasing
student achievement, except that an
academy may award a provisional
certificate for the period necessary to
allow the graduate to demonstrate such
effectiveness;
(B) does not have restrictions on the methods
the academy will use to train prospective
teacher or school leader candidates,
including--
(i) obligating (or prohibiting) the
academy's faculty to hold advanced
degrees or conduct academic research;
(ii) restrictions related to the
academy's physical infrastructure;
(iii) restrictions related to the
number of course credits required as
part of the program of study;
(iv) restrictions related to the
undergraduate coursework completed by
teachers teaching or working on
alternative certificates, licenses, or
credentials, as long as such teachers
have successfully passed all relevant
State-approved content area
examinations; or
(v) restrictions related to obtaining
accreditation from an accrediting body
for purposes of becoming an academy;
(C) limits admission to its program to
prospective teacher or school leader candidates
who demonstrate strong potential to improve
student achievement, based on a rigorous
selection process that reviews a candidate's
prior academic achievement or record of
professional accomplishment; and
(D) results in a certificate of completion
that the State may recognize as at least the
equivalent of a master's degree in education
for the purposes of hiring, retention,
compensation, and promotion in the State.
(5) Teacher residency program.--The term ``teacher
residency program'' means a school-based teacher
preparation program in which a prospective teacher--
(A) for one academic year, teaches alongside
an effective teacher, as determined by a
teacher evaluation system implemented under
part A, who is the teacher of record;
(B) receives concurrent instruction during
the year described in subparagraph (A) from the
partner institution (as defined in section 200
of the Higher Education Act of 1965 (20 U.S.C.
1021)), which courses may be taught by local
educational agency personnel or residency
program faculty, in the teaching of the content
area in which the teacher will become certified
or licensed; and
(C) acquires effective teaching skills.
PART C--INNOVATION FOR TEACHER QUALITY
[Subpart 1--Transitions to Teaching
[CHAPTER A--TROOPS-TO-TEACHERS PROGRAM
[SEC. 2301. DEFINITIONS.
[In this chapter:
[(1) Armed forces.--The term ``Armed Forces'' means
the Army, Navy, Air Force, Marine Corps, and Coast
Guard.
[(2) Member of the armed forces.--The term ``member
of the Armed Forces'' includes a former member of the
Armed Forces.
[(3) Program.--The term ``Program'' means the Troops-
to-Teachers Program authorized by this chapter.
[(4) Reserve component.--The term ``reserve
component'' means--
[(A) the Army National Guard of the United
States;
[(B) the Army Reserve;
[(C) the Navy Reserve;
[(D) the Marine Corps Reserve;
[(E) the Air National Guard of the United
States;
[(F) the Air Force Reserve; and
[(G) the Coast Guard Reserve.
[(5) Secretary concerned.--The term ``Secretary
concerned'' means--
[(A) the Secretary of the Army, with respect
to matters concerning a reserve component of
the Army;
[(B) the Secretary of the Navy, with respect
to matters concerning reserve components named
in subparagraphs (C) and (D) of paragraph (4);
[(C) the Secretary of the Air Force, with
respect to matters concerning a reserve
component of the Air Force; and
[(D) the Secretary of Homeland Security, with
respect to matters concerning the Coast Guard
Reserve.
[SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
[(a) Purpose.--The purpose of this section is to authorize a
mechanism for the funding and administration of the Troops-to-
Teachers Program, which was originally established by the
Troops-to-Teachers Program Act of 1999 (title XVII of the
National Defense Authorization Act for Fiscal Year 2000) (20
U.S.C. 9301 et seq.).
[(b) Program Authorized.--The Secretary may carry out a
program (to be known as the ``Troops-to-Teachers Program'')--
[(1) to assist eligible members of the Armed Forces
described in section 2303 to obtain certification or
licensing as elementary school teachers, secondary
school teachers, or vocational or technical teachers,
and to become highly qualified teachers; and
[(2) to facilitate the employment of such members--
[(A) by local educational agencies or public
charter schools that the Secretary identifies
as--
[(i) receiving grants under part A of
title I as a result of having within
their jurisdictions concentrations of
children from low-income families; or
[(ii) experiencing a shortage of
highly qualified teachers, in
particular a shortage of science,
mathematics, special education, or
vocational or technical teachers; and
[(B) in elementary schools or secondary
schools, or as vocational or technical
teachers.
[(c) Administration of Program.--The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which the Secretary of Defense, acting through the
Defense Activity for Non-Traditional Education Support of the
Department of Defense, will perform the actual administration
of the Program, other than section 2306. Using funds
appropriated to the Secretary to carry out this chapter, the
Secretary shall transfer to the Secretary of Defense such
amounts as may be necessary to administer the Program pursuant
to the memorandum of agreement.
[(d) Information Regarding Program.--The Secretary shall
provide to the Secretary of Defense information regarding the
Program and applications to participate in the Program, for
distribution as part of preseparation counseling provided under
section 1142 of title 10, United States Code, to members of the
Armed Forces described in section 2303.
[(e) Placement Assistance and Referral Services.--The
Secretary may, with the agreement of the Secretary of Defense,
provide placement assistance and referral services to members
of the Armed Forces who meet the criteria described in section
2303, including meeting education qualification requirements
under subsection 2303(c)(2). Such members shall not be eligible
for financial assistance under subsections (c) and (d) of
section 2304.
[SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.
[(a) Eligible Members.--The following members of the Armed
Forces are eligible for selection to participate in the
Program:
[(1) Any member who--
[(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the
manner provided in title 10 or title 14, United
States Code;
[(B) has an approved date of retirement that
is within 1 year after the date on which the
member submits an application to participate in
the Program; or
[(C) has been transferred to the Retired
Reserve.
[(2) Any member who, on or after the date of
enactment of the No Child Left Behind Act of 2001--
[(A)(i) is separated or released from active
duty after 6 or more years of continuous active
duty immediately before the separation or
release; or
[(ii) has completed a total of at least 10
years of active duty service, 10 years of
service computed under section 12732 of title
10, United States Code, or 10 years of any
combination of such service; and
[(B) executes a reserve commitment agreement
for a period of not less than 3 years under
subsection (e)(2).
[(3) Any member who, on or after the date of
enactment of the No Child Left Behind Act of 2001, is
retired or separated for physical disability under
chapter 61 of title 10, United States Code.
[(4) Any member who--
[(A) during the period beginning on October
1, 1990, and ending on September 30, 1999, was
involuntarily discharged or released from
active duty for purposes of a reduction of
force after 6 or more years of continuous
active duty immediately before the discharge or
release; or
[(B) applied for the teacher placement
program administered under section 1151 of
title 10, United States Code, before the repeal
of that section, and satisfied the eligibility
criteria specified in subsection (c) of such
section 1151.
[(b) Submission of Applications.--
[(1) Form and submission.--Selection of eligible
members of the Armed Forces to participate in the
Program shall be made on the basis of applications
submitted to the Secretary within the time periods
specified in paragraph (2). An application shall be in
such form and contain such information as the Secretary
may require.
[(2) Time for submission.--An application shall be
considered to be submitted on a timely basis under
paragraph (1) if--
[(A) in the case of a member described in
paragraph (1)(A), (2), or (3) of subsection
(a), the application is submitted not later
than 4 years after the date on which the member
is retired or separated or released from active
duty, whichever applies to the member; or
[(B) in the case of a member described in
subsection (a)(4), the application is submitted
not later than September 30, 2003.
[(c) Selection Criteria.--
[(1) Establishment.--Subject to paragraphs (2) and
(3), the Secretary shall prescribe the criteria to be
used to select eligible members of the Armed Forces to
participate in the Program.
[(2) Educational background.--
[(A) Elementary or secondary school
teacher.--If a member of the Armed Forces
described in paragraph (1), (2), or (3) of
subsection (a) is applying for assistance for
placement as an elementary school or secondary
school teacher, the Secretary shall require the
member to have received a baccalaureate or
advanced degree from an accredited institution
of higher education.
[(B) Vocational or technical teacher.--If a
member of the Armed Forces described in
paragraph (1), (2), or (3) of subsection (a) is
applying for assistance for placement as a
vocational or technical teacher, the Secretary
shall require the member--ave received the
equivalent of 1 year of college from an
accredited institution of higher education and
have 6 or more years of military experience in
a vocational or technical field; or
[(ii) to otherwise meet the
certification or licensing requirements
for a vocational or technical teacher
in the State in which the member seeks
assistance for placement under the
Program.
[(3) Honorable service.--A member of the Armed Forces
is eligible to participate in the Program only if the
member's last period of service in the Armed Forces was
honorable, as characterized by the Secretary concerned
(as defined in section 101(a)(9) of title 10, United
States Code). A member selected to participate in the
Program before the retirement of the member or the
separation or release of the member from active duty
may continue to participate in the Program after the
retirement, separation, or release only if the member's
last period of service is characterized as honorable by
the Secretary concerned (as so defined).
[(d) Selection Priorities.--In selecting eligible members of
the Armed Forces to receive assistance under the Program, the
Secretary shall give priority to members who have educational
or military experience in science, mathematics, special
education, or vocational or technical subjects and agree to
seek employment as science, mathematics, or special education
teachers in elementary schools or secondary schools or in other
schools under the jurisdiction of a local educational agency.
[(e) Other Conditions on Selection.--
[(1) Selection subject to funding.--The Secretary may
not select an eligible member of the Armed Forces to
participate in the Program under this section and
receive financial assistance under section 2304 unless
the Secretary has sufficient appropriations for the
Program available at the time of the selection to
satisfy the obligations to be incurred by the United
States under section 2304 with respect to the member.
[(2) Reserve commitment agreement.--The Secretary may
not select an eligible member of the Armed Forces
described in subsection (a)(2)(A) to participate in the
Program under this section and receive financial
assistance under section 2304 unless--
[(A) the Secretary notifies the Secretary
concerned and the member that the Secretary has
reserved a full stipend or bonus under section
2304 for the member; and
[(B) the member executes a written agreement
with the Secretary concerned to serve as a
member of the Selected Reserve of a reserve
component of the Armed Forces for a period of
not less than 3 years (in addition to any other
reserve commitment the member may have).
[SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.
[(a) Participation Agreement.--
[(1) In general.--An eligible member of the Armed
Forces selected to participate in the Program under
section 2303 and receive financial assistance under
this section shall be required to enter into an
agreement with the Secretary in which the member
agrees--
[(A) within such time as the Secretary may
require, to obtain certification or licensing
as an elementary school teacher, secondary
school teacher, or vocational or technical
teacher, and to become a highly qualified
teacher; and
[(B) to accept an offer of full-time
employment as an elementary school teacher,
secondary school teacher, or vocational or
technical teacher for not less than 3 school
years with a high-need local educational agency
or public charter school, as such terms are
defined in section 2101, to begin the school
year after obtaining that certification or
licensing.
[(2) Waiver.--The Secretary may waive the 3-year
commitment described in paragraph (1)(B) for a
participant if the Secretary determines such waiver to
be appropriate. If the Secretary provides the waiver,
the participant shall not be considered to be in
violation of the agreement and shall not be required to
provide reimbursement under subsection (f), for failure
to meet the 3-year commitment.
[(b) Violation of Participation Agreement; Exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
subsection (a) during any period in which the participant--
[(1) is pursuing a full-time course of study related
to the field of teaching at an institution of higher
education;
[(2) is serving on active duty as a member of the
Armed Forces;
[(3) is temporarily totally disabled for a period of
time not to exceed 3 years as established by sworn
affidavit of a qualified physician;
[(4) is unable to secure employment for a period not
to exceed 12 months by reason of the care required by a
spouse who is disabled;
[(5) is a highly qualified teacher who is seeking and
unable to find full-time employment as a teacher in an
elementary school or secondary school or as a
vocational or technical teacher for a single period not
to exceed 27 months; or
[(6) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
Secretary.
[(c) Stipend for Participants.--
[(1) Stipend authorized.--Subject to paragraph (2),
the Secretary may pay to a participant in the Program
selected under section 2303 a stipend in an amount of
not more than $5,000.
[(2) Limitation.--The total number of stipends that
may be paid under paragraph (1) in any fiscal year may
not exceed 5,000.
[(d) Bonus for Participants.--
[(1) Bonus authorized.--Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under
subsection (c), pay a bonus of $10,000 to a participant
in the Program selected under section 2303 who agrees
in the participation agreement under subsection (a) to
become a highly qualified teacher and to accept full-
time employment as an elementary school teacher,
secondary school teacher, or vocational or technical
teacher for not less than 3 school years in a high-need
school.
[(2) Limitation.--The total number of bonuses that
may be paid under paragraph (1) in any fiscal year may
not exceed 3,000.
[(3) High-need school defined.--In this subsection,
the term ``high-need school'' means a public elementary
school, public secondary school, or public charter
school that meets one or more of the following
criteria:
[(A) Low-income children.--At least 50
percent of the students enrolled in the school
were from low-income families (as described in
section 2302(b)(2)(A)(i)).
[(B) Children with disabilities.--The school
has a large percentage of students who qualify
for assistance under part B of the Individuals
with Disabilities Education Act.
[(e) Treatment of Stipend and Bonus.--A stipend or bonus paid
under this section to a participant in the Program shall be
taken into account in determining the eligibility of the
participant for Federal student financial assistance provided
under title IV of the Higher Education Act of 1965.
[(f) Reimbursement Under Certain Circumstances.--
[(1) Reimbursement required.--A participant in the
Program who is paid a stipend or bonus under this
section shall be required to repay the stipend or bonus
under the following circumstances:
[(A) Failure to obtain qualifications or
employment.--The participant fails to obtain
teacher certification or licensing, to become a
highly qualified teacher, or to obtain
employment as an elementary school teacher,
secondary school teacher, or vocational or
technical teacher as required by the
participation agreement under subsection (a).
[(B) Termination of employment.--The
participant voluntarily leaves, or is
terminated for cause from, employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher
during the 3 years of required service in
violation of the participation agreement.
[(C) Failure to complete service under
reserve commitment agreement.--The participant
executed a written agreement with the Secretary
concerned under section 2303(e)(2) to serve as
a member of a reserve component of the Armed
Forces for a period of 3 years and fails to
complete the required term of service.
[(2) Amount of reimbursement.--A participant required
to reimburse the Secretary for a stipend or bonus paid
to the participant under this section shall pay an
amount that bears the same ratio to the amount of the
stipend or bonus as the unserved portion of required
service bears to the 3 years of required service. Any
amount owed by the participant shall bear interest at
the rate equal to the highest rate being paid by the
United States on the day on which the reimbursement is
determined to be due for securities having maturities
of 90 days or less and shall accrue from the day on
which the participant is first notified of the amount
due.
[(3) Treatment of obligation.--The obligation to
reimburse the Secretary under this subsection is, for
all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11, United States
Code, shall not release a participant from the
obligation to reimburse the Secretary under this
subsection.
[(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under
this subsection if the participant becomes permanently
totally disabled as established by sworn affidavit of a
qualified physician. The Secretary may also waive the
reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
[(g) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Program of a
stipend or bonus under this section shall not reduce or
otherwise affect the entitlement of the participant to any
benefits under chapter 30 of title 38, United States Code, or
chapter 1606 of title 10, United States Code.
[SEC. 2305. PARTICIPATION BY STATES.
[(a) Discharge of State Activities Through Consortia of
States.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such States.
[(b) Assistance to States.--
[(1) Grants authorized.--Subject to paragraph (2),
the Secretary may make grants to States participating
in the Program, or to consortia of such States, in
order to permit such States or consortia of States to
operate offices for purposes of recruiting eligible
members of the Armed Forces for participation in the
Program and facilitating the employment of participants
in the Program as elementary school teachers, secondary
school teachers, and vocational or technical teachers.
[(2) Limitation.--The total amount of grants made
under paragraph (1) in any fiscal year may not exceed
$5,000,000.
[SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION
PROGRAMS.
[(a) Purpose.--The purpose of this section is to provide
funding to develop, implement, and demonstrate teacher
certification programs.
[(b) Development, Implementation and Demonstration.--The
Secretary may enter into a memorandum of agreement with a State
educational agency, an institution of higher education, or a
consortia of State educational agencies or institutions of
higher education, to develop, implement, and demonstrate
teacher certification programs for members of the Armed Forces
described in section 2303(a)(1)(B) for the purpose of assisting
such members to consider and prepare for a career as a highly
qualified elementary school teacher, secondary school teacher,
or vocational or technical teacher upon retirement from the
Armed Forces.
[(c) Program Elements.--A teacher certification program under
subsection (b) shall--
[(1) provide recognition of military experience and
training as related to certification or licensing
requirements;
[(2) provide courses of instruction that may be
conducted on or near a military installation;
[(3) incorporate alternative approaches to achieve
teacher certification, such as innovative methods to
gaining field-based teaching experiences, and
assessment of background and experience as related to
skills, knowledge, and abilities required of elementary
school teachers, secondary school teachers, or
vocational or technical teachers;
[(4) provide for courses to be delivered via distance
education methods; and
[(5) address any additional requirements or
specifications established by the Secretary.
[(d) Application Procedures.--
[(1) In general.--A State educational agency or
institution of higher education (or a consortium of
State educational agencies or institutions of higher
education) that desires to enter into a memorandum
under subsection (b) shall prepare and submit to the
Secretary a proposal, at such time, in such manner, and
containing such information as the Secretary may
require, including an assurance that the State
educational agency, institution, or consortium is
operating a program leading to State approved teacher
certification.
[(2) Preference.--The Secretary shall give preference
to State educational agencies, institutions, and
consortia that submit proposals that provide for cost
sharing with respect to the program involved.
[(e) Continuation of Programs.--Upon successful completion of
the demonstration phase of teacher certification programs
funded under this section, the continued operation of the
teacher certification programs shall not be the responsibility
of the Secretary. A State educational agency, institution, or
consortium that desires to continue a program that is funded
under this section after such funding is terminated shall use
amounts derived from tuition charges to continue such program.
[(f) Funding Limitation.--The total amount obligated by the
Secretary under this section for any fiscal year may not exceed
$10,000,000.
[SEC. 2307. REPORTING REQUIREMENTS.
[(a) Report Required.--Not later than March 31, 2006, the
Secretary (in consultation with the Secretary of Defense and
the Secretary of Homeland Security) and the Comptroller General
of the United States shall submit to Congress a report on the
effectiveness of the Program in the recruitment and retention
of qualified personnel by local educational agencies and public
charter schools.
[(b) Elements of Report.--The report submitted under
subsection (a) shall include information on the following:
[(1) The number of participants in the Program.
[(2) The schools in which the participants are
employed.
[(3) The grade levels at which the participants
teach.
[(4) The academic subjects taught by the
participants.
[(5) The rates of retention of the participants by
the local educational agencies and public charter
schools employing the participants.
[(6) Such other matters as the Secretary or the
Comptroller General of the United States, as the case
may be, considers to be appropriate.
[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.] 2361. PURPOSE.
The purpose of this subpart is to provide teachers,
[principals] school leaders, and other school professionals the
tools they need to undertake reasonable actions to maintain
order, discipline, and an appropriate educational environment.
SEC. [2364.] 2362. 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.] 2363. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) * * *
* * * * * * *
SEC. [2366.] 2364. LIMITATION ON LIABILITY FOR TEACHERS.
(a) * * *
(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) * * *
* * * * * * *
[ate 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.
* * * * * * *
SEC. [2367.] 2365. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.
(a) * * *
* * * * * * *
SEC. [2363.] 2366. DEFINITIONS.
For purposes of this subpart:
(1) * * *
* * * * * * *
(6) Teacher.--The term ``teacher'' means--
(A) a teacher, instructor, [principal] school
leader, or administrator;
* * * * * * *
[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.]
PART D--GENERAL PROVISIONS
SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
In this title, the term ``local educational agency'' includes
a charter school (as defined in section 5101) that, in the
absence of this section, would not have received funds under
this title.
SEC. 2402. PARENTS' RIGHT TO KNOW.
At the beginning of each school year, a local educational
agency that receives funds under this title shall notify the
parents of each student attending any school receiving funds
under this title 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.
SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
Funds received under this title shall be used to supplement,
and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this title.
[TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 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.
[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.
[Subpart 1--Grants and Subgrants for English Language Acquisition and
Language Enhancement
[SEC. 3111. FORMULA GRANTS TO STATES.
[(a) In General.--In the case of each State educational
agency having a plan approved by the Secretary for a fiscal
year under section 3113, the Secretary shall make a grant for
the year to the agency for the purposes specified in subsection
(b). The grant shall consist of the allotment determined for
the State educational agency under subsection (c).
[(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) to award subgrants, from allocations
under section 3114, to eligible entities to
carry out the activities described in section
3115 (other than subsection (e)); and
[(B) to award subgrants under section
3114(d)(1) to eligible entities that are
described in that section to carry out the
activities described in section 3115(e).
[(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.
[(3) 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
administrative costs of carrying out paragraphs (1) and
(2).
[(c) Reservations and Allotments.--
[(1) Reservations.--From the amount appropriated
under section 3001(a) for each fiscal year, the
Secretary shall reserve--
[(A) 0.5 percent or $5,000,000 of such
amount, whichever is greater, for payments to
eligible entities that are defined under
section 3112(a) for activities, approved by the
Secretary, consistent with this subpart;
[(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;
[(C) 6.5 percent of such amount for national
activities under sections 3131 and 3303, 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;
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) State allotments.--
[(A) In general.--Except as provided in
subparagraph (B), from the amount appropriated
under section 3001(a) 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; 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.
[(B) Minimum allotments.--No State
educational agency shall receive an allotment
under this paragraph that is less than
$500,000.
[(C) Reallotment.--If any State educational
agency described in subparagraph (A) does not
submit a plan to the Secretary for a fiscal
year, or submits a plan (or any amendment to a
plan) that the Secretary, after reasonable
notice and opportunity for a hearing,
determines does not satisfy the requirements of
this subpart, the Secretary--
[(i) shall endeavor to make the
State's allotment available on a
competitive basis to specially
qualified agencies within the State to
satisfy the requirements of section
3115 (and any additional requirements
that the Secretary may impose),
consistent with the purposes of such
section, and to carry out required and
authorized activities under such
section; and
[(ii) shall reallot any portion of
such allotment remaining after the
application of clause (i) to the
remaining State educational agencies in
accordance with subparagraph (A).
[(D) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal
year under subparagraph (A) shall not exceed
0.5 percent of the total amount allotted to all
States for that fiscal year.
[(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. 3112. NATIVE AMERICAN AND ALASKA NATIVE 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 children (including Alaska
Native children), the following shall be considered to be an
eligible entity:
[(1) An Indian tribe.
[(2) A tribally sanctioned educational authority.
[(3) A Native Hawaiian or Native American Pacific
Islander native language educational organization.
[(4) An elementary school or secondary school that is
operated or funded by the Bureau of Indian Affairs, or
a consortium of such schools.
[(5) An elementary school or secondary school
operated under a contract with or grant from the Bureau
of Indian Affairs, in consortium with another such
school or a tribal or community organization.
