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1 S. 1177 One Hundred Fourteenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen An Act To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Every Student Succeeds 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. Table of contents of the Elementary and Secondary Education Act of 1965. TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL AGENCIES P A—I MPROVING B ASIC P ROGRAMS O PERATED BY ART TATE AND L OCAL E DUCATIONAL S A GENCIES Sec. 1000. Redesignations. Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. School improvement. Sec. 1004. Direct student services. Sec. 1005. State plans. Sec. 1006. Local educational agency plans. Sec. 1007. Eligible school attendance areas. Sec. 1008. Schoolwide programs. Sec. 1009. Targeted assistance schools. Sec. 1010. Parent and family engagement. Sec. 1011. Participation of children enrolled in private schools. Sec. 1012. Supplement, not supplant. Sec. 1013. Coordination requirements. Sec. 1014. Grants for the outlying areas and the Secretary of the Interior. Sec. 1015. Allocations to States. Sec. 1016. Adequacy of funding rule. Sec. 1017. Education finance incentive grant program. P ART B—S TATE A SSESSMENT G RANTS Sec. 1201. State assessment grants. C—E DUCATION OF M IGRATORY C HILDREN ART P Sec. 1301. Education of migratory children. P D—P REVENTION AND I NTERVENTION P ART C HILDREN AND Y OUTH ROGRAMS FOR W HO A RE N EGLECTED , D ELINQUENT , OR A T - RISK Sec. 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. P ART E—F LEXIBILITY FOR E QUITABLE P ER - PUPIL F UNDING Sec. 1501. Flexibility for equitable per-pupil funding.

2 S. 1177—2 P F—G ENERAL P ROVISIONS ART Sec. 1601. General provisions. TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS Sec. 2001. General provisions. Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or other school leaders. TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Sec. 3001. Redesignation of certain provisions. Sec. 3002. Authorization of appropriations. Sec. 3003. English language acquisition, language enhancement, and academic achievement. Sec. 3004. General provisions. TITLE IV—21ST CENTURY SCHOOLS Sec. 4001. Redesignations and transfers. Sec. 4002. General provisions. P A—S TUDENT S UPPORT AND A ART E NRICHMENT G RANTS CADEMIC Sec. 4101. Student support and academic enrichment grants. L ART ST C ENTURY C P B—21 EARNING C ENTERS OMMUNITY Sec. 4201. 21st century community learning centers. P ART C—E XPANDING O PPORTUNITY T HROUGH Q UALITY C HARTER S CHOOLS Sec. 4301. Charter schools. P D—M AGNET S CHOOLS A SSISTANCE ART Sec. 4401. Magnet schools assistance. P E—F AMILY E NGAGEMENT IN ART DUCATION P ROGRAMS E Sec. 4501. Family Engagement in Education Programs. P ART F—N ATIONAL A CTIVITIES Sec. 4601. National activities. TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY Sec. 5001. General provisions. Sec. 5002. Funding Transferability for State and Local Educational Agencies. Sec. 5003. Rural education initiative. Sec. 5004. General provisions. Sec. 5005. Review relating to rural local educational agencies. TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Sec. 6001. Conforming amendments. Sec. 6002. Indian education. Sec. 6003. Native Hawaiian education. Sec. 6004. Alaska Native education. Sec. 6005. Report on Native American language medium education. Sec. 6006. Report on responses to Indian student suicides. TITLE VII—IMPACT AID Sec. 7001. General provisions. Sec. 7002. Purpose. Sec. 7003. Payments relating to federal acquisition of real property. Sec. 7004. Payments for eligible federally connected children. Sec. 7005. Policies and procedures relating to children residing on Indian lands. Sec. 7006. Application for payments under sections 7002 and 7003. Sec. 7007. Construction. Sec. 7008. Facilities. Sec. 7009. State consideration of payments in providing state aid. Sec. 7010. Federal administration. Sec. 7011. Administrative hearings and judicial review. Sec. 7012. Definitions. Sec. 7013. Authorization of appropriations.

3 S. 1177—3 TITLE VIII—GENERAL PROVISIONS Sec. 8001. General provisions. Sec. 8002. Definitions. Sec. 8003. Applicability of title. Sec. 8004. Applicability to Bureau of Indian Education operated schools. Sec. 8005. Consolidation of State administrative funds for elementary and sec- ondary education programs. Sec. 8006. Consolidation of funds for local administration. Sec. 8007. Consolidated set-aside for Department of the Interior funds. Sec. 8008. Department staff. Sec. 8009. Optional consolidated State plans or applications. Sec. 8010. General applicability of State educational agency assurances. Sec. 8011. Rural consolidated plan. Sec. 8012. Other general assurances. Sec. 8013. Waivers of statutory and regulatory requirements. Sec. 8014. Approval and disapproval of State plans and local applications. Sec. 8015. Participation by private school children and teachers. Sec. 8016. Standards for by-pass. Sec. 8017. Complaint process for participation of private school children. Sec. 8018. By-pass determination process. Sec. 8019. Maintenance of effort. Sec. 8020. Prohibition regarding state aid. Sec. 8021. School prayer. Sec. 8022. Prohibited uses of funds. Sec. 8023. Prohibitions. Sec. 8024. Prohibitions on Federal Government and use of Federal funds. Sec. 8025. Armed forces recruiter access to students and student recruiting infor- mation. Sec. 8026. Prohibition on federally sponsored testing. Sec. 8027. Limitations on national testing or certification for teachers, principals, or other school leaders. Sec. 8028. Prohibition on requiring State participation. Sec. 8029. Civil rights. Sec. 8030. Consultation with Indian tribes and tribal organizations. Sec. 8031. Outreach and technical assistance for rural local educational agencies. Sec. 8032. Consultation with the Governor. Sec. 8033. Local governance. Sec. 8034. Rule of construction regarding travel to and from school. Sec. 8035. Limitations on school-based health centers. Sec. 8036. State control over standards. Sec. 8037. Sense of Congress on protecting student privacy. Sec. 8038. Prohibition on aiding and abetting sexual abuse. Sec. 8039. Sense of Congress on restoration of state sovereignty over public edu- cation. Sec. 8040. Privacy. Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance. Sec. 8042. Evaluations. TITLE IX—EDUCATION FOR THE HOMELESS AND OTHER LAWS P A—H OMELESS C HILDREN AND ART OUTHS Y Sec. 9101. Statement of policy. Sec. 9102. Grants for State and local activities. Sec. 9103. Local educational agency subgrants. Sec. 9104. Secretarial responsibilities. Sec. 9105. Definitions. Sec. 9106. Authorization of appropriations. Sec. 9107. Effective date. P B—M ISCELLANEOUS ; O THER L AWS ART Sec. 9201. Findings and sense of Congress on sexual misconduct. Sec. 9202. Sense of Congress on First Amendment rights. Sec. 9203. Preventing improper use of taxpayer funds. Sec. 9204. Accountability to taxpayers through monitoring and oversight. Sec. 9205. Report on Department actions to address Office of Inspector General re- ports. Sec. 9206. Posthumous pardon. Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization. Sec. 9208. Report on the reduction of the number and percentage of students who drop out of school. Sec. 9209. Report on subgroup sample size.

4 S. 1177—4 Sec. 9210. Report on student home access to digital learning resources. Sec. 9211. Study on the title I formula. Sec. 9212. Preschool development grants. Sec. 9213. Review of Federal early childhood education programs. Sec. 9214. Use of the term ‘‘highly qualified’’ in other laws. Sec. 9215. Additional conforming amendments to other laws. 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. UNDING A UTHORITY .— (a) F (1) M - YEAR AWARDS .— ULTI (A) P .—Except as ROGRAMS NO LONGER AUTHORIZED otherwise provided in this Act or the amendments made by this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, under a program that is not authorized under the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, and— (i) that is not substantively similar to a program authorized under the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accord- ance with the terms of such prior award, except that no additional funds for such program may be awarded after September 30, 2016; and (ii) that is substantively similar to a program authorized under the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accord- ance with the terms of such prior award. (B) A UTHORIZED PROGRAMS .—Except as otherwise pro- vided in this Act, or the amendments made by this Act, the recipient of a multiyear award under a program that was authorized under the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act, and that is authorized under such Act (20 U.S.C. 6301 et seq.), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award. (2) P LANNING AND TRANSITION .—Notwithstanding any other provision of law, a recipient of funds under a program described in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the recipient under such program, to carry out necessary and reasonable planning and transition activities in order to ensure the recipient’s compliance with the amendments to such pro- gram made by this Act. (b) O RDERLY T RANSITION .—Subject to subsection (a)(1)(A)(i), the Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs author- ized under the Elementary and Secondary Education Act of 1965

5 S. 1177—5 (20 U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before the date of enactment of this Act. C W AIVERS .— ERMINATION OF ERTAIN (c) T N GENERAL .—Notwithstanding any other provision of (1) I this Act, and subject to section 5(e)(2), a waiver described in paragraph (2) shall be null and void and have no legal effect on or after August 1, 2016. AIVERS .—A waiver shall be subject to paragraph (1) (2) W if the waiver was granted by the Secretary of Education to a State or consortium of local educational agencies under the program first introduced in a letter to chief State school officers dated September 23, 2011, and authorized under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enact- ment of this Act. SEC. 5. EFFECTIVE DATES. (a) I G ENERAL .—Except as otherwise provided in this Act, N or an amendment made by this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. ONCOMPETITIVE .—With respect to noncompeti- ROGRAMS P (b) N tive programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, the amendments made by this Act shall be effective beginning on July 1, 2016, except as otherwise provided in such amendments. OMPETITIVE ROGRAMS .—With respect to programs that P (c) C are conducted by the Secretary of Education on a competitive basis (and are not programs described in subsection (b)) under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments made by this Act with respect to appro- priations for use under such programs shall be effective beginning on October 1, 2016, except as otherwise provided in such amend- ments. (d) I MPACT ID .—With respect to title VII of the Elementary A and Secondary Education Act of 1965, as amended by this Act, the amendments made by this Act shall take effect with respect to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such amendments. (e) T ITLE I OF THE E LEMENTARY AND S ECONDARY E DUCATION 1965.— CT OF A (1) E FFECTIVE DATES FOR SECTION 1111 OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 .—Notwithstanding any other provision of this Act, or the amendments made by this Act, and subject to paragraph (2) of this subsection— (A) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect on the day before the date of enactment of this Act, shall be effective through the close of August 1, 2016; (B) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20

6 S. 1177—6 U.S.C. 6311), as amended by this Act, shall take effect beginning with school year 2017–2018; and (C) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended by this Act, and any other provision of section 1111 of such Act (20 U.S.C. 6311), as amended by this Act, which is not described in subparagraph (B) of this paragraph, shall take effect in a manner consistent with subsection (a). (2) S PECIAL RULE .— (A) I N GENERAL .—Notwithstanding any other provision of this Act (including subsection (b) and paragraph (1)), any school or local educational agency described in subpara- graph (B) shall continue to implement interventions applicable to such school or local educational agency under clause (i) or (ii) of subparagraph (B) until— (i) the State plan for the State in which the school or agency is located under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, is approved under such section (20 U.S.C. 6311); or (ii) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311), as amended by this Act, take effect in accordance with paragraph (1)(B), whichever occurs first. (B) C - ERTAIN SCHOOLS AND LOCAL EDUCATIONAL AGEN .—A school or local educational agency shall be subject CIES to the requirements of subparagraph (A), if such school or local educational agency has been identified by the State in which the school or local educational agency is located— (i) as in need of improvement, corrective action, or restructuring under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as in effect on the day before the date of enactment of this Act; or (ii) as a priority or focus school under a waiver granted by the Secretary of Education under section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as in effect on the day before the date of enactment of this Act. SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 2 is amended to read as follows: ‘‘Sec. 1. Short title. ‘‘Sec. 2. Table of contents. ‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED ‘‘Sec. 1001. Statement of purpose. ‘‘Sec. 1002. Authorization of appropriations. ‘‘Sec. 1003. School improvement. ‘‘Sec. 1003A. Direct student services. ‘‘Sec. 1004. State administration. ART A—I MPROVING B ASIC P ROGRAMS O PERATED BY L OCAL E DUCATIONAL A GENCIES ‘‘P ‘‘ SUBPART 1 — BASIC PROGRAM REQUIREMENTS ‘‘Sec. 1111. State plans.

7 S. 1177—7 ‘‘Sec. 1112. Local educational agency plans. ‘‘Sec. 1113. Eligible school attendance areas. ‘‘Sec. 1114. Schoolwide programs. ‘‘Sec. 1115. Targeted assistance schools. ‘‘Sec. 1116. Parent and family engagement. ‘‘Sec. 1117. Participation of children enrolled in private schools. ‘‘Sec. 1118. Fiscal requirements. ‘‘Sec. 1119. Coordination requirements. ‘‘ SUBPART 2 — ALLOCATIONS ‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. ‘‘Sec. 1122. Allocations to States. ‘‘Sec. 1124. Basic grants to local educational agencies. ‘‘Sec. 1124A. Concentration grants to local educational agencies. ‘‘Sec. 1125. Targeted grants to local educational agencies. ‘‘Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001. ‘‘Sec. 1125A. Education finance incentive grant program. ‘‘Sec. 1126. Special allocation procedures. ‘‘Sec. 1127. Carryover and waiver. ‘‘P B—S TATE A SSESSMENT ART RANTS G ‘‘Sec. 1201. Grants for State assessments and related activities. ‘‘Sec. 1202. State option to conduct assessment system audit. ‘‘Sec. 1203. Allotment of appropriated funds. ‘‘Sec. 1204. Innovative assessment and accountability demonstration authority. ART C—E DUCATION OF M IGRATORY C HILDREN ‘‘P ‘‘Sec. 1301. Program purposes. ‘‘Sec. 1302. Program authorized. ‘‘Sec. 1303. State allocations. ‘‘Sec. 1304. State applications; services. ‘‘Sec. 1305. Secretarial approval; peer review. ‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. ‘‘Sec. 1307. Bypass. ‘‘Sec. 1308. Coordination of migrant education activities. ‘‘Sec. 1309. Definitions. ‘‘P ART D—P REVENTION AND I NTERVENTION P ROGRAMS FOR C HILDREN AND Y OUTH W HO RE N EGLECTED , D ELINQUENT , OR A T -R ISK A ‘‘Sec. 1401. Purpose and program authorization. ‘‘Sec. 1402. Payments for programs under this part. SUBPART 1 — STATE AGENCY PROGRAMS ‘‘ ‘‘Sec. 1411. Eligibility. ‘‘Sec. 1412. Allocation of funds. ‘‘Sec. 1413. State reallocation of funds. ‘‘Sec. 1414. State plan and State agency applications. ‘‘Sec. 1415. Use of funds. ‘‘Sec. 1416. Institution-wide projects. ‘‘Sec. 1417. Three-year programs or projects. ‘‘Sec. 1418. Transition services. ‘‘Sec. 1419. Technical assistance. ‘‘ SUBPART 2 — LOCAL AGENCY PROGRAMS ‘‘Sec. 1421. Purpose. ‘‘Sec. 1422. Programs operated by local educational agencies. ‘‘Sec. 1423. Local educational agency applications. ‘‘Sec. 1424. Uses of funds. ‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under this section. ‘‘Sec. 1426. Accountability. ‘‘ SUBPART 3 GENERAL PROVISIONS — ‘‘Sec. 1431. Program evaluations. ‘‘Sec. 1432. Definitions. ‘‘P ER ART LEXIBILITY FOR E QUITABLE P E—F -P UPIL F UNDING ‘‘Sec. 1501. Flexibility for equitable per-pupil funding.

8 S. 1177—8 ‘‘P F—G ENERAL P ROVISIONS ART ‘‘Sec. 1601. Federal regulations. ‘‘Sec. 1602. Agreements and records. ‘‘Sec. 1603. State administration. ‘‘Sec. 1604. Prohibition against Federal mandates, direction, or control. ‘‘Sec. 1605. Rule of construction on equalized spending. ‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS ‘‘Sec. 2001. Purpose. ‘‘Sec. 2002. Definitions. ‘‘Sec. 2003. Authorization of appropriations. A—S UPPORTING E ‘‘P I NSTRUCTION ART FFECTIVE ‘‘Sec. 2101. Formula grants to States. ‘‘Sec. 2102. Subgrants to local educational agencies. ‘‘Sec. 2103. Local uses of funds. ‘‘Sec. 2104. Reporting. ‘‘P B—N ATIONAL A ART CTIVITIES ‘‘Sec. 2201. Reservations. SUBPART 1 TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM ‘‘ — ‘‘Sec. 2211. Purposes; definitions. ‘‘Sec. 2212. Teacher and school leader incentive fund grants. ‘‘Sec. 2213. Reports. ‘‘ — LITERACY EDUCATION FOR ALL SUBPART 2 RESULTS FOR THE NATION , ‘‘Sec. 2221. Purposes; definitions. ‘‘Sec. 2222. Comprehensive literacy State development grants. ‘‘Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten entry literacy. ‘‘Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. ‘‘Sec. 2225. National evaluation and information dissemination. ‘‘Sec. 2226. Innovative approaches to literacy. ‘‘ SUBPART 3 — AMERICAN HISTORY AND CIVICS EDUCATION ‘‘Sec. 2231. Program authorized. ‘‘Sec. 2232. Presidential and congressional academies for American history and civics. ‘‘Sec. 2233. National activities. — PROGRAMS OF NATIONAL SIGNIFICANCE ‘‘ SUBPART 4 ‘‘Sec. 2241. Funding allotment. ‘‘Sec. 2242. Supporting effective educator development. ‘‘Sec. 2243. School leader recruitment and support. ‘‘Sec. 2244. Technical assistance and national evaluation. ‘‘Sec. 2245. STEM master teacher corps. ‘‘P C—G ART P ROVISIONS ENERAL ‘‘Sec. 2301. Supplement, not supplant. ‘‘Sec. 2302. Rules of construction. ‘‘TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS ‘‘Sec. 3001. Authorization of appropriations. ‘‘P ART A—E NGLISH L ANGUAGE A CQUISITION , L ANGUAGE E NHANCEMENT , AND A A CHIEVEMENT A CT CADEMIC ‘‘Sec. 3101. Short title. ‘‘Sec. 3102. Purposes. ‘‘ SUBPART 1 — GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT ‘‘Sec. 3111. Formula grants to States. ‘‘Sec. 3112. Native American and Alaska Native children in school.

9 S. 1177—9 ‘‘Sec. 3113. State and specially qualified agency plans. ‘‘Sec. 3114. Within-State allocations. ‘‘Sec. 3115. Subgrants to eligible entities. ‘‘Sec. 3116. Local plans. ‘‘ — ACCOUNTABILITY AND ADMINISTRATION SUBPART 2 ‘‘Sec. 3121. Reporting. ‘‘Sec. 3122. Biennial reports. ‘‘Sec. 3123. Coordination with related programs. ‘‘Sec. 3124. Rules of construction. ‘‘Sec. 3125. Legal authority under State law. ‘‘Sec. 3126. Civil rights. ‘‘Sec. 3127. Programs for Native Americans and Puerto Rico. ‘‘Sec. 3128. Prohibition. ‘‘ SUBPART 3 — NATIONAL ACTIVITIES ‘‘Sec. 3131. National professional development project. B—G ENERAL P ART ‘‘P ROVISIONS ‘‘Sec. 3201. Definitions. ‘‘Sec. 3202. National clearinghouse. ‘‘Sec. 3203. Regulations. ‘‘TITLE IV—21ST CENTURY SCHOOLS ‘‘Sec. 4001. General provisions. ‘‘P NRICHMENT S UPPORT AND A CADEMIC E TUDENT G RANTS ART A—S ‘‘ SUBPART 1 STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS — ‘‘Sec. 4101. Purpose. ‘‘Sec. 4102. Definitions. ‘‘Sec. 4103. Formula grants to States. ‘‘Sec. 4104. State use of funds. ‘‘Sec. 4105. Allocations to local educational agencies. ‘‘Sec. 4106. Local educational agency applications. ‘‘Sec. 4107. Activities to support well-rounded educational opportunities. ‘‘Sec. 4108. Activities to support safe and healthy students. ‘‘Sec. 4109. Activities to support the effective use of technology. ‘‘Sec. 4110. Supplement, not supplant. ‘‘Sec. 4111. Rule of construction. ‘‘Sec. 4112. Authorization of appropriations. ‘‘ — SUBPART 2 INTERNET SAFETY ‘‘4121. Internet safety. ‘‘P B—21 ST C ENTURY C OMMUNITY ART EARNING C ENTERS L ‘‘Sec. 4201. Purpose; definitions. ‘‘Sec. 4202. Allotments to States. ‘‘Sec. 4203. State application. ‘‘Sec. 4204. Local competitive subgrant program. ‘‘Sec. 4205. Local activities. ‘‘Sec. 4206. Authorization of appropriations. ‘‘P ART C—E XPANDING O PPORTUNITY T HROUGH Q UALITY C HARTER S CHOOLS ‘‘Sec. 4301. Purpose. ‘‘Sec. 4302. Program authorized. ‘‘Sec. 4303. Grants to support high-quality charter schools. ‘‘Sec. 4304. Facilities financing assistance. ‘‘Sec. 4305. National activities. ‘‘Sec. 4306. Federal formula allocation during first year and for successive enroll- ment expansions. ‘‘Sec. 4307. Solicitation of input from charter school operators. ‘‘Sec. 4308. Records transfer. ‘‘Sec. 4309. Paperwork reduction. ‘‘Sec. 4310. Definitions. ‘‘Sec. 4311. Authorization of appropriations. ‘‘P CHOOLS D—M AGNET S ART A SSISTANCE ‘‘Sec. 4401. Findings and purpose. ‘‘Sec. 4402. Definition.

10 S. 1177—10 ‘‘Sec. 4403. Program authorized. ‘‘Sec. 4404. Eligibility. ‘‘Sec. 4405. Applications and requirements. ‘‘Sec. 4406. Priority. ‘‘Sec. 4407. Use of funds. ‘‘Sec. 4408. Limitations. ‘‘Sec. 4409. Authorization of appropriations; reservation. ‘‘P ROGRAMS NGAGEMENT IN E ART P E AMILY E—F DUCATION ‘‘Sec. 4501. Purposes. ‘‘Sec. 4502. Grants authorized. ‘‘Sec. 4503. Applications. ‘‘Sec. 4504. Uses of funds. ‘‘Sec. 4505. Family engagement in Indian schools. ‘‘Sec. 4506. Authorization of appropriations. ‘‘P ART F—N ATIONAL CTIVITIES A ‘‘Sec. 4601. Authorization of appropriations; reservations. ‘‘ SUBPART 1 EDUCATION INNOVATION AND RESEARCH — ‘‘Sec. 4611. Grants for education innovation and research. SUBPART 2 — ‘‘ COMMUNITY SUPPORT FOR SCHOOL SUCCESS ‘‘Sec. 4621. Purposes. ‘‘Sec. 4622. Definitions. ‘‘Sec. 4623. Program authorized. ‘‘Sec. 4624. Promise neighborhoods. ‘‘Sec. 4625. Full-service community schools. ‘‘ — NATIONAL ACTIVITIES FOR SCHOOL SAFETY SUBPART 3 ‘‘Sec. 4631. National activities for school safety. ‘‘ SUBPART 4 ACADEMIC ENRICHMENT — ‘‘Sec. 4641. Awards for academic enrichment. ‘‘Sec. 4642. Assistance for arts education. ‘‘Sec. 4643. Ready to learn programming. ‘‘Sec. 4644. Supporting high-ability learners and learning. ‘‘TITLE V—FLEXIBILITY AND ACCOUNTABILITY ‘‘P ART A—F UNDING T RANSFERABILITY FOR S TATE AND L OCAL E DUCATIONAL A GENCIES ‘‘Sec. 5101. Short title. ‘‘Sec. 5102. Purpose. ‘‘Sec. 5103. Transferability of funds. ‘‘P B—R URAL E DUCATION I NITIATIVE ART ‘‘Sec. 5201. Short title. ‘‘Sec. 5202. Purpose. ‘‘ SUBPART 1 — SMALL , RURAL SCHOOL ACHIEVEMENT PROGRAM ‘‘Sec. 5211. Use of applicable funding. ‘‘Sec. 5212. Grant program authorized. ‘‘ SUBPART 2 — RURAL AND LOW - INCOME SCHOOL PROGRAM ‘‘Sec. 5221. Program authorized. ‘‘Sec. 5222. Use of funds. ‘‘Sec. 5223. Applications. ‘‘Sec. 5224. Report. ‘‘Sec. 5225. Choice of participation. ‘‘P ART C—G ENERAL P ROVISIONS ‘‘Sec. 5301. Prohibition against Federal mandates, direction, or control. ‘‘Sec. 5302. Rule of construction on equalized spending. ‘‘TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION ‘‘P ART A—I NDIAN E DUCATION ‘‘Sec. 6101. Statement of policy.

11 S. 1177—11 ‘‘Sec. 6102. Purpose. SUBPART 1 — ‘‘ FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES ‘‘Sec. 6111. Purpose. ‘‘Sec. 6112. Grants to local educational agencies and tribes. ‘‘Sec. 6113. Amount of grants. ‘‘Sec. 6114. Applications. ‘‘Sec. 6115. Authorized services and activities. ‘‘Sec. 6116. Integration of services authorized. ‘‘Sec. 6117. Student eligibility forms. ‘‘Sec. 6118. Payments. ‘‘Sec. 6119. State educational agency review. — ‘‘ SUBPART 2 SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN ‘‘Sec. 6121. Improvement of educational opportunities for Indian children and youth. ‘‘Sec. 6122. Professional development for teachers and education professionals. ‘‘ SUBPART 3 NATIONAL ACTIVITIES — ‘‘Sec. 6131. National research activities. ‘‘Sec. 6132. Grants to tribes for education administrative planning, development, and coordination. ‘‘Sec. 6133. Native American and Alaska Native language immersion schools and programs. SUBPART 4 — FEDERAL ADMINISTRATION ‘‘ ‘‘Sec. 6141. National Advisory Council on Indian Education. ‘‘Sec. 6142. Peer review. ‘‘Sec. 6143. Preference for Indian applicants. ‘‘Sec. 6144. Minimum grant criteria. SUBPART 5 — DEFINITIONS ; AUTHORIZATIONS OF APPROPRIATIONS ‘‘ ‘‘Sec. 6151. Definitions. ‘‘Sec. 6152. Authorizations of appropriations. ‘‘P ART ATIVE H AWAIIAN E DUCATION B—N ‘‘Sec. 6201. Short title. ‘‘Sec. 6202. Findings. ‘‘Sec. 6203. Purposes. ‘‘Sec. 6204. Native Hawaiian Education Council. ‘‘Sec. 6205. Program authorized. ‘‘Sec. 6206. Administrative provisions. ‘‘Sec. 6207. Definitions. ‘‘P C—A LASKA N ART E DUCATION ATIVE ‘‘Sec. 6301. Short title. ‘‘Sec. 6302. Findings. ‘‘Sec. 6303. Purposes. ‘‘Sec. 6304. Program authorized. ‘‘Sec. 6305. Administrative provisions. ‘‘Sec. 6306. Definitions. ‘‘TITLE VII—IMPACT AID ‘‘Sec. 7001. Purpose. ‘‘Sec. 7002. Payments relating to Federal acquisition of real property. ‘‘Sec. 7003. Payments for eligible federally connected children. ‘‘Sec. 7004. Policies and procedures relating to children residing on Indian lands. ‘‘Sec. 7005. Application for payments under sections 7002 and 7003. ‘‘Sec. 7007. Construction. ‘‘Sec. 7008. Facilities. ‘‘Sec. 7009. State consideration of payments in providing State aid. ‘‘Sec. 7010. Federal administration. ‘‘Sec. 7011. Administrative hearings and judicial review. ‘‘Sec. 7012. Forgiveness of overpayments. ‘‘Sec. 7013. Definitions. ‘‘Sec. 7014. Authorization of appropriations. ‘‘TITLE VIII—GENERAL PROVISIONS ‘‘P ART A—D EFINITIONS ‘‘Sec. 8101. Definitions.

12 S. 1177—12 ‘‘Sec. 8102. Applicability of title. ‘‘Sec. 8103. Applicability to Bureau of Indian Education operated schools. ‘‘P LEXIBILITY IN THE U SE OF A DMINISTRATIVE AND O THER F B—F ART UNDS ‘‘Sec. 8201. Consolidation of State administrative funds for elementary and sec- ondary education programs. ‘‘Sec. 8202. Single local educational agency States. ‘‘Sec. 8203. Consolidation of funds for local administration. ‘‘Sec. 8204. Consolidated set-aside for Department of the Interior funds. ‘‘Sec. 8205. Department staff. ‘‘P C—C OORDINATION OF P ROGRAMS ART ONSOLIDATED S TATE AND L OCAL P LANS ; C AND PPLICATIONS A ‘‘Sec. 8301. Purposes. ‘‘Sec. 8302. Optional consolidated State plans or applications. ‘‘Sec. 8303. Consolidated reporting. ‘‘Sec. 8304. General applicability of State educational agency assurances. ‘‘Sec. 8305. Consolidated local plans or applications. ‘‘Sec. 8306. Other general assurances. ‘‘P D—W AIVERS ART ‘‘Sec. 8401. Waivers of statutory and regulatory requirements. ‘‘P ART E—A PPROVAL AND D ISAPPROVAL OF S TATE P LANS AND L OCAL A PPLICATIONS ‘‘Sec. 8451. Approval and disapproval of State plans. ‘‘Sec. 8452. Approval and disapproval of local educational agency applications. ‘‘P ART P ROVISIONS F—U NIFORM — PRIVATE SCHOOLS ‘‘ SUBPART 1 ‘‘Sec. 8501. Participation by private school children and teachers. ‘‘Sec. 8502. Standards for by-pass. ‘‘Sec. 8503. Complaint process for participation of private school children. ‘‘Sec. 8504. By-pass determination process. ‘‘Sec. 8505. Prohibition against funds for religious worship or instruction. ‘‘Sec. 8506. Private, religious, and home schools. ‘‘ SUBPART 2 — OTHER PROVISIONS ‘‘Sec. 8521. Maintenance of effort. ‘‘Sec. 8522. Prohibition regarding State aid. ‘‘Sec. 8523. Privacy of assessment results. ‘‘Sec. 8524. School prayer. ‘‘Sec. 8525. Equal access to public school facilities. ‘‘Sec. 8526. Prohibited uses of funds ‘‘Sec. 8526A. Prohibition against Federal mandates, direction, or control. ‘‘Sec. 8527. Prohibitions on Federal Government and use of Federal funds. ‘‘Sec. 8528. Armed Forces recruiter access to students and student recruiting infor- mation. ‘‘Sec. 8529. Prohibition on federally sponsored testing. ‘‘Sec. 8530. Limitations on national testing or certification for teachers, principals, or other school leaders. ‘‘Sec. 8530A. Prohibition on requiring State participation. ‘‘Sec. 8531. Prohibition on nationwide database. ‘‘Sec. 8532. Unsafe school choice option. ‘‘Sec. 8533. Prohibition on discrimination. ‘‘Sec. 8534. Civil rights. ‘‘Sec. 8535. Rulemaking. ‘‘Sec. 8536. Severability. ‘‘Sec. 8537. Transfer of school disciplinary records. ‘‘Sec. 8538. Consultation with Indian tribes and tribal organizations. ‘‘Sec. 8539. Outreach and technical assistance for rural local educational agencies. ‘‘Sec. 8540. Consultation with the Governor. ‘‘Sec. 8541. Local governance. ‘‘Sec. 8542. Rule of construction regarding travel to and from school. ‘‘Sec. 8543. Limitations on school-based health centers. ‘‘Sec. 8544. State control over standards. ‘‘Sec. 8545. Sense of Congress on protecting student privacy. ‘‘Sec. 8546. Prohibition on aiding and abetting sexual abuse. ‘‘Sec. 8547. Sense of Congress on restoration of State sovereignty over public edu- cation.

13 S. 1177—13 ‘‘Sec. 8548. Privacy. ‘‘Sec. 8549. Analysis and periodic review of departmental guidance. ‘‘Sec. 8549A. Sense of Congress. ‘‘Sec. 8549B. Sense of Congress on early learning and child care. ‘‘Sec. 8549C. Technical assistance. ‘‘ SUBPART 3 TEACHER LIABILITY PROTECTION — ‘‘Sec. 8551. Short title. ‘‘Sec. 8552. Purpose. ‘‘Sec. 8553. Definitions. ‘‘Sec. 8554. Applicability. ‘‘Sec. 8555. Preemption and election of State nonapplicability. ‘‘Sec. 8556. Limitation on liability for teachers. ‘‘Sec. 8557. Allocation of responsibility for noneconomic loss. ‘‘Sec. 8558. Effective date. ‘‘ SUBPART 4 GUN POSSESSION — ‘‘Sec. 8561. Gun-free requirements. ‘‘ — ENVIRONMENTAL TOBACCO SMOKE SUBPART 5 ‘‘Sec. 8571. Short title. ‘‘Sec. 8572. Definitions. ‘‘Sec. 8573. Nonsmoking policy for children’s services. ‘‘Sec. 8574. Preemption. ‘‘P ART G—E VALUATIONS ‘‘Sec. 8601. Evaluations.’’. TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL AGENCIES PART A—IMPROVING BASIC PROGRAMS OPER- ATED BY STATE AND LOCAL EDUCATIONAL AGENCIES SEC. 1000. REDESIGNATIONS. Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended— (1) by striking sections 1116, 1117, and 1119; (2) by redesignating section 1118 as section 1116; (3) by redesignating section 1120 as section 1117; (4) by redesignating section 1120A as section 1118; and (5) by redesignating section 1120B as section 1119. SEC. 1001. STATEMENT OF PURPOSE. Section 1001 (20 U.S.C. 6301) is amended to read as follows: ‘‘SEC. 1001. STATEMENT OF PURPOSE. ‘‘The purpose of this title is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.’’. SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. Section 1002 (20 U.S.C. 6302) is amended to read as follows: ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) L OCAL E DUCATIONAL A GENCY G RANTS .—There are author- ized to be appropriated to carry out the activities described in part A—

14 S. 1177—14 ‘‘(1) $15,012,317,605 for fiscal year 2017; ‘‘(2) $15,457,459,042 for fiscal year 2018; ‘‘(3) $15,897,371,442 for fiscal year 2019; and ‘‘(4) $16,182,344,591 for fiscal year 2020. ‘‘(b) S A .—There are authorized to be appro- SSESSMENTS TATE priated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020. ‘‘(c) E IGRATORY C HILDREN .—There are author- DUCATION OF M ized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020. I NTERVENTION P REVENTION AND C HILDREN ‘‘(d) P ROGRAMS FOR Y AND W HO A RE N EGLECTED , D ELINQUENT , OR A T - RISK .— OUTH There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020. EDERAL A CTIVITIES .—For the purpose of carrying out ‘‘(e) F evaluation activities related to title I under section 8601, there are authorized to be appropriated $710,000 for each of fiscal years 2017 through 2020. ‘‘(f) S ENSE OF C ONGRESS R EGARDING A DJUSTMENTS TO A UTHORIZATIONS OF PPROPRIATIONS P ROVIDED IN T HIS A CT FOR A F UTURE UDGET A GREEMENTS .—It is the sense of Congress that B if legislation is enacted that revises the limits on discretionary spending established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the levels of appropriations authorized throughout this Act should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discretionary spending.’’. SEC. 1003. SCHOOL IMPROVEMENT. Section 1003 (20 U.S.C. 6303) is amended to read as follows: ‘‘SEC. 1003. SCHOOL IMPROVEMENT. ‘‘(a) S TATE R ESERVATIONS .—To carry out subsection (b) and the State educational agency’s statewide system of technical assist- ance and support for local educational agencies, each State shall reserve the greater of— ‘‘(1) 7 percent of the amount the State receives under subpart 2 of part A; or ‘‘(2) the sum of the amount the State— ‘‘(A) reserved for fiscal year 2016 under this subsection, as in effect on the day before the date of enactment of the Every Student Succeeds Act; and ‘‘(B) received for fiscal year 2016 under subsection (g), as in effect on the day before the date of enactment of the Every Student Succeeds Act. ‘‘(b) U SES .—Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— ‘‘(1)(A) shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); or ‘‘(B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers

15 S. 1177—15 with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and ‘‘(2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include— ‘‘(A) establishing the method, consistent with para- graph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring— ‘‘(i) the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and ‘‘(ii) that allotments are of sufficient size to enable a local educational agency to effectively implement selected strategies; ‘‘(B) monitoring and evaluating the use of funds by local educational agencies receiving an allotment under such paragraph; and ‘‘(C) as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d). ‘‘(c) D URATION .—The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year. .—Nothing in this section shall ULE OF C ONSTRUCTION ‘‘(d) R be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local edu- cational agencies, or an educational service agency that serves schools implementing comprehensive support and improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational agencies in the State. PPLICATION .—To receive an allotment under subsection ‘‘(e) A (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— ‘‘(1) a description of how the local educational agency will carry out its responsibilities under section 1111(d) for schools receiving funds under this section, including how the local educational agency will— ‘‘(A) develop comprehensive support and improvement plans under section 1111(d)(1) for schools receiving funds under this section; ‘‘(B) support schools developing or implementing tar- geted support and improvement plans under section 1111(d)(2), if funds received under this section are used for such purpose; ‘‘(C) monitor schools receiving funds under this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section 1111(d)(2)(B) if funds received under this section are used to support schools implementing targeted support and improvement plans;

16 S. 1177—16 ‘‘(D) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner; ‘‘(E) align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and ‘‘(F) as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementation of the plans described in paragraphs (1) and (2) of section 1111(d); and ‘‘(2) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this section. ‘‘(f) P RIORITY .—The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— ‘‘(1) serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 1111(d); ‘‘(2) demonstrate the greatest need for such funds, as deter- mined by the State; and ‘‘(3) demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes. NUSED ‘‘(g) U UNDS .—If, after consultation with local edu- F cational agencies in the State, the State educational agency deter- mines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accord- ance with— ‘‘(1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or ‘‘(2) section 1126(c). ‘‘(h) S R ULE .—Notwithstanding any other provision of PECIAL this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subse- quent fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. ‘‘(i) R EPORTING .—The State shall include in the report described in section 1111(h)(1) a list of all the local educational agencies and schools that received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds.’’. SEC. 1004. DIRECT STUDENT SERVICES. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303) the following: ‘‘SEC. 1003A. DIRECT STUDENT SERVICES. ‘‘(a) S TATE R ESERVATION .— ‘‘(1) I N GENERAL .—

17 S. 1177—17 ‘‘(A) S .—Each State educational agency, after TATES meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section. ‘‘(B) C .—A State educational agency shall ONSULTATION consult under subparagraph (A) with local educational agencies that include— ‘‘(i) suburban, rural, and urban local educational agencies; ‘‘(ii) local educational agencies serving a high percentage of schools identified by the State for com- prehensive support and improvement under section 1111(c)(4)(D)(i); and ‘‘(iii) local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2). ‘‘(2) P ROGRAM ADMINISTRATION .—Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section. WARDS ‘‘(b) A .— ‘‘(1) I N GENERAL .—From the amount reserved under sub- section (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local edu- cational agencies described in subsection (a)(1)(B)(i). ‘‘(2) P RIORITY .—In making such awards, the State edu- cational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as compared to other local educational agencies in the State— ‘‘(A) identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); or ‘‘(B) implementing targeted support and improvement plans under section 1111(d)(2). OCAL U ‘‘(c) L F UNDS .—A local educational agency receiving SE OF an award under this section— ‘‘(1) may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local edu- cational agency and State; ‘‘(2) may use not more than 2 percent of its award for administrative costs related to such direct student services; ‘‘(3) shall use the remainder of the award to pay the costs associated with one or more of the following direct student services— ‘‘(A) enrollment and participation in academic courses not otherwise available at a student’s school, including— ‘‘(i) advanced courses; and ‘‘(ii) career and technical education coursework that— ‘‘(I) is aligned with the challenging State aca- demic standards; and ‘‘(II) leads to industry-recognized credentials that meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102);

18 S. 1177—18 ‘‘(B) credit recovery and academic acceleration courses that lead to a regular high school diploma; ‘‘(C) activities that assist students in successfully com- pleting postsecondary level instruction and examinations that are accepted for credit at institutions of higher edu- cation (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations; ‘‘(D) components of a personalized learning approach, which may include high-quality academic tutoring; and ‘‘(E) in the case of a local educational agency that does not reserve funds under section 1111(d)(1)(D)(v), transportation to allow a student enrolled in a school identi- fied for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and ‘‘(4) in paying the costs associated with the direct student services described in paragraph (3), shall— ‘‘(A) first, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); ‘‘(B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 1111(d)(2); and ‘‘(C) with any remaining funds, pay such costs for other low-achieving students served by the local edu- cational agency. ‘‘(d) A PPLICATION .—A local educational agency desiring to receive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will— ‘‘(1) provide adequate outreach to ensure parents can exer- cise a meaningful choice of direct student services for their child’s education; ‘‘(2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service; ‘‘(3) in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options; ‘‘(4) prioritize services to students who are lowest-achieving; ‘‘(5) select providers of direct student services, which may include one or more of— ‘‘(A) the local educational agency or other local edu- cational agencies; ‘‘(B) community colleges or other institutions of higher education; ‘‘(C) non-public entities; ‘‘(D) community-based organizations; or ‘‘(E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and

19 S. 1177—19 approved by the State and appear on the State’s list of such providers required under subsection (e)(2); ‘‘(6) monitor the provision of direct student services; and ‘‘(7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents. ‘‘(e) P CHOOLS .—A State educational agency that S ROVIDERS AND reserves an amount under subsection (a) shall— ‘‘(1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents; ‘‘(2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that— ‘‘(A) is developed using a fair negotiation and rigorous selection and approval process; ‘‘(B) provides parents with meaningful choices; ‘‘(C) offers a range of tutoring models, including online and on campus; and ‘‘(D) includes only providers that— ‘‘(i) have a demonstrated record of success in increasing students’ academic achievement; ‘‘(ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and ‘‘(iii) provide instruction and content that is sec- ular, neutral, and non-ideological; ‘‘(3) ensure that each local educational agency receiving an award is able to provide an adequate number of high- quality academic tutoring options to ensure parents have a meaningful choice of services; ‘‘(4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and ‘‘(5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2).’’. SEC. 1005. STATE PLANS. Section 1111 (20 U.S.C. 6311) is amended to read as follows: ‘‘SEC. 1111. STATE PLANS. ‘‘(a) F ILING FOR G RANTS .— ‘‘(1) I .—For any State desiring to receive a grant N GENERAL under this part, the State educational agency shall file with the Secretary a plan that is— ‘‘(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of edu- cation (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and

20 S. 1177—20 ‘‘(B) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Tech- nical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the Education Tech- nical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621 et seq.), the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.). ‘‘(2) L IMITATION .—Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section. ONSOLIDATED PLAN .—A State plan submitted under ‘‘(3) C paragraph (1) may be submitted as part of a consolidated plan under section 8302. ‘‘(4) P EER REVIEW AND SECRETARIAL APPROVAL .— .—The Secretary shall— N GENERAL ‘‘(A) I ‘‘(i) establish a peer-review process to assist in the review of State plans; ‘‘(ii) establish multidisciplinary peer-review teams and appoint members of such teams— ‘‘(I) who are representative of— ‘‘(aa) parents, teachers, principals, other school leaders, specialized instructional sup- port personnel, State educational agencies, local educational agencies, and the community (including the business community); and ‘‘(bb) researchers who are familiar with— ‘‘(AA) the implementation of academic standards, assessments, or accountability systems; and ‘‘(BB) how to meet the needs of dis- advantaged students, children with disabilities, and English learners, the needs of low-performing schools, and other educational needs of students; ‘‘(II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State edu- cational agency); and ‘‘(III) who represent a regionally diverse cross- section of States; ‘‘(iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who have reviewed State plans under this section;

21 S. 1177—21 ‘‘(iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans; ‘‘(v) approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi); ‘‘(vi) have the authority to disapprove a State plan only if— ‘‘(I) the Secretary— ‘‘(aa) determines how the State plan fails to meet the requirements of this section; ‘‘(bb) immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to substantiate such determination; ‘‘(cc) offers the State an opportunity to revise and resubmit its State plan, and pro- vides the State— ‘‘(AA) technical assistance to assist the State in meeting the requirements of this section; ‘‘(BB) in writing, all peer-review com- ments, suggestions, recommendations, or concerns relating to its State plan; and ‘‘(CC) a hearing, unless the State declines the opportunity for such hearing; and ‘‘(II) the State— ‘‘(aa) does not revise and resubmit its State plan; or ‘‘(bb) in a case in which a State revises and resubmits its State plan after a hearing is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section. ‘‘(B) P OF REVIEW .—The peer-review URPOSE PEER process shall be designed to— ‘‘(i) maximize collaboration with each State; ‘‘(ii) promote effective implementation of the chal- lenging State academic standards through State and local innovation; and ‘‘(iii) provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans. ‘‘(C) S TANDARD AND NATURE OF REVIEW .—Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local- led innovation and providing objective feedback on the technical and overall quality of a State plan. ‘‘(D) P ROHIBITION .—Neither the Secretary nor the polit- ical appointees of the Department, may attempt to partici- pate in, or influence, the peer-review process. ‘‘(5) P UBLIC REVIEW .—All written communications, feed- back, and notifications under this subsection shall be conducted

22 S. 1177—22 in a manner that is transparent and immediately made avail- able to the public on the Department’s website, including— ‘‘(A) plans submitted or resubmitted by a State; ‘‘(B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work); ‘‘(C) State plan determinations by the Secretary, including approvals or disapprovals; and ‘‘(D) notices and transcripts of hearings under this section. ‘‘(6) D URATION OF THE PLAN .— .—Each State plan shall— ‘‘(A) I N GENERAL ‘‘(i) remain in effect for the duration of the State’s participation under this part; and ‘‘(ii) be periodically reviewed and revised as nec- essary by the State educational agency to reflect changes in the State’s strategies and programs under this part. ‘‘(B) A DDITIONAL INFORMATION .— N GENERAL ‘‘(i) I .—If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan. EVIEW OF REVISED PLANS .—The Secretary ‘‘(ii) R shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph. ‘‘(iii) S PECIAL RULE FOR STANDARDS .—If a State makes changes to its challenging State academic stand- ards, the requirements of subsection (b)(1), including the requirement that such standards need not be sub- mitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply. ‘‘(7) F AILURE TO MEET REQUIREMENTS .—If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. ‘‘(8) P UBLIC COMMENT .—Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily acces- sible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public com- ments were taken into account in the development of the State plan. ‘‘(b) C A CADEMIC S TANDARDS AND A CADEMIC HALLENGING A SSESSMENTS .— ‘‘(1) C HALLENGING STATE ACADEMIC STANDARDS .— ‘‘(A) I N GENERAL .—Each State, in the plan it files under subsection (a), shall provide an assurance that the State has adopted challenging academic content standards and

23 S. 1177—23 aligned academic achievement standards (referred to in this Act as ‘challenging State academic standards’), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary. AME STANDARDS .—Except as provided in subpara- ‘‘(B) S graph (E), the standards required by subparagraph (A) shall— ‘‘(i) apply to all public schools and public school students in the State; and ‘‘(ii) with respect to academic achievement stand- ards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State. ‘‘(C) S .—The State shall have such academic UBJECTS standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the State. ‘‘(D) A LIGNMENT .— N GENERAL ‘‘(i) I .—Each State shall demonstrate that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards. ‘‘(ii) R ULE OF CONSTRUCTION .—Nothing in this Act shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this para- graph. LTERNATE ACADEMIC ACHIEVEMENT STANDARDS ‘‘(E) A FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES .— N GENERAL .—The State may, through a docu- ‘‘(i) I mented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, pro- vided those standards— ‘‘(I) are aligned with the challenging State aca- demic content standards under subparagraph (A); ‘‘(II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ‘‘(III) reflect professional judgment as to the highest possible standards achievable by such stu- dents; ‘‘(IV) are designated in the individualized edu- cation program developed under section 614(d)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(3)) for each such student as the academic achievement standards that will be used for the student; and ‘‘(V) are aligned to ensure that a student who meets the alternate academic achievement stand- ards is on track to pursue postsecondary education

24 S. 1177—24 or employment, consistent with the purposes of Public Law 93–112, as in effect on July 22, 2014. ‘‘(ii) P ROHIBITION ON ANY OTHER ALTERNATE OR ACHIEVEMENT .—A ACADEMIC MODIFIED STANDARDS State shall not develop, or implement for use under this part, any alternate academic achievement stand- ards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). ‘‘(F) E NGLISH LANGUAGE PROFICIENCY STANDARDS .— Each State plan shall demonstrate that the State has adopted English language proficiency standards that— ‘‘(i) are derived from the 4 recognized domains of speaking, listening, reading, and writing; ‘‘(ii) address the different proficiency levels of English learners; and ‘‘(iii) are aligned with the challenging State aca- demic standards. ‘‘(G) P ROHIBITIONS .— TANDARDS REVIEW OR APPROVAL .—A State ‘‘(i) S shall not be required to submit any standards devel- oped under this subsection to the Secretary for review or approval. ‘‘(ii) F EDERAL CONTROL .—The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State. XISTING STANDARDS ‘‘(H) E .—Nothing in this part shall prohibit a State from revising, consistent with this section, any standards adopted under this part before or after the date of enactment of the Every Student Succeeds Act. CADEMIC ASSESSMENTS .— ‘‘(2) A N GENERAL .—Each State plan shall demonstrate ‘‘(A) I that the State educational agency, in consultation with local educational agencies, has implemented a set of high- quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the State. ‘‘(B) R .—The assessments under subpara- EQUIREMENTS graph (A) shall— ‘‘(i) except as provided in subparagraph (D), be— ‘‘(I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and ‘‘(II) administered to all public elementary school and secondary school students in the State; ‘‘(ii) be aligned with the challenging State academic standards, and provide coherent and timely informa- tion about student attainment of such standards and whether the student is performing at the student’s grade level; ‘‘(iii) be used for purposes for which such assess- ments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing

25 S. 1177—25 standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; ‘‘(iv) be of adequate technical quality for each pur- pose required under this Act and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the State educational agency; ‘‘(v)(I) in the case of mathematics and reading or language arts, be administered— ‘‘(aa) in each of grades 3 through 8; and ‘‘(bb) at least once in grades 9 through 12; ‘‘(II) in the case of science, be administered not less than one time during— ‘‘(aa) grades 3 through 5; ‘‘(bb) grades 6 through 9; and ‘‘(cc) grades 10 through 12; and ‘‘(III) in the case of any other subject chosen by the State, be administered at the discretion of the State; ‘‘(vi) involve multiple up-to-date measures of stu- dent academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; ‘‘(vii) provide for— ‘‘(I) the participation in such assessments of all students; ‘‘(II) the appropriate accommodations, such as interoperability with, and ability to use, assistive technology, for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), including students with the most significant cog- nitive disabilities, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.), necessary to measure the academic achievement of such chil- dren relative to the challenging State academic standards or alternate academic achievement standards described in paragraph (1)(E); and ‘‘(III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent prac- ticable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under subparagraph (G); ‘‘(viii) at the State’s discretion—

26 S. 1177—26 ‘‘(I) be administered through a single summative assessment; or ‘‘(II) be administered through multiple state- wide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth; ‘‘(ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or lan- guage arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such stu- dent in the appropriate language other than English for a period that does not exceed 2 additional consecu- tive years, provided that such student has not yet reached a level of English language proficiency suffi- cient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; ‘‘(x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), regarding achievement on such assessments that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; ‘‘(xi) enable results to be disaggregated within each State, local educational agency, and school by— ‘‘(I) each major racial and ethnic group; ‘‘(II) economically disadvantaged students as compared to students who are not economically disadvantaged; ‘‘(III) children with disabilities as compared to children without disabilities; ‘‘(IV) English proficiency status; ‘‘(V) gender; and ‘‘(VI) migrant status, except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; ‘‘(xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local edu- cational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of

27 S. 1177—27 students as indicated by the students’ achievement on assessment items; and ‘‘(xiii) be developed, to the extent practicable, using the principles of universal design for learning. FOR MATHEMATICS IN ‘‘(C) E ADVANCED XCEPTION MIDDLE SCHOOL .—A State may exempt any 8th grade stu- dent from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if— ‘‘(i) such student takes the end-of-course assess- ment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathe- matics; ‘‘(ii) such student’s achievement on such end-of- course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student’s achievement on the mathematics assessment required under subpara- graph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of sub- section (c)(4)(B)(vi); and ‘‘(iii) in high school, such student takes a mathe- matics assessment pursuant to subparagraph (B)(v)(I)(bb) that— ‘‘(I) is any end-of-course assessment or other assessment that is more advanced than the assess- ment taken by such student under clause (i) of this subparagraph; and ‘‘(II) shall be used to measure such student’s academic achievement for purposes of subsection (c)(4)(B)(i). ‘‘(D) A LTERNATE ASSESSMENTS FOR STUDENTS WITH THE .— MOST SIGNIFICANT COGNITIVE DISABILITIES ‘‘(i) A LTERNATE ASSESSMENTS ALIGNED WITH ALTER - NATE ACADEMIC ACHIEVEMENT STANDARDS .—A State may provide for alternate assessments aligned with the challenging State academic standards and alter- nate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— ‘‘(I) consistent with clause (ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assess- ments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject; ‘‘(II) ensures that the parents of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individ- uals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)))— ‘‘(aa) that their child’s academic achieve- ment will be measured based on such alternate standards; and ‘‘(bb) how participation in such assess- ments may delay or otherwise affect the stu- dent from completing the requirements for a regular high school diploma;

28 S. 1177—28 ‘‘(III) promotes, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum; ‘‘(IV) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments; ‘‘(V) describes in the State plan that general and special education teachers, and other appro- priate staff— ‘‘(aa) know how to administer the alter- nate assessments; and ‘‘(bb) make appropriate use of accommoda- tions for students with disabilities on all assessments required under this paragraph; ‘‘(VI) develops, disseminates information on, and promotes the use of appropriate accommoda- tions to increase the number of students with significant cognitive disabilities— ‘‘(aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and ‘‘(bb) who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and ‘‘(VII) does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate aca- demic achievement standards from attempting to complete the requirements for a regular high school diploma. ‘‘(ii) S .— PECIAL RULES ‘‘(I) R ESPONSIBILITY UNDER IDEA .—Subject to the authority and requirements for the individual- ized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, con- sistent with the guidelines established by the State and required under section 612(a)(16)(C) of such Act (20 U.S.C. 1412(c)(16)(C)) and clause (i)(II) of this subparagraph, shall determine when a child with a significant cognitive disability shall partici- pate in an alternate assessment aligned with the alternate academic achievement standards. ‘‘(II) P ROHIBITION ON LOCAL CAP .—Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to impose on any local educational agency a cap on the percentage of students administered an alter- nate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I) shall submit information to the State educational agency justi- fying the need to exceed such cap.

29 S. 1177—29 ‘‘(III) S .—A State shall provide TATE SUPPORT appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II). AIVER AUTHORITY .—This subparagraph ‘‘(IV) W shall be subject to the waiver authority under section 8401. TATE AUTHORITY .—If a State educational agency ‘‘(E) S provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State aca- demic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and sec- ondary schools, then the State educational agency may meet the requirements of this subsection by— ‘‘(i) adopting academic standards and academic assessments that meet the requirements of this sub- section, on a statewide basis, and limiting their applicability to students served under this part; or ‘‘(ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt aca- demic content and student academic achievement standards, and academic assessments aligned with such standards, which— ‘‘(I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and ‘‘(II) are applicable to all students served by each such local educational agency. ‘‘(F) L ANGUAGE ASSESSMENTS .— N GENERAL ‘‘(i) I .—Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed. ‘‘(ii) S .—The State shall ECRETARIAL ASSISTANCE make every effort to develop such assessments and may request assistance from the Secretary if linguis- tically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not man- date a specific academic assessment or mode of instruc- tion. ‘‘(G) A SSESSMENTS OF ENGLISH LANGUAGE PRO - FICIENCY .— N GENERAL .—Each State plan shall dem- ‘‘(i) I onstrate that local educational agencies in the State will provide for an annual assessment of English pro- ficiency of all English learners in the schools served by the State educational agency.

30 S. 1177—30 ‘‘(ii) A .—The assessments described in LIGNMENT clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph (1)(F). ‘‘(H) L - .— SELECTED ASSESSMENT OCALLY ‘‘(i) I N GENERAL .—Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a nation- ally-recognized high school academic assessment that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph. .—To allow for TATE TECHNICAL CRITERIA ‘‘(ii) S State approval of nationally-recognized high school aca- demic assessments that are available for local selection under clause (i), a State educational agency shall estab- lish technical criteria to determine if any such assess- ment meets the requirements of clause (v). ‘‘(iii) S TATE APPROVAL .—If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not already been approved under this clause, such State educational agency shall— ‘‘(I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State edu- cational agency under clause (ii); ‘‘(II) submit evidence in accordance with sub- section (a)(4) that demonstrates such assessment meets the requirements of clause (v); and ‘‘(III) after fulfilling the requirements of sub- clauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i). ‘‘(iv) L OCAL EDUCATIONAL AGENCY OPTION .— ‘‘(I) L OCAL EDUCATIONAL AGENCY .—If a local educational agency chooses to submit a nationally- recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i). ‘‘(II) S TATE EDUCATIONAL AGENCY .—Upon such approval, the State educational agency shall approve the use of such assessment in any other local educational agency in the State that subse- quently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii).