[(6) An elementary school or secondary school
operated by the Bureau of Indian Affairs and an
institution of higher education, in consortium with an
elementary school or secondary school operated under a
contract with or grant from the Bureau of Indian
Affairs or a tribal or community organization.
[(b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity
that is considered to be an eligible entity under subsection
(a), and that desires to receive Federal financial assistance
under this subpart, shall submit an application to the
Secretary.
[(c) Special Rule.--An eligible entity described in
subsection (a) that receives Federal financial assistance
pursuant to this section shall not be eligible to receive a
subgrant under section 3114.
[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
require.
[(b) Contents.--Each plan submitted under subsection (a)
shall--
[(1) describe the process that the agency will use in
making 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.
[(c) Approval.--The Secretary, after using a peer review
process, shall approve a plan submitted under subsection (a) if
the plan meets the requirements of this section.
[(d) Duration of Plan.--
[(1) In general.--Each plan submitted by a State
educational agency or specially qualified agency and
approved under subsection (c) shall--
[(A) remain in effect for the duration of the
agency's participation under this part; and
[(B) be periodically reviewed and revised by
the agency, as necessary, to reflect changes to
the agency's strategies and programs carried
out under this part.
[(2) Additional information.--
[(A) Amendments.--If the State educational
agency or specially qualified agency amends the
plan, the agency shall submit such amendment to
the Secretary.
[(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.
[(e) Consolidated Plan.--A plan submitted under subsection
(a) may be submitted as part of a consolidated plan under
section 9302.
[(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) 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 in schools served by the
eligible entity bears to the population of limited English
proficient children in schools served by all eligible entities
in the State.
[(b) Limitation.--A State educational agency shall not award
a subgrant from an allocation made under subsection (a) if the
amount of such subgrant would be less than $10,000.
[(c) Reallocation.--Whenever a State educational agency
determines that an amount from an allocation made to an
eligible entity under subsection (a) for a fiscal year will not
be used by the entity for the purpose for which the allocation
was made, the agency shall, in accordance with such rules as it
determines to be appropriate, reallocate such amount,
consistent with such subsection, to other eligible entities in
the State that the agency determines will use the amount to
carry out that purpose.
[(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) 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) shall equally consider eligible entities
that satisfy the requirement of such paragraph
but have limited or no experience in serving
immigrant children and youth; and
[(B) shall consider the quality of each local
plan under section 3116 and ensure that each
subgrant is of sufficient size and scope to
meet the purposes of this part.
[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. 3116. LOCAL PLANS.
[(a) Plan Required.--Each eligible entity desiring a subgrant
from the State educational agency under section 3114 shall
submit a plan to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may require.
[(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.
[(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
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. 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. REPORTING REQUIREMENTS.
[(a) States.--Based upon the evaluations 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.
[(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 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) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this part to teach
limited English proficient children;
[(3) containing a critical synthesis of data reported
by eligible entities to States under section 3121(a);
[(4) containing a description of technical assistance
and other assistance provided by State educational
agencies under section 3111(b)(2)(C);
[(5) 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;
[(6) containing the major findings of scientifically
based research carried out under this part;
[(7) containing the number of programs or activities,
if any, that were terminated because the entities
carrying out the programs or activities were not able
to reach program goals;
[(8) containing the number of limited English
proficient children 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
when applicable.
[SEC. 3124. COORDINATION WITH RELATED PROGRAMS.
[In order to maximize Federal efforts aimed at serving the
educational needs of children of limited English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other entities carrying out programs serving language-
minority and limited English proficient children that are
administered by the Department and other agencies.
[SEC. 3125. RULES OF CONSTRUCTION.
[Nothing in this part shall be construed--
[(1) 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;
[(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; or
[(3) to limit the preservation or use of Native
American languages.
[SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.
[Nothing in this part shall be construed to negate or
supersede State law, or the legal authority under State law of
any State agency, State entity, or State public official, over
programs that are under the jurisdiction of the State agency,
entity, or official.
[SEC. 3127. CIVIL RIGHTS.
[Nothing in this part shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
[SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
[Notwithstanding any other provision of this part, programs
authorized under this part 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. 3129. 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.
[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.
[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.
[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 a description 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--GENERAL PROVISIONS
[SEC. 3301. DEFINITIONS.
[Except as otherwise provided, in this title:
[(1) Child.--The term ``child'' means any individual
aged 3 through 21.
[(2) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness,
Indian tribe, or tribally sanctioned educational
authority, that is representative of a community or
significant segments of a community and that provides
educational or related services to individuals in the
community. Such term includes a Native Hawaiian or
Native American Pacific Islander native language
educational organization.
[(3) Community college.--The term ``community
college'' means an institution of higher education as
defined in section 101 of the Higher Education Act of
1965 that provides not less than a 2-year program that
is acceptable for full credit toward a bachelor's
degree, including institutions receiving assistance
under the Tribally Controlled Colleges and Universities
Assistance Act of 1978.
[(4) Director.--The term ``Director'' means the
Director of the Office of English Language Acquisition,
Language Enhancement, and Academic Achievement for
Limited English Proficient Students established under
section 209 of the Department of Education Organization
Act.
[(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 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;
[(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) gives preference to participation by
parents and immediate family members of
children attending school.
[(6) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
[(A) are aged 3 through 21;
[(B) were not born in any State; and
[(C) have not been attending one or more
schools in any one or more States for more than
3 full academic years.
[(7) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Native village or
Regional Corporation or Village Corporation as defined
in or established pursuant to the Alaska Native Claims
Settlement Act, that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
[(8) Language instruction educational program.--The
term ``language instruction educational program'' means
an instruction course--
[(A) in which a limited English proficient
child 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) that may make instructional use of both
English and a child's native language to enable
the child to develop and attain English
proficiency, and may include the participation
of English proficient children if such course
is designed to enable all participating
children to become proficient in English and a
second language.
[(9) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the meanings given such terms in
section 103 of the Native American Languages Act.
[(10) Native hawaiian or native american pacific
islander native language educational organization.--The
term ``Native Hawaiian or Native American Pacific
Islander native language educational organization''
means a nonprofit organization with--
[(A) a majority of its governing board and
employees consisting of fluent speakers of the
traditional Native American languages used in
the organization's educational programs; and
[(B) not less than 5 years successful
experience in providing educational services in
traditional Native American languages.
[(11) Native language.--The term ``native language'',
when used with reference to an individual of limited
English proficiency, means--
[(A) the language normally used by such
individual; or
[(B) in the case of a child or youth, the
language normally used by the parents of the
child or youth.
[(12) Paraprofessional.--The term
``paraprofessional'' means an individual who is
employed in a preschool, elementary school, or
secondary school under the supervision of a certified
or licensed teacher, including individuals employed in
language instruction educational programs, special
education, and migrant education.
[(13) Specially qualified agency.--The term
``specially qualified agency'' means an eligible
entity, as defined in section 3141, in a State whose
State educational agency--
[(A) does not participate in a program under
subpart 1 of part A for a fiscal year; or
[(B) submits a plan (or any amendment to a
plan) that the Secretary, after reasonable
notice and opportunity for a hearing,
determines does not satisfy the requirements of
such subpart.
[(14) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[(15) Tribally sanctioned educational authority.--The
term ``tribally sanctioned educational authority''
means--
[(A) any department or division of education
operating within the administrative structure
of the duly constituted governing body of an
Indian tribe; and
[(B) any nonprofit institution or
organization that is--
[(i) chartered by the governing body
of an Indian tribe to operate a school
described in section 3112(a) or
otherwise to oversee the delivery of
educational services to members of the
tribe; and
[(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 of part A for
individuals served by a school
described in section 3112(a).
[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. 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, and related programs. The National Clearinghouse
shall--
[(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system supported by the Institute of
Education Sciences;
[(2) coordinate activities with Federal data and
information clearinghouses and entities operating
Federal dissemination networks and systems;
[(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs;
[(4) collect and disseminate information on--
[(A) educational research and processes
related to the education of limited English
proficient children; and
[(B) accountability systems that monitor the
academic progress of limited English proficient
children in language instruction educational
programs, including information on academic
content and English proficiency assessments for
language instruction educational programs; and
[(5) publish, on an annual basis, a list of grant
recipients under this title.
[SEC. 3304. 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, and organizations representing
teachers and other personnel involved in the education of
limited English proficient children.]
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
PART A--PARENTAL ENGAGEMENT
Subpart 1--Charter School Program
SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that the
programs for public charter schools under part B of title V be
reauthorized as such part was amended under the provisions of
H.R. 2218, as passed by the House of Representatives on
September 13, 2011, and be transferred and redesignated to this
subpart.
Subpart 2--Magnet School Assistance
SEC. 3121. PURPOSE.
The purpose of this subpart is to assist in the desegregation
of schools served by local educational agencies by providing
financial assistance to eligible local educational agencies
for--
(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
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 of magnet
school programs that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet State academic
standards;
(3) the development and design 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
career, technical, and professional skills of students
attending such schools;
(5) improving the ability of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding for the magnet
schools is terminated; and
(6) ensuring that students enrolled in the magnet
school programs have equitable access to a quality
education that will enable the students to succeed
academically and continue with postsecondary education
or employment.
SEC. 3122. DEFINITION.
For the purpose of this subpart, 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.
SEC. 3123. PROGRAM AUTHORIZED.
From the amount appropriated under section 3(b)(1)(B), the
Secretary, in accordance with this subpart, is authorized to
award grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this subpart for magnet schools that are--
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
SEC. 3124. ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this
subpart to carry out the purpose of this subpart if such agency
or consortium--
(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consortium
of such agencies, under this subpart, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
SEC. 3125. APPLICATIONS AND REQUIREMENTS.
(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this subpart shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonably
require.
(b) Information and Assurances.--Each application submitted
under subsection (a) shall include--
(1) a description of--
(A) how a grant awarded under this subpart
will be used to promote desegregation,
including 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;
(C) how the applicant will continue the
magnet school program after assistance under
this subpart is no longer available, and, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with grant funds under this subpart
cannot be continued without the use of grant
funds under this subpart;
(D) how grant funds under this subpart will
be used--
(i) to improve student academic
achievement for all students attending
the magnet school programs; and
(ii) to implement services and
activities that are consistent with
other programs under this Act, and
other Acts, as appropriate; and
(E) the criteria to be used in selecting
students to attend the proposed magnet school
program; and
(2) assurances that the applicant will--
(A) use grant funds under this subpart for
the purposes specified in section 3121;
(B) employ effective teachers in the courses
of instruction assisted under this subpart;
(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
(i) the hiring, promotion, or
assignment of employees of the
applicant or other personnel for whom
the applicant has any administrative
responsibility;
(ii) the assignment of students to
schools, or to courses of instruction
within the schools, of such applicant,
except to carry out the approved plan;
and
(iii) designing or operating
extracurricular activities for
students;
(D) carry out a quality education program
that will encourage greater parental
decisionmaking and involvement; and
(E) 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.
(c) Special Rule.--No grant shall be awarded under this
subpart unless the Assistant Secretary of Education for Civil
Rights determines that the assurances described in subsection
(b)(2)(C) will be met.
SEC. 3126. PRIORITY.
In awarding grants under this subpart, the Secretary shall
give priority to applicants that--
(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out approved desegregation plans and the
magnet school program for which the grant is sought;
(2) propose to carry out new magnet school programs,
or significantly revise existing magnet school
programs;
(3) propose to select students to attend magnet
school programs by methods such as lottery, rather than
through academic examination; and
(4) propose to serve the entire student population of
a school.
SEC. 3127. USE OF FUNDS.
(a) In General.--Grant funds made available under this
subpart may be used by an eligible local educational agency, or
consortium of such agencies--
(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers,
necessary to conduct programs in magnet schools;
(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, and instructional staff where applicable, who
are necessary to conduct programs in magnet schools;
(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
(A) are designed to make available the
special curriculum that is offered by the
magnet school program to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
(B) further the purpose of this subpart;
(5) for activities, which may include professional
development, that will build the recipient's capacity
to operate magnet school programs once the grant period
has ended;
(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.
(b) Special Rule.--Grant funds under this subpart 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
academic 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 career, technical, and professional skills.
SEC. 3128. LIMITATIONS.
(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
(b) Limitation on Planning Funds.--A local educational
agency, or consortium of such agencies, may expend for planning
(professional development shall not be considered to be
planning for purposes of this subsection) not more than 50
percent of the grant funds received under this subpart for the
first year of the program and not more than 15 percent of such
funds for each of the second and third such years.
(c) Amount.--No local educational agency, or consortium of
such agencies, awarded a grant under this subpart shall receive
more than $4,000,000 under this subpart for any 1 fiscal year.
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this subpart not later
than July 1 of the applicable fiscal year.
SEC. 3129. EVALUATIONS.
(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 3(b)(1)(B) 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 subpart.
(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 academic
improvement;
(2) the extent to which magnet school programs
enhance student access to a 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.
SEC. 3130. RESERVATION.
In any fiscal year for which the amount appropriated under
section 3(b)(1)(B) exceeds $75,000,000, the Secretary shall
give priority in using such amounts in excess of $75,000,000 to
awarding grants to local educational agencies or consortia of
such agencies that did not receive a grant under this subpart
in the preceding fiscal year.
Subpart 3--Family Engagement in Education Programs
SEC. 3141. PURPOSES.
The purposes of this subpart are the following:
(1) To provide financial support to organizations to
provide technical assistance and training to State and
local educational agencies in the implementation and
enhancement of systemic and effective family engagement
policies, programs, and activities that lead to
improvements in student development and academic
achievement.
(2) To assist State educational agencies, local
educational agencies, community-based organizations,
schools, and educators in strengthening partnerships
among parents, teachers, school leaders,
administrators, and other school personnel in meeting
the educational needs of children and fostering greater
parental engagement.
(3) To support State educational agencies, local
educational agencies, schools, educators, and parents
in developing and strengthening the relationship
between parents and their children's school in order to
further the developmental progress of children.
(4) To coordinate activities funded under this
subpart with parent involvement initiatives funded
under section 1118 and other provisions of this Act.
(5) To assist the Secretary, State educational
agencies, and local educational agencies in the
coordination and integration of Federal, State, and
local services and programs to engage families in
education.
SEC. 3142. GRANTS AUTHORIZED.
(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(b)(1)(C), the Secretary is
authorized to award grants for each fiscal year to statewide
organizations (and consortia of such organizations and State
educational agencies), to establish Statewide Family Engagement
Centers that provide comprehensive training and technical
assistance to State educational agencies, local educational
agencies, schools identified by State educational agencies and
local educational agencies, organizations that support family-
school partnerships, and other organizations that carry out, or
carry out directly, parent education and family engagement in
education programs.
(b) Minimum Award.--In awarding grants under this section,
the Secretary shall, to the extent practicable, ensure that a
grant is awarded for a Statewide Family Engagement Center in an
amount not less than $500,000.
SEC. 3143. APPLICATIONS.
(a) Submissions.--Each statewide organization, or a
consortium of such an organization and a State educational
agency, that desires a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
including the information described in subsection (b).
(b) Contents.--Each application submitted under subsection
(a) shall include, at a minimum, the following:
(1) A description of the applicant's approach to
family engagement in education.
(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the
applicant will have from the applicant, including a
letter from the applicant outlining the commitment to
work with the center.
(3) A description of the applicant's plan for
building a statewide infrastructure for family
engagement in education, that includes--
(A) management and governance;
(B) statewide leadership; or
(C) systemic services for family engagement
in education.
(4) A description of the applicant's demonstrated
experience in providing training, information, and
support to State educational agencies, local
educational agencies, schools, educators, parents, and
organizations on family engagement in education
policies and practices that are effective for parents
(including low-income parents) and families, English
learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students, including evaluation results, reporting, or
other data exhibiting such demonstrated experience.
(5) An assurance that the applicant will--
(A) establish a special advisory committee,
the membership of which includes--
(i) parents, who shall constitute a
majority of the members of the special
advisory committee;
(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children;
(iii) representatives of local
elementary schools and secondary
schools, including students;
(iv) representatives of the business
community; and
(v) representatives of State
educational agencies and local
educational agencies;
(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year
to serve local educational agencies, schools,
and community-based organizations that serve
high concentrations of disadvantaged students,
including English learners, minorities, parents
of students with disabilities, parents of
homeless students, foster parents and students,
and parents of migratory students;
(C) operate a Statewide Family Engagement
Center of sufficient size, scope, and quality
to ensure that the Center is adequate to serve
the State educational agency, local educational
agencies, and community-based organizations;
(D) ensure that the Center will retain staff
with the requisite training and experience to
serve parents in the State;
(E) serve urban, suburban, and rural local
educational agencies and schools;
(F) work with--
(i) other Statewide Family Engagement
Centers assisted under this subpart;
and
(ii) parent training and information
centers and community parent resource
centers assisted under sections 671 and
672 of the Individuals with
Disabilities Education Act;
(G) use not less than 30 percent of the funds
received under this subpart for each fiscal
year to establish or expand technical
assistance for evidence-based parent education
programs;
(H) provide assistance to State educational
agencies and local educational agencies and
community-based organizations that support
family members in supporting student academic
achievement;
(I) work with State educational agencies,
local educational agencies, schools, educators,
and parents to determine parental needs and the
best means for delivery of services to address
such needs; and
(J) conduct sufficient outreach to assist
parents, including parents who the applicant
may have a difficult time engaging with a
school or local educational agency.
SEC. 3144. USES OF FUNDS.
(a) In General.--Grantees shall use grant funds received
under this subpart, based on the needs determined under section
3143(b)(5)(I), to provide training and technical assistance to
State educational agencies, local educational agencies, and
organizations that support family-school partnerships, and
activities, services, and training for local educational
agencies, school leaders, educators, and parents--
(1) to assist parents in participating effectively in
their children's education and to help their children
meet State standards, such as assisting parents--
(A) to engage in activities that will improve
student academic achievement, including
understanding how they can support learning in
the classroom with activities at home and in
afterschool and extracurricular programs;
(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
(C) to become active participants in the
development, implementation, and review of
school-parent compacts, family engagement in
education policies, and school planning and
improvement;
(D) to participate in the design and
provision of assistance to students who are not
making academic progress;
(E) to participate in State and local
decisionmaking;
(F) to train other parents; and
(G) to help the parents learn and use
technology applied in their children's
education;
(2) to develop and implement, in partnership with the
State educational agency, statewide family engagement
in education policy and systemic initiatives that will
provide for a continuum of services to remove barriers
for family engagement in education and support school
reform efforts; and
(3) to develop, implement, and assess parental
involvement policies under sections 1112 and 1118.
(b) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year for which an organization or
consortium receives assistance under this section, the
organization or consortium shall demonstrate in the application
that a portion of the services provided by the organization or
consortium is supported through non-Federal contributions,
which may be in cash or in-kind.
(c) Technical Assistance.--The Secretary shall reserve not
more than 2 percent of the funds appropriated under section
3(b)(C) to carry out this subpart to provide technical
assistance, by grant or contract, for the establishment,
development, and coordination of Statewide Family Engagement
Centers.
(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center
from--
(1) having its employees or agents meet with a parent
at a site that is not on school grounds; or
(2) working with another agency that serves children.
(e) Parental Rights.--Notwithstanding any other provision of
this section--
(1) no person (including a parent who educates a
child at home, a public school parent, or a private
school parent) shall be required to participate in any
program of parent education or developmental screening
under this section; and
(2) no program or center assisted under this section
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
The Secretary of the Interior, in consultation with the
Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian
nonprofit parent organizations to establish and operate Family
Engagement Centers.
PART B--LOCAL ACADEMIC FLEXIBLE GRANT
SEC. 3201. PURPOSE.
The purpose of this part is to--
(1) provide local educational agencies with the
opportunity to access funds to support the initiatives
important to their schools and students to improve
academic achievement; and
(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement.
SEC. 3202. ALLOTMENTS TO STATES.
(a) Reservations.--From the funds appropriated under section
3(b)(2) for any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible
entities in carrying out programs under this part; and
(2) not more than one-half of 1 percent for payments
to the outlying areas and the Bureau of Indian
Education, 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 3(b)(2) 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
chapter B of subpart 1 of part A of title I for the
preceding fiscal year bears to the amount all States
received under that chapter 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
75 percent of the amount allotted to the State under
subsection (b) for each fiscal year for awards to
eligible entities under section 3204.
(2) Awards to nongovernmental entities to improve
student academic achievement.--Each State that receives
an allotment under subsection (b) for each fiscal year
shall reserve not less than 10 percent of the amount
allotted to the State for awards to nongovernmental
entities under section 3205.
(3) State activities and state administration.--A
State educational agency may reserve not more than 15
percent of the amount allotted to the State under
subsection (b) for each fiscal year for the following:
(A) Enabling the State educational agency--
(i) to pay the costs of developing
the State assessments and standards
required under section 1111(b), which
may include the costs of working, at
the sole discretion of the State, in
voluntary partnerships with other
States to develop such assessments and
standards; or
(ii) if the State has developed the
assessments and standards required
under section 1111(b), to administer
those assessments or carry out other
activities related to ensuring that the
State's schools and local educational
agencies are helping students meet the
State's academic standards under such
section.
(B) The administrative costs of carrying out
its responsibilities under this part, except
that not more than 5 percent of the reserved
amount may be used for this purpose.
(C) Monitoring and evaluation of programs and
activities assisted under this part.
(D) Providing training and technical
assistance under this part.
(E) Statewide academic focused programs.
(F) Sharing evidence-based and other
effective strategies with eligible entities.
SEC. 3203. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 3202 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 reserved for State-level activities;
(3) 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 reviewing how
the proposed project will help increase student
academic achievement;
(4) 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 3204(f);
(5) describes the steps the State educational agency
will take to ensure that programs implement effective
strategies, including providing ongoing technical
assistance and training, and dissemination of evidence-
based and other effective strategies;
(6) describes how the State educational agency will
consider students across all grades when making these
awards;
(7) an assurance that, other than 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
decision-making process of eligible entities as to the
expenditure of funds received by the eligible entities
under this part;
(8) describes how programs under this part will be
coordinated with programs under this Act, and other
programs as appropriate;
(9) contains an assurance that the State educational
agency--
(A) will make awards for programs for a
period of not more than 5 years; and
(B) will require each eligible entity seeking
such an award to submit a plan describing how
the project to be funded through the award will
continue after funding under this part ends, if
applicable; and
(10) contains an assurance that funds appropriated to
carry out this part will be used to supplement, and not
supplant, State and local public funds expended to
provide programs and activities authorized under this
part and other similar programs.
(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 an 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) Rule of Construction.--An application submitted by a
State educational agency pursuant to subsection (a) shall not
be approved or disapproved based upon the activities for which
the agency may make funds available to eligible entities under
section 3204 if the agency's use of funds is consistent with
section 3204(b).
SEC. 3204. 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 3202(c)(1) to eligible entities in accordance with this
section.
(b) Use of Funds.--
(1) In general.--An eligible entity that receives an
award under this part shall use the funds for
activities that--
(A) are evidence-based;
(B) will improve student academic
achievement;
(C) are allowable under State law; and
(D) focus on one or more projects from the
following two categories:
(i) Supplemental student support
activities such as before, after, or
summer school activities, tutoring, and
expanded learning time, but not
including athletics or in-school
learning activities.
(ii) Activities designed to support
students, such as academic subject
specific programs, adjunct teacher
programs, extended learning time
programs, and parent engagement, but
not including activities to--
(I) support smaller class
sizes or construction; or
(II) provide compensation or
benefits to teachers, school
leaders, other school
officials, or local educational
agency staff.
(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award
under this part shall ensure compliance with section
5501 (relating to participation of children enrolled in
private schools).
(c) 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,
including the contents required by paragraph (2).
(2) Contents.--Each application submitted under
paragraph (1) shall include--
(A) a description of the activities to be
funded and how they are consistent with
subsection (b);
(B) 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 State, local, or non-Federal funds;
(C) an assurance that the community will be
given notice of an intent to submit an
application with an opportunity for comment,
and that the application will be available for
public review after submission of the
application; and
(D) an assurance that students who benefit
from any activity funded under this part shall
continue to maintain enrollment in a public
elementary or secondary school.
(d) 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 but the review shall be limited to the likelihood
that the project will increase student academic achievement.
(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic
areas within the State, including rural, suburban, and urban
communities.
(f) Award.--A grant shall be awarded to all eligible entities
that submit an application that meets the requirements of this
section in an amount that is not less than $10,000, but there
shall be only one minimum award granted to any one local
educational agency.
(g) Duration of Awards.--Grants under this part may be
awarded for a period of not more than 5 years.
(h) Eligible Entity Defined.--In this section, the term
``eligible entity'' means--
(1) a local educational agency in partnership with a
community-based organization, business entity, or
nongovernmental entity;
(2) a consortium of local educational agencies
working in partnership with a community-based
organization, business entity, or nongovernmental
entity;
(3) a community-based organization in partnership
with a local educational agency and, if applicable, a
business entity or nongovernmental entity; or
(4) a business entity in partnership with a local
educational agency and, if applicable, a community-
based organization or nongovernmental entity.
SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
(a) In General.--From the amount reserved under section
3202(c)(2), a State educational agency shall award grants to
nongovernmental entities, including public or private
organizations, community-based or faith-based organizations,
and business entities for a program or project to increase the
academic achievement of public school students attending public
elementary or secondary schools (or both) in compliance with
the requirements in this section. Subject to the availability
of funds, the State educational agency shall award a grant to
each eligible applicant that meets the requirements in a
sufficient size and scope to support the program.
(b) Application.--The State educational agency shall require
an application that includes the following information:
(1) A description of the program or project the
applicant will use the funds to support.
(2) A description of how the applicant is using or
will use other State, local, or private funding to
support the program or project.
(3) A description of how the program or project will
help increase student academic achievement, including
the evidence to support this claim.
(4) A description of the student population the
program or project is targeting to impact, and if the
program will prioritize students in high-need local
educational agencies.
(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate
in the program or project.
(6) A description of any partnerships the applicant
has entered into with the local educational agencies or
other entities the applicant will work with, if
applicable.
(7) A description of how the applicant will work to
share evidence-based and other effective strategies
from the program or project with local educational
agencies and other entities working with students to
increase academic achievement.
(8) An assurance that students who benefit from any
program or project funded under this section shall
continue to maintain enrollment in a public elementary
or secondary school.
(c) Matching Contribution.--An eligible applicant receiving a
grant under this section 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.
(d) Review.--The State educational agency shall review the
application to ensure that--
(1) the applicant is an eligible applicant;
(2) the application clearly describes the required
elements in subsection (b);
(3) the entity meets the matching requirement
described in subsection (c); and
(4) the program is allowable and complies with
Federal, State, and local laws.
(e) Distribution of Funds.--If the application requests
exceed the funds available, the State educational agency shall
prioritize projects that support students in high-need local
educational agencies and ensure geographic diversity, including
serving rural, suburban, and urban areas.
(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative
costs.
SEC. 3206. REPORT.
Each recipient of a grant under section 3204 or 3205 shall
report to the State educational agency on--
(1) the success of the program in reaching the goals
of the program;
(2) a description of the students served by the
program and how the students' academic achievement
improved; and
(3) the results of any evaluation conducted on the
success of the program.
[TITLE IV--21ST CENTURY SCHOOLS
[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 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);
andsupervising 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 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; andC) 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 [VIII] IV--IMPACT AID
SEC. [8001.] 4001. 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] State academic
standards, it is the purpose of this title to provide financial
assistance to local educational agencies that--
(1) * * *
* * * * * * *
SEC. [8002.] 4002. 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 for a fiscal year ending prior
to October 1, [2003] 2018--
(1) that the United States owns Federal property in
the local educational agency, and that such property--
(A) * * *
* * * * * * *
[(C) had an assessed value (determined as of
the time or times when so acquired) aggregating
10 percent or more of the assessed value of--]
(C) had an assessed value according to
original records (including facsimiles or other
reproductions of those records) or other
records that the Secretary determines to be
appropriate and reliable, including Federal
agency records or local historical records,
aggregating 10 percent or more of the assessed
value of--
(i) * * *
* * * * * * *
(b) Amount.--
(1) In general.--(A)(i)(I) Subject to subclauses (II)
and (III), the amount that a local educational agency
shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2).
(II) Except as provided in subclause (III), the
Secretary may not reduce the amount of a payment under
this section to a local educational agency for a fiscal
year by (aa) the amount equal to the amount of revenue,
if any, the agency received during the previous fiscal
year from activities conducted on Federal property
eligible under this section and located in a school
district served by the agency, including amounts
received from any Federal department or agency (other
than the Department of Education) from such activities,
by reason of receipt of such revenue, or (bb) any other
amount by reason of receipt of such revenue.
(III) If the amount equal to the sum of (aa) the
proposed payment under this section to a local
educational agency for a fiscal year and (bb) the
amount of revenue described in subclause (II)(aa)
received by the agency during the previous fiscal year,
exceeds the maximum amount the agency is eligible to
receive under this section for the fiscal year
involved, then the Secretary shall reduce the amount of
the proposed payment under this section by an amount
equal to such excess amount.
(ii) For purposes of clause (i), the amount of
revenue that a local educational agency receives during
the previous fiscal year from activities conducted on
Federal property shall not include payments received by
the agency from the Secretary of Defense to support--
(I) the operation of a domestic dependent
elementary or secondary school; or
(II) the provision of a free public education
to dependents of members of the Armed Forces
residing on or near a military installation.
(B) If funds appropriated under [section 8014(a)]
section 3(c)(1) are insufficient to pay the amount
determined under subparagraph (A), the Secretary shall
calculate the payment for each eligible local
educational agency in accordance with subsection (h).
(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid
an amount under this section that, when added to the
amount such agency receives under [section 8003(b)]
section 4003(b), exceeds the maximum amount that such
agency is eligible to receive for such fiscal year
under [section 8003(b)] section 4003(b)(1)(C), or the
maximum amount that such agency is eligible to receive
for such fiscal year under this section, whichever is
greater.
[(2) Application of current levied real property tax
rate.--In calculating the amount that a local
educational agency is eligible to receive for a fiscal
year, the Secretary shall apply the current levied real
property tax rate for current expenditures levied by
fiscally independent local educational agencies, or
imputed for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
[(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal
property shall be determined on the basis of the
highest and best use of property adjacent to such
acquired Federal property as of the time such value is
determined, and provided to the Secretary, by the local
official responsible for assessing the value of real
property located in the jurisdiction of such local
educational agency for the purpose of levying a
property tax.]
(2) Determination of estimated taxable value for
eligible federal property.--
(A) In General.--Subject to subparagraph (B),
in determining the estimated taxable value of
eligible Federal property located within the
boundaries of a local educational agency for
fiscal year 2013 and each succeeding fiscal
year, the Secretary shall carry out the
following:
(i) Determine the total taxable value
of real property located within the
boundaries of such local educational
agency for the purpose of levying a
property tax for current expenditures.
(ii) Determine the per acre value of
the eligible Federal property by
dividing--
(I) the total taxable value
determined under clause (i), by
(II) the difference between
the total acres located within
the boundaries of the local
educational agency and the
number of Federal acres in that
agency eligible under this
section.
(iii) Multiply--
(I) the per acre value
calculated under clause (ii),
by
(II) the number of Federal
acres in that agency eligible
under this section.
(B) Special rule.--In a case in which a local
educational agency shares eligible Federal
property with 2 or more local educational
agencies, the local educational agency may
elect to have the Secretary--
(i) calculate the per acre value of
the eligible Federal property of each
such local educational agency in
accordance with subparagraph (A); and
(ii) carry out the calculation under
subparagraph (A)(iii) by multiplying--
(I) the average of the per
acre values of such eligible
Federal properties, by
(II) the acres of the Federal
property in that agency
eligible under this section.
(3) Application of current levied real property tax
rate.--In calculating the amount that a local
educational agency is eligible to receive for a fiscal
year, the Secretary shall apply the current levied real
property tax rate for current expenditures levied by
fiscally independent local educational agencies, or
imputed for fiscally dependent local educational
agencies, to the current annually determined estimated
taxable value of such acquired Federal property as
calculated under paragraph (2).
* * * * * * *
[(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) 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.
[(g) Former Districts.--
[(1) In general.--Where the school district of any
local educational agency described in paragraph (2) is
formed at any time after 1938 by the consolidation of
two or more former school districts, such agency may
elect (at any time such agency files an application
under section 8005) for any fiscal year after fiscal
year 1994 to have (A) the eligibility of such local
educational agency, and (B) the amount which such
agency shall be eligible to receive, determined under
this section only with respect to such of the former
school districts comprising such consolidated school
districts as such agency shall designate in such
election.
[(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is any
local educational agency that, for fiscal year 1994 or
any preceding fiscal year, applied for and was
determined eligible under section 2(c) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as
such section was in effect for such fiscal year.]
(f) Special Rule.--Beginning with fiscal year 2013, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under
such subsection were destroyed prior to fiscal year 2000 and
the agency received funds under subsection (b) in the previous
year.
(g) Former Districts.--
(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency
described in paragraph (2) is formed at any time after
1938 by the consolidation of two or more former school
districts, the local educational agency may elect to
have the Secretary determine its eligibility and any
amount for which the local educational agency is
eligible under this section for such fiscal year on the
basis of one or more of those former districts, as
designated by the local educational agency.
(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
(A) any local educational agency that, for
fiscal year 1994 or any preceding fiscal year,
applied for, and was determined to be eligible
under section 2(c) of the Act of September 20,
1950 (Public Law 874, 81st Congress) as that
section was in effect for that fiscal year; or
(B) a local educational agency formed by the
consolidation of 2 or more school districts, at
least one of which was eligible for assistance
under this section for the fiscal year
preceding the year of the consolidation, if--
(i) for fiscal years 2006 through
2012, the local educational agency
notifies the Secretary not later than
30 days after the date of enactment of
the Encouraging Innovation and
Effective Teachers Act of the
designation described in paragraph (1);
and
(ii) for fiscal year 2013, and each
subsequent fiscal year, the local
educational agency includes the
designation in its application under
section 8005 or any timely amendment to
such application.
(3) Availability of funds.--Notwithstanding any other
provision of law limiting the period during which the
Secretary may obligate funds appropriated for any
fiscal year after fiscal year 2005, the Secretary may
obligate funds remaining after final payments have been
made for any of such fiscal years to carry out this
subsection.
(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)] section
3(c)(1) 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-1995 recipients.--
[(A) In general.--The Secretary shall first
make a foundation payment to each local
educational agency that is eligible to receive
a payment under this section for the fiscal
year involved and that filed, or has been
determined pursuant to statute to have filed a
timely application, and met, or has been
determined pursuant to statute to meet, 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 the
enactment of the Improving America's Schools
Act of 1994) for any of the fiscal years 1989
through 1994.
[(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency
shall be equal to 38 percent of the local
educational agency's maximum entitlement amount
under section 2 of the Act of September 30,
1950, for fiscal year 1994 (or if the local
educational agency did not meet, or has not
been determined pursuant to statute to meet,
the eligibility requirements of section
2(a)(1)(C) of the Act of September 30, 1950 for
fiscal year 1994, the local educational
agency's maximum entitlement amount under such
section 2 for the most recent fiscal year
preceding 1994).
[(C) Insufficient appropriations.--If the
amount appropriated under section 8014(a) is
insufficient to pay the full amount determined
under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each local educational agency under this
paragraph.
[(2) Payments for 1995 recipients.--
[(A) In general.--From any amounts remaining
after making payments under paragraph (1) for
the fiscal year involved, the Secretary shall
make a payment to each eligible local
educational agency that received a payment
under this section for fiscal year 1995, or
whose application under this section for fiscal
year 1995 was determined pursuant to statute to
be timely filed for purposes of payments for
subsequent fiscal years.
[(B) Amount.--The amount of a payment under
subparagraph (A) for a local educational agency
shall be determined as follows:
[(i) Calculate the difference between
the amount appropriated to carry out
this section for fiscal year 1995 and
the total amount of foundation payments
made under paragraph (1) for the fiscal
year.
[(ii) Determine the percentage share
for each local educational agency
described in subparagraph (A) by
dividing the assessed value of the
Federal property of the local
educational agency for fiscal year 1995
determined in accordance with
subsection (b)(3), by the total
eligible national assessed value of the
eligible Federal property of all such
local educational agencies for fiscal
year 1995, as so determined.
[(iii) Multiply the percentage share
described in clause (ii) for the local
educational agency by the amount
determined under clause (i).
[(3) Subsection (i) recipients.--From any funds
remaining after making payments under paragraphs (1)
and (2) for the fiscal year involved, the Secretary
shall make payments in accordance with subsection (i).
[(4) Remaining funds.--From any funds remaining after
making payments under paragraphs (1), (2), and (3) for
the fiscal year involved--
[(A) the Secretary shall make a payment to
each local educational agency that received a
foundation payment under paragraph (1) for the
fiscal year involved in an amount that bears
the same relation to 25 percent of the
remainder as the amount the local educational
agency received under paragraph (1) for the
fiscal year involved bears to the amount all
local educational agencies received under
paragraph (1) for the fiscal year involved; and
[(B) the Secretary shall make a payment to
each local educational agency that is eligible
to receive a payment under this section for the
fiscal year involved in an amount that bears
the same relation to 75 percent of the
remainder as a percentage share determined for
the local educational agency (by dividing the
maximum amount that the agency is eligible to
receive under subsection (b) by the total of
the maximum amounts for all such agencies)
bears to the percentage share determined (in
the same manner) for all local educational
agencies eligible to receive a payment under
this section for the fiscal year involved,
except that, for the purpose of calculating a
local educational agency's maximum amount under
subsection (b), data from the most current
fiscal year shall be used.]
(1) Foundation payments.--
(A) In General.--From the amount appropriated
under section 3(c)(1) for the fiscal year
involved, the Secretary shall first make a
payment to the following local educational
agencies:
(i) Each local educational agency
that received a payment under this
section for fiscal year 2006 and was
eligible for a payment under this
section for fiscal year 2006.
(ii) Each local educational agency
that did not receive a payment under
this section for fiscal year 2006 but
was newly eligible for a payment under
this section after fiscal year 2006.
(B) Amount.--The amount of payment under
subparagraph (A) for a local educational agency
shall be determined as follows:
(i) For a local educational agency
described in subparagraph (A)(i) the
amount of payment shall be equal to 90
percent of the amount received by such
local educational agency under
subsection (b) for fiscal year 2006.
(ii) For a local educational agency
described in subparagraph (A)(ii) the
amount of payment shall be determined
by--
(I) calculating a payment
estimate for fiscal year 2006
for such local educational
agency under subsection (b) in
the same manner as payments
were determined for local
educational agencies eligible
for and receiving payments for
fiscal year 2006 under such
section; and
(II) multiplying the amount
determined under subclause (I)
by 90 percent.
(C) Foundation payment.--The amount of
payments calculated under clause (i) or (ii) of
subparagraph (B) for a local educational agency
shall be considered the local educational
agency's foundation payments for each
succeeding fiscal year.
(D) Insufficient appropriations.--If the
amount appropriated under section 3(c)(1) is
insufficient to pay the full amount determined
under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each such local educational agency under
this paragraph.
(2) Remaining funds.--From any amounts remaining
after making payments under paragraph (1) for the
fiscal year involved, the Secretary shall--
(A) sum the amounts determined for all
eligible local educational agencies under
subsection (b)(2);
(B) determine each eligible local educational
agency's proportional share of the amount
calculated under subparagraph (A); and
(C) pay each eligible local educational
agency its share of the remaining funds based
on the proportion calculated under subparagraph
(B).
[(i) Special Payments.--
[(1) In general.--For any fiscal year beginning with
fiscal year 2000 for which the amount appropriated to
carry out this section exceeds the amount so
appropriated for fiscal year 1996 and for which
subsection (b)(1)(B) applies, the Secretary shall use
the remainder described in subsection (h)(3) for the
fiscal year involved (not to exceed the amount equal to
the difference between (A) the amount appropriated to
carry out this section for fiscal year 1997 and (B) the
amount appropriated to carry out this section for
fiscal year 1996) to increase the payment that would
otherwise be made under this section to not more than
50 percent of the maximum amount determined under
subsection (b) for any local educational agency
described in paragraph (2).
[(2) Local educational agency described.--A local
educational agency described in this paragraph is a
local educational agency that--
[(A) received a payment under this section
for fiscal year 1996;
[(B) serves a school district that contains
all or a portion of a United States military
academy;
[(C) serves a school district in which the
local tax assessor has certified that at least
60 percent of the real property is federally
owned; and
[(D) 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.
[(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)] (i) 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)] (h)(2) of this section for a fiscal year, and in
calculating the amount of such payment, the Secretary--
(1) * * *
* * * * * * *
[(m) Eligibility.--
[(1) Old federal property.--Except as provided in
paragraph (2), a local educational agency that is
eligible to receive a payment under this section for
Federal property acquired by the Federal Government,
before the date of the enactment of the Impact Aid
Reauthorization Act of 2000, shall be eligible to
receive the payment only if the local educational
agency submits an application for a payment under this
section not later than 7 years after the date of the
enactment of such Act.
[(2) Combined federal property.--A local educational
agency that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government before the date of the enactment of the
Impact Aid Reauthorization Act of 2000 shall be
eligible to receive the payment if--
[(A) the Federal property, when combined with
other Federal property in the school district
served by the local educational agency acquired
by the Federal Government after the date of the
enactment of such Act, meets the requirements
of subsection (a); and
[(B) the local educational agency submits an
application for a payment under this section
not later than 7 years after the date of
acquisition of the Federal property acquired
after the date of the enactment of such Act.
[(3) New federal property.--A local educational
agency that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government after the date of the enactment of the
Impact Aid Reauthorization Act of 2000 shall be
eligible to receive the payment only if the local
educational agency submits an application for a payment
under this section not later than 7 years after the
date of acquisition.]
[(n)] (j) Loss of Eligibility.--
(1) In general.--Notwithstanding any other provision
of this section, the Secretary shall make a minimum
payment to a local educational agency described in
paragraph (2), for the first fiscal year that the
agency loses eligibility for assistance under this
section as a result of property located within the
school district served by the agency failing to meet
the definition of Federal property under section
[8013(5)(C)(iii)] 4013(5)(C)(iii), in an amount equal
to 90 percent of the amount received by the agency
under this section for the preceding year.
* * * * * * *
SEC. [8003.] 4003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--
(1) In general.--For the purpose of computing the
amount that a local educational agency is eligible to
receive under subsection (b) or (d) for any fiscal
year, the Secretary shall determine the number of
children who were in average daily attendance in the
schools of such agency (including those children
enrolled in such agency as a result of the open
enrollment policy of the State in which the agency is
located, but not including children who are enrolled in
a distance education program at such agency and who are
not residing within the geographic boundaries of such
agency), and for whom such agency provided free public
education, during the preceding school year and who,
while in attendance at such schools--
(A)
* * *
* * * * * * *
(4) Military installation and indian housing
undergoing renovation [or rebuilding], rebuilding, or
authorized for demolition.--
(A) In general.--(i) For purposes of
computing the amount of a payment for a local
educational agency for children described in
paragraph (1)(D)(i), the Secretary shall
consider such children to be children described
in paragraph (1)(B) if the Secretary
determines, on the basis of a certification
provided to the Secretary by a designated
representative of the Secretary of Defense,
that such children would have resided in
housing on Federal property in accordance with
paragraph (1)(B) except that such housing was
undergoing renovation [or rebuilding],
rebuilding, or authorized for demolition by the
Secretary of Defense or the head of another
Federal agency on the date for which the
Secretary determines the number of children
under paragraph (1).
(ii) For purposes of computing the amount of
a payment for a local educational agency that
received a payment for children that resided on
Indian lands in accordance with paragraph
(1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is
making an application, the Secretary shall
consider such children to be children described
in paragraph (1)(C) if the Secretary
determines, on the basis of a certification
provided to the Secretary by a designated
representative of the Secretary of the Interior
or the Secretary of Housing and Urban
Development, that such children would have
resided in housing on Indian lands in
accordance with paragraph (1)(C) except that
such housing was undergoing renovation [or
rebuilding], rebuilding, or authorized for
demolition by the Secretary of Defense or the
head of another Federal agency on the date for
which the Secretary determines the number of
children under paragraph (1).
(B) Limitations.--(i)(I) Children described
in paragraph (1)(D)(i) may be deemed to be
children described in paragraph (1)(B) with
respect to housing on Federal property
undergoing renovation [or rebuilding],
rebuilding, or authorized for demolition by the
Secretary of Defense or the head of another
Federal agency in accordance with subparagraph
(A)(i) for a period not to exceed [3 fiscal
years] 4 fiscal years (which are not required
to run consecutively).
(II) The number of children described in
paragraph (1)(D)(i) who are deemed to be
children described in paragraph (1)(B) with
respect to housing on Federal property
undergoing renovation [or rebuilding],
rebuilding, or authorized for demolition by the
Secretary of Defense or the head of another
Federal agency in accordance with subparagraph
(A)(i) for any fiscal year may not exceed the
maximum number of children who are expected to
occupy that housing upon completion of the
renovation [or rebuilding], rebuilding, or
authorized for demolition by the Secretary of
Defense or the head of another Federal agency.
(ii)(I) Children that resided on Indian lands
in accordance with paragraph (1)(C) for the
fiscal year prior to the fiscal year for which
the local educational agency is making an
application may be deemed to be children
described in paragraph (1)(C) with respect to
housing on Indian lands undergoing renovation
[or rebuilding], rebuilding, or authorized for
demolition by the Secretary of Defense or the
head of another Federal agency in accordance
with subparagraph (A)(ii) for a period not to
exceed [3 fiscal years] 4 fiscal years (which
are not required to run consecutively).