31 S. 1177—31 ‘‘(v) R .—To receive approval from the EQUIREMENTS State educational agency under clause (iii), a locally- selected assessment shall— ‘‘(I) be aligned to the State’s academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this para- graph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments); ‘‘(II) provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in sub- section (c)(2), with results expressed in terms con- sistent with the State’s academic achievement standards under paragraph (1), among all local educational agencies within the State; ‘‘(III) meet the requirements for the assess- ments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under clause (i) of such subparagraph; and ‘‘(IV) provide unbiased, rational, and con- sistent differentiation between schools within the State to meet the requirements of subsection (c). ‘‘(vi) P ARENTAL NOTIFICATION .—A local educational agency shall notify the parents of high school students served by the local educational agency— ‘‘(I) of its request to the State educational agency for approval to administer a locally-selected assessment; and ‘‘(II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local educational agency will be admin- istering a different assessment than the State- designed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v). EFERRAL .—A State may defer the commencement, ‘‘(I) D or suspend the administration, but not cease the develop- ment, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000. ‘‘(J) A .— DAPTIVE ASSESSMENTS ‘‘(i) I N GENERAL .—Subject to clause (ii), a State retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assess- ments meet the requirements of this paragraph, except that— ‘‘(I) subparagraph (B)(i) shall not be inter- preted to require that all students taking the com- puter adaptive assessment be administered the same assessment items; and ‘‘(II) such assessment—

32 S. 1177—32 ‘‘(aa) shall measure, at a minimum, each student’s academic proficiency based on the challenging State academic standards for the student’s grade level and growth toward such standards; and ‘‘(bb) may measure the student’s level of academic proficiency and growth using items above or below the student’s grade level, including for use as part of a State’s account- ability system under subsection (c). - TUDENTS WITH THE MOST SIGNIFICANT COG ‘‘(ii) S .—In devel- NITIVE DISABILITIES AND ENGLISH LEARNERS oping and administering computer adaptive assess- ments— ‘‘(I) as the assessments allowed under subpara- graph (D), a State shall ensure that such computer adaptive assessments— ‘‘(aa) meet the requirements of this para- graph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and ‘‘(bb) assess the student’s academic achievement to measure, in the subject being assessed, whether the student is performing at the student’s grade level; and ‘‘(II) as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments— ‘‘(aa) meet the requirements of this para- graph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and ‘‘(bb) assess the student’s language pro- ficiency, which may include growth towards such proficiency, in order to measure the stu- dent’s acquisition of English. .— ULE OF CONSTRUCTION ON PARENT RIGHTS ‘‘(K) R Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent’s child participate in the academic assessments under this paragraph. ‘‘(L) L .—Subject to Fed- IMITATION ON ASSESSMENT TIME eral or State requirements related to assessments, evalua- tions, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assess- ments for each grade, expressed as a percentage of annual instructional hours. ‘‘(3) E FOR RECENTLY ARRIVED ENGLISH XCEPTION LEARNERS .— ‘‘(A) A SSESSMENTS .—With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to— ‘‘(i) exclude—

33 S. 1177—33 ‘‘(I) such an English learner from one adminis- tration of the reading or language arts assessment required under paragraph (2); and ‘‘(II) such an English learner’s results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner’s enrollment in such a school for the pur- poses of the State-determined accountability system under subsection (c); or ‘‘(ii)(I) assess, and report the performance of, such an English learner on the reading or language arts and mathematics assessments required under para- graph (2)(B)(v)(I) in each year of the student’s enroll- ment in such a school; and ‘‘(II) for the purposes of the State-determined accountability system— ‘‘(aa) for the first year of the student’s enroll- ment in such a school, exclude the results on the assessments described in subclause (I); ‘‘(bb) include a measure of student growth on the assessments described in subclause (I) in the second year of the student’s enrollment in such a school; and ‘‘(cc) include proficiency on the assessments described in subclause (I) in the third year of the student’s enrollment in such a school, and each succeeding year of such enrollment. ‘‘(B) E .—With respect to a NGLISH LEARNER SUBGROUP student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student’s assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the sub- groups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability system. TATEWIDE CCOUNTABILITY S YSTEM .— A ‘‘(c) S N GENERAL .—Each State plan shall describe a state- ‘‘(1) I wide accountability system that complies with the requirements of this subsection and subsection (d). ‘‘(2) S UBGROUP OF STUDENTS .—In this subsection and sub- section (d), the term ‘subgroup of students’ means— ‘‘(A) economically disadvantaged students; ‘‘(B) students from major racial and ethnic groups; ‘‘(C) children with disabilities; and ‘‘(D) English learners. ‘‘(3) M INIMUM NUMBER OF STUDENTS .—Each State shall describe— ‘‘(A) with respect to any provisions under this part that require disaggregation of information by each sub- group of students— ‘‘(i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statis- tically sound, which shall be the same State-deter- mined number for all students and for each subgroup of students in the State;

34 S. 1177—34 ‘‘(ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when deter- mining such minimum number; and ‘‘(iii) how the State ensures that such minimum number is sufficient to not reveal any personally identi- fiable information. .—The statewide accountability ESCRIPTION OF SYSTEM ‘‘(4) D system described in paragraph (1) shall be based on the chal- lenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve stu- dent academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following: STABLISHMENT OF LONG TERM GOALS .—Establish - ‘‘(A) E ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting such goals— ‘‘(i) for all students and separately for each sub- group of students in the State— ‘‘(I) for, at a minimum, improved— ‘‘(aa) academic achievement, as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and ‘‘(bb) high school graduation rates, including— ‘‘(AA) the four-year adjusted cohort graduation rate; and ‘‘(BB) at the State’s discretion, the extended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long- term goal set for the four-year adjusted cohort graduation rate; ‘‘(II) for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and ‘‘(III) that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and ‘‘(ii) for English learners, for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline. ‘‘(B) I NDICATORS .—Except for the indicator described in clause (iv), annually measure, for all students and sepa- rately for each subgroup of students, the following indica- tors:

35 S. 1177—35 ‘‘(i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement— ‘‘(I) as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and ‘‘(II) at the State’s discretion, for each public high school in the State, student growth, as meas- ured by such annual assessments. ‘‘(ii) For public elementary schools and secondary schools that are not high schools in the State— ‘‘(I) a measure of student growth, if determined appropriate by the State; or ‘‘(II) another valid and reliable statewide aca- demic indicator that allows for meaningful dif- ferentiation in school performance. ‘‘(iii) For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)— ‘‘(I) the four-year adjusted cohort graduation rate; and ‘‘(II) at the State’s discretion, the extended- year adjusted cohort graduation rate. ‘‘(iv) For public schools in the State, progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners— ‘‘(I) in each of the grades 3 through 8; and ‘‘(II) in the grade for which such English learners are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in subsection (b)(2)(G) taken in the previous grade. ‘‘(v)(I) For all public schools in the State, not less than one indicator of school quality or student success that— ‘‘(aa) allows for meaningful differentiation in school performance; ‘‘(bb) is valid, reliable, comparable, and state- wide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and ‘‘(cc) may include one or more of the measures described in subclause (II). ‘‘(II) For purposes of subclause (I), the State may include measures of— ‘‘(III) student engagement; ‘‘(IV) educator engagement; ‘‘(V) student access to and completion of advanced coursework; ‘‘(VI) postsecondary readiness; ‘‘(VII) school climate and safety; and ‘‘(VIII) any other indicator the State chooses that meets the requirements of this clause.

36 S. 1177—36 ‘‘(C) A .—Estab- NNUAL MEANINGFUL DIFFERENTIATION lish a system of meaningfully differentiating, on an annual basis, all public schools in the State, which shall— ‘‘(i) be based on all indicators in the State’s accountability system under subparagraph (B), for all students and for each of subgroup of students, con- sistent with the requirements of such subparagraph; ‘‘(ii) with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford— ‘‘(I) substantial weight to each such indicator; and ‘‘(II) in the aggregate, much greater weight than is afforded to the indicator or indicators uti- lized by the State and described in subparagraph (B)(v), in the aggregate; and ‘‘(iii) include differentiation of any such school in which any subgroup of students is consistently under- performing, as determined by the State, based on all indicators under subparagraph (B) and the system established under this subparagraph. ‘‘(D) I OF SCHOOLS .—Based on the DENTIFICATION system of meaningful differentiation described in subpara- graph (C), establish a State-determined methodology to identify— ‘‘(i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive sup- port and improvement, as described in subsection (d)(1), which shall include— ‘‘(I) not less than the lowest-performing 5 per- cent of all schools receiving funds under this part in the State; ‘‘(II) all public high schools in the State failing to graduate one third or more of their students; and ‘‘(III) public schools in the State described under subsection (d)(3)(A)(i)(II); and ‘‘(ii) at the discretion of the State, additional state- wide categories of schools. ‘‘(E) A NNUAL MEASUREMENT OF ACHIEVEMENT .—(i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I). ‘‘(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of— ‘‘(I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or ‘‘(II) the number of students participating in the assessments. ‘‘(iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system.

37 S. 1177—37 ‘‘(F) P .—(i) In the case of a student ARTIAL ATTENDANCE who has not attended the same school within a local edu- cational agency for at least half of a school year, the performance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)— ‘‘(I) may not be used in the system of meaningful differentiation of all public schools as described in subparagraph (C) for such school year; and ‘‘(II) shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year. ‘‘(ii) In the case of a high school student who has not attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without transferring to another high school that grants a regular high school diploma during such school year, the local educational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school— ‘‘(I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or ‘‘(II) in which the student was most recently enrolled. ‘‘(5) A CCOUNTABILITY FOR CHARTER SCHOOLS .—The account- ability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. ‘‘(d) S CHOOL S UPPORT AND I MPROVEMENT A CTIVITIES .— ‘‘(1) C OMPREHENSIVE SUPPORT AND IMPROVEMENT .— ‘‘(A) I N GENERAL .—Each State educational agency receiving funds under this part shall notify each local edu- cational agency in the State of any school served by the local educational agency that is identified for comprehen- sive support and improvement under subsection (c)(4)(D)(i). ‘‘(B) L EDUCATIONAL AGENCY ACTION .—Upon OCAL receiving such information from the State, the local edu- cational agency shall, for each school identified by the State and in partnership with stakeholders (including prin- cipals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that— ‘‘(i) is informed by all indicators described in sub- section (c)(4)(B), including student performance against State-determined long-term goals; ‘‘(ii) includes evidence-based interventions; ‘‘(iii) is based on a school-level needs assessment; ‘‘(iv) identifies resource inequities, which may include a review of local educational agency and school- level budgeting, to be addressed through implementa- tion of such comprehensive support and improvement plan; ‘‘(v) is approved by the school, local educational agency, and State educational agency; and

38 S. 1177—38 ‘‘(vi) upon approval and implementation, is mon- itored and periodically reviewed by the State edu- cational agency. .—With ‘‘(C) S TATE EDUCATIONAL AGENCY DISCRETION respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may— ‘‘(i) permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students— ‘‘(I) returning to education after having exited secondary school without a regular high school diploma; or ‘‘(II) who, based on their grade or age, are significantly off track to accumulate sufficient aca- demic credits to meet high school graduation requirements, as established by the State; and ‘‘(ii) in the case of such a school that has a total enrollment of less than 100 students, permit the local educational agency to forego implementation of improvement activities required under this paragraph. ‘‘(D) P UBLIC SCHOOL CHOICE .— N GENERAL .—A local educational agency may ‘‘(i) I provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. ‘‘(ii) P RIORITY .—In providing students the option to transfer to another public school, the local edu- cational agency shall give priority to the lowest- achieving children from low-income families, as deter- mined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). ‘‘(iii) T REATMENT .—A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school. ‘‘(iv) S PECIAL RULE .—A local educational agency shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school. ‘‘(v) F .—A local edu- UNDING FOR TRANSPORTATION cational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. ‘‘(2) T ARGETED SUPPORT AND IMPROVEMENT .— ‘‘(A) I N GENERAL .—Each State educational agency receiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)— ‘‘(i) notify each local educational agency in the State of any school served by the local educational

39 S. 1177—39 agency in which any subgroup of students is consist- ently underperforming, as described in subsection (c)(4)(C)(iii); and ‘‘(ii) ensure such local educational agency provides notification to such school with respect to which sub- group or subgroups of students in such school are consistently underperforming as described in sub- section (c)(4)(C)(iii). ‘‘(B) T ARGETED SUPPORT AND IMPROVEMENT PLAN .— Each school receiving a notification described in this para- graph, in partnership with stakeholders (including prin- cipals and other school leaders, teachers and parents), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system estab- lished under subsection (c)(4), for each subgroup of students that was the subject of notification that— ‘‘(i) is informed by all indicators described in sub- section (c)(4)(B), including student performance against long-term goals; ‘‘(ii) includes evidence-based interventions; ‘‘(iii) is approved by the local educational agency prior to implementation of such plan; ‘‘(iv) is monitored, upon submission and implementation, by the local educational agency; and ‘‘(v) results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency. ‘‘(C) A DDITIONAL TARGETED SUPPORT .—A plan described in subparagraph (B) that is developed and implemented in any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan. ‘‘(D) S .—The State educational agency, PECIAL RULE based on the State’s differentiation of schools under sub- section (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under sub- section (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii). ‘‘(3) C ONTINUED SUPPORT FOR SCHOOL AND LOCAL EDU - CATIONAL AGENCY IMPROVEMENT .—To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency— ‘‘(A) shall— ‘‘(i) establish statewide exit criteria for—

40 S. 1177—40 ‘‘(I) schools identified by the State for com- prehensive support and improvement under sub- section (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State- determined action, such as the implementation of interventions (which may include addressing school-level operations); and ‘‘(II) schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for com- prehensive support and improvement under sub- section (c)(4)(D)(i)(III); ‘‘(ii) periodically review resource allocation to sup- port school improvement in each local educational agency in the State serving— ‘‘(I) a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and ‘‘(II) a significant number of schools imple- menting targeted support and improvement plans under paragraph (2); and ‘‘(iii) provide technical assistance to each local edu- cational agency in the State serving a significant number of— ‘‘(I) schools implementing comprehensive sup- port and improvement plans under paragraph (1); or ‘‘(II) schools implementing targeted support and improvement plans under paragraph (2); and ‘‘(B) may— ‘‘(i) take action to initiate additional improvement in any local educational agency with— ‘‘(I) a significant number of schools that are consistently identified by the State for comprehen- sive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria established by the State under subparagraph (A)(i)(I); or ‘‘(II) a significant number of schools imple- menting targeted support and improvement plans under paragraph (2); and ‘‘(ii) consistent with State law, establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i). ‘‘(4) R ULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING .— Nothing in this subsection shall be construed to alter or other- wise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. ‘‘(e) P ROHIBITION .—

41 S. 1177—41 ‘‘(1) I .—Nothing in this Act shall be construed N GENERAL to authorize or permit the Secretary— ‘‘(A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would— ‘‘(i) add new requirements that are inconsistent with or outside the scope of this part; ‘‘(ii) add new criteria that are inconsistent with or outside the scope of this part; or ‘‘(iii) be in excess of statutory authority granted to the Secretary; ‘‘(B) as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of a waiver request submitted under section 8401, to— ‘‘(i) require a State to add any requirements that are inconsistent with or outside the scope of this part; ‘‘(ii) require a State to add or delete one or more specific elements of the challenging State academic standards; or ‘‘(iii) prescribe— ‘‘(I) numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including— ‘‘(aa) the length of terms set by States in designing such goals; or ‘‘(bb) the progress expected from any sub- groups of students in meeting such goals; ‘‘(II) specific academic assessments or assess- ment items that States or local educational agen- cies use to meet the requirements of subsection (b)(2) or otherwise use to measure student aca- demic achievement or student growth under this part; ‘‘(III) indicators that States use within the State accountability system under this section, including any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part; ‘‘(IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part; ‘‘(V) the specific methodology used by States to meaningfully differentiate or identify schools under this part; ‘‘(VI) any specific school support and improve- ment strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part; ‘‘(VII) exit criteria established by States under subsection (d)(3)(A)(i); ‘‘(VIII) provided that the State meets the requirements in subsection (c)(3), a minimum

42 S. 1177—42 number of students established by a State under such subsection; ‘‘(IX) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; ‘‘(X) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or ‘‘(XI) the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the statewide accountability system under this section; or ‘‘(C) to issue new non-regulatory guidance that— ‘‘(i) in seeking to provide explanation of require- ments under this section for State or local educational agencies, either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or ‘‘(ii) purports to be legally binding; or ‘‘(D) to require data collection under this part beyond data derived from existing Federal, State, and local reporting requirements. ‘‘(2) D .—In carrying out this part, the Sec- EFINING TERMS retary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1). .—Nothing in this section shall be XISTING S TATE L AW ‘‘(f) E construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before the date of the enactment of the Every Student Succeeds Act. THER P LAN P .— ROVISIONS ‘‘(g) O ESCRIPTIONS .—Each State plan shall describe— ‘‘(1) D ‘‘(A) how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood education programs; ‘‘(B) how low-income and minority children enrolled in schools assisted under this part are not served at dis- proportionate rates by ineffective, out-of-field, or inexperi- enced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system); ‘‘(C) how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing— ‘‘(i) incidences of bullying and harassment;

43 S. 1177—43 ‘‘(ii) the overuse of discipline practices that remove students from the classroom; and ‘‘(iii) the use of aversive behavioral interventions that compromise student health and safety; ‘‘(D) how the State will support local educational agen- cies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agen- cies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out; ‘‘(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— ‘‘(i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current edu- cational setting and the proximity to the school in which the child is enrolled at the time of placement; ‘‘(ii) when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment; ‘‘(iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and ‘‘(iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Chil- dren and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(d)(3)); ‘‘(F) how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and ‘‘(G) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the chal- lenging State academic standards. ‘‘(2) A SSURANCES .—Each State plan shall contain assur- ances that— ‘‘(A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);

44 S. 1177—44 ‘‘(B) the State educational agency will notify local edu- cational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section; ‘‘(C) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; ‘‘(D) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)) if the Secretary pays the costs of admin- istering such assessments; ‘‘(E) the State educational agency will modify or elimi- nate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; ‘‘(F) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1116; ‘‘(G) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; ‘‘(H) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evi- dence-based strategies and programs to improve teaching, learning, and schools; ‘‘(I) the State educational agency has appropriate proce- dures and safeguards in place to ensure the validity of the assessment process; ‘‘(J) the State educational agency will ensure that all teachers and paraprofessionals working in a program sup- ported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; ‘‘(K) the State educational agency will coordinate activi- ties funded under this part with other Federal activities as appropriate; ‘‘(L) the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; ‘‘(M) the State has professional standards for para- professionals working in a program supported with funds under this part, including qualifications that were in place

45 S. 1177—45 on the day before the date of enactment of the Every Student Succeeds Act; and ‘‘(N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of sub- section (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which— ‘‘(i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and ‘‘(ii) shall be presented in a manner that— ‘‘(I) is first anonymized and does not reveal personally identifiable information about an indi- vidual student; ‘‘(II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and ‘‘(III) is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the ‘Family Educational Rights and Privacy Act of 1974’). ‘‘(3) R ULES OF CONSTRUCTION .—Nothing in paragraph (2)(N) shall be construed to— ‘‘(A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or ‘‘(B) require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N). ‘‘(4) T ECHNICAL ASSISTANCE .—Upon request by a State edu- cational agency, the Secretary shall provide technical assistance to such agency to— ‘‘(A) meet the requirements of paragraph (2)(N); or ‘‘(B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students. ‘‘(h) R .— EPORTS ‘‘(1) A NNUAL STATE REPORT CARD .— ‘‘(A) I N GENERAL .—A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph. ‘‘(B) I MPLEMENTATION .—The State report card required under this paragraph shall be—

46 S. 1177—46 ‘‘(i) concise; ‘‘(ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that par- ents can understand; and ‘‘(iii) widely accessible to the public, which shall include making available on a single webpage of the State educational agency’s website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5). ‘‘(C) M INIMUM REQUIREMENTS .—Each State report card required under this subsection shall include the following information: ‘‘(i) A clear and concise description of the State’s accountability system under subsection (c), including— ‘‘(I) the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability system; ‘‘(II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in sub- section (c)(2); ‘‘(III) the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State; ‘‘(IV) the State’s system for meaningfully dif- ferentiating all public schools in the State, including— ‘‘(aa) the specific weight of the indicators described in subsection (c)(4)(B) in such dif- ferentiation; ‘‘(bb) the methodology by which the State differentiates all such schools; ‘‘(cc) the methodology by which the State differentiates a school as consistently under- performing for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and ‘‘(dd) the methodology by which the State identifies a school for comprehensive support and improvement as required under sub- section (c)(4)(D)(i); ‘‘(V) the number and names of all public schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and ‘‘(VI) the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection.

47 S. 1177—47 ‘‘(ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under sub- section (b)(1). ‘‘(iii) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care— ‘‘(I) information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and sec- ondary schools that are not high schools, used by the State in the State accountability system; and ‘‘(II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates. ‘‘(iv) Information on the number and percentage of English learners achieving English language pro- ficiency. ‘‘(v) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other indicator or indicators of school quality or student suc- cess under subsection (c)(4)(B)(v) used by the State in the State accountability system. ‘‘(vi) Information on the progress of all students and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection. ‘‘(vii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed. ‘‘(viii) Information submitted by the State edu- cational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Edu- cation Organization Act (20 U.S.C. 3413(c)(1)), on— ‘‘(I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school- related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and

48 S. 1177—48 ‘‘(II) the number and percentage of students enrolled in— ‘‘(aa) preschool programs; and ‘‘(bb) accelerated coursework to earn post- secondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs. ‘‘(ix) The professional qualifications of teachers in the State, including information (that shall be pre- sented in the aggregate and disaggregated by high- poverty compared to low-poverty schools) on the number and percentage of— ‘‘(I) inexperienced teachers, principals, and other school leaders; ‘‘(II) teachers teaching with emergency or provisional credentials; and ‘‘(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed. ‘‘(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expendi- tures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year. ‘‘(xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under subsection (b)(2)(D), by grade and subject. ‘‘(xii) Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress car- ried out under section 303(b)(3) of the National Assess- ment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)), compared to the national average of such results. ‘‘(xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which stu- dents who graduate from the high school enroll, for the first academic year that begins after the students’ graduation— ‘‘(I) in programs of public postsecondary edu- cation in the State; and ‘‘(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsec- ondary education outside the State. ‘‘(xiv) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools, which may include the number and percentage of students attaining career

49 S. 1177—49 and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c)). .—Nothing in subpara- ULES OF CONSTRUCTION ‘‘(D) R graph (C)(viii) shall be construed as requiring— ‘‘(i) reporting of any data that are not collected in accordance with section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1); or ‘‘(ii) disaggregation of any data other than as required under subsection (b)(2)(B)(xi). NNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS .— ‘‘(2) A REPARATION AND DISSEMINATION ‘‘(A) P .—A local edu- cational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency. MPLEMENTATION .—Each local educational agency ‘‘(B) I report card shall be— ‘‘(i) concise; ‘‘(ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and ‘‘(iii) accessible to the public, which shall include— ‘‘(I) placing such report card on the website of the local educational agency; and ‘‘(II) in any case in which a local educational agency does not operate a website, providing the information to the public in another manner deter- mined by the local educational agency. ‘‘(C) M .—The State educational INIMUM REQUIREMENTS agency shall ensure that each local educational agency collects appropriate data and includes in the local edu- cational agency’s annual report the information described in paragraph (1)(C), disaggregated in the same manner as required under such paragraph, except for clause (xii) of such paragraph, as applied to the local educational agency and each school served by the local educational agency, including— ‘‘(i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; ‘‘(ii) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; and ‘‘(iii) any other information that the local edu- cational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency,

50 S. 1177—50 whether or not such information is included in the annual State report card. ‘‘(D) A DDITIONAL INFORMATION .—In the case of a local educational agency that issues a report card for all stu- dents, the local educational agency may include the information under this section as part of such report. REEXISTING REPORT CARDS .—A State educational ‘‘(3) P agency or local educational agency may use public report cards on the performance of students, schools, local educational agen- cies, or the State, that were in effect prior to the date of enactment of the Every Student Succeeds Act for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students. ‘‘(4) C .—Each State educational agency and OST REDUCTION local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. NNUAL STATE REPORT TO THE SECRETARY .—Each State ‘‘(5) A educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— ‘‘(A) information on the achievement of students on the academic assessments required by subsection (b)(2), including the disaggregated results for the subgroups of students as defined in subsection (c)(2); ‘‘(B) information on the acquisition of English pro- ficiency by English learners; ‘‘(C) the number and names of each public school in the State— ‘‘(i) identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and ‘‘(ii) implementing targeted support and improve- ment plans under subsection (d)(2); and ‘‘(D) information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers: ‘‘(i) Inexperienced teachers. ‘‘(ii) Teachers teaching with emergency or provi- sional credentials. ‘‘(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. ‘‘(6) R EPORT TO CONGRESS .—The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information col- lected under paragraph (5). Such report shall be submitted through electronic means only. ‘‘(i) P RIVACY .— ‘‘(1) I N GENERAL .—Information collected or disseminated under this section (including any information collected for or included in the reports described in subsection (h)) shall be collected and disseminated in a manner that protects the pri- vacy of individuals consistent with section 444 of the General

51 S. 1177—51 Education Provisions Act (20 U.S.C. 1232g, commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) and this Act. ‘‘(2) S UFFICIENCY .—The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information. ‘‘(3) D ISAGGREGATION .—Disaggregation under this section shall not be required if such disaggregation will reveal person- ally identifiable information about any student, teacher, prin- cipal, or other school leader, or will provide data that are insufficient to yield statistically reliable information. ‘‘(j) V OLUNTARY P ARTNERSHIPS .—A State retains the right to enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and assessments required under this section, except that the Secretary shall not attempt to influence, incentivize, or coerce State— ‘‘(1) adoption of the Common Core State Standards devel- oped under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or ‘‘(2) participation in such partnerships. ‘‘(k) S R ULE W ITH PECIAL ESPECT TO B UREAU -F UNDED R S CHOOLS .—In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education receiving funds under this part, the following shall apply until the requirements of section 8204(c) have been met: ‘‘(1) Each such school that is accredited by the State in which it is operating shall use the assessments and other academic indicators the State has developed and implemented to meet the requirements of this section, or such other appro- priate assessment and academic indicators as approved by the Secretary of the Interior. ‘‘(2) Each such school that is accredited by a regional accrediting organization (in consultation with and with the approval of the Secretary of the Interior, and consistent with assessments and academic indicators adopted by other schools in the same State or region) shall adopt an appropriate assess- ment and other academic indicators that meet the requirements of this section. ‘‘(3) Each such school that is accredited by a tribal accred- iting agency or tribal division of education shall use an assess- ment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section. ‘‘(l) C ONSTRUCTION .—Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.’’. SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS. Section 1112 (20 U.S.C. 6312) is amended to read as follows: ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. ‘‘(a) P LANS R EQUIRED .— ‘‘(1) S UBGRANTS .—A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—

52 S. 1177—52 ‘‘(A) is developed with timely and meaningful consulta- tion with teachers, principals, other school leaders, para- professionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administra- tors of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part; and ‘‘(B) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as appropriate. ONSOLIDATED APPLICATION .—The plan may be sub- ‘‘(2) C mitted as part of a consolidated application under section 8305. ‘‘(3) S .— TATE APPROVAL N GENERAL .—Each local educational agency plan ‘‘(A) I shall be filed according to a schedule established by the State educational agency. PPROVAL .—The State educational agency shall ‘‘(B) A approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— ‘‘(i) provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and ‘‘(ii) meets the requirements of this section. ‘‘(4) D URATION .—Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Student Succeeds Act and shall remain in effect for the duration of the agency’s participation under this part. EVIEW .—Each local educational agency shall periodi- ‘‘(5) R cally review and, as necessary, revise its plan. ‘‘(6) R ULE OF CONSTRUCTION .—Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section. ‘‘(b) P LAN P ROVISIONS .—To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe— ‘‘(1) how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by— ‘‘(A) developing and implementing a well-rounded pro- gram of instruction to meet the academic needs of all students; ‘‘(B) identifying students who may be at risk for aca- demic failure;

53 S. 1177—53 ‘‘(C) providing additional educational assistance to indi- vidual students the local educational agency or school deter- mines need help in meeting the challenging State academic standards; and ‘‘(D) identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning; ‘‘(2) how the local educational agency will identify and address, as required under State plans as described in section 1111(g)(1)(B), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers; ‘‘(3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 1111(d); ‘‘(4) the poverty criteria that will be used to select school attendance areas under section 1113; ‘‘(5) in general, the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delin- quent children, and for neglected and delinquent children in community day school programs; ‘‘(6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3)(A), to support the enrollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); ‘‘(7) the strategy the local educational agency will use to implement effective parent and family engagement under sec- tion 1116; ‘‘(8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local edu- cational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs; ‘‘(9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1115, will identify the eligible children most in need of services under this part; ‘‘(10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsec- ondary education including, if applicable— ‘‘(A) through coordination with institutions of higher education, employers, and other local partners; and ‘‘(B) through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills; ‘‘(11) how the local educational agency will support efforts to reduce the overuse of discipline practices that remove stu- dents from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated

54 S. 1177—54 by each of the subgroups of students, as defined in section 1111(c)(2); ‘‘(12) if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate— ‘‘(A) academic and career and technical education con- tent through coordinated instructional strategies, that may incorporate experiential learning opportunities and pro- mote skills attainment important to in-demand occupations or industries in the State; and ‘‘(B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and ‘‘(13) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appro- priate to provide, which may include how the local educational agency will— ‘‘(A) assist schools in identifying and serving gifted and talented students; and ‘‘(B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement. ‘‘(c) A SSURANCES .—Each local educational agency plan shall provide assurances that the local educational agency will— ‘‘(1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; ‘‘(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1117, and timely and meaningful consultation with private school officials regarding such services; ‘‘(3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)); ‘‘(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, Amer- ican Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; ‘‘(5) collaborate with the State or local child welfare agency to— ‘‘(A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and

55 S. 1177—55 ‘‘(B) by not later than 1 year after the date of enact- ment of the Every Student Succeeds Act, develop and imple- ment clear written procedures governing how transpor- tation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall— ‘‘(i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Secu- rity Act (42 U.S.C. 675(4)(A)); and ‘‘(ii) ensure that, if there are additional costs incurred in providing transportation to maintain chil- dren in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if— ‘‘(I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation; ‘‘(II) the local educational agency agrees to pay for the cost of such transportation; or ‘‘(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and ‘‘(6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and ‘‘(7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood edu- cation services to low-income children below the age of compul- sory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)). ‘‘(d) S PECIAL R .—For local educational agencies using funds ULE under this part for the purposes described in subsection (c)(7), the Secretary shall— ‘‘(1) consult with the Secretary of Health and Human Serv- ices and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and ‘‘(2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such subsection (c)(7) shall plan to comply with such sub- section (taking into consideration existing State and local laws, and local teacher contracts), including by pursuing the avail- ability of other Federal, State, and local funding sources to assist with such compliance. ‘‘(e) P ARENTS IGHT - TO - KNOW .— R ‘‘(1) I NFORMATION FOR PARENTS .— ‘‘(A) I N GENERAL .—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents

56 S. 1177—56 may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following: ‘‘(i) Whether the student’s teacher— ‘‘(I) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; ‘‘(II) is teaching under emergency or other provisional status through which State qualifica- tion or licensing criteria have been waived; and ‘‘(III) is teaching in the field of discipline of the certification of the teacher. ‘‘(ii) Whether the child is provided services by para- professionals and, if so, their qualifications. ‘‘(B) A DDITIONAL INFORMATION .—In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— ‘‘(i) information on the level of achievement and academic growth of the student, if applicable and avail- able, on each of the State academic assessments required under this part; and ‘‘(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. ‘‘(2) T ESTING TRANSPARENCY .— ‘‘(A) I N GENERAL .—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), informa- tion regarding any State or local educational agency policy regarding student participation in any assessments man- dated by section 1111(b)(2) and by the State or local edu- cational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable. ‘‘(B) A DDITIONAL INFORMATION .—Subject to subpara- graph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assess- ment required by the State to comply with section 1111, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including— ‘‘(i) the subject matter assessed;