(II) The number of children that resided on
Indian lands in accordance with paragraph
(1)(C) for the fiscal year prior to the fiscal
year for which the local educational agency is
making an application who are deemed to be
children described in paragraph (1)(C) with
respect to housing on Indian lands undergoing
renovation [or rebuilding], rebuilding, or
authorized for demolition by the Secretary of
Defense or the head of another Federal agency
in accordance with subparagraph (A)(ii) for any
fiscal year may not exceed the maximum number
of children who are expected to occupy that
housing upon completion of the renovation [or
rebuilding], rebuilding, or authorized for
demolition by the Secretary of Defense or the
head of another Federal agency.
(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, 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
upon which such housing is situated.
* * * * * * *
(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
(1) Basic support payments.--
(A) In general.--From the amount appropriated
under [section 8014(b)] section 3(c)(2) for a
fiscal year, the Secretary is authorized to
make basic support payments to eligible local
educational agencies with children described in
subsection (a).
* * * * * * *
[(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.]
* * * * * * *
(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
(A) In general.--(i) From the amount
appropriated under [section 8014(b)] section
3(c)(2) for a fiscal year, the Secretary is
authorized to make basic support payments to
eligible heavily impacted local educational
agencies with children described in subsection
(a).
(ii) A local educational agency that receives
a basic support payment under this paragraph
for a fiscal year shall not be eligible to
receive a basic support payment under paragraph
(1) for that fiscal year.
(iii) The Secretary shall--
(I) deem each local educational
agency that received a basic support
payment under this paragraph for fiscal
year 2009 as eligible to receive a
basic support payment under this
paragraph for each of fiscal years
2010, 2011, and 2012; and
(II) make a payment to each such
local educational agency under this
paragraph for each of fiscal years
2010, 2011, and 2012.
(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).]
(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
2012 and is
located in a
State that by
State law has
eliminated ad
valorem tax as
a revenue for
local
educational
agencies;
(III) is a local educational
agency that--
(aa) has an
enrollment of children
described in subsection
(a)(1) that constitutes
a percentage of the
total student
enrollment of the
agency that is not less
than 20 percent;
(bb) for the 3 fiscal
years preceding the
fiscal year for which
the determination is
made, the average
enrollment of children
who are not described
in subsection (a)(1)
and who are eligible
for a free or reduced
price lunch under the
Richard B. Russell
National School Lunch
Act constitutes a
percentage of the total
student enrollment of
the agency that is not
less than 65 percent;
and
(cc) has a tax rate
for general fund
purposes which is not
less than 125 percent
of the average tax rate
for general fund
purposes for comparable
local educational
agencies in the State;
(IV) is a local educational
agency that has a total student
enrollment of not less than
25,000 students, of which--
(aa) not less than 50
percent are children
described in subsection
(a)(1); and
(bb) not less than
5,500 of such children
are children described
in subparagraphs (A)
and (B) of subsection
(a)(1); or
(V) is a local educational
agency that--
(aa) has an
enrollment of children
described in subsection
(a)(1) including, for
purposes of determining
eligibility, those
children described in
subparagraphs (F) and
(G) of such subsection,
that is not less than
35 percent of the total
student enrollment of
the agency; and
(bb) was eligible to
receive assistance
under subparagraph (A)
for fiscal year 2001.
(ii) Loss of eligibility.--[A
heavily]
(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
fails to meet the requirements
of clause (i) for a fiscal year
by reason of having a tax rate
for general fund purposes that
falls below 95 percent of the
average tax rate for general
fund purposes of comparable
local educational agencies in
the State, subclause (I) shall
be applied as if ``and the
subsequent fiscal year'' were
inserted before the period at
the end.
* * * * * * *
[(C) 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)] (C) Maximum amount for [regular]
heavily impacted local educational agencies.--
(i) [Except as provided in subparagraph (E)]
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)[(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.] (I)(aa) For a local
educational agency with respect to which 35
percent or more of the total student enrollment
of the schools of the agency are children
described in subparagraph (D) or (E) (or a
combination thereof) of subsection (a)(1), and
that has an enrollment of children described in
subparagraphs (A), (B), or (C) of such
subsection equal to at least 10 percent of the
agency's total enrollment, the Secretary shall
calculate the weighted student units of those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
(bb) Notwithstanding subitem (aa), a local
educational agency that received a payment
under this paragraph for fiscal year 2006 shall
not be required to have an enrollment of
children described in subparagraphs (A), (B),
or (C) of subsection (a)(1) equal to at least
10 percent of the agency's total enrollment.
* * * * * * *
(III) For a local educational agency that
does not qualify under [(B)(i)(II)(aa)]
subparagraph (B)(i)(I) 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)] (D) Maximum amount for large heavily
impacted local educational agencies.--(i)(I) *
* *
(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] 5,500 of such children are
children described in subparagraphs (A) and (B)
of subsection (a)(1).
* * * * * * *
[(F)] (E) Data.--For purposes of providing
assistance under this paragraph the
[Secretary--
[(i) shall use] 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;
[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)] (F) 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)] subparagraph
(B)(i)(II)(bb)), the Secretary shall use
either--
(i) * * *
* * * * * * *
[(H)] (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)]
subparagraph (B), (C), or (D), as the
case may be, [by reason of] due to 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 [(D) or
(E)] (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 [(D) or (E)]
(C) or (D) under which the agency was
paid during the prior fiscal year.
* * * * * * *
(3) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
(A) In general.--For any fiscal year in which
the sums appropriated under [section 8014(b)]
section 3(c)(2) are insufficient to pay to each
local educational agency the full amount
computed under paragraphs (1) and (2), the
Secretary shall make payments in accordance
with this paragraph.
(B) Learning opportunity threshold payments
in lieu of payments under paragraph (1).--(i) *
* *
* * * * * * *
[(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, but which enrolls students described in
subparagraphs (A), (B), and (D) of subsection
(a)(1) only in grades 9 through 12, and which
received a final payment in fiscal year 2009
calculated under this paragraph (as this
paragraph was in effect on the day before the
date of enactment of the Encouraging Innovation
and Effective Teachers Act) for students in
grades 9 through 12, the Secretary shall, in
calculating the agency's payment, consider only
that portion of such agency's total enrollment
of students in grades 9 through 12 when
calculating the percentage under clause (i)(I)
and only that portion of the total current
expenditures attributed to the operation of
grades 9 through 12 in such agency when
calculating the percentage under clause
(i)(II).
* * * * * * *
(v) In the case of a local educational agency
that is providing a program of distance
education to children not residing within the
geographic boundaries of the agency, the
Secretary shall--
(I) for purposes of the calculation
under clause (i)(I), disregard such
children from the total number of
children in average daily attendance at
the schools served by such agency; and
(II) for purposes of the calculation
under clause (i)(II), disregard any
funds received for such children from
the total current expenditures for such
agency.
(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), as
the case may be] paragraph (2)(D).
[(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 any fiscal
year described in subparagraph (A) for which
the sums available exceed the amount required
to pay each local educational agency 100
percent of its threshold payment, the Secretary
shall distribute the excess sums to each
eligible local educational agency that has not
received its full amount computed under
paragraph (1) or (2) (as the case may be) by
multiplying--
(i) a percentage, the denominator of
which is the difference between the
full amount computed under paragraph
(1) or (2) (as the case may be) for all
local educational agencies and the
amount of the threshold payment (as
calculated under subparagraphs (B) and
(C)) of all local educational agencies,
and the numerator of which is the
aggregate of the excess sums, by;
(ii) the difference between the full
amount computed under paragraph (1) or
(2) (as the case may be) for the agency
and the amount of the threshold payment
as calculated under subparagraphs (B)
and (C) of the agency.
(E) Insufficient payments.--For each fiscal
year described in subparagraph (A) for which
the sums appropriated under section 3(c)(2) are
insufficient to pay each local educational
agency all of the local educational agency's
threshold payment described in subparagraph
(D), the Secretary shall ratably reduce the
payment to each local educational agency under
this paragraph.
(F) Increases.--If the sums appropriated
under section 3(c)(2) are sufficient to
increase the threshold payment above the 100
percent threshold payment described in
subparagraph (D), then the Secretary shall
increase payments on the same basis as such
payments were reduced, except no local
educational agency may receive a payment amount
greater than 100 percent of the maximum payment
calculated under this subsection.
(4) States with only one local educational agency.--
(A) In general.--In any of the 50 States of
the United States in which there is only one
local educational agency, the Secretary shall,
for purposes of subparagraphs (B) and (C) of
paragraph (1) or subparagraphs (B) [through
(D)] and (C) of paragraph (2), as the case may
be, paragraph (3) of this subsection, and
subsection (e), consider each administrative
school district in the State to be a separate
local educational agency.
(B) Computation of maximum amount of basic
support payment and threshold payment.--In
computing the maximum payment amount under
paragraph (1)(C) or [subparagraph (D) or (E)]
subparagraph (C) or (D) of paragraph (2), as
the case may be, and the learning opportunity
threshold payment under subparagraph (B) or (C)
of paragraph (3), as the case may be, for an
administrative school district described in
subparagraph (A)--
(i) * * *
* * * * * * *
(c) Prior Year Data.--
(1) * * *
[(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) subparagraph (F) and (G)
of subsection (a)(1), but only
to the extent such children are
civilian dependents of
employees of the Department of
Defense or the Department of
Interior; and
(ii) that is the direct result of
closure or realignment of military
installations under the base closure
process or the relocation of members of
the Armed Forces and civilian employees
of the Department of Defense as part of
the force structure changes or
movements of units or personnel between
military installations or because of
actions initiated by the Secretary of
the Interior or the head of another
Federal agency; or
(C) was eligible to receive a payment under
this section for the previous fiscal year and
has had an increase in enrollment (as
determined by the Secretary)--
(i) of not less than 10 percent of
children described in subsection (a)(1)
or not less than 100 of such children;
and
(ii) that is the direct result of the
closure of a local educational agency
that received a payment under
subsection (b)(1) or (b)(2) in the
previous fiscal year.
(d) Children With Disabilities.--
(1) In general.--From the amount appropriated under
[section 8014(c)] section 3(c)(3) for a fiscal year,
the Secretary shall pay to each eligible local
educational agency, on a pro rata basis, the amounts
determined by--
(A) * * *
* * * * * * *
(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.
[(2) Maximum amount.--The total amount provided to a
local educational agency under subparagraph (A) or (B)
of paragraph (1) for a fiscal year shall not exceed the
maximum basic support payment amount for such agency
determined under paragraph (1) or (2) of subsection
(b), as the case may be.]
(1) In general.--Subject to paragraph (2), the total
amount the Secretary shall pay a local educational
agency under subsection (b)--
(A) for fiscal year 2013, shall not be less
than 90 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2012;
(B) for fiscal year 2014, shall not be less
than 85 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2012; and
(C) for fiscal year 2015, shall not be less
than 80 percent of the total amount that the
local educational agency received under
subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for
fiscal year 2012.
(2) Maximum amount.--The total amount provided to a
local educational agency under subparagraph (A), (B),
or C of paragraph (1) for a fiscal year shall not
exceed the maximum basic support payment amount for
such agency determined under paragraph (1) or (2) of
subsection (b), as the case may be, for such fiscal
year.
* * * * * * *
[(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.] 4004. 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] section 4003 shall establish
policies and procedures to ensure that--
(1) * * *
* * * * * * *
(b) Records.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under [section 8003] section 4003 shall maintain records
demonstrating such agency's compliance with the requirements
contained in subsection (a).
(c) Waiver.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under [section 8003] section 4003 shall not be required to
comply with the requirements of subsections (a) and (b) for any
fiscal year with respect to any Indian tribe from which such
agency has received a written statement that the agency need
not comply with those subsections because the tribe is
satisfied with the provision of educational services by such
agency to such children.
(e) Complaints.--
(1)
* * *
* * * * * * *
(8) Withholding.--If the local educational agency
rejects the determination of the Secretary, or if the
remedy required is not undertaken within the time
established and the Secretary determines that an
extension of the time established will not effectively
encourage the remedy required, the Secretary shall
withhold payment of all moneys to which such local
agency is eligible under [section 8003] section 4003
until such time as the remedy required is undertaken,
except where the complaining tribe or its designee
formally requests that such funds be released to the
local educational agency, except that the Secretary may
not withhold such moneys during the course of the
school year if the Secretary determines that such
withholding would substantially disrupt the educational
programs of the local educational agency.
(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] Bureau of Indian Education
or by contract with the Bureau of Indian Affairs, 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]
section 4003. 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.] 4005. APPLICATION FOR PAYMENTS UNDER SECTIONS [8002 AND
8003] 4002 AND 4003.
(a) In General.--A local educational agency desiring to
receive a payment under [section 8002] section 4002 or [8003]
4003 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) * * *
(2) where applicable, an assurance that such agency
is in compliance with section [8004] 4004 (relating to
children residing on Indian lands).
* * * * * * *
(d) Approval.--
(1) * * *
(2) Reduction in payment.--The Secretary shall
approve an application filed not more than 60 days
after a deadline established under subsection (c), or
not more than 60 days after the date on which the
Secretary sends written notice to the local educational
agency pursuant to paragraph (3)(A), as the case may
be, that otherwise meets the requirements of this
title, except that, notwithstanding section [8003(e)]
4003(e), the Secretary shall reduce the payment based
on such late application by 10 percent of the amount
that would otherwise be paid.
(3) Late applications.--
(A) Notice.--The Secretary shall, as soon as
practicable after the deadline established
under subsection (c), provide to each local
educational agency that applied for a payment
under [section 8002] section 4002 or [8003]
4003 for the prior fiscal year, and with
respect to which the Secretary has not received
an application for a payment under either such
section (as the case may be) for the fiscal
year in question, written notice of the failure
to comply with the deadline and instruction to
ensure that the application is filed not later
than 60 days after the date on which the
Secretary sends the notice.
* * * * * * *
SEC. [8007.] 4007. CONSTRUCTION.
(a) Construction Payments Authorized.--
(1) In general.--From 40 percent of the amount
appropriated for each fiscal year under section
[8014(e)] 3(c)(4), the Secretary shall make payments in
accordance with this subsection to each local
educational agency that receives a basic support
payment under [section 8003(b)] section 4003(b) for
that fiscal year.
(2) Additional requirements.--A local educational
agency that receives a basic support payment under
[section 8003(b)] section 4003(b)(1) shall also meet at
least one of the following requirements:
(A) The number of children determined under
[section 8003(a)] section 4003(a)(1)(C) for the
agency for the preceding school year
constituted at least 50 percent of the total
student enrollment in the schools of the agency
during the preceding school year.
(B) The number of children determined under
subparagraphs (B) and (D)(i) of [section
8003(a)] section 4003(a)(1) for the agency for
the preceding school year constituted at least
50 percent of the total student enrollment in
the schools of the agency during the preceding
school year.
(C) The agency is eligible under section
4003(b)(2) or is receiving basic support
payments under circumstances described in
section 4003(b)(2)(B)(ii).
(3) Amount of payments.--
(A) Local educational agencies impacted by
military dependent children.--The amount of a
payment to each local educational agency
described in this subsection that is impacted
by military dependent children for a fiscal
year shall be equal to--
(i)(II) 20 percent of the amount
appropriated under section [8014(e)]
3(c)(4) for such fiscal year; divided
by
(II) the total number of weighted
student units of children described in
subparagraphs (B) and (D)(i) of
[section 8003(a)] section 4003(a)(1)
for all local educational agencies
described in this subsection (as
calculated under [section 8003(a)]
section 4003(a)(2)), including the
number of weighted student units of
such children attending a school
facility described in [section 8008(a)]
section 4008(a) if the Secretary does
not provide assistance for the school
facility under that section for the
prior fiscal year; multiplied by
(ii) the total number of such
weighted student units for the agency.
(B) Local educational agencies impacted by
children who reside on indian lands.--The
amount of a payment to each local educational
agency described in this subsection that is
impacted by children who reside on Indian lands
for a fiscal year shall be equal to--
(i)(I) 20 percent of the amount
appropriated under section [8014(e)]
3(c)(4) for such fiscal year; divided
by
(II) the total number of weighted
student units of children described in
[section 8003(a)] section 4003(a)(1)(C)
for all local educational agencies
described in this subsection (as
calculated under [section 8003(a)]
section 4003(a)(2)); multiplied by
(ii) the total number of such
weighted student units for the agency.
(4) Use of funds.--Any local educational agency that
receives funds under this subsection shall use such
funds for construction, as defined in [section 8013(3)]
section 4013(3).
(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)] 3(c)(4), 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) the agency (or in the case of a
local educational agency that does not
have the authority to tax or issue
bonds, the agency's fiscal agent)--
(I) * * *
* * * * * * *
(III) does not meet the
requirements of subclauses (I)
and (II) but is eligible to
receive funds under [section
8003(b)] section 4003(b)(2) for
the fiscal year; and
* * * * * * *
(C) Additional eligibility for emergency and
modernization grants.--(i) A local educational
agency is eligible to receive an emergency
grant or a modernization grant under
subparagraph (B) or (D) of paragraph (2),
respectively, if the agency meets the following
requirements:
(I) The agency receives a basic
support payment under [section 8003(b)]
section 4003(b) for the fiscal year and
the agency meets at least one of the
following requirements:
(aa) The number of children
determined under [section
8003(a)] section 4003(a)(1)(C)
for the agency for the
preceding school year
constituted at least 40 percent
of the total student enrollment
in the schools of the agency
during the preceding school
year.
(bb) The number of children
determined under subparagraphs
(B) and (D)(i) of [section
8003(a)] section 4003(a)(1) for
the agency for the preceding
school year constituted at
least 40 percent of the total
student enrollment in the
schools of the agency during
the preceding school year.
(cc) At least 10 percent of
the property in the agency is
exempt from State and local
taxation under Federal law.
* * * * * * *
(ii) A local educational agency is also
eligible to receive a modernization grant under
this subparagraph if the agency is eligible to
receive assistance under [section 8002] section
4002 for the fiscal year and meets the
requirements of subclauses (II) and (III) of
clause (i).
(D) Special rule.--
(i) * * *
(ii) School described.--A school
described in this clause is a school
that meets the following requirements:
(I) * * *
(II) The school meets at
least one of the following
requirements:
(aa) The number of
children determined
under [section 8003(a)]
section 4003(a)(1)(C)
for the school for the
preceding school year
constituted at least 40
percent of the total
student enrollment in
the school during the
preceding school year.
(bb) The number of
children determined
under subparagraphs (B)
and (D)(i) of [section
8003(a)] section
4003(a)(1) for the
school for the
preceding school year
constituted at least 40
percent of the total
student enrollment in
the school during the
preceding school year.
* * * * * * *
(F) Limitations on eligibility
requirements.--The Secretary shall not limit
eligibility--
(i) under subparagraph (C)(i)(I)(aa),
to those local educational agencies in
which the number of children determined
under section 8003(a)(1)(C) for each
such agency for the preceding school
year constituted more than 40 percent
of the total student enrollment in the
schools of each such agency during the
preceding school year; and
(ii) under subparagraph
(C)(i)(I)(cc), to those local
educational agencies in which more than
10 percent of the property in each such
agency is exempt from State and local
taxation under Federal law.
(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the
Secretary shall consider the following factors:
(A) * * *
* * * * * * *
(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and
(D) of [section 8003(a)] section 4003(a)(1)
served in the school facility with the
emergency or served in the school facility
proposed for modernization, as the case may be.
* * * * * * *
(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] and in
such manner as the Secretary may require. Each
application shall contain the following:
(A) * * *
* * * * * * *
(C) In the case of an application for a
modernization grant--
(i) * * *
* * * * * * *
(iii) a listing of the school
facilities to be modernized, including
the number and percentage of children
determined under [section 8003(a)]
section 4003(a)(1) in average daily
attendance in each school facility; and
* * * * * * *
[(F) Such other information and assurances as
the Secretary may reasonably require.]
* * * * * * *
SEC. [8008.] 4008. FACILITIES.
(a) Current Facilities.--From the amount appropriated for any
fiscal year under [section 8014(f)] section 3(c)(5), the
Secretary may continue to provide assistance for school
facilities that were supported by the Secretary under section
10 of the Act of September 23, 1950 (Public Law 815, 81st
Congress) (as such Act was in effect on the day preceding the
date of the enactment of the Improving America's Schools Act of
1994).
* * * * * * *
SEC. [8009.] 4009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.
(a) * * *
(b) State Equalization Plans.--
(1) In general.--A State may reduce State aid to a
local educational agency that receives a payment under
[section 8002] section 4002 [or 8003(b)] or 4003(b)
(except the amount calculated in excess of 1.0 under
[section 8003(a)] section 4003(a)(2)(B) and, with
respect to a local educational agency that receives a
payment under [section 8003(b)] section 4003(b)(2), the
amount in excess of the amount that the agency would
receive if the agency were deemed to be an agency
eligible to receive a payment under [section 8003(b)]
section 4003(b)(1) and not [section 8003(b)] section
4003(b)(2)) for any fiscal year if the Secretary
determines, and certifies under subsection (c)(3)(A),
that the State has in effect a program of State aid
that equalizes expenditures for free public education
among local educational agencies in the State.
* * * * * * *
(c) Procedures for Review of State Equalization Plans.--
(1) Written notice.--
(A) * * *
(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.
* * * * * * *
(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
(A) * * *
(B) afford an opportunity for a hearing, in
accordance with [section 8011(a)] section
4011(a), to any local educational agency
adversely affected by such certification.
(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify
under subsection (b), the Secretary shall--
(A) * * *
(B) afford an opportunity for a hearing, in
accordance with [section 8011(a)] section
4011(a), to the State, and to any local
educational agency adversely affected by such
determination.
* * * * * * *
SEC. [8010.] 4010. FEDERAL ADMINISTRATION.
(a) * * *
* * * * * * *
(c) Special Rules.--
(1) Certain children eligible under subparagraphs (a)
and (g)(ii) of section 8003(a)(1).--(A) The Secretary
shall treat as eligible under subparagraph (A) of
[section 8003(a)] section 4003(a)(1) any child who
would be eligible under such subparagraph except that
the Federal property on which the child resides or on
which the child's parent is employed is not in the same
State in which the child attends school, if such child
meets the requirements of [paragraph (3)] paragraph (2)
of this subsection.
(B) The Secretary shall treat as eligible under
subparagraph (G) of [section 8003(a)] section
4003(a)(1) any child who would be eligible under such
subparagraph except that such child does not meet the
requirements of clause (ii) of such subparagraph, if
such child meets the requirements of [paragraph (3)]
paragraph (2) of this subsection.
(2) Requirements.--A child meets the requirements of
this paragraph if--
(A) * * *
* * * * * * *
(D) the State in which such child attends
school provides funds for the education of such
child on the same basis as all other public
school children in the State, unless otherwise
permitted under [section 8009(b)] section
4009(b) of this title; and
(E) such agency received a payment for fiscal
year 1999 under [section 8003(b)] section
4003(b) on behalf of children described in
paragraph (1).