57 S. 1177—57 ‘‘(ii) the purpose for which the assessment is designed and used; ‘‘(iii) the source of the requirement for the assess- ment; and ‘‘(iv) where such information is available— ‘‘(I) the amount of time students will spend taking the assessment, and the schedule for the assessment; and ‘‘(II) the time and format for disseminating results. ‘‘(C) L OCAL EDUCATIONAL AGENCY THAT DOES NOT .—In the case of a local educational OPERATE A WEBSITE agency that does not operate a website, such local edu- cational agency shall determine how to make the informa- tion described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents. ‘‘(3) L .— ANGUAGE INSTRUCTION OTICE .—Each local educational agency using ‘‘(A) N funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identi- fied for participation or participating in such a program, of— ‘‘(i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; ‘‘(ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; ‘‘(iii) the methods of instruction used in the pro- gram 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 con- tent, instructional goals, and the use of English and a native language in instruction; ‘‘(iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child; ‘‘(v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; ‘‘(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; ‘‘(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and

58 S. 1177—58 ‘‘(viii) information pertaining to parental rights that includes written guidance— ‘‘(I) detailing the right that parents have to have their child immediately removed from such program upon their request; ‘‘(II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruc- tion, if available; and ‘‘(III) assisting parents in selecting among var- ious programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. ‘‘(B) S PECIAL RULE APPLICABLE DURING THE SCHOOL YEAR .—For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). ‘‘(C) P ARENTAL PARTICIPATION .— N GENERAL ‘‘(i) I .—Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the par- ents can— ‘‘(I) be involved in the education of their chil- dren; and ‘‘(II) be active participants in assisting their children to— ‘‘(aa) attain English proficiency; ‘‘(bb) achieve at high levels within a well- rounded education; and ‘‘(cc) meet the challenging State academic standards expected of all students. ‘‘(ii) R .—Implementing an effec- EGULAR MEETINGS tive means of outreach to parents under clause (i) shall include holding, and sending notice of opportuni- ties for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or title III. ‘‘(D) B ASIS FOR ADMISSION OR EXCLUSION .—A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. ‘‘(4) N OTICE AND FORMAT .—The notice and information pro- vided to parents under this subsection shall be in an under- standable and uniform format and, to the extent practicable, provided in a language that the parents can understand.’’. SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS. Section 1113 (20 U.S.C. 6313) is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) R ANKING ORDER .—

59 S. 1177—59 ‘‘(A) R .—Except as provided in subparagraph ANKING (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— ‘‘(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and ‘‘(ii) serve such eligible school attendance areas in rank order. ‘‘(B) E XCEPTION .—A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency.’’; and (B) by striking paragraph (5) and inserting the fol- lowing: ‘‘(5) M .— EASURES ‘‘(A) I N GENERAL .—Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— ‘‘(i) to identify eligible school attendance areas; ‘‘(ii) to determine the ranking of each area; and ‘‘(iii) to determine allocations under subsection (c). ECONDARY SCHOOLS ‘‘(B) S .—For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— ‘‘(i) the measure described under subparagraph (A); or ‘‘(ii) subject to meeting the conditions of subpara- graph (C), an accurate estimate of the number of stu- dents in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subpara- graph (A) that feed into the secondary school to the number of students enrolled in such school. ‘‘(C) M EASURE OF POVERTY .—The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after— ‘‘(i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and ‘‘(ii) a majority of such schools have approved the use of such measure.’’;

60 S. 1177—60 (2) in subsection (b)(1)(D)(i), by striking ‘‘section 1120A(c)’’ and inserting ‘‘section 1118(c)’’; and (3) in subsection (c)— (A) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) R ESERVATION OF FUNDS .— ‘‘(A) I N GENERAL .—A local educational agency shall reserve such funds as are necessary under this part, deter- mined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve— ‘‘(i) homeless children and youths, including pro- viding educationally related support services to chil- dren in shelters and other locations where children may live; ‘‘(ii) children in local institutions for neglected chil- dren; and ‘‘(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. ‘‘(B) M .—The share of funds ETHOD OF DETERMINATION determined under subparagraph (A) shall be determined— ‘‘(i) based on the total allocation received by the local educational agency; and ‘‘(ii) prior to any allowable expenditures or trans- fers by the local educational agency. ‘‘(C) H OMELESS CHILDREN AND YOUTHS .—Funds reserved under subparagraph (A)(i) may be— ‘‘(i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433(b)(1)); and ‘‘(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— ‘‘(I) funding for the liaison designated pursu- ant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 11432(g)(1)(J)(ii)); and ‘‘(II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act (42 U.S.C. 11432(g)(1)(J)(iii)).’’; (B) in paragraph (4), by striking ‘‘school improvement, corrective action, and restructuring under section 1116(b)’’ and inserting ‘‘comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d)’’; and (C) by adding at the end the following: ‘‘(5) E ARLY CHILDHOOD EDUCATION .—A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.’’.

61 S. 1177—61 SEC. 1008. SCHOOLWIDE PROGRAMS. Section 1114 (20 U.S.C. 6314) is amended— (1) by striking subsection (a) and inserting the following: G ENERAL .— ‘‘(a) I N .— SE OF FUNDS FOR SCHOOLWIDE PROGRAMS ‘‘(1) U .—A local educational agency may LIGIBILITY ‘‘(A) E consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. ‘‘(B) E .—A school that serves an eligible XCEPTION school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. ‘‘(2) I .— DENTIFICATION OF STUDENTS NOT REQUIRED ‘‘(A) I N GENERAL .—No school participating in a schoolwide program shall be required to identify— ‘‘(i) particular children under this part as eligible to participate in a schoolwide program; or ‘‘(ii) individual services as supplementary. ‘‘(B) S .—In accordance with the UPPLEMENTAL FUNDS method of determination described in section 1118(b)(2), a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabil- ities and English learners. ‘‘(3) E FROM STATUTORY AND REGULATORY XEMPTION REQUIREMENTS .— ‘‘(A) E XEMPTION .—Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant pro- grams under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. ‘‘(B) R EQUIREMENTS .—A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, serv- ices to private school children, comparability of services,

62 S. 1177—62 maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1118(b)(2)), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. ‘‘(C) R .—A school that chooses to consolidate ECORDS and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.’’; (2) by striking subsection (b) and inserting the following: ‘‘(b) S P P LAN .—An eligible school operating CHOOLWIDE ROGRAM a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Every Student Succeeds Act) that— ‘‘(1) is developed during a 1-year period, unless— ‘‘(A) the local educational agency determines, in con- sultation with the school, that less time is needed to develop and implement the schoolwide program; or ‘‘(B) the school is operating a schoolwide program on the day before the date of the enactment of the Every Student Succeeds Act, in which case such school may con- tinue to operate such program, but shall develop amend- ments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; ‘‘(2) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, adminis- trators (including administrators of programs described in other parts of this title), the local educational agency, to the extent feasible, tribes and tribal organizations present in the commu- nity, and, if appropriate, specialized instructional support per- sonnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school; ‘‘(3) remains in effect for the duration of the school’s partici- pation under this part, except that the plan and its implementa- tion shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards; ‘‘(4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and ‘‘(5) if appropriate and applicable, is developed in coordina- tion and integration with other Federal, State, and local serv- ices, resources, and programs, such as programs supported

63 S. 1177—63 under this Act, violence prevention programs, nutrition pro- grams, housing programs, Head Start programs, adult edu- cation programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); ‘‘(6) is based on a comprehensive needs assessment of the entire school that takes into account information on the aca- demic achievement of children in relation to the challenging State academic standards, particularly the needs of those chil- dren who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and ‘‘(7) includes a description of— ‘‘(A) the strategies that the school will be implementing to address school needs, including a description of how such strategies will— ‘‘(i) provide opportunities for all children, including each of the subgroups of students (as defined in section 1111(c)(2)) to meet the challenging State academic standards; ‘‘(ii) use methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and ‘‘(iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include— ‘‘(I) counseling, school-based mental health programs, specialized instructional support serv- ices, mentoring services, and other strategies to improve students’ skills outside the academic sub- ject areas; ‘‘(II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students’ access to coursework to earn post- secondary credit while still in high school (such as Advanced Placement, International Bacca- laureate, dual or concurrent enrollment, or early college high schools); ‘‘(III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ‘‘(IV) professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high- need subjects; and

64 S. 1177—64 ‘‘(V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and ‘‘(B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program.’’; (3) by striking subsection (c) and inserting the following: ‘‘(c) P RESCHOOL P ROGRAMS .—A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for children who are under 6 years of age. ‘‘(d) D ELIVERY OF S ERVICES .—The services of a schoolwide pro- gram under this section may be delivered by nonprofit or for- profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement. ‘‘(e) U F D UAL OR C ONCURRENT E NROLLMENT SE OF UNDS FOR ROGRAMS .— P ‘‘(1) I N GENERAL .—A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment pro- grams that address the needs of low-achieving secondary school students and those at risk of not meeting the challenging State academic standards. ‘‘(2) F .—A secondary school using funds LEXIBILITY OF FUNDS received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of— ‘‘(A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education, where appropriate, for the purpose of integrating rigorous academics in such program; ‘‘(B) tuition and fees, books, required instructional materials for such program, and innovative delivery methods; and ‘‘(C) transportation to and from such program. ‘‘(3) R ULE OF CONSTRUCTION .—Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law.’’. SEC. 1009. TARGETED ASSISTANCE SCHOOLS. Section 1115 (20 U.S.C. 6315) is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) I N G ENERAL .—In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, have not received a waiver under section 1114(a)(1)(B) to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for pro- grams that provide services to eligible children under subsection (c) identified as having the greatest need for special assistance.’’; (2) by redesignating subsections (b) and (c) as subsections (c) and (b), respectively, and moving those redesignated sub- sections so as to appear in alphabetical order;

65 S. 1177—65 (3) by striking subsection (b), as redesignated by paragraph (2), and inserting the following: .—To assist tar- SSISTANCE S CHOOL P ROGRAM A ‘‘(b) T ARGETED geted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section shall— ‘‘(1) determine which students will be served; ‘‘(2) serve participating students identified as eligible chil- dren under subsection (c), including by— ‘‘(A) using resources under this part to help eligible children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education; ‘‘(B) using methods and instructional strategies to strengthen the academic program of the school through activities, which may include— ‘‘(i) expanded learning time, before- and after- school programs, and summer programs and opportuni- ties; and ‘‘(ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening serv- ices, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ‘‘(C) coordinating with and supporting the regular edu- cation program, which may include services to assist pre- school children in the transition from early childhood edu- cation programs such as Head Start, the literacy program under subpart 2 of part B of title II, or State-run preschool programs to elementary school programs; ‘‘(D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with eligible children in programs under this section or in the regular education program; ‘‘(E) implementing strategies to increase the involve- ment of parents of eligible children in accordance with section 1116; and ‘‘(F) if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing pro- grams, Head Start programs, adult education programs, career and technical education programs, and comprehen- sive support and improvement activities or targeted support and improvement activities under section 1111(d); and ‘‘(G) provide to the local educational agency assurances that the school will— ‘‘(i) help provide an accelerated, high-quality cur- riculum; ‘‘(ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and

66 S. 1177—66 ‘‘(iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance pro- gram under this section, if necessary, to provide addi- tional assistance to enable such children to meet the challenging State academic standards.’’; (4) in subsection (c), as redesignated by paragraph (2)— (A) in paragraph (1)(B)— (i) by striking ‘‘the State’s challenging student aca- demic achievement standards’’ and inserting ‘‘the chal- lenging State academic standards’’; and (ii) by striking ‘‘such criteria as teacher judgment, interviews with parents, and developmentally appro- priate measures’’ and inserting ‘‘criteria, including objective criteria, established by the local educational agency and supplemented by the school’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; (ii) in subparagraph (B)— HEAD (I) by striking the heading and inserting ‘‘ START AND PRESCHOOL CHILDREN ’’; and (II) by striking ‘‘Head Start, Even Start, or Early Reading First program,’’ and inserting ‘‘Head Start program, the literacy program under subpart 2 of part B of title II,’’; and (iii) in subparagraph (C), by striking the heading MIGRANT CHILDREN ’’; and inserting ‘‘ (5) in subsection (e)— (A) in paragraph (2)(B)— (i) by striking ‘‘and’’ at the end of clause (ii); (ii) by redesignating clause (iii) as clause (v); and (iii) by inserting after clause (ii) the following new clauses: ‘‘(iii) family support and engagement services; ‘‘(iv) integrated student supports; and’’; and (iv) in clause (v), as redesignated by clause (iii), by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support’’; and (B) by striking paragraph (3); and (6) by adding at the end the following: SE OF F UNDS FOR D C ONCURRENT E NROLLMENT UAL OR ‘‘(f) U P ROGRAMS .—A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services described under section 1114(e) to eligible children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance. ROHIBITION .—Nothing in this section shall be construed ‘‘(g) P to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 1114(b), or a program described in subsection (b), for review or approval by the Secretary. ‘‘(h) D ELIVERY OF S ERVICES .—The services of a targeted assist- ance program under this section may be delivered by nonprofit

67 S. 1177—67 or for-profit external providers with expertise in using evidence- based or other effective strategies to improve student achievement.’’. SEC. 1010. PARENT AND FAMILY ENGAGEMENT. Section 1116, as redesignated by section 1000(2), is amended— - (1) in the section heading, by striking ‘‘ PARENTAL INVOLVE PARENT AND FAMILY ENGAGEMENT ’’; MENT ’’ and inserting ‘‘ (2) in subsection (a)— (A) in paragraph (1)— (i) by inserting ‘‘conducts outreach to all parents and family members and’’ after ‘‘only if such agency’’; and (ii) by inserting ‘‘and family members’’ after ‘‘and procedures for the involvement of parents’’; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting ‘‘and family members’’ after ‘‘, and distribute to, parents’’; (II) by striking ‘‘written parent involvement policy’’ and inserting ‘‘written parent and family engagement policy’’; and (III) by striking ‘‘expectations for parent involvement’’ and inserting ‘‘expectations and objectives for meaningful parent and family involvement’’; and (ii) by striking subparagraphs (A) through (F) and inserting the following: ‘‘(A) involve parents and family members in jointly developing the local educational agency plan under section 1112, and the development of support and improvement plans under paragraphs (1) and (2) of section 1111(d). ‘‘(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with exper- tise in effectively engaging parents and family members in education; ‘‘(C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs; ‘‘(D) conduct, with the meaningful involvement of par- ents and family members, an annual evaluation of the content and effectiveness of the parent and family engage- ment policy in improving the academic quality of all schools served under this part, including identifying— ‘‘(i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvan- taged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background);

68 S. 1177—68 ‘‘(ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and ‘‘(iii) strategies to support successful school and family interactions; ‘‘(E) use the findings of such evaluation in subpara- graph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and ‘‘(F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately rep- resent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.’’; and (C) in paragraph (3)— (i) by striking subparagraph (A) and inserting the following: ‘‘(A) I N GENERAL .—Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.’’; ARENTAL (ii) in subparagraph (B), by striking ‘‘(B) P .—Parents of children’’ and inserting ‘‘(B) P INPUT ARENT .—Parents and family mem- AND FAMILY MEMBER INPUT bers of children’’; (iii) in subparagraph (C)— (I) by striking ‘‘95 percent’’ and inserting ‘‘90 percent’’; and (II) by inserting ‘‘, with priority given to high- need schools’’ after ‘‘schools served under this part’’; and (iv) by adding at the end the following: ‘‘(D) U SE OF FUNDS .—Funds reserved under subpara- graph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following: ‘‘(i) Supporting schools and nonprofit organizations in providing professional development for local edu- cational agency and school personnel regarding parent and family engagement strategies, which may be pro- vided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and par- ents and family members.

69 S. 1177—69 ‘‘(ii) Supporting programs that reach parents and family members at home, in the community, and at school. ‘‘(iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family mem- bers. ‘‘(iv) Collaborating, or providing subgrants to schools to enable such schools to collaborate, with community-based or other organizations or employers with a record of success in improving and increasing parent and family engagement. ‘‘(v) Engaging in any other activities and strategies that the local educational agency determines are appro- priate and consistent with such agency’s parent and family engagement policy.’’; (3) in subsection (b)— (A) in the subsection heading, by striking ‘‘P ARENTAL NVOLVEMENT OLICY ’’ and inserting ‘‘P ARENT AND F I P AMILY E NGAGEMENT P OLICY ’’; (B) in paragraph (1)— (i) by inserting ‘‘and family members’’ after ‘‘dis- tribute to, parents’’; and (ii) by striking ‘‘written parental involvement policy’’ and inserting ‘‘written parent and family engagement policy’’; (C) in paragraph (2)— (i) by striking ‘‘parental involvement policy’’ and inserting ‘‘parent and family engagement policy’’; and (ii) by inserting ‘‘and family members’’ after ‘‘that applies to all parents’’; and (D) in paragraph (3)— (i) by striking ‘‘parental involvement policy’’ and inserting ‘‘parent and family engagement policy’’; and (ii) by inserting ‘‘and family members in all schools served by the local educational agency’’ after ‘‘policy that applies to all parents’’; (4) in subsection (c)— (A) in paragraph (3)— (i) by striking ‘‘parental involvement policy’’ and inserting ‘‘parent and family engagement policy’’; and (ii) by striking ‘‘1114(b)(2)’’ and inserting ‘‘1114(b)’’; (B) in paragraph (4)(B), by striking ‘‘the proficiency levels students are expected to meet’’ and inserting ‘‘the achievement levels of the challenging State academic stand- ards’’; and (C) in paragraph (5), by striking ‘‘1114(b)(2)’’ and inserting ‘‘1114(b)’’; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking ‘‘parental involvement policy’’ and inserting ‘‘parent and family engagement policy’’; (B) in paragraph (1)— (i) by striking ‘‘the State’s student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; and

70 S. 1177—70 (ii) by striking ‘‘, such as monitoring attendance, homework completion, and television watching’’; and (C) in paragraph (2)— (i) in subparagraph (B), by striking ‘‘and’’ after the semicolon; (ii) in subparagraph (C), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(D) ensuring regular two-way, meaningful communica- tion between family members and school staff, and, to the extent practicable, in a language that family members can understand.’’; (6) in subsection (e)— (A) in paragraph (1), by striking ‘‘the State’s academic content standards and State student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; (B) in paragraph (2), by striking ‘‘technology’’ and inserting ‘‘technology (including education about the harms of copyright piracy)’’; (C) in paragraph (3), by striking ‘‘pupil services per- sonnel, principals’’ and inserting ‘‘specialized instructional support personnel, principals, and other school leaders’’; and (D) in paragraph (4), by striking ‘‘Head Start, Reading First, Early Reading First, Even Start, the Home Instruc- tion Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other pro- grams,’’ and inserting ‘‘other Federal, State, and local pro- grams, including public preschool programs,’’; (7) by striking subsection (f) and inserting the following: ‘‘(f) A CCESSIBILITY .—In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and par- ents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand.’’; (8) by striking subsection (g) and inserting the following: ‘‘(g) F AMILY E NGAGEMENT IN E DUCATION P ROGRAMS .—In a State operating a program under part E of title IV, each local educational agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program.’’; and (9) in subsection (h), by striking ‘‘parental involvement policies’’ and inserting ‘‘parent and family engagement policies’’. SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. Section 1117, as redesignated by section 1000(3), is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the fol- lowing:

71 S. 1177—71 ‘‘(1) I .—To the extent consistent with the number N GENERAL of eligible children identified under section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall— ‘‘(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other bene- fits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational serv- ices and equipment) that address their needs; and ‘‘(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116.’’; (B) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) E QUITY .— N GENERAL .—Educational services and other ‘‘(A) I benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner. MBUDSMAN .—To help ensure such equity for such ‘‘(B) O private school children, teachers, and other educational personnel, the State educational agency involved shall des- ignate an ombudsman to monitor and enforce the require- ments of this part.’’; (C) by striking paragraph (4) and inserting the fol- lowing: XPENDITURES .— ‘‘(4) E ETERMINATION .— ‘‘(A) D ‘‘(i) I .—Expenditures for educational N GENERAL services and other benefits to eligible private school children shall be equal to the proportion of funds allo- cated to participating school attendance areas based on the number of children from low-income families who attend private schools. ‘‘(ii) P ROPORTIONAL SHARE .—The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expendi- tures or transfers by the local educational agency. BLIGATION OF FUNDS .—Funds allocated to a local ‘‘(B) O educational agency for educational services and other bene- fits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency. ‘‘(C) N OTICE OF ALLOCATION .—Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the

72 S. 1177—72 allocation of funds for educational services and other bene- fits under this part that the local educational agencies have determined are available for eligible private school children. .—The local educational ‘‘(D) T ERM OF DETERMINATION agency may determine the equitable share under subpara- graph (A) each year or every 2 years.’’; and (D) in paragraph (5), by striking ‘‘agency’’ and inserting ‘‘agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved,’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking ‘‘part,’’ and inserting ‘‘part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation’’; (ii) in subparagraph (E)— (I) by striking ‘‘and’’ before ‘‘the proportion of funds’’; (II) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(4)(A)’’ ; and (III) by inserting ‘‘, and how that proportion of funds is determined’’ after ‘‘such services’’; (iii) in subparagraph (G), by striking ‘‘and’’ after the semicolon; (iv) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: ‘‘(I) whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor; ‘‘(J) whether to provide equitable services to eligible private school children— ‘‘(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend pri- vate schools; or ‘‘(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools; ‘‘(K) when, including the approximate time of day, serv- ices will be provided; and ‘‘(L) whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 8501(b)(1)to pro- vide services to eligible private school children participating in programs.’’; (B) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;

73 S. 1177—73 (C) by inserting after paragraph (1) the following: ISAGREEMENT .—If a local educational agency dis- ‘‘(2) D agrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees.’’; (D) in paragraph (5) (as redesignated by subparagraph (B))— (i) by inserting ‘‘meaningful’’ before ‘‘consultation’’ in the first sentence; (ii) by inserting ‘‘The written affirmation shall pro- vide the option for private school officials to indicate such officials’ belief that timely and meaningful con- sultation has not occurred or that the program design is not equitable with respect to eligible private school children.’’ after ‘‘occurred.’’; and (iii) by striking ‘‘has taken place’’ and inserting ‘‘has, or attempts at such consultation have, taken place’’; and (E) in paragraph (6) (as redesignated by subparagraph (B))— (i) in subparagraph (A)— (I) by striking ‘‘right to complain to’’ and inserting ‘‘right to file a complaint with’’; (II) by inserting ‘‘asserting’’ after ‘‘State edu- cational agency’’; (III) by striking ‘‘or’’ before ‘‘did not give due consideration’’; and (IV) by inserting ‘‘, or did not make a decision that treats the private school students equitably as required by this section’’ before the period at the end; (ii) in subparagraph (B), by striking ‘‘to complain,’’ and inserting ‘‘to file a complaint,’’; and (iii) by adding at the end the following: ‘‘(C) S TATE EDUCATIONAL AGENCIES .—A State edu- cational agency shall provide services under this section directly or through contracts with public or private agen- cies, organizations, or institutions, if the appropriate pri- vate school officials have— ‘‘(i) requested that the State educational agency provide such services directly; and ‘‘(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.’’; (3) in subsection (c)(2), by striking ‘‘section 9505’’ and inserting ‘‘section 8503’’; and (4) in subsection (e)(2), by striking ‘‘sections 9503 and 9504’’ and inserting ‘‘sections 8503 and 8504’’. SEC. 1012. SUPPLEMENT, NOT SUPPLANT. Section 1118, as redesignated by section 1000(4), is amended— (1) in subsection (a), by striking ‘‘section 9521’’ and inserting ‘‘section 8521’’; and (2) by striking subsection (b) and inserting the following:

74 S. 1177—74 ‘‘(b) F F UNDS T O S UPPLEMENT , N OT S UPPLANT , N ON - EDERAL EDERAL UNDS .— F F ‘‘(1) I .—A State educational agency or local edu- N GENERAL cational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds. OMPLIANCE .—To demonstrate compliance with para- ‘‘(2) C graph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would other- wise receive if it were not receiving assistance under this part. PECIAL RULE .—No local educational agency shall be ‘‘(3) S required to— ‘‘(A) identify that an individual cost or service sup- ported under this part is supplemental; or ‘‘(B) provide services under this part through a par- ticular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1). ‘‘(4) P ROHIBITION .—Nothing in this section shall be con- strued to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part. IMELINE .—A local educational agency— ‘‘(5) T ‘‘(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Student Succeeds Act; and ‘‘(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Student Succeeds Act.’’. SEC. 1013. COORDINATION REQUIREMENTS. Section 1119, as redesignated by section 1000(5), is amended— (1) in subsection (a)— (A) by striking ‘‘such as the Early Reading First pro- gram’’; and (B) by adding at the end the following new sentence: ‘‘Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities.’’; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘early childhood development programs, such as the Early Reading First program,’’ and inserting ‘‘early childhood education programs’’; (B) in paragraph (1), by striking ‘‘early childhood development program such as the Early Reading First pro- gram’’ and inserting ‘‘early childhood education program’’; (C) in paragraph (2), by striking ‘‘early childhood development programs such as the Early Reading First

75 S. 1177—75 program’’ and inserting ‘‘early childhood education pro- grams’’; (D) in paragraph (3), by striking ‘‘early childhood development programs such as the Early Reading First program’’ and inserting ‘‘early childhood education pro- grams’’; (E) in paragraph (4)— (i) by striking ‘‘Early Reading First program staff,’’; and (ii) by striking ‘‘early childhood development pro- gram’’ and inserting ‘‘early childhood education pro- gram’’; and (F) in paragraph (5), by striking ‘‘and entities carrying out Early Reading First programs’’. SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR. Section 1121 (20 U.S.C. 6331) is amended to read as follows: ‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR. ‘‘(a) R F UNDS .—Subject to subsection (e), from ESERVATION OF the amount appropriated for payments to States for any fiscal year under section 1002(a), the Secretary shall— ‘‘(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and ‘‘(2) reserve 0.7 percent to provide assistance to the Sec- retary of the Interior in accordance with subsection (d). ‘‘(b) A SSISTANCE TO O UTLYING A REAS .— ‘‘(1) F UNDS RESERVED .—From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall— ‘‘(A) first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and condi- tions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and ‘‘(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5). ‘‘(2) A MOUNT OF GRANTS .—The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce. ‘‘(3) H OLD - HARMLESS AMOUNTS .—For each fiscal year, the amount made available to each outlying area under this sub- section shall be— ‘‘(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area; ‘‘(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage

76 S. 1177—76 described in subparagraph (A) is between 15 percent and 30 percent; and ‘‘(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. ‘‘(4) R ATABLE REDUCTIONS .—If the amount made available under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts. .—Grant funds awarded under paragraph (1)(A) SES ‘‘(5) U may be used only— ‘‘(A) for programs described in this Act, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and ‘‘(B) to provide direct educational services that assist all students with meeting the challenging State academic standards. ‘‘(c) D .—For the purpose of this section, the term EFINITIONS ‘outlying area’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ‘‘(d) A S ECRETARY OF THE I NTERIOR .— LLOTMENT TO THE ‘‘(1) I N GENERAL .—The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of— ‘‘(A) Indian children on reservations served by elementary schools and secondary schools for Indian chil- dren operated or supported by the Department of the Interior; and ‘‘(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior. ‘‘(2) P AYMENTS .—From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local edu- cational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of— ‘‘(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or ‘‘(B) 48 percent of such expenditure in the United States. ‘‘(e) L IMITATION ON A PPLICABILITY .—If, by reason of the applica- tion of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in effect on the day before the date of enactment of the Every Student Succeeds Act.’’.

77 S. 1177—77 SEC. 1015. ALLOCATIONS TO STATES. Section 1122(a) (20 U.S.C. 6332(a)) is amended— (1) in the matter preceding paragraph (1), by striking ‘‘2002–2007’’ and inserting ‘‘2017–2020’’; and (2) by striking paragraph (3) and inserting the following: ‘‘(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determina- tion is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A.’’. SEC. 1016. ADEQUACY OF FUNDING RULE. Section 1125AA (20 U.S.C. 6336) is amended by striking the section heading and all that follows through ‘‘Pursuant’’ and DEQUACY OF F UNDING TO L OCAL E inserting the following: ‘‘A - DU CATIONAL GENCIES IN F ISCAL Y EARS A FTER A ISCAL Y EAR 2001.— F Pursuant’’. SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. Section 1125A (20 U.S.C. 6337) is amended— (1) in subsection (a), by striking ‘‘funds appropriated under subsection (f)’’ and inserting ‘‘funds made available under sec- tion 1122(a)’’; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking ‘‘appropriated pursuant to subsection (f)’’ and inserting ‘‘made available for any fiscal year to carry out this section’’; and (B) in subparagraph (B)(i), by striking ‘‘total appropria- tions’’ and inserting ‘‘the total amount reserved under sec- tion 1122(a) to carry out this section’’; (3) in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in subsection (d)(1)(A)(ii), by striking ‘‘clause ‘‘(i)’’ and inserting ‘‘clause (i)’’; (5) by striking subsection (e) and inserting the following: AINTENANCE OF E FFORT .— ‘‘(e) M ‘‘(1) I N GENERAL .—A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). ‘‘(2) R EDUCTION IN CASE OF FAILURE TO MEET .— ‘‘(A) I N GENERAL .—The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favor- able to the State) for 1 or more of the 5 immediately preceding fiscal years.