* * * * * * *
(d) Timely Payments.--
(1) In General.--The Secretary shall pay the full
amount that a local educational agency is eligible to
receive under this title not later than September 30 of
the second fiscal year following the fiscal year for
which such amount has been appropriated if, not later
than 1 calendar year following the fiscal year in which
such amount has been appropriated, such local
educational agency submits to the Secretary all the
data and information necessary for the Secretary to pay
the full amount that the agency is eligible to receive
under this title for such fiscal year.
(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--For a fiscal year
in which the amount appropriated under section 3(c) is
insufficient to pay the full amount a local educational
agency is eligible to receive under this title,
paragraph (1) shall be applied by substituting ``is
available to pay the agency'' for ``the agency is
eligible to receive'' each place it appears.
SEC. [8011.] 4011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) Administrative Hearings.--A local educational agency and
a State that is adversely affected by any action of the
Secretary under this title [or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in effect
on the day preceding the date of enactment of the Improving
America's Schools Act of 1994)] shall be entitled to a hearing
on such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code if the
local educational agency or State, as the case may be, submits
to the Secretary a request for the hearing not later than 60
days after the date of the action of the Secretary under this
title.
* * * * * * *
SEC. [8012.] 4012. FORGIVENESS OF OVERPAYMENTS.
Notwithstanding any other provision of law, the Secretary may
forgive the obligation of a local educational agency to repay,
in whole or in part, the amount of any overpayment received
under this title, or under this title's predecessor
authorities, if the Secretary determines that the overpayment
was made as a result of an error made by--
(1) * * *
* * * * * * *
SEC. [8013.] 4013. DEFINITIONS.
For purposes of this title:
(1) Armed forces.--The term ``Armed Forces'' means
the Army, Navy, Air Force, [and Marine Corps] Marine
Corps, and Coast Guard.
* * * * * * *
(4) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education, including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of
plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities,
but does not include expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds awarded under part A of
title I [and title VI]. The determination of whether an
expenditure for the replacement of equipment is
considered a current expenditure or a capital outlay
shall be determined in accordance with generally
accepted accounting principles as determined by the
State.
(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) * * *
* * * * * * *
(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. 114111 et
seq.); or
(III) used for affordable
housing assisted under the
Native American Housing
Assistance and Self-
Determination Act of 1996 (26
U.S.C. 4101 et seq.); or
* * * * * * *
(8) Local contribution percentage.--
(A) In general.--The term ``local
contribution percentage'' means the percentage
of current expenditures in the State derived
from local and intermediate sources, as
reported to [and verified by], and verified by,
the National Center for Education Statistics.
* * * * * * *
(9) Local educational agency.--
(A) * * *
(B) Exception.--The term ``local educational
agency'' does not include any agency or school
authority that the Secretary determines, on a
case-by-case basis--
(i) * * *
* * * * * * *
[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.
[(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.
[(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.
[(e) 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.
[(f) 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.]
TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
* * * * * * *
PART D--FUND FOR THE IMPROVEMENT OF EDUCATION
* * * * * * *
Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition
SEC. 5601. 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] section 4002.
SEC. 5602. 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]
section 4002 and [section 8003(b)] section 4003(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)] section 4003(a)(1);
* * * * * * *
SEC. 5603. 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)] section 4002(b), shall not be more than 50
percent of the maximum amount determined under [section
8002(b)] section 4002(b).
* * * * * * *
(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)] section 4002(b).
[TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
[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--Funding Transferability for State and Local Educational
Agencies
[SEC. 6121. SHORT TITLE.
[This subpart may be cited as the ``State and Local
Transferability Act''.
[SEC. 6122. PURPOSE.
[The purpose of this subpart is to allow States and local
educational agencies the flexibility--
[(1) to target Federal funds to Federal programs that
most effectively address the unique needs of States and
localities; and
[(2) to transfer Federal funds allocated to other
activities to allocations for certain activities
authorized under title I.
[SEC. 6123. 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 (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).
[(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)) 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) 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) 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).
[(c) No Transfer of Title I Funds.--A State or a local
educational agency may not transfer under this subpart to any
other program any funds allotted or allocated to it for part A
of title I.
[(d) Modification of Plans and Applications; Notification.--
[(1) State transfers.--Each State that makes a
transfer of funds under this section shall--
[(A) modify, to account for such transfer,
each State plan, or application submitted by
the State, to which such funds relate;
[(B) not later than 30 days after the date of
such transfer, submit a copy of such modified
plan or application to the Secretary; and
[(C) not later than 30 days before the
effective date of such transfer, notify the
Secretary of such transfer.
[(2) Local transfers.--Each local educational agency
that makes a transfer of funds under this section
shall--
[(A) modify, to account for such transfer,
each local plan, or application submitted by
the agency, to which such funds relate;
[(B) not later than 30 days after the date of
such transfer, submit a copy of such modified
plan or application to the State; and
[(C) not later than 30 days before the
effective date of such transfer, notify the
State of such transfer.
[(e) Applicable Rules.--
[(1) In general.--Except as otherwise provided in
this subpart, funds transferred under this section are
subject to each of the rules and requirements
applicable to the funds under the provision to which
the transferred funds are transferred.
[(2) Consultation.--Each State educational agency or
local educational agency that transfers funds under
this section shall conduct consultations in accordance
with section 9501, if such transfer transfers funds
from a program that provides for the participation of
students, teachers, or other educational personnel,
from private schools.
[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''.
[SEC. 6202. PURPOSE
[It is the purpose of this part to address the unique needs
of rural school districts that frequently--
[(1) lack the personnel and resources needed to
compete effectively for Federal competitive grants; and
[(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended
purposes.
[Subpart 1--Small, Rural School Achievement Program
[SEC. 6211. USE OF APPLICABLE FUNDING.
[(a) Alternative Uses.--
[(1) In general.--Notwithstanding any other provision
of law, an eligible local educational agency may use
the applicable funding that the agency is eligible to
receive from the State educational agency for a fiscal
year to carry out local activities authorized under any
of the following provisions:
[(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.
[(2) Notification.--An eligible local educational
agency shall notify the State educational agency of the
local educational agency's intention to use the
applicable funding in accordance with paragraph (1), by
a date that is established by the State educational
agency for the notification.
[(b) Eligibility.--
[(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance
with subsection (a) if--
[(A)(i)(I) the total number of students in
average daily attendance at all of the schools
served by the local educational agency is fewer
than 600; or
[(II) each county in which a school served by
the local educational agency is located has a
total population density of fewer than 10
persons per square mile; and
[(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
[(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).
[(2) Certification.--The Secretary shall determine
whether to waive the criteria described in paragraph
(1)(A)(ii) based on a demonstration by the local
educational agency, and concurrence by the State
educational agency, that the local educational agency
is located in an area defined as rural by a
governmental agency of the State.
[(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.
[(d) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under this section for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
[(e) Applicable Rules.--Applicable funding under this section
shall be available to carry out local activities authorized
under subsection (a).
[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.
[(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.
[(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.
[(3) Ratable adjustment.--
[(A) In general.--If the amount made
available to carry out this section for any
fiscal year is not sufficient to pay in full
the amounts that local educational agencies are
eligible to receive under paragraph (1) for
such year, the Secretary shall ratably reduce
such amounts for such year.
[(B) Additional amounts.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
[(c) Disbursement.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that fiscal year.
[(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.
[Subpart 2--Rural and Low-Income School Program
[SEC. 6221. PROGRAM AUTHORIZED.
[(a) Grants to States.--
[(1) In general.--From amounts appropriated under
section 6234 for this subpart for a fiscal year that
are not reserved under subsection (c), the Secretary
shall award grants (from allotments made under
paragraph (2)) for the fiscal year to State educational
agencies that have applications submitted under section
6223 approved to enable the State educational agencies
to award grants to eligible local educational agencies
for local authorized activities described in section
6222(a).
[(2) Allotment.--From amounts described in paragraph
(1) for a fiscal year, the Secretary shall allot to
each State educational agency for that fiscal year an
amount that bears the same ratio to those amounts as
the number of students in average daily attendance
served by eligible local educational agencies in the
State for that fiscal year bears to the number of all
such students served by eligible local educational
agencies in all States for that fiscal year.
[(3) Specially qualified agencies.--
[(A) Eligibility and application.--If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application submitted under section 6223
approved, a specially qualified agency in such
State desiring a grant under this subpart may
submit an application under such section
directly to the Secretary to receive an award
under this subpart.
[(B) Direct awards.--The Secretary may award,
on a competitive basis or by formula, the
amount the State educational agency is eligible
to receive under paragraph (2) directly to a
specially qualified agency in the State that
has submitted an application in accordance with
subparagraph (A) and obtained approval of the
application.
[(C) Specially qualified agency defined.--In
this subpart, the term ``specially qualified
agency'' means an eligible local educational
agency served by a State educational agency
that does not participate in a program under
this subpart in a fiscal year, that may apply
directly to the Secretary for a grant in such
year under this subsection.
[(b) Local Awards.--
[(1) Eligibility.--A local educational agency shall
be eligible to receive a grant under this subpart if--
[(A) 20 percent or more of the children ages
5 through 17 years served by the local
educational agency are from families with
incomes below the poverty line; and
[(B) all of the schools served by the agency
are designated with a school locale code of 6,
7, or 8, as determined by the Secretary.
[(2) Award basis.--A State educational agency shall
award grants to eligible local educational agencies--
[(A) on a competitive basis;
[(B) according to a formula based on the
number of students in average daily attendance
served by the eligible local educational
agencies or schools in the State; or
[(C) according to an alternative formula, if,
prior to awarding the grants, the State
educational agency demonstrates, to the
satisfaction of the Secretary, that the
alternative formula enables the State
educational agency to allot the grant funds in
a manner that serves equal or greater
concentrations of children from families with
incomes below the poverty line, relative to the
concentrations that would be served if the
State educational agency used the formula
described in subparagraph (B).
[(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, to carry out
the activities authorized under this subpart; and
[(2) one-half of 1 percent to make awards to the
outlying areas in accordance with their respective
needs, to carry out the activities authorized under
this subpart.
[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.
[(b) Administrative Costs.--A State educational agency
receiving a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative
costs and to provide technical assistance to eligible local
educational agencies.
[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 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.
[SEC. 6224. ACCOUNTABILITY.
[(a) State Report.--Each State educational 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;
[(2) how 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 application submitted under section 6223.
[(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.
[(d) 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).
[(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.
[Subpart 3--General Provisions
[SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
[(a) Census Determination.--Each local educational agency
desiring a grant under section 6212 and each local educational
agency or specially qualified agency desiring a grant under
subpart 2 shall--
[(1) not later than December 1 of each year, conduct
a census to determine the number of students in average
daily attendance in kindergarten through grade 12 at
the schools served by the agency; and
[(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and
to the State educational agency, in the case of a local
educational agency seeking a grant under subpart (2)).
[(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has knowingly
submitted false information under subsection (a) for the
purpose of gaining additional funds under section 6212 or
subpart 2, then the agency shall be fined an amount equal to
twice the difference between the amount the agency received
under this section and the correct amount the agency would have
received under section 6212 or subpart 2 if the agency had
submitted accurate information under subsection (a).
[SEC. 6232. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under subpart 1 or subpart 2 shall be
used to supplement, and not supplant, any other Federal, State,
or local education funds.
[SEC. 6233. RULE OF CONSTRUCTION.
[Nothing in this part shall be construed to prohibit a local
educational agency that enters into cooperative arrangements
with other local educational agencies for the provision of
special, compensatory, or other education services, pursuant to
State law or a written agreement, from entering into similar
arrangements for the use, or the coordination of the use, of
the funds made available under this part.
[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, 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.]
* * * * * * *
----------
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE II--TEACHER QUALITY ENHANCEMENT
* * * * * * *
PART A--TEACHER QUALITY PARTNERSHIP GRANTS
[SEC. 201. PURPOSES.
[The purposes of this part are to--
[(1) improve student achievement;
[(2) improve the quality of prospective and new
teachers by improving the preparation of prospective
teachers and enhancing professional development
activities for new teachers;
[(3) hold teacher preparation programs at
institutions of higher education accountable for
preparing highly qualified teachers; and
[(4) recruit highly qualified individuals, including
minorities and individuals from other occupations, into
the teaching force.
[SEC. 202. PARTNERSHIP GRANTS.
[(a) Program Authorized.--From amounts made available under
section 209, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the
eligible partnerships to carry out the activities described in
subsection (c).
[(b) Application.--Each eligible partnership 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. Each such application
shall contain--
[(1) a needs assessment of the partners in the
eligible partnership with respect to the preparation,
ongoing training, professional development, and
retention of general education and special education
teachers, principals, and, as applicable, early
childhood educators;
[(2) a description of the extent to which the program
to be carried out with grant funds, as described in
subsection (c), will prepare prospective and new
teachers with strong teaching skills;
[(3) a description of how such program will prepare
prospective and new teachers to understand and use
research and data to modify and improve classroom
instruction;
[(4) a description of--
[(A) how the eligible partnership will
coordinate strategies and activities assisted
under the grant with other teacher preparation
or professional development programs, including
programs funded under the Elementary and
Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act,
and through the National Science Foundation;
and
[(B) how the activities of the partnership
will be consistent with State, local, and other
education reform activities that promote
teacher quality and student academic
achievement;
[(5) an assessment that describes the resources
available to the eligible partnership, including--
[(A) the integration of funds from other
related sources;
[(B) the intended use of the grant funds; and
[(C) the commitment of the resources of the
partnership to the activities assisted under
this section, including financial support,
faculty participation, and time commitments,
and to the continuation of the activities when
the grant ends;
[(6) a description of--
[(A) how the eligible partnership will meet
the purposes of this part;
[(B) how the partnership will carry out the
activities required under subsection (d) or
(e), based on the needs identified in paragraph
(1), with the goal of improving student
academic achievement;
[(C) if the partnership chooses to use funds
under this section for a project or activities
under subsection (f) or (g), how the
partnership will carry out such project or
required activities based on the needs
identified in paragraph (1), with the goal of
improving student academic achievement;
[(D) the partnership's evaluation plan under
section 204(a);
[(E) how the partnership will align the
teacher preparation program under subsection
(c) with the--
[(i) State early learning standards
for early childhood education programs,
as appropriate, and with the relevant
domains of early childhood development;
and
[(ii) student academic achievement
standards and academic content
standards under section 1111(b)(1) of
the Elementary and Secondary Education
Act of 1965, established by the State
in which the partnership is located;
[(F) how the partnership will prepare general
education teachers to teach students with
disabilities, including training related to
participation as a member of individualized
education program teams, as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act;
[(G) how the partnership will prepare general
education and special education teachers to
teach students who are limited English
proficient;
[(H) how faculty at the partner institution
will work, during the term of the grant, with
highly qualified teachers in the classrooms of
high-need schools served by the high-need local
educational agency in the partnership to--
[(i) provide high-quality
professional development activities to
strengthen the content knowledge and
teaching skills of elementary school
and secondary school teachers; and
[(ii) train other classroom teachers
to implement literacy programs that
incorporate the essential components of
reading instruction;
[(I) how the partnership will design,
implement, or enhance a year-long and rigorous
teaching preservice clinical program component;
[(J) how the partnership will support in-
service professional development strategies and
activities; and
[(K) how the partnership will collect,
analyze, and use data on the retention of all
teachers and early childhood educators in
schools and early childhood education programs
located in the geographic area served by the
partnership to evaluate the effectiveness of
the partnership's teacher and educator support
system; and
[(7) with respect to the induction program required
as part of the activities carried out under this
section--
[(A) a demonstration that the schools and
departments within the institution of higher
education that are part of the induction
program will effectively prepare teachers,
including providing content expertise and
expertise in teaching, as appropriate;
[(B) a demonstration of the eligible
partnership's capability and commitment to, and
the accessibility to and involvement of faculty
in, the use of empirically-based practice and
scientifically valid research on teaching and
learning;
[(C) a description of how the teacher
preparation program will design and implement
an induction program to support, through not
less than the first two years of teaching, all
new teachers who are prepared by the teacher
preparation program in the partnership and who
teach in the high-need local educational agency
in the partnership, and, to the extent
practicable, all new teachers who teach in such
high-need local educational agency, in the
further development of the new teachers'
teaching skills, including the use of mentors
who are trained and compensated by such program
for the mentors' work with new teachers; and
[(D) a description of how faculty involved in
the induction program will be able to
substantially participate in an early childhood
education program or an elementary school or
secondary school classroom setting, as
applicable, including release time and
receiving workload credit for such
participation.
[(c) Use of Grant Funds.--An eligible partnership that
receives a grant under this section--
[(1) shall use grant funds to carry out a program for
the preparation of teachers under subsection (d), a
teaching residency program under subsection (e), or a
combination of such programs; and
[(2) may use grant funds to carry out a leadership
development program under subsection (f).
[(d) Partnership Grants for the Preparation of Teachers.--An
eligible partnership that receives a grant to carry out a
program for the preparation of teachers shall carry out an
effective pre-baccalaureate teacher preparation program or a
5th year initial licensing program that includes all of the
following:
[(1) Reforms.--
[(A) In general.--Implementing reforms,
described in subparagraph (B), within each
teacher preparation program and, as applicable,
each preparation program for early childhood
education programs, of the eligible partnership
that is assisted under this section, to hold
each program accountable for--
[(i) preparing--
[(I) new or prospective
teachers to be highly qualified
(including teachers in rural
school districts who may teach
multiple subjects, special
educators, and teachers of
students who are limited
English proficient who may
teach multiple subjects);
[(II) such teachers and, as
applicable, early childhood
educators, to understand
empirically-based practice and
scientifically valid research
related to teaching and
learning and the applicability
of such practice and research,
including through the effective
use of technology,
instructional techniques, and
strategies consistent with the
principles of universal design
for learning, and through
positive behavioral
interventions and support
strategies to improve student
achievement; and
[(III) as applicable, early
childhood educators to be
highly competent; and
[(ii) promoting strong teaching
skills and, as applicable, techniques
for early childhood educators to
improve children's cognitive, social,
emotional, and physical development.
[(B) Required reforms.--The reforms described
in subparagraph (A) shall include--
[(i) implementing teacher preparation
program curriculum changes that
improve, evaluate, and assess how well
all prospective and new teachers
develop teaching skills;
[(ii) using empirically-based
practice and scientifically valid
research, where applicable, about
teaching and learning so that all
prospective teachers and, as
applicable, early childhood educators--
[(I) understand and can
implement research-based
teaching practices in classroom
instruction;
[(II) have knowledge of
student learning methods;
[(III) possess skills to
analyze student academic
achievement data and other
measures of student learning,
and use such data and measures
to improve classroom
instruction;
[(IV) possess teaching skills
and an understanding of
effective instructional
strategies across all
applicable content areas that
enable general education and
special education teachers and
early childhood educators to--
[(aa) meet the
specific learning needs
of all students,
including students with
disabilities, students
who are limited English
proficient, students
who are gifted and
talented, students with
low literacy levels
and, as applicable,
children in early
childhood education
programs; and
[(bb) differentiate
instruction for such
students;
[(V) can effectively
participate as a member of the
individualized education
program team, as defined in
section 614(d)(1)(B) of the
Individuals with Disabilities
Education Act; and
[(VI) can successfully employ
effective strategies for
reading instruction using the
essential components of reading
instruction;
[(iii) ensuring collaboration with
departments, programs, or units of a
partner institution outside of the
teacher preparation program in all
academic content areas to ensure that
prospective teachers receive training
in both teaching and relevant content
areas in order to become highly
qualified, which may include training
in multiple subjects to teach multiple
grade levels as may be needed for
individuals preparing to teach in rural
communities and for individuals
preparing to teach students with
disabilities as described in section
602(10)(D) of the Individuals with
Disabilities Education Act;
[(iv) developing and implementing an
induction program;
[(v) developing admissions goals and
priorities aligned with the hiring
objectives of the high-need local
educational agency in the eligible
partnership; and
[(vi) implementing program and
curriculum changes, as applicable, to
ensure that prospective teachers have
the requisite content knowledge,
preparation, and degree to teach
Advanced Placement or International
Baccalaureate courses successfully.
[(2) Clinical experience and interaction.--Developing
and improving a sustained and high-quality preservice
clinical education program to further develop the
teaching skills of all prospective teachers and, as
applicable, early childhood educators, involved in the
program. Such program shall do the following:
[(A) Incorporate year-long opportunities for
enrichment, including--
[(i) clinical learning in classrooms
in high-need schools served by the
high-need local educational agency in
the eligible partnership, and
identified by the eligible partnership;
and
[(ii) closely supervised interaction
between prospective teachers and
faculty, experienced teachers,
principals, other administrators, and
school leaders at early childhood
education programs (as applicable),
elementary schools, or secondary
schools, and providing support for such
interaction.
[(B) Integrate pedagogy and classroom
practice and promote effective teaching skills
in academic content areas.
[(C) Provide high-quality teacher mentoring.
[(D) Be offered over the course of a program
of teacher preparation.
[(E) Be tightly aligned with course work (and
may be developed as a fifth year of a teacher
preparation program).
[(F) Where feasible, allow prospective
teachers to learn to teach in the same local
educational agency in which the teachers will
work, learning the instructional initiatives
and curriculum of that local educational
agency.
[(G) As applicable, provide training and
experience to enhance the teaching skills of
prospective teachers to better prepare such
teachers to meet the unique needs of teaching
in rural or urban communities.
[(H) Provide support and training for
individuals participating in an activity for
prospective or new teachers described in this
paragraph or paragraph (1) or (3), and for
individuals who serve as mentors for such
teachers, based on each individual's
experience. Such support may include--
[(i) with respect to a prospective
teacher or a mentor, release time for
such individual's participation;
[(ii) with respect to a faculty
member, receiving course workload
credit and compensation for time
teaching in the eligible partnership's
activities; and
[(iii) with respect to a mentor, a
stipend, which may include bonus,
differential, incentive, or performance
pay, based on the mentor's extra skills
and responsibilities.
[(3) Induction programs for new teachers.--Creating
an induction program for new teachers or, in the case
of an early childhood education program, providing
mentoring or coaching for new early childhood
educators.
[(4) Support and training for participants in early
childhood education programs.--In the case of an
eligible partnership focusing on early childhood
educator preparation, implementing initiatives that
increase compensation for early childhood educators who
attain associate or baccalaureate degrees in early
childhood education.
[(5) Teacher recruitment.--Developing and
implementing effective mechanisms (which may include
alternative routes to State certification of teachers)
to ensure that the eligible partnership is able to
recruit qualified individuals to become highly
qualified teachers through the activities of the
eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
[(A) individuals from under represented
populations;
[(B) individuals to teach in rural
communities and teacher shortage areas,
including mathematics, science, special
education, and the instruction of limited
English proficient students; and
[(C) mid-career professionals from other
occupations, former military personnel, and
recent college graduates with a record of
academic distinction.