78 S. 1177—78 ‘‘(B) S .—No such lesser amount shall be PECIAL RULE used for computing the effort required under paragraph (1) for subsequent years. ‘‘(3) W AIVER .—The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— ‘‘(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or ‘‘(B) a precipitous decline in the financial resources of the State.’’; (6) by striking subsection (f); (7) by redesignating subsection (g) as subsection (f); and (8) in subsection (f), as redesignated by paragraph (7)— (A) in paragraph (1), by striking ‘‘under this section’’ and inserting ‘‘to carry out this section’’; and (B) in paragraph (3), in the matter preceding subpara- graph (A), by striking ‘‘shall be’’ and inserting ‘‘shall be— ’’. PART B—STATE ASSESSMENT GRANTS SEC. 1201. STATE ASSESSMENT GRANTS. Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows: ‘‘PART B—STATE ASSESSMENT GRANTS ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVI- TIES. ‘‘(a) G A UTHORIZED .—From amounts made available in RANTS accordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following: ‘‘(1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partner- ships with other States, at the sole discretion of each such State. ‘‘(2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following: ‘‘(A) Ensuring the provision of appropriate accommoda- tions available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice. ‘‘(B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).

79 S. 1177—79 ‘‘(C) Developing or improving assessments for English learners, including assessments of English language pro- ficiency as required under section 1111(b)(2)(G) and aca- demic assessments in languages other than English to meet the State’s obligations under section 1111(b)(2)(F). ‘‘(D) Ensuring the continued validity and reliability of State assessments. ‘‘(E) Refining State assessments to ensure their contin- ued alignment with the challenging State academic stand- ards and to improve the alignment of curricula and instruc- tional materials. ‘‘(F) Developing or improving balanced assessment sys- tems that include summative, interim, and formative assessments, including supporting local educational agen- cies in developing or improving such assessments. ‘‘(G) At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments. ‘‘(H) Developing or improving models to measure and assess student progress or student growth on State assess- ments under section 1111(b)(2) and other assessments not required under section 1111(b)(2). ‘‘(I) Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of uni- versal design for learning. ‘‘(J) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reli- ability of State academic assessments beyond the require- ments for such assessments described in section 1111(b)(2). ‘‘(K) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources. ‘‘(L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned com- petencies in a competency-based education model. ‘‘(M) Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly- manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation— ‘‘(i) does not reveal personally identifiable informa- tion about an individual student; and ‘‘(ii) is derived from existing State and local reporting requirements. ‘‘(b) R ULE OF C ONSTRUCTION .—Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any addi- tional reporting requirements, data elements, or information to

80 S. 1177—80 be reported to the Secretary unless such reporting, data, or informa- tion is explicitly authorized under this Act. ‘‘(c) A EPORT .—Each State educational agency receiving NNUAL R a grant under this section shall submit an annual report to the Secretary describing the State’s activities under the grant and the result of such activities. ‘‘SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT. G ENERAL .—From the amount reserved under section ‘‘(a) I N 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to— ‘‘(1) in the case of a grant awarded under this section to a State for the first time— ‘‘(A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1); ‘‘(B) execute the State plan under subsection (e)(3)(D); and ‘‘(C) award subgrants under subsection (f); and ‘‘(2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— ‘‘(A) execute the State plan under subsection (e)(3)(D); and ‘‘(B) award subgrants under subsection (f). INIMUM .—Each State that receives a grant under MOUNT A ‘‘(b) M this section shall receive an annual grant amount of not less than $1,500,000. EALLOCATION .—If a State chooses not to apply for a grant ‘‘(c) R under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 1203(a)(4)(B). PPLICATION .—A State desiring to receive a grant under ‘‘(d) A this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of— ‘‘(1) in the case of a State that is receiving a grant under this section for the first time— ‘‘(A) the audit the State will carry out under subsection (e)(1); and ‘‘(B) the stakeholder feedback the State will seek in designing such audit; ‘‘(2) in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and ‘‘(3) how the State will award subgrants to local educational agencies under subsection (f). ‘‘(e) A UDITS OF S TATE A SSESSMENT S YSTEMS AND L OCAL A SSESS - MENTS .— UDIT REQUIREMENTS .—Not later than 1 year after ‘‘(1) A the date a State receives an initial grant under this section, the State shall— ‘‘(A) conduct a State assessment system audit as described in paragraph (3); ‘‘(B) ensure that each local educational agency receiving funds under this section—

81 S. 1177—81 ‘‘(i) conducts an audit of local assessments adminis- tered by the local educational agency as described in paragraph (4); and ‘‘(ii) submits the results of such audit to the State; and ‘‘(C) report the results of each State and local edu- cational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available. ‘‘(2) R ESOURCES FOR LOCAL EDUCATIONAL AGENCIES .—In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results. ‘‘(3) S .—Each State TATE ASSESSMENT SYSTEM DESCRIPTION assessment system audit conducted under paragraph (1)(A) shall include— ‘‘(A) the schedule for the administration of all State assessments; ‘‘(B) for each State assessment— ‘‘(i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and ‘‘(ii) the legal authority for the administration of the assessment; ‘‘(C) feedback on such system from stakeholders, which shall include information such as— ‘‘(i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction; ‘‘(ii) the timing of release of assessment data; ‘‘(iii) the extent to which assessment data is pre- sented in an accessible and understandable format for all stakeholders; ‘‘(iv) the opportunities, resources, and training teachers, principals, other school leaders, and adminis- trators are given to review assessment results and make effective use of assessment data; ‘‘(v) the distribution of technological resources and personnel necessary to administer assessments; ‘‘(vi) the amount of time teachers spend on assess- ment preparation and administration; ‘‘(vii) the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and ‘‘(viii) other information as appropriate; and ‘‘(D) a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assess- ment system, including activities such as— ‘‘(i) eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts; ‘‘(ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and

82 S. 1177—82 ‘‘(iii) supporting local educational agencies or con- sortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assess- ment use in local educational agencies. OCAL ASSESSMENT DESCRIPTION .—An audit of local ‘‘(4) L assessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments. UBGRANTS TO L OCAL E DUCATIONAL A ‘‘(f) S .— GENCIES ‘‘(1) I .—Each State shall reserve not less than N GENERAL 20 percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic stand- ards. ‘‘(2) L OCAL EDUCATIONAL AGENCY APPLICATION .—Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the State. The application shall include a description of the agency’s or consortium’s needs relating to the improvement of assessment quality, use, and alignment. SE OF FUNDS .—A subgrant awarded under this sub- ‘‘(3) U section to a local educational agency or consortium of such agencies may be used to— ‘‘(A) conduct an audit of local assessments under sub- section (e)(1)(B)(i); ‘‘(B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium; ‘‘(C) improve assessment delivery systems and sched- ules, including by increasing access to technology and assessment proctors, where appropriate; ‘‘(D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the develop- ment of classroom-based assessments, interpreting assess- ment data, and designing instruction; ‘‘(E) provide for appropriate accommodations to maxi- mize inclusion of children with disabilities and English learners participating in assessments; and ‘‘(F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners. ‘‘(g) D EFINITIONS .—In this section: ‘‘(1) L OCAL ASSESSMENT .—The term ‘local assessment’ means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 1111(b)(2).

83 S. 1177—83 ‘‘(2) S .—The term ‘State’ means each of the 50 States, TATE the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS. RIGGER E L ESS T HAN ‘‘(a) A QUAL TO OR A MOUNT .— MOUNTS T From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(I), the Secretary shall— ‘‘(1) reserve one-half of 1 percent for the Bureau of Indian Education; ‘‘(2) reserve one-half of 1 percent for the outlying areas; ‘‘(3) reserve not more than 20 percent to carry out section 1202; and ‘‘(4) from the remainder, carry out section 1201 by allo- cating to each State an amount equal to— ‘‘(A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and ‘‘(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. ‘‘(b) A MOUNTS A BOVE T RIGGER A MOUNT .—For any fiscal year for which the amount made available for a fiscal year under sub- section 1002(b) exceeds the amount described in section 1111(b)(2)(I), the Secretary shall make such excess amount available as follows: OMPETITIVE GRANTS .— ‘‘(1) C N GENERAL .—The Secretary shall first use such ‘‘(A) I funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agen- cies that have submitted applications described in subpara- graph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2). ‘‘(B) A PPLICATIONS .—A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the require- ments of this section will be met for the uses of funds described under subparagraph (A). ‘‘(C) A MOUNT OF COMPETITIVE GRANTS .—In determining the amount of a grant under subparagraph (A), the Sec- retary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consor- tium, (as determined by the Secretary on the basis of

84 S. 1177—84 the most recent satisfactory data) bears to the total number of such students in all States. ‘‘(2) A LLOTMENTS .—Any amounts remaining after the Sec- retary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (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. D EFINED .—In this part, the term ‘State’ means each ‘‘(c) S TATE of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘(d) P .—In making funds available to States under ROHIBITION this part, the Secretary shall comply with the prohibitions described in section 8529. ‘‘SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEM- ONSTRATION AUTHORITY. NNOVATIVE A SSESSMENT S ‘‘(a) I D EFINED .—The term YSTEM ‘innovative assessment system’ means a system of assessments that may include— ‘‘(1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year- end assessments, or performance-based assessments that com- bine into an annual summative determination for a student, which may be administered through computer adaptive assess- ments; and ‘‘(2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differen- tiated student support based on individual learning needs. EMONSTRATION A UTHORITY .— ‘‘(b) D N GENERAL .—The Secretary may provide a State edu- ‘‘(1) I cational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to estab- lish an innovative assessment system (referred to in this section as ‘demonstration authority’). ‘‘(2) D EMONSTRATION PERIOD .—In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that sub- mits an application under this section shall propose in its application the period of time over which the State educational agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years. ‘‘(3) I NITIAL DEMONSTRATION AUTHORITY AND EXPANSION .— During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority (referred to in this section as the ‘initial demonstra- tion period’) the Secretary shall provide such demonstration authority to— ‘‘(A) a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under sub- section (e); and ‘‘(B) consortia that include not more than 4 State edu- cational agencies.

85 S. 1177—85 ‘‘(c) P R EPORT .— ROGRESS N GENERAL .—Not later than 180 days after the end ‘‘(1) I of the initial demonstration period, and prior to providing addi- tional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consulta- tion with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section. ‘‘(2) C RITERIA .—The progress report under paragraph (1) shall be based on the annual information submitted by partici- pating States described in subsection (e)(2)(B)(ix) and examine the extent to which— ‘‘(A) with respect to each innovative assessment system— ‘‘(i) the State educational agency has solicited feed- back from teachers, principals, other school leaders, and parents about their satisfaction with the innova- tive assessment system; ‘‘(ii) teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and ‘‘(iii) substantial evidence exists demonstrating that the innovative assessment system has been devel- oped in accordance with the requirements of subsection (e); and ‘‘(B) each State with demonstration authority has dem- onstrated that— ‘‘(i) the same innovative assessment system was used to measure the achievement of all students that participated in the innovative assessment system; and ‘‘(ii) of the total number of all students, and the total number of each of the subgroups of students defined in section 1111(c)(2), eligible to participate in the innovative assessment system in a given year, the State assessed in that year an equal or greater percentage of such eligible students, as measured under section 1111(c)(4)(E), as were assessed in the State in such year using the assessment system under section 1111(b)(2). ‘‘(3) U SE OF REPORT .—Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used— ‘‘(A) to support State educational agencies with dem- onstration authority through technical assistance; and ‘‘(B) to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration authority to the additional State edu- cational agencies described in subsection (d). ‘‘(4) P UBLICLY AVAILABLE .—The Secretary shall make the progress report under this subsection and the response described in paragraph (3) publicly available on the website of the Department. ‘‘(5) P ROHIBITION .—The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition

86 S. 1177—86 to the information the State is already required to provide under subsection (e)(2)(B)(x). ‘‘(d) E EMONSTRATION UTHORITY .—Upon D A XPANSION OF THE completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section. PPLICATION .— ‘‘(e) A N GENERAL ‘‘(1) I .—A State educational agency, or consor- tium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. ‘‘(2) C .—Such application shall include a descrip- ONTENTS tion of the innovative assessment system, the experience the applicant has in implementing any components of the innova- tive assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following: ‘‘(A) A demonstration that the innovative assessment system will— ‘‘(i) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section; ‘‘(ii) be aligned to the challenging State academic standards and address the depth and breadth of such standards; ‘‘(iii) express student results or student com- petencies in terms consistent with the State’s aligned academic achievement standards under section 1111(b)(1); ‘‘(iv) generate results that are valid and reliable, and comparable, for all students and for each subgroup of students described in section 1111(b)(2)(B)(xi), as compared to the results for such students on the State assessments under section 1111(b)(2); ‘‘(v) be developed in collaboration with— ‘‘(I) stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children; ‘‘(II) teachers, principals, and other school leaders; ‘‘(III) local educational agencies; ‘‘(IV) parents; and ‘‘(V) civil rights organizations in the State; ‘‘(vi) be accessible to all students, such as by incor- porating the principles of universal design for learning; ‘‘(vii) provide teachers, principals, other school leaders, students, and parents with timely data, disaggregated by each subgroup of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports;

87 S. 1177—87 ‘‘(viii) identify which students are not making progress toward the challenging State academic stand- ards so that teachers can provide instructional support and targeted interventions to all students; ‘‘(ix) annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in section 1111(c)(2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as meas- ured under section 1111(c)(4)(E), as were assessed by schools administering the assessment under section 1111(b)(2); ‘‘(x) generate an annual, summative achievement determination, based on the aligned State academic achievement standards under section 1111(b)(1) and based on annual data, for each individual student; and ‘‘(xi) allow the State educational agency to validly and reliably aggregate data from the innovative assess- ment system for purposes of— ‘‘(I) accountability, consistent with the require- ments of section 1111(c); and ‘‘(II) reporting, consistent with the require- ments of section 1111(h). ‘‘(B) A description of how the State educational agency will— ‘‘(i) continue use of the statewide academic assess- ments required under section 1111(b)(2) if such assess- ments will be used for accountability purposes for the duration of the demonstration authority period; ‘‘(ii) identify the distinct purposes for each assess- ment that is part of the innovative assessment system; ‘‘(iii) provide support and training to local edu- cational agency and school staff to implement the innovative assessment system described in this sub- section; ‘‘(iv) inform parents of students in participating local educational agencies about the innovative assess- ment system at the beginning of each school year during which the innovative assessment system will be implemented; ‘‘(v) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high- quality professional development, standardized and calibrated scoring rubrics, and other strategies, con- sistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reli- ability and comparability; ‘‘(vi) acclimate students to the innovative assess- ment system; ‘‘(vii) ensure that students with the most signifi- cant cognitive disabilities may be assessed with alter- nate assessments consistent with section 1111(b)(2)(D); ‘‘(viii) if the State is proposing to administer the innovative assessment system initially in a subset of

88 S. 1177—88 local educational agencies, scale up the innovative assessment system to administer such system state- wide, or with additional local educational agencies, in the State’s proposed demonstration authority period; ‘‘(ix) gather data, solicit regular feedback from teachers, principals, other school leaders, and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and ‘‘(x) report data from the innovative assessment system annually to the Secretary, including— ‘‘(I) demographics of participating local edu- cational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State’s demonstration authority period or 2-year exten- sion, except that such data shall not reveal any personally identifiable information, including a description of how the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the dem- onstration authority period; ‘‘(II) the performance of all participating stu- dents, and for each subgroup of students defined in section 1111(c)(2), on the innovative assessment, consistent with the requirements in section 1111(h), except that such data shall not reveal any personally identifiable information; ‘‘(III) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and ‘‘(IV) if such system is not statewide, a descrip- tion of the State’s progress in scaling up the innovative assessment system to additional local educational agencies during the State’s demonstra- tion authority period, as described in clause (viii). ‘‘(C) A description of the State educational agency’s plan to— ‘‘(i) ensure that all students and each of the sub- groups of students defined in section 1111(c)(2) partici- pating in the innovative assessment system receive the instructional support needed to meet State aligned academic achievement standards; ‘‘(ii) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and ‘‘(iii) hold all schools in the local educational agen- cies participating in the program of demonstration authority accountable for meeting the State’s expecta- tions for student achievement. ‘‘(D) If the innovative assessment system will initially be administered in a subset of local educational agencies—

89 S. 1177—89 ‘‘(i) a description of the local educational agencies within the State educational agency that will partici- pate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration authority period; ‘‘(ii) assurances from such local educational agen- cies that such agencies will comply with the require- ments of this subsection; ‘‘(iii) a description of how the State will— ‘‘(I) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies during the demonstra- tion authority period; and ‘‘(II) ensure that the participating local edu- cational agencies, as a group, will be demographi- cally similar to the State as a whole by the end of the State’s demonstration authority period; and ‘‘(iv) a description of the State educational agency’s plan to hold all students and each of the subgroups of students, as defined in section 1111(c)(2), to the same high standard as other students in the State. ‘‘(f) P R EVIEW .—The Secretary shall— EER ‘‘(1) implement a peer-review process to inform— ‘‘(A) the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and ‘‘(B) determinations about whether an innovative assessment system— ‘‘(i) is comparable to the State assessments under section 1111(b)(2)(B)(v), valid, reliable, of high tech- nical quality, and consistent with relevant, nationally recognized professional and technical standards; and ‘‘(ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students; ‘‘(2) ensure that the peer-review team consists of practi- tioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating stu- dents, including— ‘‘(A) individuals with past experience developing sys- tems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and ‘‘(B) individuals with experience implementing innova- tive assessment and accountability systems; ‘‘(3) make publicly available the applications submitted under subsection (c) and the peer-review comments and rec- ommendations regarding such applications; ‘‘(4) make a determination and inform the State regarding approval or disapproval of the application under subsection (c) not later than 90 days after receipt of the complete applica- tion;

90 S. 1177—90 ‘‘(5) if the Secretary disapproves an application under para- graph (4), offer the State an opportunity to— ‘‘(A) revise and resubmit such application within 60 days of the disapproval determination; and ‘‘(B) submit additional evidence that the State’s application meets the requirements of subsection (c); and ‘‘(6) make a determination regarding application approval or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted application. .—The Secretary may extend an authorization ‘‘(g) E XTENSION of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period. ‘‘(h) U SE OF NNOVATIVE A SSESSMENT S YSTEM .—A State may, I during the State’s approved demonstration authority period or 2- year extension, include results from the innovative assessment sys- tems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 1111(c). ‘‘(i) W ITHDRAWAL OF A UTHORITY .—The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 1111(b)(2) for all local educational agencies in the State if, at any time during a State’s approved demonstration authority period or 2-year exten- sion, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section— ‘‘(1) meets the requirements under subsection (c); ‘‘(2) includes all students attending schools participating in the innovative assessment system in a State that has dem- onstration authority, including each of the subgroups of stu- dents, as defined under section 1111(c)(2); ‘‘(3) provides an unbiased, rational, and consistent deter- mination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students, which are comparable to meas- ures of academic achievement under section 1111(c)(4)(B)(i) across the State in which the local educational agencies are located; ‘‘(4) presents a high-quality plan to transition to full state- wide use of the innovative assessment system by the end of the State’s approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and ‘‘(5) demonstrates comparability to the statewide assess- ments under section 1111(b)(2) in content coverage, difficulty, and quality. ‘‘(j) T RANSITION .— ‘‘(1) I N GENERAL .—

91 S. 1177—91 ‘‘(A) O .— PERATION OF INNOVATIVE ASSESSMENT SYSTEM If, after a State’s approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be per- mitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111. ‘‘(B) H IGH QUALITY .—Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that— ‘‘(i) the innovative assessment system meets all of the requirements of this section; ‘‘(ii) the State has examined the effects of the system on other measures of student success, including indicators in the accountability system under section 1111(c)(4)(B); ‘‘(iii) the innovative assessment system provides coherent and timely information about student achieve- ment based on the challenging State academic stand- ards, including objective measurement of academic achievement, knowledge, and skills that are valid, reli- able, and consistent with relevant, nationally-recog- nized professional and technical standards; ‘‘(iv) the State has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and ‘‘(v) the State has demonstrated that the same innovative assessment system was used to measure— ‘‘(I) the achievement of all students that participated in such innovative assessment system; and ‘‘(II) not less than the percentage of such stu- dents overall and in each of the subgroups of stu- dents, as defined in section 1111(c)(2), as measured under section 1111(c)(4)(E), as were assessed under the assessment required by section 1111(b)(2). ‘‘(2) B ASELINE .—For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system. AIVER AUTHORITY .—A State may request, and the ‘‘(3) W Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the State’s approved demonstration authority period and 2-year extension— ‘‘(A) the State has met all of the requirements of this section, except transition to full statewide use of the innova- tive assessment system; and ‘‘(B) the State continues to comply with the other requirements of this section, and demonstrates a high-

92 S. 1177—92 quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time. ‘‘(k) A UNDS .—A State may use funds available under VAILABLE F section 1201 to carry out this section. ONSORTIUM ‘‘(l) C .—A consortium of States may apply to partici- pate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consor- tium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority. ‘‘(m) D ISSEMINATION OF EST P RACTICES .— B .—Following the publication of the progress N GENERAL ‘‘(1) I report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of— ‘‘(A) summative assessments that— ‘‘(i) meet the requirements of section 1111(b)(2)(B); ‘‘(ii) are comparable with statewide assessments under section 1111(b)(2); and ‘‘(iii) include assessment tasks that determine pro- ficiency or mastery of State-approved competencies aligned to challenging State academic standards; ‘‘(B) effective supports for local educational agencies and school staff to implement innovative assessment sys- tems; ‘‘(C) effective engagement and support of teachers in developing and scoring assessments and the use of high- quality professional development; ‘‘(D) effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment system; and ‘‘(E) standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and com- parability of determinations of mastery or proficiency across local educational agencies and the State. ‘‘(2) P UBLICATION .—The Secretary shall make the informa- tion described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years.’’. PART C—EDUCATION OF MIGRATORY CHILDREN SEC. 1301. EDUCATION OF MIGRATORY CHILDREN. (a) P ROGRAM P URPOSES .—Section 1301 (20 U.S.C. 6391) is amended to read as follows: ‘‘SEC. 1301. PROGRAM PURPOSES. ‘‘The purposes of this part are as follows: ‘‘(1) To assist States in supporting high-quality and com- prehensive educational programs and services during the school year and, as applicable, during summer or intersession periods,

93 S. 1177—93 that address the unique educational needs of migratory chil- dren. ‘‘(2) To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and challenging State academic standards. ‘‘(3) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet. ‘‘(4) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, var- ious health-related problems, and other factors that inhibit the ability of such children to succeed in school. ‘‘(5) To help migratory children benefit from State and local systemic reforms.’’. (b) S TATE A LLOCATIONS .—Section 1303 (20 U.S.C. 6393) is amended— (1) by redesignating subsections (c) through (e) as sub- sections (d) through (f), respectively; (2) by striking subsections (a) and (b) and inserting the following: TATE A LLOCATIONS .—Except as provided in subsection ‘‘(a) S (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of— ‘‘(1) the sum of— ‘‘(A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and ‘‘(B) the number of identified eligible migratory chil- dren, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by ‘‘(2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this para- graph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. ‘‘(b) H H OLD .—Notwithstanding subsection (a), for each ARMLESS of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the pre- ceding fiscal year. ‘‘(c) A LLOCATION TO P UERTO R ICO .— ‘‘(1) I .—For each fiscal year, the grant that N GENERAL the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— ‘‘(A) the percentage that the average per-pupil expendi- ture in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and ‘‘(B) 32 percent of the average per-pupil expenditure in the United States. ‘‘(2) M INIMUM PERCENTAGE .—The percentage described in paragraph (1)(A) shall not be less than 85 percent.

94 S. 1177—94 ‘‘(3) L .—If the application of paragraph (2) for IMITATION any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year.’’; (3) in subsection (d), as redesignated by paragraph (1)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘(A) If, after’’ and inserting the following: ‘‘(A) R .—If, after’’; and ATABLE REDUCTIONS (ii) in subparagraph (B)— (I) by striking ‘‘(B) If additional’’ and inserting the following: ‘‘(B) R .—If additional’’; and EALLOCATION (II) by striking ‘‘purpose’’ and inserting ‘‘pur- poses’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘(A) The Sec- retary’’ and inserting the following: ‘‘(A) F URTHER REDUCTIONS .—The Secretary’’; and (ii) in subparagraph (B), by striking ‘‘(B) The Sec- retary’’ and inserting the following: ‘‘(B) R EALLOCATION .—The Secretary’’; (4) in subsection (e)(3)(B), as redesignated by paragraph (1), by striking ‘‘welfare or educational attainment of children’’ and inserting ‘‘academic achievement of children’’; (5) in subsection (f), as redesignated by paragraph (1)— (A) in the matter preceding paragraph (1), by striking ‘‘estimated’’ and inserting ‘‘identified’’; (B) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) use the most recent information that most accurately reflects the actual number of migratory children;’’; (C) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (D) by inserting after paragraph (1) the following: ‘‘(2) develop and implement a procedure for monitoring the accuracy of such information;’’; (E) in paragraph (4), as redesignated by subparagraph (C)— (i) in the matter preceding subparagraph (A), by striking ‘‘full-time equivalent’’; and (ii) in subparagraph (A)— (I) by striking ‘‘special needs’’ and inserting ‘‘unique needs’’; and (II) by striking ‘‘special programs provided under this part’’ and inserting ‘‘effective special programs provided under this part’’; and (F) in paragraph (5), as redesignated by subparagraph (C), by striking ‘‘the child whose education has been inter- rupted’’ and inserting ‘‘migratory children, including the most at-risk migratory children’’; and (6) by adding at the end the following:

95 S. 1177—95 ‘‘(g) N S TATES .—In the case of a State desiring ONPARTICIPATING to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3- year average number of such children in accordance with such subsection.’’. TATE A PPLICATIONS ; S ERVICES (c) S .—Section 1304 (20 U.S.C. 6394) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘special educational needs’’ and inserting ‘‘unique educational needs’’; and (II) by inserting ‘‘and migratory children who have dropped out of school’’ after ‘‘preschool migra- tory children’’; (ii) in subparagraph (B)— (I) by striking ‘‘migrant children’’ and inserting ‘‘migratory children’’; and (II) by striking ‘‘part A or B of title III’’ and inserting ‘‘part A of title III’’; and (iii) by striking subparagraph (D) and inserting the following: ‘‘(D) measurable program objectives and outcomes;’’; (B) in paragraph (2), by striking ‘‘challenging State academic content standards and challenging State student academic achievement standards’’ and inserting ‘‘chal- lenging State academic standards’’; (C) in paragraph (3), by striking ‘‘, consistent with procedures the Secretary may require,’’; (D) in paragraph (5), by inserting ‘‘and’’ after the semi- colon; (E) by striking paragraph (6); (F) by redesignating paragraph (7) as paragraph (6); and (G) in paragraph (6), as redesignated by subparagraph (F), by striking ‘‘who have parents who do not have a high school diploma’’ and inserting ‘‘whose parents do not have a high school diploma’’; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking ‘‘, satisfactory to the Secretary,’’; (B) in paragraph (2), by striking ‘‘subsections (b) and (c) of section 1120A, and part I’’ and inserting ‘‘subsections (b) and (c) of section 1118, and part F’’; (C) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘parent advisory councils’’ and inserting ‘‘parents of migratory children, including parent advisory councils,’’; and (II) by striking ‘‘of 1 school year in duration’’ and inserting ‘‘not less than 1 school year in dura- tion’’; and

96 S. 1177—96 (ii) in subparagraph (A), by striking ‘‘section 1118’’ and inserting ‘‘section 1116’’; (D) in paragraph (4), by inserting ‘‘and migratory chil- dren who have dropped out of school’’ after ‘‘preschool migratory children’’; (E) by redesignating paragraph (7) as paragraph (8); (F) by striking paragraph (6) and inserting the fol- lowing: ‘‘(6) such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services; ‘‘(7) to the extent feasible, such programs and projects will provide for— ‘‘(A) advocacy and other outreach activities for migra- tory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services; ‘‘(B) professional development programs, including mentoring, for teachers and other program personnel; ‘‘(C) family literacy programs; ‘‘(D) the integration of information technology into edu- cational and related programs; and ‘‘(E) programs to facilitate the transition of secondary school students to postsecondary education or employment; and’’; and (G) in paragraph (8), as redesignated by subparagraph (E), by striking ‘‘paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require’’ and inserting ‘‘section 1303(a)(1)’’; (3) by striking subsection (d) and inserting the following: ‘‘(d) P RIORITY FOR ERVICES .—In providing services with funds S received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who— ‘‘(1) are failing, or most at risk of failing, to meet the challenging State academic standards; or ‘‘(2) have dropped out of school.’’; and (4) in subsection (e)(3), by striking ‘‘secondary school stu- dents’’ and inserting ‘‘students’’. (d) S ECRETARIAL PPROVAL ; P EER R EVIEW .—Section 1305 (20 A U.S.C. 6395) is amended to read as follows: ‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. ‘‘The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials with relevant expertise.’’. (e) C OMPREHENSIVE N EEDS A SSESSMENT AND S ERVICE - DELIVERY P ; A UTHORIZED A CTIVITIES .—Section 1306 (20 U.S.C. 6396) is LAN amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by striking ‘‘special’’ and inserting ‘‘unique’’; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking ‘‘section 9302’’ and inserting ‘‘section 8302’’; and

97 S. 1177—97 (ii) in clause (i), by striking ‘‘special’’ and inserting ‘‘unique’’; (C) in subparagraph (C), by striking ‘‘challenging State academic content standards and challenging State student academic achievement standards’’ and inserting ‘‘chal- lenging State academic standards’’; and (D) in subparagraph (F), by striking ‘‘part A or B of title III’’ and inserting ‘‘part A of title III’’; and (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘shall have the flexi- bility to’’ and inserting ‘‘retains the flexibility to’’; and (B) in paragraph (4), by striking ‘‘special educational’’ and inserting ‘‘unique educational’’. (f) B YPASS .—Section 1307 (20 U.S.C. 6397) is amended— (1) in the matter preceding paragraph (1), by striking ‘‘non- profit’’; and (2) in paragraph (3), by striking ‘‘welfare or educational attainment’’ and inserting ‘‘educational achievement’’. (g) C .—Section IGRANT E DUCATION A OORDINATION OF M CTIVITIES 1308 (20 U.S.C. 6398) is amended— (1) in subsection (a)(1)— (A) by striking ‘‘nonprofit’’; (B) by inserting ‘‘through’’ after ‘‘including’’; and (C) by striking ‘‘students’’ and inserting ‘‘children’’; and (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘developing effective methods for’’; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking ‘‘The Secretary, in consultation’’ and all that follows through ‘‘include—’’ and inserting the following: ‘‘The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and edu- cational information regarding all migratory stu- dents eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such informa- tion may include—’’; (II) in clause (ii), by striking ‘‘required under section 1111(b)’’ and inserting ‘‘under section 1111(b)(2)’’; and (III) in clause (iii), by striking ‘‘high standards’’ and inserting ‘‘the challenging State academic standards’’; (ii) by redesignating subparagraph (B) as subpara- graph (C); (iii) by inserting after subparagraph (A) the fol- lowing: ‘‘(B) C ONSULTATION .—The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—

98 S. 1177—98 ‘‘(i) the effectiveness of the system described in subparagraph (A); and ‘‘(ii) the ongoing improvement of such system.’’; and (iv) in subparagraph (C), as redesignated by clause (ii)— (I) by striking ‘‘the proposed data elements’’ and inserting ‘‘any new proposed data elements’’; and (II) by striking ‘‘Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001.’’; and (C) by striking paragraph (4). (h) D EFINITIONS .—Section 1309 (20 U.S.C. 6399) is amended— (1) in paragraph (1)(B), by striking ‘‘nonprofit’’; and (2) by striking paragraph (2) and inserting the following: ‘‘(2) M .—The term ‘migra- IGRATORY AGRICULTURAL WORKER tory agricultural worker’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or per- sonal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migra- tory agricultural worker if the individual actively sought such new employment and has a recent history of moves for tem- porary or seasonal agricultural employment. ‘‘(3) M IGRATORY CHILD .—The term ‘migratory child’ means a child or youth who made a qualifying move in the preceding 36 months— ‘‘(A) as a migratory agricultural worker or a migratory fisher; or ‘‘(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. ‘‘(4) M .—The term ‘migratory fisher’ means IGRATORY FISHER an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. ‘‘(5) Q UALIFYING MOVE .—The term ‘qualifying move’ means a move due to economic necessity— ‘‘(A) from one residence to another residence; and ‘‘(B) from one school district to another school district, except— ‘‘(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or ‘‘(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence.’’.