[(6) Literacy training.--Strengthening the literacy
teaching skills of prospective and, as applicable, new
elementary school and secondary school teachers--
[(A) to implement literacy programs that
incorporate the essential components of reading
instruction;
[(B) to use screening, diagnostic, formative,
and summative assessments to determine
students' literacy levels, difficulties, and
growth in order to improve classroom
instruction and improve student reading and
writing skills;
[(C) to provide individualized, intensive,
and targeted literacy instruction for students
with deficiencies in literacy skills; and
[(D) to integrate literacy skills in the
classroom across subject areas.
[(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
[(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency
program shall carry out a program that includes all of
the following activities:
[(A) Supporting a teaching residency program
described in paragraph (2) for high-need
subjects and areas, as determined by the needs
of the high-need local educational agency in
the partnership.
[(B) Placing graduates of the teaching
residency program in cohorts that facilitate
professional collaboration, both among
graduates of the teaching residency program and
between such graduates and mentor teachers in
the receiving school.
[(C) Ensuring that teaching residents who
participate in the teaching residency program
receive--
[(i) effective preservice preparation
as described in paragraph (2);
[(ii) teacher mentoring;
[(iii) support required through the
induction program as the teaching
residents enter the classroom as new
teachers; and
[(iv) the preparation described in
subparagraphs (A), (B), and (C) of
subsection (d)(2).
[(2) Teaching residency programs.--
[(A) Establishment and design.--A teaching
residency program under this paragraph shall be
a program based upon models of successful
teaching residencies that serves as a mechanism
to prepare teachers for success in the high-
need schools in the eligible partnership, and
shall be designed to include the following
characteristics of successful programs:
[(i) The integration of pedagogy,
classroom practice, and teacher
mentoring.
[(ii) Engagement of teaching
residents in rigorous graduate-level
course work leading to a master's
degree while undertaking a guided
teaching apprenticeship.
[(iii) Experience and learning
opportunities alongside a trained and
experienced mentor teacher--
[(I) whose teaching shall
complement the residency
program so that classroom
clinical practice is tightly
aligned with coursework;
[(II) who shall have extra
responsibilities as a teacher
leader of the teaching
residency program, as a mentor
for residents, and as a teacher
coach during the induction
program for new teachers, and
for establishing, within the
program, a learning community
in which all individuals are
expected to continually improve
their capacity to advance
student learning; and
[(III) who may be relieved
from teaching duties as a
result of such additional
responsibilities.
[(iv) The establishment of clear
criteria for the selection of mentor
teachers based on measures of teacher
effectiveness and the appropriate
subject area knowledge. Evaluation of
teacher effectiveness shall be based
on, but not limited to, observations of
the following:
[(I) Planning and
preparation, including
demonstrated knowledge of
content, pedagogy, and
assessment, including the use
of formative and diagnostic
assessments to improve student
learning.
[(II) Appropriate instruction
that engages students with
different learning styles.
[(III) Collaboration with
colleagues to improve
instruction.
[(IV) Analysis of gains in
student learning, based on
multiple measures that are
valid and reliable and that,
when feasible, may include
valid, reliable, and objective
measures of the influence of
teachers on the rate of student
academic progress.
[(V) In the case of mentor
candidates who will be
mentoring new or prospective
literacy and mathematics
coaches or instructors,
appropriate skills in the
essential components of reading
instruction, teacher training
in literacy instructional
strategies across core subject
areas, and teacher training in
mathematics instructional
strategies, as appropriate.
[(v) Grouping of teaching residents
in cohorts to facilitate professional
collaboration among such residents.
[(vi) The development of admissions
goals and priorities--
[(I) that are aligned with
the hiring objectives of the
local educational agency
partnering with the program, as
well as the instructional
initiatives and curriculum of
such agency, in exchange for a
commitment by such agency to
hire qualified graduates from
the teaching residency program;
and
[(II) which may include
consideration of applicants who
reflect the communities in
which they will teach as well
as consideration of individuals
from underrepresented
populations in the teaching
profession.
[(vii) Support for residents, once
the teaching residents are hired as
teachers of record, through an
induction program, professional
development, and networking
opportunities to support the residents
through not less than the residents'
first two years of teaching.
[(B) Selection of individuals as teacher
residents.--
[(i) Eligible individual.--In order
to be eligible to be a teacher resident
in a teaching residency program under
this paragraph, an individual shall--
[(I) be a recent graduate of
a four-year institution of
higher education or a mid-
career professional from
outside the field of education
possessing strong content
knowledge or a record of
professional accomplishment;
and
[(II) submit an application
to the teaching residency
program.
[(ii) Selection criteria.--An
eligible partnership carrying out a
teaching residency program under this
subsection shall establish criteria for
the selection of eligible individuals
to participate in the teaching
residency program based on the
following characteristics:
[(I) Strong content knowledge
or record of accomplishment in
the field or subject area to be
taught.
[(II) Strong verbal and
written communication skills,
which may be demonstrated by
performance on appropriate
tests.
[(III) Other attributes
linked to effective teaching,
which may be determined by
interviews or performance
assessments, as specified by
the eligible partnership.
[(C) Stipends or salaries; applications;
agreements; repayments.--
[(i) Stipends or salaries.--A
teaching residency program under this
subsection shall provide a one-year
living stipend or salary to teaching
residents during the teaching residency
program.
[(ii) Applications for stipends or
salaries.--Each teacher residency
candidate desiring a stipend or salary
during the period of residency shall
submit an application to the eligible
partnership at such time, and
containing such information and
assurances, as the eligible partnership
may require.
[(iii) Agreements to serve.--Each
application submitted under clause (ii)
shall contain or be accompanied by an
agreement that the applicant will--
[(I) serve as a full-time
teacher for a total of not less
than three academic years
immediately after successfully
completing the teaching
residency program;
[(II) fulfill the requirement
under subclause (I) by teaching
in a high-need school served by
the high-need local educational
agency in the eligible
partnership and teach a subject
or area that is designated as
high need by the partnership;
[(III) provide to the
eligible partnership a
certificate, from the chief
administrative officer of the
local educational agency in
which the resident is employed,
of the employment required in
subclauses (I) and (II) at the
beginning of, and upon
completion of, each year or
partial year of service;
[(IV) meet the requirements
to be a highly qualified
teacher, as defined in section
9101 of the Elementary and
Secondary Education Act of
1965, or section 602 of the
Individuals with Disabilities
Education Act, when the
applicant begins to fulfill the
service obligation under this
clause; and
[(V) comply with the
requirements set by the
eligible partnership
underclause (iv)if the
applicant is unable or
unwilling to complete the
service obligation required by
this clause.
[(iv) Repayments.--
[(I) In general.--A grantee
carrying out a teaching
residency program under this
paragraph shall require a
recipient of a stipend or
salary under clause (i) who
does not complete, or who
notifies the partnership that
the recipient intends not to
complete, the service
obligation required byclause
(iii)to repay such stipend or
salary to the eligible
partnership, together with
interest, at a rate specified
by the partnership in the
agreement, and in accordance
with such other terms and
conditions specified by the
eligible partnership, as
necessary.
[(II) Other terms and
conditions.--Any other terms
and conditions specified by the
eligible partnership may
include reasonable provisions
for pro-rata repayment of the
stipend or salary described in
clause (i) or for deferral of a
teaching resident's service
obligation required byclause
(iii),on grounds of health,
incapacitation, inability to
secure employment in a school
served by the eligible
partnership, being called to
active duty in the Armed Forces
of the United States, or other
extraordinary circumstances.
[(III) Use of repayments.--An
eligible partnership shall use
any repayment received under
this clause to carry out
additional activities that are
consistent with the purposes of
this subsection.
[(f) Partnership Grants for the Development of Leadership
Programs.--
[(1) In general.--An eligible partnership that
receives a grant under this section may carry out an
effective school leadership program, which may be
carried out in partnership with a local educational
agency located in a rural area and that shall include
all of the following activities:
[(A) Preparing individuals enrolled or
preparing to enroll in school leadership
programs for careers as superintendents,
principals, early childhood education program
directors, or other school leaders (including
individuals preparing to work in local
educational agencies located in rural areas who
may perform multiple duties in addition to the
role of a school leader).
[(B) Promoting strong leadership skills and,
as applicable, techniques for school leaders to
effectively--
[(i) create and maintain a data-
driven, professional learning community
within the leader's school;
[(ii) provide a climate conducive to
the professional development of
teachers, with a focus on improving
student academic achievement and the
development of effective instructional
leadership skills;
[(iii) understand the teaching and
assessment skills needed to support
successful classroom instruction and to
use data to evaluate teacher
instruction and drive teacher and
student learning;
[(iv) manage resources and school
time to improve student academic
achievement and ensure the school
environment is safe;
[(v) engage and involve parents,
community members, the local
educational agency, businesses, and
other community leaders, to leverage
additional resources to improve student
academic achievement; and
[(vi) understand how students learn
and develop in order to increase
academic achievement for all students.
[(C) Ensuring that individuals who
participate in the school leadership program
receive--
[(i) effective preservice preparation
as described in subparagraph (D);
[(ii) mentoring; and
[(iii) if applicable, full State
certification or licensure to become a
school leader.
[(D) Developing and improving a sustained and
high-quality preservice clinical education
program to further develop the leadership
skills of all prospective school leaders
involved in the program. Such clinical
education program shall do the following:
[(i) Incorporate year-long
opportunities for enrichment,
including--
[(I) clinical learning in
high-need schools served by the
high-need local educational
agency or a local educational
agency located in a rural area
in the eligible partnership and
identified by the eligible
partnership; and
[(II) closely supervised
interaction between prospective
school leaders and faculty, new
and experienced teachers, and
new and experienced school
leaders, in such high-need
schools.
[(ii) Integrate pedagogy and practice
and promote effective leadership
skills, meeting the unique needs of
urban, rural, or geographically
isolated communities, as applicable.
[(iii) Provide for mentoring of new
school leaders.
[(E) Creating an induction program for new
school leaders.
[(F) Developing and implementing effective
mechanisms to ensure that the eligible
partnership is able to recruit qualified
individuals to become school leaders through
the activities of the eligible partnership,
which may include an emphasis on recruiting
into school leadership professions--
[(i) individuals from
underrepresented populations;
[(ii) individuals to serve as
superintendents, principals, or other
school administrators in rural and
geographically isolated communities and
school leader shortage areas; and
[(iii) mid-career professionals from
other occupations, former military
personnel, and recent college graduates
with a record of academic distinction.
[(2) Selection of individuals for the leadership
program.--In order to be eligible for the school
leadership program under this subsection, an individual
shall be enrolled in or preparing to enroll in an
institution of higher education, and shall--
[(A) be a--
[(i) recent graduate of an
institution of higher education;
[(ii) mid-career professional from
outside the field of education with
strong content knowledge or a record of
professional accomplishment;
[(iii) current teacher who is
interested in becoming a school leader;
or
[(iv) school leader who is interested
in becoming a superintendent; and
[(B) submit an application to the leadership
program.
[(g) Partnership with Digital Education Content Developer.--
An eligible partnership that receives a grant under this
section may use grant funds provided to carry out the
activities described in subsection (d) or (e), or both, to
partner with a television public broadcast station, as defined
in section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6)), or another entity that develops digital educational
content, for the purpose of improving the quality of pre-
baccalaureate teacher preparation programs or to enhance the
quality of preservice training for prospective teachers.
[(h) Evaluation and Reporting.--The Secretary shall--
[(1) evaluate the programs assisted under this
section; and
[(2) make publicly available a report detailing the
Secretary's evaluation of each such program.
[(i) Consultation.--
[(1) In general.--Members of an eligible partnership
that receives a grant under this section shall engage
in regular consultation throughout the development and
implementation of programs and activities carried out
under this section.
[(2) Regular communication.--To ensure timely and
meaningful consultation as described in paragraph (1),
regular communication shall occur among all members of
the eligible partnership, including the high-need local
educational agency. Such communication shall continue
throughout the implementation of the grant and the
assessment of programs and activities under this
section.
[(3) Written consent.--The Secretary may approve
changes in grant activities of a grant under this
section only if the eligible partnership submits to the
Secretary a written consent to such changes signed by
all members of the eligible partnership.
[(j) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using grant
funds to coordinate with the activities of eligible
partnerships in other States or on a regional basis through
Governors, State boards of education, State educational
agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for
higher education.
[(k) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
[SEC. 203. ADMINISTRATIVE PROVISIONS.
[(a) Duration; Number of Awards; Payments.--
[(1) Duration.--A grant awarded under this part shall
be awarded for a period of five years.
[(2) Number of awards.--An eligible partnership may
not receive more than one grant during a five-year
period. Nothing in this title shall be construed to
prohibit an individual member, that can demonstrate
need, of an eligible partnership that receives a grant
under this title from entering into another eligible
partnership consisting of new members and receiving a
grant with such other eligible partnership before the
five-year period described in the preceding sentence
applicable to the eligible partnership with which the
individual member has first partnered has expired.
[(b) Peer Review.--
[(1) Panel.--The Secretary shall provide the
applications submitted under this part to a peer review
panel for evaluation. With respect to each application,
the peer review panel shall initially recommend the
application for funding or for disapproval.
[(2) Priority.--The Secretary, in funding
applications under this part, shall give priority--
[(A) to eligible partnerships that include an
institution of higher education whose teacher
preparation program has a rigorous selection
process to ensure the highest quality of
students entering such program; and
[(B)(i) to applications from broad-based
eligible partnerships that involve businesses
and community organizations; or
[(ii) to eligible partnerships so that the
awards promote an equitable geographic
distribution of grants among rural and urban
areas.
[(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of
the grants. In determining grant amounts, the Secretary
shall take into account the total amount of funds
available for all grants under this part and the types
of activities proposed to be carried out by the
eligible partnership.
[(c) Matching Requirements.--
[(1) In general.--Each eligible partnership receiving
a grant under this part shall provide, from non-Federal
sources, an amount equal to 100 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.
[(2) Waiver.--The Secretary may waive all or part of
the matching requirement described in paragraph (1) for
any fiscal year for an eligible partnership if the
Secretary determines that applying the matching
requirement to the eligible partnership would result in
serious hardship or an inability to carry out the
authorized activities described in this part.
[(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not
more than two percent of the funds provided to administer the
grant.
[SEC. 204. ACCOUNTABILITY AND EVALUATION.
[(a) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under this
part shall establish, and include in such application, an
evaluation plan that includes strong and measurable performance
objectives. The plan shall include objectives and measures for
increasing--
[(1) achievement for all prospective and new
teachers, as measured by the eligible partnership;
[(2) teacher retention in the first three years of a
teacher's career;
[(3) improvement in the pass rates and scaled scores
for initial State certification or licensure of
teachers; and
[(4)(A) the percentage of highly qualified teachers
hired by the high-need local educational agency
participating in the eligible partnership;
[(B) the percentage of highly qualified teachers
hired by the high-need local educational agency who are
members of underrepresented groups;
[(C) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach high-need academic subject areas (such as
reading, mathematics, science, and foreign language,
including less commonly taught languages and critical
foreign languages);
[(D) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach in high-need areas (including special education,
language instruction educational programs for limited
English proficient students, and early childhood
education);
[(E) the percentage of highly qualified teachers
hired by the high-need local educational agency who
teach in high-need schools, disaggregated by the
elementary school and secondary school levels;
[(F) as applicable, the percentage of early childhood
education program classes in the geographic area served
by the eligible partnership taught by early childhood
educators who are highly competent; and
[(G) as applicable, the percentage of teachers
trained--
[(i) to integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal
design for learning; and
[(ii) to use technology effectively to
collect, manage, and analyze data to improve
teaching and learning for the purpose of
improving student academic achievement.
[(b) Information.--An eligible partnership receiving a grant
under this part shall ensure that teachers, principals, school
superintendents, faculty, and leadership at institutions of
higher education located in the geographic areas served by the
eligible partnership are provided information, including
through electronic means, about the activities carried out with
funds under this part.
[(c) Revised Application.--If the Secretary determines that
an eligible partnership receiving a grant under this part is
not making substantial progress in meeting the purposes, goals,
objectives, and measures of the grant, as appropriate, by the
end of the third year of a grant under this part, then the
Secretary--
[(1) shall cancel the grant; and
[(2) may use any funds returned or available because
of such cancellation under paragraph (1) to--
[(A) increase other grant awards under this
part; or
[(B) award new grants to other eligible
partnerships under this part.
[(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
findings regarding the evaluation of such activities to the
authorizing committees. The Secretary shall broadly
disseminate--
[(1) successful practices developed by eligible
partnerships under this part; and
[(2) information regarding such practices that were
found to be ineffective.]
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
SUBTITLE A--General Military Law
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR
RECENTLY SEPARATED
Sec.
1141. Involuntary separation defined.
* * * * * * *
1154. Assistance to eligible members to obtain employment as teachers:
Troops-to-Teachers Program.
* * * * * * *
Sec. 1142. Preseparation counseling; transmittal of medical records to
department of veterans affairs
(a) * * *
(b) Matters To Be Covered By Counseling.--Counseling under
this section shall include the following:
(1) * * *
* * * * * * *
(4) Provision of information on civilian occupations
and related assistance programs, including information
concerning--
(A) * * *
* * * * * * *
(C) Government and private-sector programs
for job search and job placement assistance,
including the public and community service jobs
program carried out under section 1143a of this
title, and information regarding the placement
programs established [under sections 1152 and
1153 of this title and the Troops-to-Teachers
Program under section 2302 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6672)] under sections 1152, 1153, and 1154 of
this title.
* * * * * * *
Sec. 1154. Assistance to eligible members to obtain employment as
teachers: troops-to-teachers program
(a) Definitions.--In this section:
(1) Program.--The term ``Program'' means the Troops-
to-Teachers Program authorized by this section.
(2) Charter school.--The term ``charter school'' has
the meaning given that term in section 5101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i).
(3) Member of the armed forces.--The term ``member of
the Armed Forces'' includes a former member of the
Armed Forces.
(4) Additional terms.--The terms ``elementary
school'', ``local educational agency'', ``secondary
school'', and ``State'' have the meanings given those
terms in section 5101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(b) Program Authorization.--The Secretary of Defense (in this
section referred to as the ``Secretary'') may carry out a
program (to be known as the ``Troops-to-Teachers Program'')--
(1) to assist eligible members of the armed forces
described in subsection (c) to obtain certification or
licensing as elementary school teachers, secondary
school teachers, or career or technical teachers; and
(2) to facilitate the employment of such members--
(A) by local educational agencies or public
charter schools that the Secretary of Education
identifies as--
(i) receiving grants under subpart 1
of part A of title I of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) as a result of
having within their jurisdictions
concentrations of children from low-
income families; or
(ii) experiencing a shortage of
effective teachers, in particular a
shortage of science, mathematics,
special education, or career or
technical teachers; and
(B) in elementary schools or secondary
schools, or as career or technical teachers.
(c) Eligibility and Application Process.--
(1) Eligible members.--The following members of the
armed forces are eligible for selection to participate
in the Program:
(A) Any member who--
(i) on or after October 1, 1999,
becomes entitled to retired or retainer
pay under this title or title 14;
(ii) has an approved date of
retirement that is within one year
after the date on which the member
submits an application to participate
in the Program; or
(iii) transfers to the Retired
Reserve.
(B) Any member who, on or after January 8,
2002--
(i)(I) is separated or released from
active duty after 6 or more years of
continuous active duty immediately
before the separation or release; or
(II) has completed a total of
at least ten years of active
duty service, 10 years of
service computed under section
12732 of this title, or 10
years of any combination of
such service; and
(ii) executes a reserve commitment
agreement for a period of not less than
3 years under paragraph (5)(B).
(C) Any member who, on or after January 8,
2002, is retired or separated for physical
disability under chapter 61 of this title.
(2) Submittal of applications.--(A) Selection of
eligible members of the armed forces to participate in
the Program shall be made on the basis of applications
submitted to the Secretary. An application shall be in
such form as the Secretary may require.
(B) An application may be considered to be submitted
on a timely basis under subparagraph (A)(i), (B), or
(C) of paragraph (1) if the application is submitted
not later than 4 years after the date on which the
member is retired or separated or released from active
duty, whichever applies to the member.
(3) Selection criteria; educational background
requirements and honorable service requirement.--(A)
Subject to subparagraphs (B) and (C), the Secretary
shall prescribe the criteria to be used to select
eligible members of the armed forces to participate in
the Program.
(B)(i) If a member of the armed forces is applying
for assistance for placement as an elementary school or
secondary school teacher, the Secretary shall require
the member to have received a baccalaureate or advanced
degree from an accredited institution of higher
education.
(ii) If a member of the armed forces is applying for
assistance for placement as a career or technical
teacher, the Secretary shall require the member--
(I) to have received the equivalent of one
year of college from an accredited institution
of higher education or the equivalent in
military education and training as certified by
the Department of Defense; or
(II) to otherwise meet the certification or
licensing requirements for a career or
technical teacher in the State in which the
member seeks assistance for placement under the
Program.
(iii) A member of the armed forces is eligible to
participate in the Program only if the member's last
period of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member
selected to participate in the Program before the
retirement of the member or the separation or release
of the member from active duty may continue to
participate in the Program after the retirement,
separation, or release only if the member's last period
of service is characterized as honorable by the
Secretary concerned.
(4) Selection priorities.--In selecting eligible
members of the armed forces to receive assistance under
the Program, the Secretary shall give priority to
members who--
(A) have educational or military experience
in science, mathematics, special education, or
career and technical subjects; and
(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in
other schools under the jurisdiction of a local
educational agency.
(5) Other conditions on selection.--(A) The Secretary
may not select an eligible member of the armed forces
to participate in the Program and receive financial
assistance unless the Secretary has sufficient
appropriations for the Program available at the time of
the selection to satisfy the obligations to be incurred
by the United States under subsection (d) with respect
to the member.
(B) The Secretary may not select an eligible member
of the armed forces described in paragraph (1)(B)(i) to
participate in the Program under this section and
receive financial assistance under subsection (d)
unless the member executes a written agreement to serve
as a member of the Selected Reserve of a reserve
component of the armed forces for a period of not less
than 3 years (in addition to any other reserve
commitment the member may have).
(d) Participation Agreement and Financial Assistance.--
(1) Participation agreement.--(A) An eligible member
of the armed forces selected to participate in the
Program under subsection (c) and receive financial
assistance under this subsection shall be required to
enter into an agreement with the Secretary in which the
member agrees--
(i) within such time as the Secretary may
require, to obtain certification or licensing
as an elementary school teacher, secondary
school teacher, or career and technical
teacher; and
(ii) to accept an offer of full-time
employment beginning the school year after
obtaining such certification or licensing as an
elementary school teacher, secondary school
teacher, or career and technical teacher for
not less than three school years with a local
educational agency receiving grants under
subpart 1 of part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C.6311 et seq.) or a public charter
school.
(B) The Secretary may waive the three-year commitment
described in subparagraph (A)(ii) for a participant if
the Secretary determines the waiver to be appropriate.
If the Secretary provides the waiver, the participant
shall not be considered to be in violation of the
agreement and shall not be required to provide
reimbursement under subsection (e), for failure to meet
the three-year commitment.