99 S. 1177—99 PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT- RISK SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHIL- DREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK. Part D of title I (20 U.S.C. 6421 et seq.) is amended— (1) in section 1401(a)— (A) in paragraph (1)— (i) by inserting ‘‘, tribal,’’ after ‘‘youth in local’’; and (ii) by striking ‘‘challenging State academic content standards and challenging State student academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and (B) in paragraph (3), by inserting ‘‘and the involvement of their families and communities’’ after ‘‘to ensure their continued education’’; (2) in section 1412(b), by striking paragraph (2) and inserting the following: ‘‘(2) M INIMUM PERCENTAGE .—The percentage in paragraph (1)(A) shall not be less than 85 percent.’’; (3) in section 1414— (A) in subsection (a)— (i) in paragraph (1)(B), by striking ‘‘from correc- tional facilities to locally operated programs’’ and inserting ‘‘between correctional facilities and locally operated programs’’; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) by striking ‘‘the program goals, objec- tives, and performance measures established by the State’’ and inserting ‘‘the program objec- tives and outcomes established by the State’’; and (bb) by striking ‘‘vocational’’ and inserting ‘‘career’’; (II) in subparagraph (B), by striking ‘‘and’’ after the semicolon; (III) by redesignating subparagraph (C) as subparagraph (D); (IV) by inserting after subparagraph (B) the following: ‘‘(C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;’’; (V) in subparagraph (D), as redesignated by subclause (III)— (aa) in clause (i), by inserting ‘‘and’’ after the semicolon; (bb) by striking clause (ii) and redesig- nating clause (iii) as clause (ii); and (cc) by striking clause (iv); and (VI) by adding at the end the following:

100 S. 1177—100 ‘‘(E) provide assurances that the State educational agency has established— ‘‘(i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and ‘‘(ii) opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and technical edu- cation programming.’’; and (B) in subsection (c)— (i) in paragraph (1), by inserting ‘‘and, to the extent practicable, provide for such assessment upon entry into a correctional facility’’ after ‘‘to be served under this subpart’’; (ii) in paragraph (6)— (I) by striking ‘‘carry out the evaluation requirements of section 9601 and how’’ and inserting ‘‘use’’; (II) by inserting ‘‘under section 8601’’ after ‘‘recent evaluation’’; and (III) by striking ‘‘will be used’’; (iii) in paragraph (7), by striking ‘‘section 9521’’ and inserting ‘‘section 8521’’; (iv) paragraph (8)— (I) by striking ‘‘Public Law 105–220’’ and inserting ‘‘the Workforce Innovation and Oppor- tunity Act’’; and (II) by striking ‘‘vocational’’ and inserting ‘‘career’’; (v) in paragraph (9)— (I) by inserting ‘‘and after’’ after ‘‘prior to’’; and (II) by inserting ‘‘in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program’’ after ‘‘the local educational agency or alternative edu- cation program’’; (vi) in paragraph (11), by striking ‘‘transition of children and youth from such facility or institution to’’ and inserting ‘‘transition of such children and youth between such facility or institution and’’; (vii) in paragraph (16)— (I) by inserting ‘‘and attain a regular high school diploma’’ after ‘‘to encourage the children and youth to reenter school’’; and (II) by striking ‘‘achieve a secondary school diploma’’ and inserting ‘‘attain a regular high school diploma’’; (viii) in paragraph (17), by inserting ‘‘certified or licensed’’ after ‘‘provides an assurance that’’; (ix) in paragraph (18), by striking ‘‘and’’ after the semicolon;

101 S. 1177—101 (x) in paragraph (19), by striking the period at the end and inserting ‘‘; and’’; and (xi) by adding at the end the following: ‘‘(20) describes how the State agency will, to the extent feasible— ‘‘(A) note when a youth has come into contact with both the child welfare and juvenile justice systems; and ‘‘(B) deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably avail- able).’’; (4) in section 1415— (A) in subsection (a)— (i) in paragraph (1)(B), by striking ‘‘vocational or technical training’’ and inserting ‘‘career and technical education’’; and (ii) in paragraph (2)— (I) by striking subparagraph (A) and inserting the following: ‘‘(A) may include— ‘‘(i) the acquisition of equipment; ‘‘(ii) pay-for-success initiatives; or ‘‘(iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;’’; (II) in subparagraph (B)— (aa) in clause (i), by striking ‘‘the State’s challenging academic content standards and student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; (bb) in clause (ii), by striking ‘‘supplement and improve’’ and inserting ‘‘respond to the educational needs of such children and youth, including by supplementing and improving’’; and (cc) in clause (iii)— (AA) by striking ‘‘challenging State academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and (BB) by inserting ‘‘and’’ after the semicolon; (III) in subparagraph (C)— (aa) by striking ‘‘section 1120A and part I’’ and inserting ‘‘section 1118 and part F’’; and (bb) by striking ‘‘; and’’ and inserting a period; and (IV) by striking subparagraph (D); and (B) in subsection (b), by striking ‘‘section 1120A’’ and inserting ‘‘section 1118’’; (5) in section 1416— (A) in paragraph (3)—

102 S. 1177—102 (i) by striking ‘‘challenging State academic content standards and student academic achievement stand- ards’’ and inserting ‘‘challenging State academic stand- ards’’; and (ii) by striking ‘‘complete secondary school, attain a secondary diploma’’ and inserting ‘‘attain a regular high school diploma’’; (B) in paragraph (4)— (i) by striking ‘‘pupil’’ and inserting ‘‘specialized instructional support’’; and (ii) by inserting ‘‘, and how relevant and appro- priate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local edu- cational agency in order to facilitate the transition of such children and youth between the local edu- cational agency and the State agency’’ after ‘‘children and youth described in paragraph (1)’’; and (C) in paragraph (6), by striking ‘‘student progress’’ and inserting ‘‘and improve student achievement’’; (6) in section 1418(a)— (A) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or’’; and (B) in paragraph (2)— (i) by striking ‘‘vocational’’ each place the term appears and inserting ‘‘career’’; and (ii) in the matter preceding subparagraph (A), by striking ‘‘secondary’’ and inserting ‘‘regular high’’; (7) in section 1419— (A) by striking the section heading and inserting ‘‘ ’’; and TECHNICAL ASSISTANCE (B) by striking ‘‘for a fiscal year’’ and all that follows through ‘‘to provide’’ and inserting ‘‘for a fiscal year to provide’’; (8) in section 1421(3), by inserting ‘‘, including schools operated or funded by the Bureau of Indian Education,’’ after ‘‘local schools’’; (9) in section 1422(d), by striking ‘‘impact on meeting the transitional’’ and inserting ‘‘impact on meeting such transi- tional’’; (10) in section 1423— (A) in paragraph (2)(B), by inserting ‘‘, including such facilities operated by the Secretary of the Interior and Indian tribes’’ after ‘‘the juvenile justice system’’; (B) by striking paragraph (4) and inserting the fol- lowing: ‘‘(4) a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;’’;

103 S. 1177—103 (C) in paragraph (7)— (i) by inserting ‘‘institutions of higher education or’’ after ‘‘partnerships with’’; and (ii) by striking ‘‘develop training, curriculum-based youth entrepreneurship education’’ and inserting ‘‘facilitate postsecondary and workforce success for chil- dren and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming’’; (D) in paragraph (8), by inserting ‘‘and family mem- bers’’ after ‘‘will involve parents’’; (E) in paragraph (9), by striking ‘‘vocational’’ and inserting ‘‘career’’; and (F) in paragraph (13), by striking ‘‘regular’’ and inserting ‘‘traditional’’; (11) in section 1424— (A) in the matter before paragraph (1), by striking ‘‘Funds provided’’ and inserting the following: G ENERAL .—Funds provided’’; N ‘‘(a) I (B) in paragraph (2), by striking ‘‘, including’’ and all that follows through ‘‘gang members’’; (C) in paragraph (4)— (i) by striking ‘‘vocational’’ and inserting ‘‘career’’; and (ii) by striking ‘‘and’’ after the semicolon; and (D) in paragraph (5), by striking the period at the end and inserting a semicolon; (E) by inserting the following after paragraph (5): ‘‘(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are oper- ated by the Secretary of the Interior or Indian tribes; and ‘‘(7) pay for success initiatives.’’; and (F) by inserting after paragraph (7) the following: ‘‘(b) C ONTRACTS AND RANTS .—A local educational agency may G use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements.’’; (12) in section 1425— (A) in paragraph (4)— (i) by inserting ‘‘and attain a regular high school diploma’’ after ‘‘reenter school’’; and (ii) by striking ‘‘a secondary school diploma’’ and inserting ‘‘a regular high school diploma’’; (B) in paragraph (6), by striking ‘‘high academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; (C) in paragraph (9), by striking ‘‘vocational’’ and inserting ‘‘career’’; (D) in paragraph (10), by striking ‘‘and’’ after the semi- colon; (E) in paragraph (11), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following:

104 S. 1177—104 ‘‘(12) upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local educational agency that most recently provided serv- ices to the child or youth (if applicable) to ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and ‘‘(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement.’’; (13) in section 1426— (A) in paragraph (1), by striking ‘‘reducing dropout rates for male students and for female students over a 3-year period’’ and inserting ‘‘the number of children and youth attaining a regular high school diploma or its recog- nized equivalent’’; and (B) in paragraph (2)— (i) by striking ‘‘obtaining a secondary school diploma’’ and inserting ‘‘attaining a regular high school diploma’’; and (ii) by striking ‘‘obtaining employment’’ and inserting ‘‘attaining employment’’; (14) in section 1431(a)— (A) in the matter preceding paragraph (1), by inserting ‘‘while protecting individual student privacy,’’ after ‘‘age’’; (B) striking ‘‘secondary’’ each place the term appears and inserting ‘‘high’’; (C) in paragraph (1), by inserting ‘‘and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable’’ after ‘‘educational achieve- ment’’; and (D) in paragraph (3), by inserting ‘‘or school operated or funded by the Bureau of Indian Education’’ after ‘‘local educational agency’’; and (15) in section 1432(2)— (A) by inserting ‘‘dependency adjudication, or delin- quency adjudication,’’ after ‘‘failure,’’; (B) by striking ‘‘has limited English proficiency’’ and inserting ‘‘is an English learner’’; and (C) by inserting ‘‘or child welfare system’’ after ‘‘juve- nile justice system’’. PART E—FLEXIBILITY FOR EQUITABLE PER- PUPIL FUNDING SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. (a) R EORGANIZATION .—Title I (20 U.S.C. 6571 et seq.), as amended by this title, is further amended— (1) by striking parts E through H; (2) by redesignating part I as part F;

105 S. 1177—105 (3) by striking sections 1907 and 1908; (4) by redesignating sections 1901 through 1903 as sections 1601 through 1603, respectively; and (5) by redesignating sections 1905 and 1906 as sections 1604 and 1605, respectively. N ENERAL .—Title I (20 U.S.C. 6571 et seq.), as amended (b) I G by this title, is further amended by inserting after section 1432 the following: ‘‘PART E—FLEXIBILITY FOR EQUITABLE PER- PUPIL FUNDING ‘‘SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. ‘‘(a) P URPOSE .—The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. UTHORITY ‘‘(b) A .— ‘‘(1) I N GENERAL .—The Secretary is authorized to enter into local flexibility demonstration agreements— ‘‘(A) for not more than 3 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of sub- section (d); and ‘‘(B) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. ‘‘(2) F LEXIBILITY .—Except as described in subsection (d)(1)(I), the Secretary is authorized to waive, for local edu- cational agencies entering into agreements under this section, any provision of this Act that would otherwise prevent such agency from using eligible Federal funds as part of such agree- ment. ‘‘(c) S L OCAL E DUCATIONAL ELECTION OF GENCIES .— A ‘‘(1) I N GENERAL .—The Secretary may enter into local flexi- bility demonstration agreements with not more than 50 local educational agencies with an approved application under sub- section (d). ‘‘(2) S .—Each local educational agency shall be ELECTION selected based on such agency— ‘‘(A) submitting a proposed local flexibility demonstra- tion agreement under subsection (d); ‘‘(B) demonstrating that the agreement meets the requirements of such subsection; and ‘‘(C) agreeing to meet the continued demonstration requirements under subsection (e). ‘‘(3) E XPANSION .—Beginning with the 2019–2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the

106 S. 1177—106 requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018–2019 academic year. D ERMS OF L OCAL F LEXIBILITY T EMONSTRATION ‘‘(d) R EQUIRED GREEMENT .— A PPLICATION .—Each local educational agency that ‘‘(1) A desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility dem- onstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this sec- tion. The application shall include— ‘‘(A) a description of the school funding system based on weighted per-pupil allocations, including— ‘‘(i) the weights used to allocate funds within such system; ‘‘(ii) the local educational agency’s legal authority to use State and local education funds consistent with this section; ‘‘(iii) how such system will meet the requirements of paragraph (2); and ‘‘(iv) how such system will support the academic achievement of students, including low-income stu- dents, the lowest-achieving students, English learners, and children with disabilities; ‘‘(B) a list of funding sources, including eligible Federal funds, the local educational agency will include in such system; ‘‘(C) a description of the amount and percentage of total local educational agency funding, including State and local education funds and eligible Federal funds, that will be allocated through such system; ‘‘(D) the per-pupil expenditures (which shall include actual personnel expenditures, including staff salary dif- ferentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year; ‘‘(E) the per-pupil amount of eligible Federal funds each school served by the agency received in the preceding fiscal year, disaggregated by the programs supported by the eligible Federal funds; ‘‘(F) a description of how such system will ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by such funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable; ‘‘(G) an assurance that the local educational agency developed and will implement the local flexibility dem- onstration agreement in consultation with teachers, prin- cipals, other school leaders (including charter school leaders in a local educational agency that has charter schools), administrators of Federal programs impacted by the agree- ment, parents, community leaders, and other relevant stakeholders; ‘‘(H) an assurance that the local educational agency will use fiscal control and sound accounting procedures

107 S. 1177—107 that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system; ‘‘(I) an assurance that the local educational agency will continue to meet the requirements of sections 1117, 1118, and 8501; and ‘‘(J) 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 consoli- dating and using funds under the agreement. EQUIREMENTS OF THE SYSTEM .— ‘‘(2) R ‘‘(A) I .—A local educational agency’s school N GENERAL funding system based on weighted per-pupil allocations shall— ‘‘(i) except as allowed under clause (iv), allocate a significant portion of funds, including State and local education funds and eligible Federal funds, to the school level based on the number of students in a school and a formula developed by the agency under this section that determines per-pupil weighted amounts; ‘‘(ii) use weights or allocation amounts that allocate substantially more funding to English learners, stu- dents from low-income families, and students with any other characteristics associated with educational dis- advantage chosen by the local educational agency, than to other students; ‘‘(iii) ensure that each high-poverty school receives, in the first year of the demonstration agreement— ‘‘(I) more per-pupil funding, including from Federal, State, and local sources, for low-income students than such funding received for low- income students in the year prior to entering into a demonstration agreement under this section; and ‘‘(II) at least as much per-pupil funding, including from Federal, State, and local sources, for English learners as such funding received for English learners in the year prior to entering into a demonstration agreement under this section; ‘‘(iv) be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local edu- cational agency’s State and local education funds and eligible Federal funds; and ‘‘(v) include all school-level actual personnel expenditures for instructional staff (including staff salary differentials for years of employment) and actual nonpersonnel expenditures in the calculation of the local educational agency’s State and local education funds and eligible Federal funds to be allocated under clause (i). ‘‘(B) P ERCENTAGE .—In establishing the percentage described in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percentage— ‘‘(i) under such subparagraph is sufficient to carry out the purposes of the demonstration agreement under

108 S. 1177—108 this section and to meet each of the requirements of this subsection; and ‘‘(ii) of State and local education funds and eligible Federal funds that are not allocated through the local educational agency’s school funding system based on weighted per-pupil allocations, does not undermine or conflict with the requirements of the demonstration agreement under this section. XPENDITURES .—After allocating funds through ‘‘(C) E the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures. ONTINUED .—Each local educational EMONSTRATION D ‘‘(e) C agency with an approved application under subsection (d) shall annually— ‘‘(1) demonstrate to the Secretary that, as compared to the previous year, no high-poverty school served by the agency received— ‘‘(A) less per-pupil funding, including from Federal, State, and local sources, for low-income students; or ‘‘(B) less per-pupil funding, including from Federal, State, and local sources, for English learners; ‘‘(2) make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State and local education funds and eligible Federal funds for each school served by the agency, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year; ‘‘(3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the sub- groups of students, as defined in section 1111(c)(2); and ‘‘(4) notwithstanding paragraph (1), (2), or (3), ensure that any information to be reported or made public under this sub- section is only reported or made public if such information does not reveal personally identifiable information. ‘‘(f) L IMITATIONS ON A DMINISTRATIVE E XPENDITURES .—Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal funds that is not more than the percentage of funds allowed for such purposes under any of the following: ‘‘(1) This title. ‘‘(2) Title II. ‘‘(3) Title III. ‘‘(4) Part A of title IV. ‘‘(5) Part B of title V. ‘‘(g) P EER R EVIEW .—The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility dem- onstration agreement.

109 S. 1177—109 ‘‘(h) N .—The Secretary may, after providing ONCOMPLIANCE notice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the require- ments under subsections (d) and (e). ‘‘(i) E VIDENCE .—If a local educational agency believes that the Secretary’s determination under subsection (h) is in error for statis- tical 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 determination. ‘‘(j) P ROGRAM E VALUATION .—From the amount reserved for evaluation activities under section 8601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate— ‘‘(1) the implementation of the local flexibility demonstra- tion agreements under this section; and ‘‘(2) the impact of such agreements on improving the equi- table distribution of State and local funding and increasing student achievement. ‘‘(k) R L ENEWAL OF F LEXIBILITY D EMONSTRATION A GREE - OCAL MENT .—The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if— ‘‘(1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to, and has a high likelihood of, continuing to meet such requirements; and ‘‘(2) the Secretary determines that renewing the local flexi- bility demonstration agreement is in the interest of students served under this title and title III. ‘‘(l) D EFINITIONS .—In this section: LIGIBLE FEDERAL FUNDS ‘‘(1) E .—The term ‘eligible Federal funds’ means funds received by a local educational agency under— ‘‘(A) this title; ‘‘(B) title II; ‘‘(C) title III; ‘‘(D) part A of title IV; and ‘‘(E) part B of title V. ‘‘(2) H IGH - POVERTY SCHOOL .—The term ‘high-poverty school’ means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families.’’. PART F—GENERAL PROVISIONS SEC. 1601. GENERAL PROVISIONS. (a) F EDERAL R EGULATIONS .—Section 1601 (20 U.S.C. 6571), as redesignated by section 1501(a)(4) of this Act, is amended— (1) in subsection (a), by inserting ‘‘, in accordance with subsections (b) through (d) and subject to section 1111(e),’’ after ‘‘may issue’’; (2) in subsection (b)— (A) in paragraph (1), by inserting ‘‘principals, other school leaders (including charter school leaders),’’ after ‘‘teachers,’’;

110 S. 1177—110 (B) in paragraph (2), by adding at the end the following: ‘‘Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stake- holders.’’; (C) in paragraph (3)(A), by striking ‘‘standards and assessments’’ and inserting ‘‘standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds’’; (D) by striking paragraph (4) and inserting the fol- lowing: ‘‘(4) P .—Such process— ROCESS ‘‘(A) shall not be subject to the Federal Advisory Com- mittee Act (5 U.S.C. App.); and ‘‘(B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the ‘Negotiated Rulemaking Act of 1990’).’’; and (E) by striking paragraph (5); (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: LTERNATIVE P ROCESS FOR .—If con- ERTAIN E XCEPTIONS C ‘‘(c) A sensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner: OTICE TO CONGRESS .—Not less than 15 business days ‘‘(1) N prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— ‘‘(A) a copy of the proposed regulation; ‘‘(B) the need to issue the regulation; ‘‘(C) the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; ‘‘(D) the anticipated benefits to State educational agen- cies, local educational agencies, schools, and other entities that may be impacted by the regulation; and ‘‘(E) any regulations that will be repealed when the new regulation is issued. .—The Secretary OMMENT PERIOD FOR CONGRESS ‘‘(2) C shall— ‘‘(A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the pro- posed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and

111 S. 1177—111 ‘‘(B) include and seek to address all comments sub- mitted by Congress in the public rulemaking record for the regulation published in the Federal Register. ; EMERGENCY SITUA - ‘‘(3) C OMMENT AND REVIEW PERIOD .—The comment and review period for any proposed regu- TIONS lation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— ‘‘(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1); ‘‘(B) publish the length of the comment and review period in such notice and in the Federal Register; and ‘‘(C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation.’’; (5) in subsection (d), as redesignated by paragraph (3), by striking ‘‘Regulations to carry out this part’’ and inserting ‘‘Regulations to carry out this title’’; and (6) by inserting after subsection (d), as redesignated by paragraph (3), the following: ‘‘(e) R C ULE OF .—Nothing in this section affects ONSTRUCTION the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administra- tive Procedure Act’) or chapter 8 of title 5, United States Code (commonly known as the ‘Congressional Review Act’).’’. (b) A GREEMENTS AND R ECORDS .—Subsection (a) of section 1602 (20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is amended to read as follows: GREEMENTS ‘‘(a) A .—In any case in which a negotiated rule- making process is established under section 1601(b), all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1601 unless the Secretary reopens the negotiated rulemaking process.’’. TATE (c) S DMINISTRATION .—Section 1603 (20 U.S.C. 6573), A as redesignated by section 1501(a)(4) of this Act, is further amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking ‘‘and’’ after the semicolon; (ii) in subparagraph (D), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(E)(i) identify any duplicative or contrasting require- ments between the State and Federal rules or regulations; and ‘‘(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.’’; and (B) in paragraph (2), by striking ‘‘the challenging State student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; and (2) in subsection (b)(2), by striking subparagraphs (C) through (G) and inserting the following: ‘‘(C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators; ‘‘(D) principals and other school leaders;

112 S. 1177—112 ‘‘(E) parents; ‘‘(F) members of local school boards; ‘‘(G) representatives of private school children; ‘‘(H) specialized instructional support personnel and paraprofessionals; ‘‘(I) representatives of authorized public chartering agencies (if there are charter schools in the State); and ‘‘(J) charter school leaders (if there are charter schools in the State).’’. TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACH- ERS, PRINCIPALS, OR OTHER SCHOOL LEADERS SEC. 2001. GENERAL PROVISIONS. MENDMENTS ITLE RANSFERS AND R ELATED A II T .— (a) T (1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by striking the matter following paragraph (2) and inserting the following: ‘‘(3) A State law that makes a limitation of liability inappli- cable if the civil action was brought by an officer of a State or local government pursuant to State or local law.’’. (2) Subpart 4 of part D of title II (20 U.S.C. 6777) is amended, by striking the subpart designation and heading and inserting the following: ‘‘Subpart 4—Internet Safety’’. (3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IX; (B) inserted so as to appear after subpart 2 of part E of such title; (C) redesignated as subpart 3 of such part; and (D) further amended by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively. (4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) (as amended by paragraph (2) of this subsection) is— (A) transferred to title IV; (B) inserted so as to appear after subpart 4 of part A of such title; (C) redesignated as subpart 5 of such part; and (D) further amended by redesignating section 2441 as section 4161. SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS. The Act (20 U.S.C. 6301 et seq.) is amended by striking title II and inserting the following:

113 S. 1177—113 ‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACH- ERS, PRINCIPALS, OR OTHER SCHOOL LEADERS ‘‘SEC. 2001. PURPOSE. ‘‘The purpose of this title is to provide grants to State edu- cational agencies and subgrants to local educational agencies to— ‘‘(1) increase student achievement consistent with the chal- lenging State academic standards; ‘‘(2) improve the quality and effectiveness of teachers, prin- cipals, and other school leaders; ‘‘(3) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and ‘‘(4) provide low-income and minority students greater access to effective teachers, principals, and other school leaders. ‘‘SEC. 2002. DEFINITIONS. ‘‘In this title: CHOOL RESIDENCY PROGRAM .—The term ‘‘(1) S LEADER ‘school leader residency program’ means a school-based prin- cipal or other school leader preparation program in which a prospective principal or other school leader— ‘‘(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evalu- ated in an authentic school setting; and ‘‘(B) during that academic year— ‘‘(i) participates in evidence-based coursework, to the extent the State (in consultation with local edu- cational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and ‘‘(ii) receives ongoing support from a mentor prin- cipal or other school leader, who is effective. TATE .—The term ‘State’ means each of the 50 States, ‘‘(2) S the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘(3) S TATE AUTHORIZER .—The term ‘State authorizer’ means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation academies within the State that— ‘‘(A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in para- graph (4)(A)(i); ‘‘(B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and ‘‘(C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals or other school leaders, respectively

114 S. 1177—114 (as determined by the State), identified in the academy’s authorizing agreement. PRINCIPAL , OR OTHER SCHOOL LEADER , ‘‘(4) T EACHER .—The term ‘teacher, principal, or other PREPARATION ACADEMY school leader preparation academy’ means a public or other nonprofit entity, which may be an institution of higher edu- cation or an organization affiliated with an institution of higher education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high- needs 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, prin- cipals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospec- tive candidate with an effective teacher, principal, or other school leader, as determined by the State, respec- tively, with a demonstrated record of increasing stu- dent academic achievement, including for the sub- groups of students defined in section 1111(c)(2), while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher, principal, or other school leader will become certified or licensed that links to the clinical prepara- tion experience; ‘‘(ii) the number of effective teachers, principals, or other school leaders, respectively, who will dem- onstrate success in increasing student academic achievement that the academy will prepare; and ‘‘(iii) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher edu- cation) to a teacher only after the teacher demonstrates that the teacher is an effective teacher, as determined by the State, with a demonstrated record of increasing student academic achievement either as a student teacher or teacher-of-record on an alternative certifi- cate, license, or credential; ‘‘(iv) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher edu- cation) to a principal or other school leader only after the principal or other school leader demonstrates a record of success in improving student performance; and ‘‘(v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; ‘‘(B) does not have unnecessary restrictions on the methods the academy will use to train prospective teacher, principal, or other school leader candidates, including— ‘‘(i) obligating (or prohibiting) the academy’s fac- ulty to hold advanced degrees or conduct academic research;

115 S. 1177—115 ‘‘(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 rel- evant 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, principal, or other school leader candidates who demonstrate strong potential to improve student academic 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 or degree that the State may, after reviewing the academy’s results in producing effective teachers, or principals, or other school leaders, respectively (as determined by the State) recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, com- pensation, and promotion in the State. ‘‘(5) T .—The term ‘teacher resi- EACHER RESIDENCY PROGRAM dency program’ means a school-based teacher preparation pro- gram in which a prospective teacher— ‘‘(A) for not less than 1 academic year, teaches along- side an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom; ‘‘(B) receives concurrent instruction during the year described in subparagraph (A)— ‘‘(i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and ‘‘(ii) in the teaching of the content area in which the teacher will become certified or licensed; and ‘‘(C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment. ‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) G RANTS TO S TATES AND L OCAL E DUCATIONAL A GENCIES .— For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through 2020. ‘‘(b) N ATIONAL A CTIVITIES .—For the purpose of carrying out part B, there are authorized to be appropriated— ‘‘(1) $468,880,575 for each of fiscal years 2017 and 2018; ‘‘(2) $469,168,000 for fiscal year 2019; and ‘‘(3) $489,168,000 for fiscal year 2020.