(2) Violation of participation agreement;
exceptions.--A participant in the Program shall not be
considered to be in violation of the participation
agreement entered into under paragraph (1) during any
period in which the participant--
(A) is pursuing a full-time course of study
related to the field of teaching at an
institution of higher education;
(B) is serving on active duty as a member of
the armed forces;
(C) is temporarily totally disabled for a
period of time not to exceed 3 years as
established by sworn affidavit of a qualified
physician;
(D) is unable to secure employment for a
period not to exceed 12 months by reason of the
care required by a spouse who is disabled;
(E) is an effective teacher who is seeking
and unable to find full-time employment as a
teacher in an elementary school or secondary
school or as a career and technical teacher for
a single period not to exceed 27 months; or
(F) satisfies such other criteria as may be
prescribed by the Secretary.
(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a
participant in the Program selected under this section
a stipend in an amount of not more than $5,000.
(B) The total number of stipends that may be paid
under subparagraph (A) in any fiscal year may not
exceed 5,000.
(4) Bonus for participants.--(A) Subject to
subparagraph (B), the Secretary may, in lieu of paying
a stipend under paragraph (3), pay a bonus of $10,000
to a participant in the Program selected under this
section who agrees in the participation agreement under
paragraph (1) to accept full-time employment as an
elementary school teacher, secondary school teacher, or
career and technical teacher for not less than 3 school
years in a high-need school.
(B) The total number of bonuses that may be paid
under subparagraph (A) in any fiscal year may not
exceed 3,000.
(C) For purposes of subparagraph (A), the term
``high-need school'' means a public elementary school,
public secondary school, or public charter school that
meets one or more of the following criteria:
(i) At least 50 percent of the students
enrolled in the school were from low-income
families (as described in subsection
(b)(2)(A)(i)).
(ii) The school has a large percentage of
students who qualify for assistance under part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
(5) Treatment of stipend and bonus.--A stipend or
bonus paid under this subsection to a participant in
the Program shall be taken into account in determining
the eligibility of the participant for Federal student
financial assistance provided under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(e) Reimbursement Under Certain Circumstances.--
(1) Reimbursement required.--A participant in the
Program who is paid a stipend or bonus under subsection
(d) shall be required to repay the stipend or bonus
under the following circumstances:
(A) The participant fails to obtain teacher
certification or licensing or to obtain
employment as an elementary school teacher,
secondary school teacher, or career and
technical teacher as required by the
participation agreement under subsection
(d)(1).
(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an
elementary school teacher, secondary school
teacher, or career and technical teacher during
the 3 years of required service in violation of
the participation agreement.
(C) The participant executed a written
agreement with the Secretary concerned under
subsection (c)(5)(B) to serve as a member of a
reserve component of the armed forces for a
period of 3 years and fails to complete the
required term of service.
(2) Amount of reimbursement.--A participant required
to reimburse the Secretary for a stipend or bonus paid
to the participant under subsection (d) shall pay an
amount that bears the same ratio to the amount of the
stipend or bonus as the unserved portion of required
service bears to the three years of required service.
Any amount owed by the participant shall bear interest
at the rate equal to the highest rate being paid by the
United States on the day on which the reimbursement is
determined to be due for securities having maturities
of 90 days or less and shall accrue from the day on
which the participant is first notified of the amount
due.
(3) Treatment of obligation.--The obligation to
reimburse the Secretary under this subsection is, for
all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11 shall not
release a participant from the obligation to reimburse
the Secretary under this subsection.
(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under
this subsection if the participant becomes permanently
totally disabled as established by sworn affidavit of a
qualified physician. The Secretary may also waive the
reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
(f) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Program of a
stipend or bonus under this subsection (d) shall not reduce or
otherwise affect the entitlement of the participant to any
benefits under chapter 30 or 33 of title 38 or chapter 1606 of
this title.
(g) Participation by States.--
(1) Discharge of state activities through consortia
of states.--The Secretary may permit States
participating in the Program to carry out activities
authorized for such States under the Program through
one or more consortia of such States.
(2) Assistance to states.--(A) Subject to
subparagraph (B), the Secretary may make grants to
States participating in the Program, or to consortia of
such States, in order to permit such States or
consortia of States to operate offices for purposes of
recruiting eligible members of the armed forces for
participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and career
and technical teachers.
(B) The total amount of grants made under
subparagraph (A) in any fiscal year may not exceed
$5,000,000.
(h) Counseling and Referral Services.--The Secretary may
provide counseling and referral services to members of the
Armed Forces who meet the criteria described in subsection (c),
including those members who are not eligible for assistance
under paragraphs (3) and (4) of subsection (d).
* * * * * * *
----------
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
* * * * * * *
TITLE VII--EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS
* * * * * * *
Subtitle B--Education for Homeless Children and Youths
SEC. 721. STATEMENT OF POLICY.
The following is the policy of the Congress:
(1) * * *
[(2) In any State that has a compulsory residency
requirement as a component of the State's compulsory
school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of
homeless children and youths, the State will review and
undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children
and youths are afforded the same free, appropriate
public education as provided to other children and
youths.]
(2) In any State where compulsory residency
requirements or other requirements, laws, regulations,
practices, or policies may act as a barrier to the
identification, enrollment, attendance, or success in
school of homeless children and youths, the State and
local educational agencies will review and undertake
steps to revise such laws, regulations, practices, or
policies to ensure that homeless children and youths
are afforded the same free, appropriate public
education as is provided to other children and youths.
(3) Homelessness [alone] is not sufficient reason to
separate students from the mainstream school
environment.
(4) Homeless children and youths should have access
to the education and other services that such children
and youths need to ensure that such children and youths
have an opportunity to meet the same [challenging State
student academic achievement] State academic standards
to which all students are held.
* * * * * * *
SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
(a) General Authority.--The Secretary is authorized to make
grants to States in accordance with the provisions of this
section to enable such States to carry out the activities
described in subsections (d) through [(g).] (h).
[(b) Application.--No State may receive a grant under this
section unless the State educational 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.]
(c) Allocation and Reservations.--
(1) Allocation.--(A) Subject to subparagraph (B), the
Secretary is authorized to allot to each State an
amount that bears the same ratio to the amount
appropriated for such year under section 726 that
remains after the Secretary reserves funds under
paragraph (2) and uses funds to carry out section
724(d) and (h), as the amount allocated under section
1122 of the Elementary and Secondary Education Act of
1965 to the State for that year bears to the total
amount allocated under section 1122 of such Act to all
States for that year, except that no State shall
receive less than the greater of--
(i) $150,000; or
(ii) one-fourth of 1 percent of the amount
appropriated under section 726 for that year[;
or].
[(iii) the amount such State received under
this section for fiscal year 2001.]
* * * * * * *
[(3) State defined.--For purposes of this subsection,
the term ``State'' does not include the United States
Virgin Islands, Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.]
(d) Activities.--[Grants] Grant funds from a grant made to a
State under this section shall be used for the following:
(1) * * *
[(2) To provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youths that enable such children and
youths to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs.]
(2) To provide services and activities to improve the
identification of homeless children (including
preschool-aged homeless children and youths) that
enable such children and youths to enroll in, attend,
and succeed in school, or, if appropriate, in preschool
programs.
(3) To establish or designate an Office of
Coordinator for Education of Homeless Children and
Youths in the State educational agency in accordance
with subsection (f) that can sufficiently carry out the
duties described in this subtitle.
* * * * * * *
[(5) To develop and implement professional
development programs for school personnel to heighten
their awareness of, and capacity to respond to,
specific problems in the education of homeless children
and youths.]
(5) To develop and implement professional development
programs for liaisons designated under subsection
(g)(1)(J)(ii) and other local educational agency
personnel--
(A) to improve their identification of
homeless children and youths; and
(B) to heighten their awareness of, and
capacity to respond to, specific needs in the
education of homeless children and youths.
(e) State and Local Subgrants.--
(1) Minimum disbursements by states.--From the [sums]
grant funds made available each year to a State under
subsection (a) to carry out this subtitle, the State
educational agency shall distribute not less than 75
percent in subgrants to local educational agencies for
the purposes of carrying out section 723, except that
States funded at the minimum level set forth in
subsection (c)(1) shall distribute not less than 50
percent in subgrants to local educational agencies for
the purposes of carrying out section 723.
(2) Use by state educational agency.--A State
educational agency may use [funds made available for
State use under this subtitle] the grant funds
remaining after the State educational agency
distributes subgrants under paragraph (1) to conduct
activities under subsection (f) directly or through
grants or contracts.
(3) Prohibition on segregating homeless students.--
(A) * * *
* * * * * * *
(C) School requirements.--For the State to be
eligible under subparagraph (B) to receive
funds under this subtitle, the school described
in such subparagraph shall--
(i) * * *
* * * * * * *
(iv) demonstrate in the school's
application for funds under this
subtitle that such school--
(I) * * *
(II) is meeting (as of the
date of submission of the
application) the same Federal
and State standards,
regulations, and mandates as
other public schools in the
State (such as complying with
[sections 1111 and 1116]
section 1111 of the Elementary
and Secondary Education Act of
1965 and providing a full range
of education and related
services, including services
applicable to students with
disabilities).
* * * * * * *
(F) Report.--
(i) Preparation.--The Secretary shall
prepare [a report] an annual report on
the separate schools and local
educational agencies described in
subparagraph (B) that receive funds
under this subtitle in accordance with
this paragraph. The report shall
contain, at a minimum, information on--
(I) * * *
(II) barriers to school
access in the school districts
served by the local educational
agencies; [and]
(III) the progress the
separate schools are making in
integrating homeless children
and youths into the mainstream
school environment, including
the average length of student
enrollment in such schools[.];
and
(IV) the progress the
separate schools are making in
helping all students meet the
State academic standards.
* * * * * * *
(iii) Submission.--[Not later than 2
years after the date of enactment of
the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001,
the] The Secretary shall submit the
report described in clause (i) to--
(I) * * *
* * * * * * *
[(f) Functions of the Office of Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in
each State shall--
[(1) gather reliable, valid, and comprehensive
information on the nature and extent of the problems
homeless children and youths have in gaining access to
public preschool programs and to public elementary
schools and secondary schools, the difficulties in
identifying the special needs of such children and
youths, any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties, and the
success of the programs under this subtitle in allowing
homeless children and youths to enroll in, attend, and
succeed in, school;
[(2) develop and carry out the State plan described
in subsection (g);
[(3) collect and transmit to the Secretary, at such
time and in such manner as the Secretary may require, a
report containing such information as the Secretary
determines is necessary to assess the educational needs
of homeless children and youths within the State;
[(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies (including agencies providing mental
health services) to provide services to homeless
children, including preschool-aged homeless children,
and youths, and to families of such children and
youths;
[(5) in order to improve the provision of
comprehensive education and related services to
homeless children and youths and their families,
coordinate and collaborate with--
[(A) educators, including child development
and preschool program personnel;
[(B) providers of services to homeless and
runaway children and youths and homeless
families (including domestic violence agencies,
shelter operators, transitional housing
facilities, runaway and homeless youth centers,
and transitional living programs for homeless
youths);
[(C) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
[(D) community organizations and groups
representing homeless children and youths and
their families; and
[(6) provide technical assistance to local
educational agencies in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of section
722(e)(3) and paragraphs (3) through (7) of subsection
(g).
[(g) State Plan.--
[(1) In general.--Each State shall submit to the
Secretary a plan to provide for the education of
homeless children and youths within the State. Such
plan shall include the following:
[(A) A description of how such children and
youths are (or will be) given the opportunity
to meet the same challenging State academic
achievement standards all students are expected
to meet.
[(B) A description of the procedures the
State educational agency will use to identify
such children and youths in the State and to
assess their special needs.
[(C) A description of procedures for the
prompt resolution of disputes regarding the
educational placement of homeless children and
youths.
[(D) A description of programs for school
personnel (including principals, attendance
officers, teachers, enrollment personnel, and
pupil services personnel) to heighten the
awareness of such personnel of the specific
needs of runaway and homeless youths.
[(E) A description of procedures that ensure
that homeless children and youths who meet the
relevant eligibility criteria are able to
participate in Federal, State, or local food
programs.
[(F) A description of procedures that ensure
that--
[(i) homeless children have equal
access to the same public preschool
programs, administered by the State
agency, as provided to other children
in the State;
[(ii) homeless youths and youths
separated from the public schools are
identified and accorded equal access to
appropriate secondary education and
support services; and
[(iii) homeless children and youths
who meet the relevant eligibility
criteria are able to participate in
Federal, State, or local before- and
after-school care programs.
[(G) Strategies to address problems
identified in the report provided to the
Secretary under subsection (f)(3).
[(H) Strategies to address other problems
with respect to the education of homeless
children and youths, including problems
resulting from enrollment delays that are
caused by--
[(i) immunization and medical records
requirements;
[(ii) residency requirements;
[(iii) lack of birth certificates,
school records, or other documentation;
[(iv) guardianship issues; or
[(v) uniform or dress code
requirements.
[(I) A demonstration that the State
educational agency and local educational
agencies in the State have developed, and shall
review and revise, policies to remove barriers
to the enrollment and retention of homeless
children and youths in schools in the State.
[(J) Assurances that--
[(i) the State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and
youths are not stigmatized or
segregated on the basis of their status
as homeless;
[(ii) local educational agencies will
designate an appropriate staff person,
who may also be a coordinator for other
Federal programs, as a local
educational agency liaison for homeless
children and youths, to carry out the
duties described in paragraph (6)(A);
and
[(iii) the State and its local
educational agencies will adopt
policies and practices to ensure that
transportation is provided, at the
request of the parent or guardian (or
in the case of an unaccompanied youth,
the liaison), to and from the school of
origin, as determined in paragraph
(3)(A), in accordance with the
following, as applicable:
[(I) If the homeless child or
youth continues to live in the
area served by the local
educational agency in which the
school of origin is located,
the child's or youth's
transportation to and from the
school of origin shall be
provided or arranged by the
local educational agency in
which the school of origin is
located.
[(II) If the homeless child's
or youth's living arrangements
in the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing his or
her education in the school of
origin, begins living in an
area served by another local
educational agency, the local
educational agency of origin
and the local educational
agency in which the homeless
child or youth is living shall
agree upon a method to
apportion the responsibility
and costs for providing the
child with transportation to
and from the school of origin.
If the local educational
agencies are unable to agree
upon such method, the
responsibility and costs for
transportation shall be shared
equally.
[(2) Compliance.--
[(A) In general.--Each plan adopted under
this subsection shall also describe how the
State will ensure that local educational
agencies in the State will comply with the
requirements of paragraphs (3) through (7).
[(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local educational agency liaisons designated
under paragraph (1)(J)(ii).
[(3) Local educational agency requirements.--
[(A) In general.--The local educational
agency serving each child or youth to be
assisted under this subtitle shall, according
to the child's or youth's best interest--
[(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
[(I) in any case in which a
family becomes homeless between
academic years or during an
academic year; or
[(II) for the remainder of
the academic year, if the child
or youth becomes permanently
housed during an academic year;
or
[(ii) enroll the child or youth in
any public school that nonhomeless
students who live in the attendance
area in which the child or youth is
actually living are eligible to attend.
[(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
[(i) to the extent feasible, keep a
homeless child or youth in the school
of origin, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian;
[(ii) provide a written explanation,
including a statement regarding the
right to appeal under subparagraph (E),
to the homeless child's or youth's
parent or guardian, if the local
educational agency sends such child or
youth to a school other than the school
of origin or a school requested by the
parent or guardian; and
[(iii) in the case of an
unaccompanied youth, ensure that the
homeless liaison designated under
paragraph (1)(J)(ii) assists in
placement or enrollment decisions under
this subparagraph, considers the views
of such unaccompanied youth, and
provides notice to such youth of the
right to appeal under subparagraph (E).
[(C) Enrollment.--(i) The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth is unable to produce
records normally required for enrollment, such
as previous academic records, medical records,
proof of residency, or other documentation.
[(ii) The enrolling school shall immediately
contact the school last attended by the child
or youth to obtain relevant academic and other
records.
[(iii) If the child or youth needs to obtain
immunizations, or immunization or medical
records, the enrolling school shall immediately
refer the parent or guardian of the child or
youth to the local educational agency liaison
designated under paragraph (1)(J)(ii), who
shall assist in obtaining necessary
immunizations, or immunization or medical
records, in accordance with subparagraph (D).
[(D) Records.--Any record ordinarily kept by
the school, including immunization or medical
records, academic records, birth certificates,
guardianship records, and evaluations for
special services or programs, regarding each
homeless child or youth shall be maintained--
[(i) so that the records are
available, in a timely fashion, when a
child or youth enters a new school or
school district; and
[(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
[(E) Enrollment disputes.--If a dispute
arises over school selection or enrollment in a
school--
[(i) the child or youth shall be
immediately admitted to the school in
which enrollment is sought, pending
resolution of the dispute;
[(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school's
decision regarding school selection or
enrollment, including the rights of the
parent, guardian, or youth to appeal
the decision;
[(iii) the child, youth, parent, or
guardian shall be referred to the local
educational agency liaison designated
under paragraph (1)(J)(ii), who shall
carry out the dispute resolution
process as described in paragraph
(1)(C) as expeditiously as possible
after receiving notice of the dispute;
and
[(iv) in the case of an unaccompanied
youth, the homeless liaison shall
ensure that the youth is immediately
enrolled in school pending resolution
of the dispute.
[(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parents or has been temporarily placed
elsewhere.
[(G) School of origin defined.--In this
paragraph, the term ``school of origin'' means
the school that the child or youth attended
when permanently housed or the school in which
the child or youth was last enrolled.
[(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational
agency from requiring a parent or guardian of a
homeless child to submit contact information.
[(4) Comparable services.--Each homeless child or
youth to be assisted under this subtitle shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(3), including the following:
[(A) Transportation services.
[(B) Educational services for which the child
or youth meets the eligibility criteria, such
as services provided under title I of the
Elementary and Secondary Education Act of 1965
or similar State or local programs, educational
programs for children with disabilities, and
educational programs for students with limited
English proficiency.
[(C) Programs in vocational and technical
education.
[(D) Programs for gifted and talented
students.
[(E) School nutrition programs.
[(5) Coordination.--
[(A) In general.--Each local educational
agency serving homeless children and youths
that receives assistance under this subtitle
shall coordinate--
[(i) the provision of services under
this subtitle with local social
services agencies and other agencies or
programs providing services to homeless
children and youths and their families,
including services and programs funded
under the Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.); and
[(ii) with other local educational
agencies on interdistrict issues, such
as transportation or transfer of school
records.
[(B) Housing assistance.--If applicable, each
State educational agency and local educational
agency that receives assistance under this
subtitle shall coordinate with State and local
housing agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youths who become
homeless.
[(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
[(i) ensure that homeless children
and youths have access and reasonable
proximity to available education and
related support services; and
[(ii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
[(6) Local educational agency liaison.--
[(A) Duties.--Each local educational agency
liaison for homeless children and youths,
designated under paragraph (1)(J)(ii), shall
ensure that--
[(i) homeless children and youths are
identified by school personnel and
through coordination activities with
other entities and agencies;
[(ii) homeless children and youths
enroll in, and have a full and equal
opportunity to succeed in, schools of
that local educational agency;
[(iii) homeless families, children,
and youths receive educational services
for which such families, children, and
youths are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services;
[(iv) the parents or guardians of
homeless children and youths are
informed of the educational and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children;
[(v) public notice of the educational
rights of homeless children and youths
is disseminated where such children and
youths receive services under this Act,
such as schools, family shelters, and
soup kitchens;
[(vi) enrollment disputes are
mediated in accordance with paragraph
(3)(E); and
[(vii) the parent or guardian of a
homeless child or youth, and any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(3)(A).
[(B) Notice.--State coordinators established
under subsection (d)(3) and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless
families of the duties of the local educational
agency liaisons.
[(C) Local and state coordination.--Local
educational agency liaisons for homeless
children and youths shall, as a part of their
duties, coordinate and collaborate with State
coordinators and community and school personnel
responsible for the provision of education and
related services to homeless children and
youths.
[(7) Review and revisions.--
[(A) In general.--Each State educational
agency and local educational agency that
receives assistance under this subtitle shall
review and revise any policies that may act as
barriers to the enrollment of homeless children
and youths in schools that are selected under
paragraph (3).
[(B) Consideration.--In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation,
immunization, residency, birth certificates,
school records and other documentation, and
guardianship.
[(C) Special attention.--Special attention
shall be given to ensuring the enrollment and
attendance of homeless children and youths who
are not currently attending school.]
(f) Functions of the Office of Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in
each State shall--
(1) gather and make publically available reliable,
valid, and comprehensive information on--
(A) the number of homeless children and
youths identified in the State, posted annually
on the State educational agency's website;
(B) the nature and extent of the problems
homeless children and youths have in gaining
access to public preschool programs and to
public elementary schools and secondary
schools;
(C) the difficulties in identifying the
special needs and barriers to the participation
and achievement of such children and youths;
(D) any progress made by the State
educational agency and local educational
agencies in the State in addressing such
problems and difficulties; and
(E) the success of the programs under this
subtitle in identifying homeless children and
youths and allowing such children and youths to
enroll in, attend, and succeed in, school;
(2) develop and carry out the State plan described in
subsection (g);
(3) collect data for and transmit to the Secretary,
at such time and in such manner as the Secretary may
require, a report containing information necessary to
assess the educational needs of homeless children and
youths within the State, including data necessary for
the Secretary to fulfill the responsibilities under
section 724(h);
(4) in order to improve the provision of
comprehensive education and related support services to
homeless children and youths and their families,
coordinate and collaborate with--
(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
(B) providers of services to homeless
children and youths and their families,
including services of public and private child
welfare and social services agencies, law
enforcement agencies, juvenile and family
courts, agencies providing mental health
services, domestic violence agencies, child
care providers, runaway and homeless youth
centers, and providers of services and programs
funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.);
(C) providers of emergency, transitional, and
permanent housing to homeless children and
youths, and their families, including public
housing agencies, shelter operators, operators
of transitional housing facilities, and
providers of transitional living programs for
homeless youths;
(D) local educational agency liaisons
designated under subsection (g)(1)(J)(ii) for
homeless children and youths; and
(E) community organizations and groups
representing homeless children and youths and
their families;
(5) provide technical assistance to local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to
ensure that local educational agencies comply with the
requirements of subsection (e)(3), paragraphs (3)
through (7) of subsection (g), and subsection (h);
(6) provide professional development opportunities
for local educational agency personnel and the homeless
liaison designated under subsection (g)(1)(J)(ii) to
assist such personnel in meeting the needs of homeless
children and youths; and
(7) respond to inquiries from parents and guardians
of homeless children and youths and unaccompanied
youths to ensure that each child or youth who is the
subject of such an inquiry receives the full
protections and services provided by this subtitle.
(g) State Plan.--
(1) In general.--In order to be eligible to receive a
grant under this section, each State educational agency
shall submit to the Secretary a plan to provide for the
education of homeless children and youths within the
State that includes the following:
(A) A description of how such children and
youths are (or will be) given the opportunity
to meet the same State academic standards that
all students are expected to meet.
(B) A description of the procedures the State
educational agency will use to identify such
children and youths in the State and to assess
their needs.
(C) A description of procedures for the
prompt resolution of disputes regarding the
educational placement of homeless children and
youths.
(D) A description of programs for school
personnel (including liaisons, school leaders,
attendance officers, teachers, enrollment
personnel, and specialized instructional
support personnel) to heighten the awareness of
such personnel of the specific needs of
homeless adolescents, including runaway and
homeless youths.
(E) A description of procedures that ensure
that homeless children and youths who meet the
relevant eligibility criteria are able to
participate in Federal, State, or local
nutrition programs.
(F) A description of procedures that ensure
that--
(i) homeless children have equal
access to public preschool programs,
administered by the State educational
agency or local educational agency, as
provided to other children in the
State;
(ii) homeless youths and youths
separated from public schools are
identified and accorded equal access to
appropriate secondary education and
support services; and
(iii) homeless children and youth who
meet the relevant eligibility criteria
are able to participate in Federal,
State, or local education programs.
(G) Strategies to address problems identified
in the report provided to the Secretary under
subsection (f)(3).
(H) Strategies to address other problems with
respect to the education of homeless children
and youths, including problems resulting from
enrollment delays that are caused by--
(i) immunization and other health
records requirements;
(ii) residency requirements;
(iii) lack of birth certificates,
school records, or other documentation;
(iv) guardianship issues; or
(v) uniform or dress code
requirements.
(I) A demonstration that the State
educational agency and local educational
agencies in the State have developed, and shall
review and revise, polices to remove barriers
to the identification, enrollment, and
retention of homeless children and youths in
schools in the State.
(J) Assurances that the following will be
carried out:
(i) The State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and
youths are not stigmatized or
segregated on the basis of their status
as homeless.
(ii) Local educational agencies will
designate an appropriate staff person,
who may also be a coordinator for other
Federal programs, as a local
educational agency liaison for homeless
children and youths, to carry out the
duties described in paragraph (6)(A).
(iii) The State and its local
educational agencies will adopt
policies and practices to ensure that
transportation is provided, at the
request of the parent or guardian (or
in the case of an unaccompanied youth,
the liaison), to and from the school of
origin, as determined in paragraph
(3)(A), in accordance with the
following, as applicable:
(I) If the child or youth
continues to live in the area
served by the local educational
agency in which the school of
origin is located, the child's
or youth's transportation to
and from the school of origin
shall be provided or arranged
by the local educational agency
in which the school of origin
is located.
(II) If the child's or
youth's living arrangements in
the area served by the local
educational agency of origin
terminate and the child or
youth, though continuing his or
her education in the school of
origin, begins living in an
area served by another local
educational agency, the local
educational agency of origin
and the local educational
agency in which the child or
youth is living shall agree
upon a method to apportion the
responsibility and costs for
providing the child with
transportation to and from the
school of origin. If the local
educational agencies are unable
to agree upon such method, the
responsibility and costs for
transportation shall be shared
equally.
(2) Compliance.--
(A) In general.--Each plan adopted under this
subsection shall also describe how the State
will ensure that local educational agencies in
the State will comply with the requirements of
paragraphs (3) through (7).
(B) Coordination.--Such plan shall indicate
what technical assistance the State will
furnish to local educational agencies and how
compliance efforts will be coordinated with the
local educational agency liaisons designated
under paragraph (1)(J)(ii).
(3) Local educational agency requirements.--
(A) In general.--The local educational agency
serving each child or youth to be assisted
under this subtitle shall, according to the
child's or youth's best interest--
(i) continue the child's or youth's
education in the school of origin for
the duration of homelessness--
(I) in any case in which a
family becomes homeless between
academic years or during an
academic year; or
(II) for the remainder of the
academic year, if the child or
youth becomes permanently
housed during an academic year;
or
(ii) enroll the child or youth in any
public school that nonhomeless students
who live in the attendance area in
which the child or youth is actually
living are eligible to attend.
(B) School stability.--In determining the
best interest of the child or youth under
subparagraph (A), the local educational agency
shall--
(i) presume that keeping the child or
youth in the school of origin is in the
child or youth's best interest, except
when doing so is contrary to the wishes
of the child's or youth's parent or
guardian, or the unaccompanied youth;
(ii) consider student-centered
factors related to the child's or
youth's best interest, including
factors related to the impact of
mobility on achievement, education,
health, and safety of homeless children
and youth, giving priority to the
wishes of the homeless child's or
youth's parent of guardian or the
unaccompanied youth involved;
(iii) if, after conducting the best
interest determination based on
consideration of the presumption in
clause (i) and the student-centered
factors in clause (ii), the local
educational agency determines that it
is not in the child's or youth's best
interest to attend the school of origin
or the school requested by the parent,
guardian, or unaccompanied youth,
provide the child's or youth's parent
or guardian or the unaccompanied youth
with a written explanation of the
reasons for its determination, in a
manner and form understandable to such
parent, guardian, or unaccompanied
youth, including information regarding
the right to appeal under subparagraph
(E); and
(iv) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(ii)
assists in placement or enrollment
decisions under this subparagraph,
gives priority to the views of such
unaccompanied youth, and provides
notice to such youth of the right to
appeal under subparagraph (E).
(C) Enrollment.--
(i) In general.--The school selected
in accordance with this paragraph shall
immediately enroll the homeless child
or youth, even if the child or youth--
(I) is unable to produce
records normally required for
enrollment, such as previous
academic records, records of
immunization and other required
health records, proof of
residency, or other
documentation; or
(II) has missed application
or enrollment deadlines during
any period of homelessness.
(ii) Relevant academic records.--The
enrolling school shall immediately
contact the school last attended by the
child or youth to obtain relevant
academic and other records.
(iii) Relevant health records.--If
the child or youth needs to obtain
immunizations or other required health
records, the enrolling school shall
immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or youth, to the
local educational agency liaison
designated under paragraph (1)(J)(ii),
who shall assist in obtaining necessary
immunizations or screenings, or
immunization or other required health
records, in accordance with
subparagraph (D).
(iv) No liability.--Whenever the
school selected enrolls an
unaccompanied youth in accordance with
this paragraph, no liability shall be
imposed upon the school by reason of
enrolling the youth without parent or
guardian consent.
(D) Records.--Any record ordinarily kept by
the school, including immunization or other
required health records, academic records,
birth certificates, guardianship records, and
evaluations for special services or programs,
regarding each homeless child or youth shall be
maintained--
(i) so that the records involved are
available, in a timely fashion, when a
child or youth enters a new school or
school district; and
(ii) in a manner consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
(E) Enrollment disputes.--If a dispute arises
over school selection or enrollment in a
school--
(i) the child or youth shall be
immediately enrolled in the school in
which enrollment is sought, pending
final resolution of the dispute,
including all available appeals;
(ii) the parent, guardian, or
unaccompanied youth shall be provided
with a written explanation of any
decisions made by the school, the local
educational agency, or the State
educational agency involved, including
the rights of the parent, guardian, or
youth to appeal such decisions;
(iii) the parent, guardian, or
unaccompanied youth shall be referred
to the local educational agency liaison
designated under paragraph (1)(J)(ii),
who shall carry out the dispute
resolution process as described in
paragraph (1)(C) as expeditiously as
possible after receiving notice of the
dispute; and
(iv) in the case of an unaccompanied
youth, the liaison shall ensure that
the youth is immediately enrolled in
school in which the youth seeks
enrollment pending resolution of such
dispute.
(F) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parents or has been temporarily placed
elsewhere.
(G) School of origin defined.--
(i) In general.--In this paragraph,
the term ``school of origin'' means the
school that a child or youth attended
when permanently housed or the school
in which the child or youth was last
enrolled.
(ii) Receiving school.--When the
child or youth completes the final
grade level served by the school of
origin, as described in clause (i), the
term ``school of origin'' shall include
the designated receiving school at the
next grade level for all feeder
schools.
(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational
agency from requiring a parent or guardian of a
homeless child to submit contact information.
(I) Privacy.--Information about a homeless
child's or youth's living situation shall be
treated as a student education record under
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) and shall not be released
to housing providers, employers, law
enforcement personnel, or other persons or
agencies not authorized to have such
information under section 99.31 of title 34,
Code of Federal Regulations.
(J) Academic achievement.--The school
selected in accordance with this paragraph
shall ensure that homeless children and youth
have opportunities to meet the same State
academic standards to which other students are
held.
(4) Comparable services.--Each homeless child or
youth to be assisted under this subtitle shall be
provided services comparable to services offered to
other students in the school selected under paragraph
(3), including the following:
(A) Transportation services.
(B) Educational services for which the child
or youth meets the eligibility criteria, such
as services provided under title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) or similar State or
local programs, educational programs for
children with disabilities, and educational
programs for English learners.
(C) Programs in career and technical
education.
(D) Programs for gifted and talented
students.
(E) School nutrition programs.
(5) Coordination.--
(A) In general.--Each local educational
agency serving homeless children and youths
that receives assistance under this subtitle
shall coordinate--
(i) the provision of services under
this subtitle with local social
services agencies and other agencies or
entities providing services to homeless
children and youths and their families,
including services and programs funded
under the Runaway and Homeless Youth
Act (42 U.S.C. 5701 et seq.); and
(ii) transportation, transfer of
school records, and other interdistrict
activities, with other local
educational agencies.
(B) Housing assistance.--If applicable, each
State educational agency and local educational
agency that receives assistance under this
subtitle shall coordinate with State and local
housing agencies responsible for developing the
comprehensive housing affordability strategy
described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational
disruption for children and youths who become
homeless.
(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
(i) ensure that all homeless children
and youths are promptly identified;
(ii) ensure that homeless children
and youths have access to, and are in
reasonable proximity to, available
education and related support services;
and
(iii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in a
shelter and other challenges associated
with homelessness.
(D) Homeless children and youths with
disabilities.--For children and youth who are
to be assisted both under this subtitle, and
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) or
section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), each local educational agency
shall coordinate the provision of services
under this subtitle with the provision of
programs for children with disabilities served
by that local educational agency and other
involved local educational agencies.
(6) Local educational agency liaison.--
(A) Duties.--Each local educational agency
liaison for homeless children and youths,
designated under paragraph (1)(J)(ii), shall
ensure that--
(i) homeless children and youths are
identified by school personnel through
outreach and coordination activities
with other entities and agencies;
(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of
that local educational agency;
(iii) homeless families, children,
and youths have access to and receive
educational services for which such
families, children, and youths are
eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational
agency;
(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental
health and substances abuse services,
housing services, and other appropriate
services;
(v) the parents or guardians of
homeless children and youths are
informed of the educational and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children;
(vi) public notice of the educational
rights of homeless children and youths
is disseminated in locations frequented
by parents or guardians of such
children and youths, and unaccompanied
youths, including schools, shelters,
public libraries, and soup kitchens in
a manner and form understandable to the
parents and guardians of homeless
children and youths, and unaccompanied
youths;
(vii) enrollment disputes are
mediated in accordance with paragraph
(3)(E);
(viii) the parent or guardian of a
homeless child or youth, and any
unaccompanied youth, is fully informed
of all transportation services,
including transportation to the school
of origin, as described in paragraph
(1)(J)(iii), and is assisted in
accessing transportation to the school
that is selected under paragraph
(3)(A);
(ix) school personnel providing
services under this subtitle receive
professional development and other
support; and
(x) unaccompanied youths--
(I) are enrolled in school;
(II) have opportunities to
meet the same State academic
standards to which other
students are held, including
through implementation of the
policies and practices required
by paragraph (1)(F)(ii); and
(III) are informed of their
status as independent students
under section 480 of the Higher
Education Act of 1965 (20
U.S.C. 1087vv) and receive
verification of such status for
purposes of the Free
Application for Federal Student
Aid described in section 483 of
such Act (20 U.S.C. 1090).
(B) Notice.--State coordinators established
under subsection (d)(3) and local educational
agencies shall inform school personnel, service
providers, advocates working with homeless
families, parents and guardians of homeless
children and youths, and homeless children and
youths of the duties of the local educational
agency liaisons, including publishing an
annually updated list of the liaisons on the
State educational agency's website.
(C) Local and state coordination.--Local
educational agency liaisons for homeless
children and youths shall, as a part of their
duties, coordinate and collaborate with State
coordinators and community and school personnel
responsible for the provision of education and
related services to homeless children and
youths. Such coordination shall include
collecting and providing to the State
Coordinator the reliable, valid, and
comprehensive data needed to meet the
requirements of paragraphs (1) and (3) of
subsection (f).
(7) Review and revisions.--
(A) In general.--Each State educational
agency and local educational agency that
receives assistance under this subtitle shall
review and revise any policies that may act as
barriers to the enrollment of homeless children
and youths in schools that are selected under
paragraph (3).
(B) Consideration.--In reviewing and revising
such policies, consideration shall be given to
issues concerning transportation, immunization,
residency, birth certificates, school records
and other documentation, and guardianship.
(C) Special attention.--Special attention
shall be given to ensuring the enrollment and
attendance of homeless children and youths who
are not currently attending school.
(h) Special Rule for Emergency Assistance.--
(1) Emergency assistance.--
(A) Reservation of amounts.--Subject to
paragraph (4) and notwithstanding any other
provision of this title, the Secretary shall
use funds appropriated under section 726 for
[fiscal year 2009,] fiscal years 2013 through
2018, but not to exceed $30,000,000, for the
purposes of providing emergency assistance
through grants.
* * * * * * *
SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
(a) General Authority.--
(1) In general.--The State educational agency shall,
in accordance with section 722(e), and from amounts
made available to such agency under section 726, make
subgrants to local educational agencies for the purpose
of [facilitating the enrollment,] facilitating the
identification, enrollment, attendance, and success in
school of homeless children and youths.
(2) Services.--
(A) In general.--Services under paragraph
(1)--
(i) may be provided through programs
on school grounds or at other
facilities; and
(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless children and youths
with nonhomeless children and youths[;
and].
[(iii) shall be designed to expand or
improve services provided as part of a
school's regular academic program, but
not to replace such services provided
under such program.]
* * * * * * *
(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.
(b) Application.--A local educational agency that desires to
receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such information
as the State educational agency may reasonably require. Such
application shall include the following:
(1) * * *
* * * * * * *
[(3) An assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect
to the provision of free public education by such
agency for the fiscal year preceding the fiscal year
for which the determination is made, was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.]
[(4)] (3) An assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g).
[(5)] (4) A description of policies and procedures,
consistent with section 722(e)(3), that the agency will
implement to ensure that activities carried out by the
agency will not isolate or stigmatize homeless children
and youths.
(5) An assurance that the local educational agency
will collect and promptly provide data requested by the
State Coordinator pursuant to paragraphs (1) and (3) of
section 722(f).
(6) An assurance that the local educational agency
has removed barriers to complying with the requirements
of section 722(g)(1)(I).
(c) Awards.--
(1) In general.--The State educational agency shall,
in accordance with the requirements of this subtitle
and from amounts made available to it under section
[726] 722(a), make competitive subgrants to local
educational agencies that submit applications under
subsection (b). Such subgrants shall be awarded on the
basis of the need of such agencies for assistance under
this subtitle and the quality of the applications
submitted.
(2) Need.--In determining need under paragraph (1),
the State educational agency may consider the number of
homeless children and youths enrolled in preschool,
elementary, and secondary schools within the area
served by the local educational agency, and shall
consider the needs of such children and youths and the
ability of the local educational agency to meet such
needs. The State educational agency may also consider
the following:
(A) The extent to which the proposed use of
funds will facilitate the identification,
enrollment, retention, and educational success
of homeless children and youths.
[(B) The extent to which the application--
[(i) reflects coordination with other
local and State agencies that serve
homeless children and youths; and
[(ii) describes how the applicant
will meet the requirements of section
722(g)(3).]
(B) The extent to which the application
reflects coordination with other local and
State agencies that serve homeless children and
youths.
(C) The extent to which the applicant
exhibits in the application and in current
practice (as of the date of submission of the
application) a commitment to education for all
homeless children and youths.
* * * * * * *
(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider the following:
(A) * * *
* * * * * * *
[(C) The involvement of parents or guardians
of homeless children or youths in the education
of their children.]
(C) The extent to which the applicant will
promote meaningful involvement of parents or
guardians of homeless children or youths in the
education of their children.
(D) The extent to which homeless children and
youths will be integrated [within] into the
regular education program.
* * * * * * *
(G) The extent to which the local educational
agency will use the subgrant to leverage
resources, including by maximizing nonsubgrant
funding for the position of the liaison
described in section 722(g)(1)(J)(ii) and the
provision of transportation.
(H) How the local educational agency uses
funds to serve homeless children and youths
under section 1113(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).
[(G) Such] (I) The extent to which the
applicant's program meets such other measures
as the State educational agency considers
indicative of a high-quality program, such as
the extent to which the local educational
agency will provide [case management or
related] services to unaccompanied youths.
(J) An assurance that the applicant will meet
the requirements of section 722(g)(3).
[(4) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed 3 years.]
(d) Authorized Activities.--A local educational agency may
use funds awarded under this section for activities that carry
out the purpose of this subtitle, including the following:
(1) The provision of tutoring, supplemental
instruction, and enriched educational services that are
linked to the achievement of the same [challenging
State academic content standards and challenging State
student academic achievement standards] State academic
standards the State establishes for other children and
youths.
(2) The provision of expedited evaluations of the
strengths and needs of homeless children and youths,
including needs and eligibility for programs and
services (such as educational programs for gifted and
talented students, children with disabilities, and
[students with limited English proficiency,] English
learners, services provided under title I of the
Elementary and Secondary Education Act of 1965 or
similar State or local programs, programs in
[vocational] career and technical education, and school
nutrition programs).
(3) Professional development and other activities for
educators and [pupil services] specialized
instructional support personnel that are designed to
heighten the understanding and sensitivity of such
personnel to the needs of homeless children and youths,
the rights of such children and youths under this
subtitle, and the specific educational needs of runaway
and homeless youths.
* * * * * * *
(7) The provision of services and assistance to
attract, engage, and retain homeless children and
youths[, and unaccompanied youths,], particularly
homeless children and youths who are not enrolled in
school, in public school programs and services provided
to nonhomeless children and youths.
* * * * * * *
(9) If necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring
records necessary to enroll homeless children and
youths in school, including birth certificates,
immunization or [medical] other required health
records, academic records, guardianship records, and
evaluations for special programs or services.
(10) The provision of education and training to the
parents of homeless children and youths about the
rights of, and resources available to, such children
and youths, and other activities designed to increase
the meaningful involvement of parents or guardians of
homeless children or youths in the education of their
children.
* * * * * * *
(12) The provision of [pupil] specialized
instructional support services (including violence
prevention counseling) and referrals for such services.
(13) Activities to address the particular needs of
homeless children and youths that may arise from
domestic violence and parental mental health or
substance abuse problems.
* * * * * * *
SEC. 724. SECRETARIAL RESPONSIBILITIES.
(a) * * *
* * * * * * *
[(c) Notice.--The Secretary shall, before the next school
year that begins after the date of enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001,
create and disseminate nationwide a public notice of the
educational rights of homeless children and youths and
disseminate such notice to other Federal agencies, programs,
and grantees, including Head Start grantees, Health Care for
the Homeless grantees, Emergency Food and Shelter grantees, and
homeless assistance programs administered by the Department of
Housing and Urban Development.]
(c) Notice.--
(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment
of the Encouraging Innovation and Effective Teachers
Act, update and disseminate nationwide the public
notice described in this subsection (as in effect prior
to such date) of the educational rights of homeless
children and youths.
(2) Dissemination.--The Secretary shall disseminate
the notice nationally to all Federal agencies, program
grantees, and grant recipients serving homeless
families, children, and youths.
(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation [and dissemination], dissemination, and
technical assistance activities of programs designed to meet
the educational needs of homeless elementary and secondary
school students, and may use funds appropriated under section
726 to conduct such activities.
(e) Submission and Distribution.--The Secretary shall require
applications for grants under [this subtitle] section 722 to be
submitted to the Secretary not later than the expiration of the
[60-day] 120-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the [120-day] 180-
day period beginning on such date.
(f) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered
by the Secretary under subsection (h), shall determine the
extent to which State educational agencies are ensuring that
each homeless child and homeless youth has access to a free
appropriate public education, as described in section 721(1).
The Secretary shall provide support and technical assistance to
State educational agencies in areas in which barriers to a free
appropriate public education persist.
[(g) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of enactment of the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001, school enrollment
guidelines for States with respect to homeless children and
youths. The guidelines shall describe--
[(1) successful ways in which a State may assist
local educational agencies to immediately enroll
homeless children and youths in school; and
[(2) how a State can review the State's requirements
regarding immunization and medical or school records
and make such revisions to the requirements as are
appropriate and necessary in order to enroll homeless
children and youths in school immediately.]
(g) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of the enactment of the Encouraging Innovation and
Effective Teachers Act, strategies by which a State--
(1) may assist local educational agencies to
implement the provisions amended by the Act; and
(2) can review and revise State policies and
procedures that may present barriers to the
identification, enrollment, attendance, and success of
homeless children and youths in school.
(h) Information.--
(1) In general.--From funds appropriated under
section 726, the Secretary shall, directly or through
grants, contracts, or cooperative agreements,
periodically collect and disseminate data and
information regarding--
(A) the number and location of homeless
children and youths in all areas served by
local educational agencies;
* * * * * * *
(i) Report.--Not later than 4 years after the date of
enactment of the [McKinney-Vento Homeless Education Assistance
Improvements Act of 2001] Encouraging Innovation and Effective
Teachers Act, the Secretary shall prepare and submit to the
President and the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youths, which
shall include information on--
(1) * * *
* * * * * * *
SEC. 725. DEFINITIONS.
For purposes of this subtitle:
(1) * * *
(2) The term ``homeless children and youths''--
(A) * * *
(B) includes--
(i) * * *
* * * * * * *
(iv) migratory children (as such term
is defined in section [1309] 1139 of
the Elementary and Secondary Education
Act of 1965) who qualify as homeless
for the purposes of this subtitle
because the children are living in
circumstances described in clauses (i)
through (iii).
(3) The terms ``local educational agency'' and
``State educational agency'' have the meanings given
such terms in section [9101] 5101 of the Elementary and
Secondary Education Act of 1965.
* * * * * * *
[SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subtitle, there are
authorized to be appropriated $100,000,000 for fiscal year 2009
and such sums as may be necessary for each subsequent fiscal
year.]
SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated $65,173,000
for fiscal year 2013.
(b) Out Years.--The amount authorized under subsection (a)
shall be increased for each of fiscal years 2014 through 2018
by a percentage equal to the percentage of inflation according
to the Consumer Price Index, for the calendar year ending prior
to the beginning of that fiscal year.
* * * * * * *