116 S. 1177—116 ‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION ‘‘SEC. 2101. FORMULA GRANTS TO STATES. F UNDS .—From the total amount appro- ‘‘(a) R ESERVATION OF priated under section 2003(a) for a fiscal year, the Secretary shall reserve— ‘‘(1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distrib- uted among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and ‘‘(2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. ‘‘(b) S A TATE .— LLOTMENTS OLD HARMLESS ‘‘(1) H .— ISCAL YEARS 2017 THROUGH 2022 .—For each of ‘‘(A) F fiscal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— ‘‘(i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and ‘‘(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by sec- tion 1(a)(1) of Public Law 106–554). ATABLE REDUCTION .—If the funds described in ‘‘(B) R subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. ‘‘(C) P ERCENTAGE REDUCTION .—For each of fiscal years 2017 through 2022, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2016. ‘‘(2) A LLOTMENT OF ADDITIONAL FUNDS .— ‘‘(A) I N GENERAL .—Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— ‘‘(i) for fiscal year 2017— ‘‘(I) an amount that bears the same relation- ship to 35 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the

117 S. 1177—117 number of those individuals in all such States, as so determined; and ‘‘(II) an amount that bears the same relation- ship to 65 percent of the excess amount as the number of individuals aged 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) for fiscal year 2018— ‘‘(I) an amount that bears the same relation- ship to 30 percent of the excess amount as the number of individuals aged 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 relation- ship to 70 percent of the excess amount as the number of individuals aged 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; ‘‘(iii) for fiscal year 2019— ‘‘(I) an amount that bears the same relation- ship to 25 percent of the excess amount as the number of individuals aged 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 relation- ship to 75 percent of the excess amount as the number of individuals aged 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; and ‘‘(iv) for fiscal year 2020— ‘‘(I) an amount that bears the same relation- ship to 20 percent of the excess amount as the number of individuals aged 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 relation- ship to 80 percent of the excess amount as the number of individuals aged 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

118 S. 1177—118 to the number of those individuals in all such States, as so determined. ‘‘(B) E XCEPTION .—No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. ISCAL YEAR 2021 AND SUCCEEDING FISCAL YEARS .— ‘‘(3) F For fiscal year 2021 and each of the succeeding fiscal years— ‘‘(A) the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to each State in accordance with paragraph (2)(A)(iv); and ‘‘(B) the amount appropriated but not reserved shall be treated as the excess amount. EALLOTMENT .—If any State does not apply for an ‘‘(4) R allotment under this subsection for any fiscal year, the Sec- retary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. ‘‘(c) S U F UNDS .— SES OF TATE N GENERAL .—Except as provided under paragraph ‘‘(1) I (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agen- cies for such fiscal year, as described in section 2102. ‘‘(2) S TATE ADMINISTRATION .—A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part. RINCIPALS OR OTHER SCHOOL LEADERS .—Notwith- ‘‘(3) P standing paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under para- graph (1) for one or more of the activities for principals or other school leaders that are described in paragraph (4). TATE ACTIVITIES .— ‘‘(4) S N GENERAL .—The State educational agency for ‘‘(A) I a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for- profit or nonprofit entity, including an institution of higher education. ‘‘(B) T YPES OF STATE ACTIVITIES .—The activities described in this subparagraph are the following: ‘‘(i) Reforming teacher, principal, or other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— ‘‘(I) teachers have the necessary subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to

119 S. 1177—119 help students meet challenging State academic standards; ‘‘(II) principals or other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and ‘‘(III) teacher certification or licensing require- ments are aligned with such challenging State aca- demic standards. ‘‘(ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, or other school leader evaluation and support systems that are based in part on evidence of student academic achieve- ment, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders, such as by— ‘‘(I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; ‘‘(II) developing and providing training to prin- cipals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decision- making about professional development, improve- ment strategies, and personnel decisions; and ‘‘(III) developing a system for auditing the quality of evaluation and support systems. ‘‘(iii) Improving equitable access to effective teachers. ‘‘(iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State experiences a shortage of educators), principals, or other school leaders, for— ‘‘(I) individuals with a baccalaureate or mas- ter’s degree, or other advanced degree; ‘‘(II) mid-career professionals from other occupations; ‘‘(III) paraprofessionals; ‘‘(IV) former military personnel; and ‘‘(V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become effective teachers, principals, or other school leaders. ‘‘(v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, or other school leaders who are effective in improving student academic achievement, including effective teachers from underrepresented minority

120 S. 1177—120 groups and teachers with disabilities, such as through— ‘‘(I) opportunities for effective teachers to lead evidence-based (to the extent the State determines that such evidence is reasonably available) profes- sional development for the peers of such effective teachers; and ‘‘(II) providing training and support for teacher leaders and principals or other school leaders who are recruited as part of instructional leadership teams. ‘‘(vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. ‘‘(vii) Developing, or assisting local educational agencies in developing— ‘‘(I) career opportunities and advancement ini- tiatives that promote professional growth and emphasize multiple career paths, such as instruc- tional coaching and mentoring (including hybrid roles that allow instructional coaching and men- toring while remaining in the classroom), school leadership, and involvement with school improve- ment and support; ‘‘(II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, prin- cipals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and ‘‘(III) new teacher, principal, or other school leader induction and mentoring programs that are, to the extent the State determines that such evi- dence is reasonably available, evidence-based, and designed to— ‘‘(aa) improve classroom instruction and student learning and achievement, including through improving school leadership pro- grams; and ‘‘(bb) increase the retention of effective teachers, principals, or other school leaders. ‘‘(viii) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards. ‘‘(ix) Supporting efforts to train teachers, prin- cipals, or other school leaders to effectively integrate technology into curricula and instruction, which may include training to assist teachers in implementing blended learning (as defined in section 4102(1)) projects.

121 S. 1177—121 ‘‘(x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part. ‘‘(xi) Reforming or improving teacher, principal, or other school leader preparation programs, such as through establishing teacher residency programs and school leader residency programs. ‘‘(xii) Establishing or expanding teacher, principal, or other school leader preparation academies, with an amount of the funds described in subparagraph (A) that is not more than 2 percent of the State’s allotment, if— ‘‘(I) allowable under State law; ‘‘(II) the State enables candidates attending a teacher, principal, or other school leader prepara- tion academy to be eligible for State financial aid to the same extent as participants in other State- approved teacher or principal preparation pro- grams, including alternative certification, licen- sure, or credential programs; and ‘‘(III) the State enables teachers, principals, or other school leaders who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher, principal, or other school leader preparation academy. ‘‘(xiii) Supporting the instructional services pro- vided by effective school library programs. ‘‘(xiv) Developing, or assisting local educational agencies in developing, strategies that provide teachers, principals, or other school leaders with the skills, credentials, or certifications needed to educate all students in postsecondary education coursework through early college high school or dual or concurrent enrollment programs. ‘‘(xv) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and para- professionals, regarding how to prevent and recognize child sexual abuse. ‘‘(xvi) Supporting opportunities for principals, other school leaders, teachers, paraprofessionals, early childhood education program directors, and other early childhood education program providers to participate in joint efforts to address the transition to elementary school, including issues related to school readiness. ‘‘(xvii) Developing and providing professional development and other comprehensive systems of sup- port for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science. ‘‘(xviii) Supporting the professional development and improving the instructional strategies of teachers, principals, or other school leaders to integrate career and technical education content into academic instruc- tional practices, which may include training on best

122 S. 1177—122 practices to understand State and regional workforce needs and transitions to postsecondary education and the workforce. ‘‘(xix) Enabling States, as a consortium, to volun- tarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing addi- tional licensure or certification requirements, except that nothing in this clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification requirements. ‘‘(xx) Supporting and developing efforts to train teachers on the appropriate use of student data to ensure that individual student privacy is protected as required by section 444 of the General Education Provi- sions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g) and in accordance with State student privacy laws and local educational agency student privacy and tech- nology use policies. ‘‘(xxi) Supporting other activities identified by the State that are, to the extent the State determines that such evidence is reasonably available, evidence- based and that meet the purpose of this title. TATE A PPLICATION .— ‘‘(d) S ‘‘(1) I N GENERAL .—In order to receive an allotment under this section for any fiscal year, a State shall submit an applica- tion to the Secretary at such time and in such manner as the Secretary may reasonably require. .—Each application described under para- ONTENTS ‘‘(2) C graph (1) shall include the following: ‘‘(A) A description of how the State educational agency will use funds received under this title for State-level activi- ties described in subsection (c). ‘‘(B) A description of the State’s system of certification and licensing of teachers, principals, or other school leaders. ‘‘(C) A description of how activities under this part are aligned with challenging State academic standards. ‘‘(D) A description of how the activities carried out with funds under this part are expected to improve student achievement. ‘‘(E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, consistent with section 1111(g)(1)(B), a descrip- tion of how such funds will be used for such purpose. ‘‘(F) If applicable, a description of how the State edu- cational agency will work with local educational agencies in the State to develop or implement State or local teacher, principal, or other school leader evaluation and support systems that meet the requirements of subsection (c)(4)(B)(ii). ‘‘(G) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.

123 S. 1177—123 ‘‘(H) An assurance that the State educational agency will work in consultation with the entity responsible for teacher, principal, or other school leader professional stand- ards, certification, and licensing for the State, and encour- age collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. ‘‘(I) An assurance that the State educational agency will comply with section 8501 (regarding participation by private school children and teachers). ‘‘(J) A description of how the State educational agency will improve the skills of teachers, principals, or other school leaders in order to enable them to identify students with specific learning needs, particularly children with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students. ‘‘(K) A description of how the State will use data and ongoing consultation as described in paragraph (3) to continually update and improve the activities supported under this part. ‘‘(L) A description of how the State educational agency will encourage opportunities for increased autonomy and flexibility for teachers, principals, or other school leaders, such as by establishing innovation schools that have a high degree of autonomy over budget and operations, are transparent and accountable to the public, and lead to improved academic outcomes for students. ‘‘(M) A description of actions the State may take to improve preparation programs and strengthen support for teachers, principals, or other school leaders based on the needs of the State, as identified by the State educational agency. ‘‘(3) C .—In developing the State application ONSULTATION under this subsection, a State shall— ‘‘(A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organiza- tions representing such individuals), specialized instruc- tional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with relevant and dem- onstrated expertise in programs and activities designed to meet the purpose of this title; ‘‘(B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State’s activities to meet the purpose of this title; and ‘‘(C) coordinate the State’s activities under this part with other related strategies, programs, and activities being conducted in the State. ‘‘(4) L IMITATION .—Consultation required under paragraph (3) shall not interfere with the timely submission of the applica- tion required under this section. ‘‘(e) P ROHIBITION .—Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following:

124 S. 1177—124 ‘‘(1) The development, improvement, or implementation of elements of any teacher, principal, or other school leader evaluation system. ‘‘(2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. ‘‘(3) Any teacher, principal, or other school leader profes- sional standards, certification, or licensing. ‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. F UNDS TO L ‘‘(a) A E DUCATIONAL A GEN - LLOCATION OF OCAL .— CIES N GENERAL ‘‘(1) I .—From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in para- graph (2). ‘‘(2) A LLOCATION FORMULA .—From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— ‘‘(A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and ‘‘(B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. ULE OF CONSTRUCTION .—Nothing in this section shall ‘‘(3) R be construed to prohibit a consortium of local educational agen- cies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an edu- cational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section. ‘‘(b) L OCAL PPLICATIONS .— A ‘‘(1) I N GENERAL .—To be eligible to receive a subgrant under this section, a local educational agency shall submit an applica- tion to the State educational agency at such time, in such manner, and containing such information as the State edu- cational agency may reasonably require. ‘‘(2) C ONTENTS OF APPLICATION .—Each application sub- mitted under paragraph (1) shall include the following: ‘‘(A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State academic standards.

125 S. 1177—125 ‘‘(B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teachers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop meaningful teacher leadership. ‘‘(C) A description of how the local educational agency will prioritize funds to schools served by the agency that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) and have the highest percentage of children counted under section 1124(c). ‘‘(D) A description of how the local educational agency will use data and ongoing consultation described in para- graph (3) to continually update and improve activities sup- ported under this part. ‘‘(E) An assurance that the local educational agency will comply with section 8501 (regarding participation by private school children and teachers). ‘‘(F) An assurance that the local educational agency will coordinate professional development activities author- ized under this part with professional development activi- ties provided through other Federal, State, and local pro- grams. ‘‘(3) C .—In developing the application ONSULTATION described in paragraph (2), a local educational agency shall— ‘‘(A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organiza- tions representing such individuals), specialized instruc- tional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; ‘‘(B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to improve the local educational agency’s activities to meet the purpose of this title; and ‘‘(C) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. ‘‘(4) L IMITATION .—Consultation required under paragraph (3) shall not interfere with the timely submission of the applica- tion required under this section. ‘‘SEC. 2103. LOCAL USES OF FUNDS. ‘‘(a) I G ENERAL .—A local educational agency that receives N a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate com- prehensive programs and activities described in subsection (b), which may be carried out— ‘‘(1) through a grant or contract with a for-profit or non- profit entity; or ‘‘(2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

126 S. 1177—126 ‘‘(b) T OF A CTIVITIES .—The programs and activities YPES described in this subsection— ‘‘(1) shall be in accordance with the purpose of this title; ‘‘(2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and ‘‘(3) may include, among other programs and activities— ‘‘(A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, prin- cipals, or other school leaders that— ‘‘(i) is based in part on evidence of student achieve- ment, which may include student growth; and ‘‘(ii) shall include multiple measures of educator performance and provide clear, timely, and useful feed- back to teachers, principals, or other school leaders; ‘‘(B) developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards, to improve within-district equity in the distribution of teachers, consistent with section 1111(g)(1)(B), such as ini- tiatives that provide— ‘‘(i) expert help in screening candidates and enabling early hiring; ‘‘(ii) differential and incentive pay for teachers, principals, or other school leaders in high-need aca- demic subject areas and specialty areas, which may include performance-based pay systems; ‘‘(iii) teacher, paraprofessional, principal, or other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths, and pay differentiation; ‘‘(iv) new teacher, principal, or other school leader induction and mentoring programs that are designed to— ‘‘(I) improve classroom instruction and student learning and achievement; and ‘‘(II) increase the retention of effective teachers, principals, or other school leaders; ‘‘(v) the development and provision of training for school leaders, coaches, mentors, and evaluators on how accurately to differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and ‘‘(vi) a system for auditing the quality of evaluation and support systems; ‘‘(C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders, including mid-career professionals from other occupations, former military personnel, and recent graduates of institu- tions of higher education with records of academic distinc- tion who demonstrate potential to become effective teachers, principals, or other school leaders; ‘‘(D) reducing class size to a level that is evidence- based, to the extent the State (in consultation with local

127 S. 1177—127 educational agencies in the State) determines that such evidence is reasonably available, to improve student achievement through the recruiting and hiring of additional effective teachers; ‘‘(E) providing high-quality, personalized professional development that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably avail- able, for teachers, instructional leadership teams, prin- cipals, or other school leaders, that is focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, or other school leaders to— ‘‘(i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy); ‘‘(ii) use data to improve student achievement and understand how to ensure individual student privacy is protected, as required under section 444 of the Gen- eral Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g) and State and local policies and laws in the use of such data; ‘‘(iii) effectively engage parents, families, and community partners, and coordinate services between school and community; ‘‘(iv) help all students develop the skills essential for learning readiness and academic success; ‘‘(v) develop policy with school, local educational agency, community, or State leaders; and ‘‘(vi) participate in opportunities for experiential learning through observation; ‘‘(F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, so that such children with disabilities and English learners can meet the challenging State academic standards; ‘‘(G) providing programs and activities to increase— ‘‘(i) the knowledge base of teachers, principals, or other school leaders on instruction in the early grades and on strategies to measure whether young children are progressing; and ‘‘(ii) the ability of principals or other school leaders to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that address the transition to elementary school; ‘‘(H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers, principals, or other school leaders with selecting

128 S. 1177—128 and implementing formative assessments, designing class- room-based assessments, and using data from such assess- ments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appro- priate; ‘‘(I) carrying out in-service training for school personnel in— ‘‘(i) the techniques and supports needed to help educators understand when and how to refer students affected by trauma, and children with, or at risk of, mental illness; ‘‘(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and inter- vention services in the school and in the community, where appropriate; ‘‘(iii) forming partnerships between school-based mental health programs and public or private mental health organizations; and ‘‘(iv) addressing issues related to school conditions for student learning, such as safety, peer interaction, drug and alcohol abuse, and chronic absenteeism; ‘‘(J) providing training to support the identification of students who are gifted and talented, including high- ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as— ‘‘(i) early entrance to kindergarten; ‘‘(ii) enrichment, acceleration, and curriculum com- pacting activities; and ‘‘(iii) dual or concurrent enrollment programs in secondary school and postsecondary education; ‘‘(K) supporting the instructional services provided by effective school library programs; ‘‘(L) providing training for all school personnel, including teachers, principals, other school leaders, special- ized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse; ‘‘(M) developing and providing professional develop- ment and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science; ‘‘(N) developing feedback mechanisms to improve school working conditions, including through periodically and pub- licly reporting results of educator support and working conditions feedback; ‘‘(O) providing high-quality professional development for teachers, principals, or other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning (if appro- priate), which may include providing common planning time, to help prepare students for postsecondary education and the workforce; and

129 S. 1177—129 ‘‘(P) carrying out other activities that are evidence- based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, and identified by the local educational agency that meet the purpose of this title. ‘‘SEC. 2104. REPORTING. ‘‘(a) S R EPORT .—Each State educational agency receiving TATE funds under this part shall annually submit to the Secretary a report that provides— ‘‘(1) a description of how the State is using grant funds received under this part to meet the purpose of this title, and how such chosen activities improved teacher, principal, or other school leader effectiveness, as determined by the State or local educational agency; ‘‘(2) if funds are used under this part to improve equitable access to teachers for low-income and minority students, con- sistent with section 1111(g)(1)(B), a description of how funds have been used to improve such access; ‘‘(3) for a State that implements a teacher, principal, or other school leader evaluation and support system, consistent with section 2101(c)(4)(B)(ii), using funds under this part, the evaluation results of teachers, principals, or other school leaders, except that such information shall not provide person- ally identifiable information on individual teachers, principals, or other school leaders; and ‘‘(4) where available, the annual retention rates of effective and ineffective teachers, principals, or other school leaders, using any methods or criteria the State has or develops under section 1111(g)(2)(A), except that nothing in this paragraph shall be construed to require any State educational agency or local educational agency to collect and report any data the State educational agency or local educational agency is not collecting or reporting as of the day before the date of enactment of the Every Student Succeeds Act. ‘‘(b) L E DUCATIONAL A GENCY R OCAL .—Each local edu- EPORT cational agency receiving funds under this part shall submit to the State educational agency such information as the State requires, which shall include the information described in subsection (a) for the local educational agency. ‘‘(c) A VAILABILITY .—The reports and information provided under subsections (a) and (b) shall be made readily available to the public. IMITATION .—The reports and information provided under ‘‘(d) L subsections (a) and (b) shall not reveal personally identifiable information about any individual. ‘‘PART B—NATIONAL ACTIVITIES ‘‘SEC. 2201. RESERVATIONS. ‘‘From the amounts appropriated under section 2003(b) for a fiscal year, the Secretary shall reserve— ‘‘(1) to carry out activities authorized under subpart 1— ‘‘(A) 49.1 percent for each of fiscal years 2017 through 2019; and ‘‘(B) 47 percent for fiscal year 2020; ‘‘(2) to carry out activities authorized under subpart 2—

130 S. 1177—130 ‘‘(A) 34.1 percent for each of fiscal years 2017 through 2019; and ‘‘(B) 36.8 percent for fiscal year 2020; ‘‘(3) to carry out activities authorized under subpart 3, 1.4 percent for each of fiscal years 2017 through 2020; and ‘‘(4) to carry out activities authorized under subpart 4— ‘‘(A) 15.4 percent for each of fiscal years 2017 through 2019; and ‘‘(B) 14.8 percent for fiscal year 2020. ‘‘Subpart 1—Teacher and School Leader Incentive Program ‘‘SEC. 2211. PURPOSES; DEFINITIONS. .—The purposes of this subpart are— ‘‘(a) P URPOSES ‘‘(1) to assist States, local educational agencies, and non- profit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders (especially for teachers, principals, or other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and ‘‘(2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. ‘‘(b) D EFINITIONS .—In this subpart: ‘‘(1) E LIGIBLE ENTITY .—The term ‘eligible entity’ means— ‘‘(A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; ‘‘(B) a State educational agency or other State agency designated by the chief executive of a State to participate under this subpart; ‘‘(C) the Bureau of Indian Education; or ‘‘(D) a partnership consisting of— ‘‘(i) 1 or more agencies described in subparagraph (A), (B), or (C); and ‘‘(ii) at least 1 nonprofit or for-profit entity. IGH - .—The term ‘high-need school’ NEED SCHOOL ‘‘(2) H means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. ‘‘(3) H UMAN CAPITAL MANAGEMENT SYSTEM .—The term ‘human capital management system’ means a system— ‘‘(A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dis- missal, compensation, professional development, tenure, and promotion; and ‘‘(B) that includes a performance-based compensation system. ‘‘(4) P ERFORMANCE - BASED COMPENSATION SYSTEM .—The term ‘performance-based compensation system’ means a system

131 S. 1177—131 of compensation for teachers, principals, or other school leaders— ‘‘(A) that differentiates levels of compensation based in part on measurable increases in student academic achievement; and ‘‘(B) which may include— ‘‘(i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, prin- cipals, or other school leaders in hard-to-staff schools or high-need subject areas; and ‘‘(ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as dem- onstrated through— ‘‘(I) successful fulfillment of additional respon- sibilities or job functions, such as teacher leader- ship roles; and ‘‘(II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills. ‘‘SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS. RANTS A UTHORIZED .—From the amounts reserved by the ‘‘(a) G Secretary under section 2201(1), the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance- based compensation systems or human capital management sys- tems, in schools served by the eligible entity. .— URATION OF G RANTS ‘‘(b) D .—A grant awarded under this subpart N GENERAL ‘‘(1) I shall be for a period of not more than 3 years. .—The Secretary may renew a grant awarded ENEWAL ‘‘(2) R under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allowing the grantee to scale up or replicate the successful program. IMITATION .—A local educational agency may receive ‘‘(3) L (whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every Student Succeeds Act, only twice. ‘‘(c) A PPLICATIONS .—An eligible entity desiring 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. The application shall include— ‘‘(1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant; ‘‘(2) a description of the most significant gaps or insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator sup- port systems, and other school-level factors;

132 S. 1177—132 ‘‘(3) a description and evidence of the support and commit- ment from teachers, principals, or other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant; ‘‘(4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, or other school leader performance under the system that is based in part on meas- ures of student academic achievement, including the baseline performance against which evaluations of improved perform- ance will be made; ‘‘(5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; ‘‘(6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effectiveness of teachers, principals, or other school leaders in such schools; ‘‘(7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for implementation of such activities; ‘‘(8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; ‘‘(9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant after the end of the grant period; ‘‘(10) a description of— ‘‘(A) the rationale for the project; ‘‘(B) how the proposed activities are evidence-based; and ‘‘(C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and ‘‘(11) a description of how activities funded under this subpart will be evaluated, monitored, and publically reported. ‘‘(d) A WARD B ASIS .— ‘‘(1) P .—In awarding a grant under this subpart, RIORITY the Secretary shall give priority to an eligible entity that con- centrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high- need schools. ‘‘(2) E QUITABLE DISTRIBUTION .—To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this subpart, including the distribution of such grants between rural and urban areas. ‘‘(e) U SE OF F UNDS .— ‘‘(1) I N GENERAL .—An eligible entity that receives a grant under this subpart shall use the grant funds to develop, imple- ment, improve, or expand, in collaboration with teachers, prin- cipals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart.

133 S. 1177—133 ‘‘(2) A .—Grant funds under this sub- UTHORIZED ACTIVITIES part may be used for one or more of the following: ‘‘(A) Developing or improving an evaluation and sup- port system, including as part of a human capital manage- ment system as applicable, that— ‘‘(i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on demonstrated improvement in student aca- demic achievement; and ‘‘(ii) provides teachers, principals, or other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. ‘‘(B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and support system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders. ‘‘(C) Providing principals or other school leaders with— ‘‘(i) balanced autonomy to make budgeting, sched- uling, and other school-level decisions in a manner that meets the needs of the school without compro- mising the intent or essential components of the poli- cies of the local educational agency or State; and ‘‘(ii) authority to make staffing decisions that meet the needs of the school, such as building an instruc- tional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together. ‘‘(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to— ‘‘(i) teachers who— ‘‘(I) teach in— ‘‘(aa) high-need schools; or ‘‘(bb) high-need subjects; ‘‘(II) raise student academic achievement; or ‘‘(III) take on additional leadership responsibil- ities; or ‘‘(ii) principals or other school leaders who serve in high-need schools and raise student academic achievement in the schools. ‘‘(E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers, principals, or other school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— ‘‘(i) attracting, hiring, and retaining effective edu- cators; ‘‘(ii) offering bonuses or higher salaries to effective educators; or

134 S. 1177—134 ‘‘(iii) establishing or strengthening school leader residency programs and teacher residency programs. ‘‘(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders. R EQUIREMENT ‘‘(f) M ATCHING .—Each eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. ‘‘(g) S , N OT UPPLEMENT UPPLANT .—Grant funds provided under S this subpart shall be used to supplement, not supplant, other Fed- eral or State funds available to carry out activities described in this subpart. ‘‘SEC. 2213. REPORTS. CTIVITIES S UMMARY .—Each eligible entity receiving a ‘‘(a) A grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant. ‘‘(b) R EPORT .—The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this subpart, including— ‘‘(1) information on eligible entities that received grant funds under this subpart, including— ‘‘(A) information provided by eligible entities to the Secretary in the applications submitted under section 2212(c); ‘‘(B) the summaries received under subsection (a); and ‘‘(C) grant award amounts; and ‘‘(2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant. ‘‘(c) E T VALUATION AND A SSISTANCE .— ECHNICAL ‘‘(1) R ESERVATION OF FUNDS .—Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart. ‘‘(2) E VALUATION .—From amounts reserved under para- graph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this subpart. ‘‘(3) C ONTENTS .—The evaluation under paragraph (2) shall measure— ‘‘(A) the effectiveness of the program in improving stu- dent academic achievement; ‘‘(B) the satisfaction of the participating teachers, prin- cipals, or other school leaders; and ‘‘(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in high-need subject areas.

135 S. 1177—135 ‘‘Subpart 2—Literacy Education for All, Results for the Nation ‘‘SEC. 2221. PURPOSES; DEFINITIONS. .—The purposes of this subpart are— ‘‘(a) P URPOSES ‘‘(1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effec- tive strategies in reading and writing from early education through grade 12; and ‘‘(2) for States to provide targeted subgrants to early child- hood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehensive literacy instruction for students most in need. .—In this subpart: EFINITIONS ‘‘(b) D ‘‘(1) C OMPREHENSIVE LITERACY INSTRUCTION .—The term ‘comprehensive literacy instruction’ means instruction that— ‘‘(A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; ‘‘(B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; ‘‘(C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feed- back from instructional staff; ‘‘(D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; ‘‘(E) uses differentiated instructional approaches, including individual and small group instruction and discussion; ‘‘(F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; ‘‘(G) includes frequent practice of reading and writing strategies; ‘‘(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; ‘‘(I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; ‘‘(J) incorporates the principles of universal design for learning; ‘‘(K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on contin- uous professional learning; and

136 S. 1177—136 ‘‘(L) links literacy instruction to the challenging State academic standards, including the ability to navigate, understand, and write about, complex print and digital subject matter. .—The term ‘eligible entity’ means an ‘‘(2) E LIGIBLE ENTITY entity that consists of— ‘‘(A) one or more local educational agencies that serve a high percentage of high-need schools and— ‘‘(i) have the highest number or proportion of chil- dren who are counted under section 1124(c), in comparison to other local educational agencies in the State; ‘‘(ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assess- ment data under section 1111(b)(2); or ‘‘(iii) serve a significant number or percentage of schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d); ‘‘(B) one or more early childhood education programs serving low-income or otherwise disadvantaged children, which may include home-based literacy programs for pre- school-aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or ‘‘(C) a local educational agency, described in subpara- graph (A), or consortium of such local educational agencies, or an early childhood education program, which may include home-based literacy programs for preschool-aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include early childhood education programs) that have a demonstrated record of effectiveness in— ‘‘(i) improving literacy achievement of children, consistent with the purposes of participation under this subpart, from birth through grade 12; and ‘‘(ii) providing professional development in com- prehensive literacy instruction. ‘‘(3) H - IGH .— NEED SCHOOL ‘‘(A) I N GENERAL .—The term ‘high-need school’ means— ‘‘(i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or ‘‘(ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. ‘‘(B) L OW - INCOME FAMILY .—For purposes of subpara- graph (A), the term ‘low-income family’ means a family— ‘‘(i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ‘‘(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV

137 S. 1177—137 of the Social Security Act (42 U.S.C. 601 et seq.); or ‘‘(iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ‘‘SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS. A UTHORIZED .—From the amounts reserved by the ‘‘(a) G RANTS Secretary under section 2201(2) and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to— ‘‘(1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of children from low-income families; and ‘‘(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strate- gies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities. ‘‘(b) R .—From the amounts reserved to carry out ESERVATION this subpart for a fiscal year, the Secretary shall reserve— ‘‘(1) not more than a total of 5 percent for national activi- ties, including a national evaluation, technical assistance and training, data collection, and reporting; ‘‘(2) one half of 1 percent for the Secretary of the Interior to carry out a program described in this subpart at schools operated or funded by the Bureau of Indian Education; and ‘‘(3) one half of 1 percent for the outlying areas to carry out a program under this subpart. ‘‘(c) D G RANTS .—A grant awarded under this sub- URATION OF part shall be for a period of not more than 5 years total. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— ‘‘(1) the State has made adequate progress; and ‘‘(2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d). .— TATE A PPLICATIONS ‘‘(d) S ‘‘(1) I N GENERAL .—A State educational agency desiring a grant under this subpart shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early child- hood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection. ‘‘(2) C ONTENTS .—An application described in paragraph (1) shall include, at a minimum, the following: ‘‘(A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local edu- cational agencies that serve high-need schools, including

138 S. 1177—138 identifying the most significant gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the subgroups of students, as defined in section 1111(c)(2). ‘‘(B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State com- prehensive literacy instruction plan. ‘‘(C) An implementation plan that includes a descrip- tion of how the State educational agency will carry out the State activities described in subsection (f). ‘‘(D) An assurance that the State educational agency will use implementation grant funds described in sub- section (f)(1) for comprehensive literacy instruction pro- grams as follows: ‘‘(i) Not less than 15 percent of such grant funds shall be used for State and local programs and activi- ties pertaining to children from birth through kinder- garten entry. ‘‘(ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activi- ties, allocated equitably among the grades of kinder- garten through grade 5. ‘‘(iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activi- ties, allocated equitably among grades 6 through 12. ‘‘(E) An assurance that the State educational agency will give priority in awarding a subgrant under section 2223 to an eligible entity that— ‘‘(i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or ‘‘(ii) is a local educational agency serving a high number or percentage of high-need schools. ‘‘(e) P .—In awarding grants under this section, the Sec- RIORITY retary shall give priority to State educational agencies that will use the grant funds for evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). ‘‘(f) S TATE CTIVITIES .— A ‘‘(1) I N GENERAL .—A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process. ‘‘(2) R ESERVATION .—A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and com- prehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities: ‘‘(A) Providing technical assistance, or engaging quali- fied providers to provide technical assistance, to eligible entities to enable the eligible entities to design and imple- ment literacy programs. ‘‘(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen

139 S. 1177—139 and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based lit- eracy methods. ‘‘(C) Reviewing and updating, in collaboration with teachers and institutions of higher education, State licen- sure or certification standards in the area of literacy instruction in early education through grade 12. ‘‘(D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achieve- ment. ‘‘(E) Administering and monitoring the implementation of subgrants by eligible entities. DDITIONAL USES .—After carrying out the activities ‘‘(3) A described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities: ‘‘(A) Developing literacy coach training programs and training literacy coaches. ‘‘(B) Administration and evaluation of activities carried out under this subpart. ‘‘SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH KINDERGARTEN ENTRY LITERACY. UBGRANTS ‘‘(a) S .— N GENERAL .—A State educational agency receiving ‘‘(1) I a grant under this subpart shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Edu- cation and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a portion of the grant funds, in accord- ance with section 2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible enti- ties to support high-quality early literacy initiatives for children from birth through kindergarten entry. ‘‘(2) D .—The term of a subgrant under this section URATION shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. ‘‘(3) S UFFICIENT SIZE AND SCOPE .—Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initia- tives for children from birth through kindergarten entry. ‘‘(b) L OCAL A PPLICATIONS .—An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and con- taining such information as the State educational agency may require. Such application shall include a description of— ‘‘(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early child- hood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;

140 S. 1177—140 ‘‘(2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, including through high-quality professional development; ‘‘(3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; and ‘‘(4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of chil- dren from birth through kindergarten entry. .—In awarding grants under this section, the State ‘‘(c) P RIORITY educational agency shall give priority to an eligible entity that will use the grant funds to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). ‘‘(d) L U OCAL F UNDS .—An eligible entity that receives SES OF a subgrant under this section shall use the subgrant funds, con- sistent with the entity’s approved application under subsection (b), to— ‘‘(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; ‘‘(2) train providers and personnel to develop and admin- ister evidence-based early childhood education literacy initia- tives; and ‘‘(3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant. ‘‘SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN THROUGH GRADE 12 LITERACY. UBGRANTS TO LIGIBLE E NTITIES .— E ‘‘(a) S UBGRANTS .—A State educational agency receiving a ‘‘(1) S grant under this subpart shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (c) and (d). ‘‘(2) D URATION .—The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. ‘‘(3) S UFFICIENT SIZE AND SCOPE .—A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high- quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided. ‘‘(4) L OCAL APPLICATIONS .—An eligible entity desiring to receive a subgrant under this section shall submit an applica- tion to the State educational agency at such time, in such manner, and containing such information as the State edu- cational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following informa- tion:

141 S. 1177—141 ‘‘(A) A description of the eligible entity’s needs assess- ment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruc- tion at the school. ‘‘(B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school. ‘‘(C) How the school will identify children in need of literacy interventions or other support services. ‘‘(D) An explanation of how the school will integrate comprehensive literacy instruction into a well-rounded edu- cation. ‘‘(E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education programs and activities and after-school pro- grams and activities in the area served by the local edu- cational agency. RIORITY .—In awarding grants under this section, the State ‘‘(b) P educational agency shall give priority to an eligible entity that will use funds under subsection (c) or (d) to implement evidence- based activities, defined for the purpose of this subsection as activi- ties meeting the requirements of section 8101(21)(A)(i). OCAL U SES OF F UNDS FOR K INDERGARTEN T HROUGH G RADE ‘‘(c) L 5.—An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: ‘‘(1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— ‘‘(A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; ‘‘(B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and ‘‘(C) supports activities that are provided primarily during the regular school day but that may be augmented by after-school and out-of-school time instruction. ‘‘(2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), prin- cipals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other pro- gram staff. ‘‘(3) Training principals, specialized instructional support personnel, and other local educational agency personnel to sup- port, develop, administer, and evaluate high-quality kinder- garten through grade 5 literacy initiatives. ‘‘(4) Coordinating the involvement of early childhood edu- cation program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate)

142 S. 1177—142 in the literacy development of children served under this sub- section. ‘‘(5) Engaging families and encouraging family literacy experiences and practices to support literacy development. HROUGH U F UNDS FOR G ‘‘(d) L 6 T SES OF 12.— OCAL RADES An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: ‘‘(1) Developing and implementing a comprehensive literacy instruction plan described in subsection (c)(1) for children in grades 6 through 12. ‘‘(2) Training principals, specialized instructional support personnel, school librarians, and other local educational agency personnel to support, develop, administer, and evaluate high- quality comprehensive literacy instruction initiatives for grades 6 through 12. ‘‘(3) Assessing the quality of adolescent comprehensive lit- eracy instruction as part of a well-rounded education. ‘‘(4) Providing time for teachers to meet to plan evidence- based adolescent comprehensive literacy instruction to be deliv- ered as part of a well-rounded education. ‘‘(5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofes- sionals, special educators, specialized instructional support per- sonnel (as appropriate), and school personnel in the literacy development of children served under this subsection. ‘‘(e) A LLOWABLE SES .—An eligible entity that receives a U subgrant under this section may, in addition to carrying out the activities described in subsections (c) and (d), use subgrant funds to carry out the following activities pertaining to children in kinder- garten through grade 12: ‘‘(1) Recruiting, placing, training, and compensating literacy coaches. ‘‘(2) Connecting out-of-school learning opportunities to in- school learning in order to improve children’s literacy achieve- ment. ‘‘(3) Training families and caregivers to support the improvement of adolescent literacy. ‘‘(4) Providing for a multi-tier system of supports for literacy services. ‘‘(5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the lit- eracy initiatives in 1 or more schools to ensure success. ‘‘(6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instruc- tional support personnel) to meet to plan comprehensive literacy instruction. ‘‘SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINA- TION. ‘‘(a) N ATIONAL E VALUATION .—From funds reserved under sec- tion 2222(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic proce- dures to obtain valid knowledge relevant to the implementation

143 S. 1177—143 and effect of the programs and shall directly coordinate with indi- vidual State evaluations of the programs’ implementation and impact. I MPROVEMENT .—The Secretary shall— ROGRAM ‘‘(b) P ‘‘(1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipi- ents for use in program improvement; ‘‘(2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; ‘‘(3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Com- mittee on Education and the Workforce of the House of Rep- resentatives; and ‘‘(4) make publicly available, in a manner consistent with paragraph (2), best practices for implementing evidence-based activities under this subpart, including evidence-based activi- ties, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). ‘‘SEC. 2226. INNOVATIVE APPROACHES TO LITERACY. N G ENERAL ‘‘(a) I .—From amounts reserved under section 2201(2), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the pur- poses of promoting literacy programs that support the development of literacy skills in low-income communities, including— ‘‘(1) developing and enhancing effective school library pro- grams, which may include providing professional development for school librarians, books, and up-to-date materials to high- need schools; ‘‘(2) early literacy services, including pediatric literacy pro- grams through which, during well-child visits, medical pro- viders trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and ‘‘(3) programs that provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency. ‘‘(b) D EFINITIONS .—In this section: LIGIBLE ENTITY .—The term ‘eligible entity’ means— ‘‘(1) E ‘‘(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; ‘‘(B) a consortium of such local educational agencies; ‘‘(C) the Bureau of Indian Education; or ‘‘(D) an eligible national nonprofit organization. ‘‘(2) E LIGIBLE NATIONAL NONPROFIT ORGANIZATION .—The term ‘eligible national nonprofit organization’ means an organization of national scope that— ‘‘(A) is supported by staff, which may include volun- teers, or affiliates at the State and local levels; and ‘‘(B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the popu- lation targeted by the grant.

144 S. 1177—144 ‘‘Subpart 3—American History and Civics Education ‘‘SEC. 2231. PROGRAM AUTHORIZED. G ENERAL .—From the amount reserved by the Secretary ‘‘(a) I N under section 2201(3), the Secretary is authorized to carry out an American history and civics education program to improve— ‘‘(1) the quality of American history, civics, and government education by educating students about the history and prin- ciples of the Constitution of the United States, including the Bill of Rights; and ‘‘(2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history. ‘‘(b) F A LLOTMENT UNDING .—Of the amount available under sub- section (a) for a fiscal year, the Secretary— ‘‘(1) shall reserve not less than 26 percent for activities under section 2232; and ‘‘(2) may reserve not more than 74 percent for activities under section 2233. ‘‘SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN HISTORY AND CIVICS. N G ‘‘(a) I .—From the amounts reserved under section ENERAL 2231(b)(1) for a fiscal year, the Secretary shall award not more than 12 grants, on a competitive basis, to— ‘‘(1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the ‘Presidential Academies’) in accordance with subsection (e); and ‘‘(2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the ‘Congressional Academies’) in accordance with subsection (f). ‘‘(b) A .—An eligible entity that desires to receive PPLICATION a grant under subsection (a) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. ‘‘(c) E E LIGIBLE .—The term ‘eligible entity’ under this NTITY section means— ‘‘(1) an institution of higher education or nonprofit edu- cational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or ‘‘(2) a consortium of entities described in paragraph (1). ‘‘(d) G RANT ERMS .—Grants awarded to eligible entities under T subsection (a) shall be for a term of not more than 5 years. ‘‘(e) P RESIDENTIAL A CADEMIES .— ‘‘(1) U SE OF FUNDS .—Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— ‘‘(A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics;

145 S. 1177—145 ‘‘(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; ‘‘(C) is conducted during the summer or other appro- priate time; and ‘‘(D) is of not less than 2 weeks and not more than 6 weeks in duration. ‘‘(2) S ELECTION OF TEACHERS .—Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1). EACHER STIPENDS .—Each teacher selected to partici- ‘‘(3) T pate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute. .—In awarding grants under subsection (a)(1), RIORITY ‘‘(4) P the Secretary shall give priority to eligible entities that coordi- nate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks. ‘‘(f) C ONGRESSIONAL A CADEMIES .— .—Each eligible entity that receives a SE OF FUNDS ‘‘(1) U grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which— ‘‘(A) broadens and deepens such students’ under- standing of American history and civics; ‘‘(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; ‘‘(C) is conducted during the summer or other appro- priate time; and ‘‘(D) is of not less than 2 weeks and not more than 6 weeks in duration. ‘‘(2) S ELECTION OF STUDENTS .— ‘‘(A) I N GENERAL .—Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1). ‘‘(B) E LIGIBLE STUDENTS .—A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student— ‘‘(i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and ‘‘(ii) will be a secondary school junior or senior in the academic year following attendance at the sem- inar or institute. ‘‘(3) S TUDENT STIPENDS .—Each student selected to partici- pate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal

146 S. 1177—146 costs associated with the student’s participation in the seminar or institute. ‘‘(g) M UNDS .— ATCHING F .—An eligible entity that receives funds N GENERAL ‘‘(1) I under subsection (a) shall provide, toward the cost of the activi- ties assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. .—The Secretary may waive all or part of the ‘‘(2) W AIVER matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f). ‘‘SEC. 2233. NATIONAL ACTIVITIES. URPOSE ‘‘(a) P .—The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruc- tion, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations. ‘‘(b) I N G .—From the amounts reserved by the Secretary ENERAL under section 2231(b)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating, and disseminating for vol- untary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography, which— ‘‘(1) shall— ‘‘(A) show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; and ‘‘(B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and ‘‘(2) may include— ‘‘(A) hands-on civic engagement activities for teachers and students; and ‘‘(B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights. ‘‘(c) P ROGRAM P ERIODS AND D IVERSITY OF P ROJECTS .— ‘‘(1) I N GENERAL .—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. ‘‘(2) R ENEWAL .—The Secretary may renew a grant awarded under this section for 1 additional 2-year period. ‘‘(3) D IVERSITY OF PROJECTS .—In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, subur- ban, and rural areas. ‘‘(d) A PPLICATIONS .—In order to receive a grant under this section, an eligible entity shall submit an application to the Sec- retary at such time and in such manner as the Secretary may reasonably require.

147 S. 1177—147 ‘‘(e) E E NTITY .—In this section, the term ‘eligible entity’ LIGIBLE means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the develop- ment of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geog- raphy learning and teaching. ‘‘Subpart 4—Programs of National Significance ‘‘SEC. 2241. FUNDING ALLOTMENT. ‘‘From the funds reserved under section 2201(4), the Secretary— ‘‘(1) shall use not less than 74 percent to carry out activities under section 2242; ‘‘(2) shall use not less than 22 percent to carry out activities under section 2243; ‘‘(3) shall use not less than 2 percent to carry out activities under section 2244; and ‘‘(4) may reserve not more than 2 percent to carry out activities under section 2245. ‘‘SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT. N G ENERAL .—From the funds reserved by the Secretary ‘‘(a) I under section 2241(1) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— ‘‘(1) providing teachers, principals, or other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies; ‘‘(2) providing evidence-based professional development activities that address literacy, numeracy, remedial, or other needs of local educational agencies and the students the agen- cies serve; ‘‘(3) providing teachers, principals, or other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment programs and early college high school settings across a local educational agency; ‘‘(4) making freely available services and learning opportunities to local educational agencies, through partner- ships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or ‘‘(5) providing teachers, principals, or other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential. ‘‘(b) P ROGRAM P ERIODS AND D IVERSITY OF P ROJECTS .— ‘‘(1) I .—A grant awarded by the Secretary to N GENERAL an eligible entity under this section shall be for a period of not more than 3 years. ‘‘(2) R ENEWAL .—The Secretary may renew a grant awarded under this section for 1 additional 2-year period. ‘‘(3) D IVERSITY OF PROJECTS .—In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, subur- ban, and rural areas.

148 S. 1177—148 ‘‘(4) L .—The Secretary shall not award more than IMITATION 1 grant under this section to an eligible entity during a grant competition. - SHARING .— OST ‘‘(c) C .—An eligible entity that receives a grant N GENERAL ‘‘(1) I under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section. CCEPTABLE CONTRIBUTIONS .—An eligible entity that ‘‘(2) A receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. ‘‘(3) W .—The Secretary may waive or modify the AIVERS requirement of paragraph (1) in cases of demonstrated financial hardship. PPLICATIONS .—In order to receive a grant under this ‘‘(d) A section, an eligible entity shall submit an application to the Sec- retary at such time and in such manner as the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for partici- pating students or parents. ‘‘(e) P RIORITY .—In awarding grants under this section, the Sec- retary shall give priority to an eligible entity that will implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). EFINITION OF LIGIBLE E NTITY .—In this section, the term E ‘‘(f) D ‘eligible entity’ means— ‘‘(1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsec- ondary education matriculation; ‘‘(2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or comple- tion, or of effectiveness in providing preparation and profes- sional development activities and programs for teachers, prin- cipals, or other school leaders; ‘‘(3) the Bureau of Indian Education; or ‘‘(4) a partnership consisting of— ‘‘(A) 1 or more entities described in paragraph (1) or (2); and ‘‘(B) a for-profit entity. ‘‘SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT. ‘‘(a) I N G ENERAL .—From the funds reserved under section 2241(2) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals or other school leaders in high- need schools, which may include— ‘‘(1) developing or implementing leadership training pro- grams designed to prepare and support principals or other school leaders in high-need schools, including through new or alternative pathways or school leader residency programs;

149 S. 1177—149 ‘‘(2) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current prin- cipals or other school leaders to serve in high-need schools; ‘‘(3) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools imple- menting comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning; ‘‘(4) providing continuous professional development for prin- cipals or other school leaders in high-need schools; ‘‘(5) developing and disseminating information on best prac- tices and strategies for effective school leadership in high- need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and ‘‘(6) other evidence-based programs or activities described in section 2101(c)(4) or section 2103(b)(3) focused on principals or other school leaders in high-need schools. ‘‘(b) P P ROGRAM D IVERSITY OF P ROJECTS .— ERIODS AND N GENERAL ‘‘(1) I .—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 5 years. ENEWAL .—The Secretary may renew a grant awarded ‘‘(2) R under this section for 1 additional 2-year period. ‘‘(3) D IVERSITY OF PROJECTS .—In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, subur- ban, and rural areas. .—The Secretary shall not award more than IMITATION ‘‘(4) L 1 grant under this section to an eligible entity during a grant competition. OST - SHARING .— ‘‘(c) C N GENERAL .—An eligible entity that receives a grant ‘‘(1) I under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section. ‘‘(2) A CCEPTABLE CONTRIBUTIONS .—An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. ‘‘(3) W AIVERS .—The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. .—An eligible entity that desires a grant PPLICATIONS ‘‘(d) A under this section shall submit to the Secretary an application at such time, and in such manner, as the Secretary may require. ‘‘(e) P RIORITY .—In awarding grants under this section, the Sec- retary shall give priority to an eligible entity— ‘‘(1) with a record of preparing or developing principals who— ‘‘(A) have improved school-level student outcomes; ‘‘(B) have become principals in high-need schools; and

150 S. 1177—150 ‘‘(C) remain principals in high-need schools for multiple years; and ‘‘(2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). EFINITIONS .—In this section: ‘‘(f) D ‘‘(1) E LIGIBLE ENTITY .—The term ‘eligible entity’ means— ‘‘(A) a local educational agency, including an edu- cational service agency, that serves a high-need school or a consortium of such agencies; ‘‘(B) a State educational agency or a consortium of such agencies; ‘‘(C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that serve a high-need school; ‘‘(D) the Bureau of Indian Education; or ‘‘(E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education. IGH - NEED SCHOOL .—The term ‘high-need school’ ‘‘(2) H means— ‘‘(A) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or ‘‘(B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. ‘‘SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION. ‘‘(a) I G ENERAL .—From the funds reserved under section N 2241(3) for a fiscal year, the Secretary— ‘‘(1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), a comprehensive center on students at risk of not attaining full literacy skills due to a disability that meets the purposes of subsection (b); and ‘‘(2) may— ‘‘(A) provide technical assistance, which may be carried out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and ‘‘(B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Edu- cation Sciences. ‘‘(b) P URPOSES .—The comprehensive center established by the Secretary under subsection (a)(1) shall— ‘‘(1) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or execu- tive functioning; ‘‘(2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students;

151 S. 1177—151 ‘‘(3) provide families of such students with information to assist such students; ‘‘(4) identify or develop evidence-based professional develop- ment for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to— ‘‘(A) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or develop- mental delay impacting reading, writing, language proc- essing, comprehension, or executive functioning; ‘‘(B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and ‘‘(C) implement evidence-based instruction designed to meet the specific needs of such students; and ‘‘(5) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local edu- cational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other com- prehensive centers established under section 203 of the Edu- cational Technical Assistance Act of 2002 (20 U.S.C. 9602), and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564). ‘‘SEC. 2245. STEM MASTER TEACHER CORPS. ‘‘(a) I G ENERAL .—From the funds reserved under section N 2241(4) for a fiscal year, the Secretary may award grants to— ‘‘(1) State educational agencies to enable such agencies to support the development of a State-wide STEM master teacher corps; or ‘‘(2) State educational agencies, or nonprofit organizations in partnership with State educational agencies, to support the implementation, replication, or expansion of effective science, technology, engineering, and mathematics professional develop- ment programs in schools across the State through collaboration with school administrators, principals, and STEM educators. ‘‘(b) STEM M T ASTER C ORPS .—In this section, the term EACHER ‘STEM master teacher corps’ means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathe- matics teachers, particularly in high-need and rural schools, by— ‘‘(1) selecting candidates to be master teachers in the corps on the basis of— ‘‘(A) content knowledge based on a screening examina- tion; and ‘‘(B) pedagogical knowledge of and success in teaching; ‘‘(2) offering such teachers opportunities to— ‘‘(A) work with one another in scholarly communities; and ‘‘(B) participate in and lead high-quality professional development; and ‘‘(3) providing such teachers with additional appropriate and substantial compensation for the work described in para- graph (2) and in the master teacher community.

152 S. 1177—152 ‘‘PART C—GENERAL PROVISIONS ‘‘SEC. 2301. SUPPLEMENT, NOT SUPPLANT. ‘‘Funds made available under this title shall be used to supple- ment, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. ‘‘SEC. 2302. RULES OF CONSTRUCTION. ROHIBITION A GAINST F EDERAL M ANDATES , D IRECTION , OR ‘‘(a) P C .—Nothing in this title shall be construed to authorize ONTROL the Secretary or any other officer or employee of the Federal Govern- ment to mandate, direct, or control a State, local educational agency, or school’s— ‘‘(1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; ‘‘(2) teacher, principal, or other school leader evaluation system; ‘‘(3) specific definition of teacher, principal, or other school leader effectiveness; or ‘‘(4) teacher, principal, or other school leader professional standards, certification, or licensing. ‘‘(b) S CHOOL OR D ISTRICT MPLOYEES .—Nothing in this title E shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.’’. TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMI- GRANT STUDENTS SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS. Title III (20 U.S.C. 6801 et seq.) is amended— (1) by striking the title heading and inserting ‘‘ LAN- GUAGE INSTRUCTION FOR ENGLISH LEARNERS AND ’’; IMMIGRANT STUDENTS (2) in part A— (A) by striking section 3122; (B) by redesignating sections 3123 through 3129 as sections 3122 through 3128, respectively; and (C) by striking subpart 4; (3) by striking part B; (4) by redesignating part C as part B; and (5) in part B, as redesignated by paragraph (4)— (A) by redesignating section 3301 as section 3201; (B) by striking section 3302; and (C) by redesignating sections 3303 and 3304 as sections 3202 and 3203, respectively. SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. Section 3001 (20 U.S.C. 6801) is amended to read as follows:

153 S. 1177—153 ‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this title— ‘‘(1) $756,332,450 for fiscal year 2017; ‘‘(2) $769,568,267 for fiscal year 2018; ‘‘(3) $784,959,633 for fiscal year 2019; and ‘‘(4) $884,959,633 for fiscal year 2020.’’. SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCE- MENT, AND ACADEMIC ACHIEVEMENT. (a) P URPOSES .—Section 3102 (20 U.S.C. 6812) is amended to read as follows: ‘‘SEC. 3102. PURPOSES. ‘‘The purposes of this part are— ‘‘(1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; ‘‘(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic sub- jects so that all English learners can meet the same challenging State academic standards that all children are expected to meet; ‘‘(3) to assist teachers (including preschool teachers), prin- cipals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, imple- menting, and sustaining effective language instruction edu- cational programs designed to assist in teaching English learners, including immigrant children and youth; ‘‘(4) to assist teachers (including preschool teachers), prin- cipals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and ‘‘(5) to promote parental, family, and community participa- tion in language instruction educational programs for the par- ents, families, and communities of English learners.’’. (b) F ORMULA RANTS TO S TATES .—Section 3111 (20 U.S.C. G 6821) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking subparagraphs (A) through (D) and inserting the following: ‘‘(A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. ‘‘(B) Providing effective teacher and principal prepara- tion, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—

154 S. 1177—154 ‘‘(i) meeting State and local certification and licensing requirements for teaching English learners; and ‘‘(ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners. ‘‘(C) Planning, evaluation, administration, and inter- agency coordination related to the subgrants referred to in paragraph (1). ‘‘(D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— ‘‘(i) identifying and implementing effective lan- guage instruction educational programs and curricula for teaching English learners; ‘‘(ii) helping English learners meet the same chal- lenging State academic standards that all children are expected to meet; ‘‘(iii) identifying or developing, and implementing, measures of English proficiency; and ‘‘(iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners. ‘‘(E) Providing recognition, which may include pro- viding financial awards, to recipients of subgrants under section 3115 that have significantly improved the achieve- ment and progress of English learners in meeting— ‘‘(i) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and ‘‘(ii) the challenging State academic standards.’’; (B) in paragraph (3)— (i) in the paragraph heading, by striking ‘‘A DMINIS - TRATIVE IRECT ADMINISTRATIVE ’’; ’’ and inserting ‘‘D (ii) by striking ‘‘60 percent’’ and inserting ‘‘50 per- cent’’; and (iii) by inserting ‘‘direct’’ before ‘‘administrative costs’’; and (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking ‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; (ii) in subparagraph (B), by inserting ‘‘and’’ after the semicolon; (iii) by striking subparagraph (C) and inserting the following: ‘‘(C) 6.5 percent of such amount for national activities under sections 3131 and 3202, except that 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 3202.’’; and (iv) by striking subparagraph (D);

155 S. 1177—155 (B) by striking paragraphs (2) and (4); (C) by redesignating paragraph (3) as paragraph (2); (D) in paragraph (2)(A), as redesignated by subpara- graph (C)— (i) in the matter preceding clause (i), by striking ‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; (ii) in clause (i), by striking ‘‘limited English pro- ficient’’ and all that follows through ‘‘States; and’’ and inserting ‘‘English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and’’; and (iii) in clause (ii), by inserting ‘‘, as determined in accordance with paragraph (3)(B)’’ before the period at the end; and (E) by adding at the end the following: ‘‘(3) U SE OF DATA FOR DETERMINATIONS .—In making State allotments under paragraph (2) for each fiscal year, the Sec- retary shall— ‘‘(A) determine the number of English learners in a State and in all States, using the most accurate, up-to- date data, which shall be— ‘‘(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; ‘‘(ii) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or ‘‘(iii) a combination of data available under clauses (i) and (ii); and ‘‘(B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.’’. (c) N ATIVE A MERICAN AND A LASKA N ATIVE C HILDREN IN S CHOOL .—Section 3112(a) (20 U.S.C. 6822(a)) is amended by striking ‘‘Bureau of Indian Affairs’’ each place the term appears and inserting ‘‘Bureau of Indian Education’’. TATE AND S PECIALLY Q (d) S A GENCY P LANS .—Section UALIFIED 3113 (20 U.S.C. 6823) is amended— (1) in subsection (a), by striking ‘‘, in such manner, and containing such information’’ and inserting ‘‘and in such manner’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘making’’ and inserting ‘‘awarding’’; and (B) by striking paragraphs (2) through (6) and inserting the following: ‘‘(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; ‘‘(3) provide an assurance that—

156 S. 1177—156 ‘‘(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assess- ment of English learners in English; ‘‘(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); ‘‘(C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; ‘‘(D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; ‘‘(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards; ‘‘(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and ‘‘(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of pro- grams implemented under this subpart, parents of English learners, and other relevant stakeholders; ‘‘(4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; ‘‘(5) describe how each eligible entity will be given the flexibility to teach English learners— ‘‘(A) using a high-quality, effective language instruction curriculum for teaching English learners; and ‘‘(B) in the manner the eligible entity determines to be the most effective; ‘‘(6) describe how the agency will assist eligible entities in meeting— ‘‘(A) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and ‘‘(B) the challenging State academic standards; ‘‘(7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 3114(d); and ‘‘(8) describe— ‘‘(A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and ‘‘(B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart

157 S. 1177—157 are not effective, such as providing technical assistance and modifying such strategies.’’; (3) in subsection (d)— (A) in paragraph (1), by striking ‘‘this part’’ each place the term appears and inserting ‘‘this subpart’’; and (B) in paragraph (2)(B), by striking ‘‘this part’’ and inserting ‘‘this subpart’’; (4) in subsection (e), by striking ‘‘section 9302’’ and inserting ‘‘section 8302’’; and (5) in subsection (f)— (A) by inserting ‘‘by the State’’ after ‘‘if requested’’; and (B) by striking ‘‘, objectives,’’. ITHIN -S TATE A LLOCATIONS .—Section 3114 (20 U.S.C. 6824) (e) W is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) I G ENERAL .—After making the reservation required under N subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner 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 popu- lation of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.’’; and (2) in subsection (d)(1)— (A) by striking ‘‘section 3111(c)(3)’’ and inserting ‘‘sec- tion 3111(c)(2)’’; and (B) by striking ‘‘preceding the fiscal year’’. UBGRANTS TO LIGIBLE E NTITIES .—Section 3115 (20 U.S.C. E (f) S 6825) is amended to read as follows: ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. URPOSES OF S UBGRANTS .—A State educational agency may ‘‘(a) P make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State aca- demic standards. In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: ‘‘(1) Developing and implementing new language instruc- tion educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. ‘‘(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruc- tional programs for English learners and immigrant children and youth. ‘‘(3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all rel- evant programs, activities, and operations relating to language

158 S. 1177—158 instruction educational programs and academic content instruc- tion for English learners and immigrant 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 pro- grams and academic content instruction for English learners and immigrant children and youth. A DMINISTRATIVE E IRECT .—Each eligible entity XPENSES ‘‘(b) D 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) R S EQUIRED A CTIVITIES .—An eligible entity UBGRANTEE receiving funds under section 3114(a) shall use the funds— ‘‘(1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and dem- onstrate success in increasing— ‘‘(A) English language proficiency; and ‘‘(B) student academic achievement; ‘‘(2) to provide effective professional development to class- room teachers (including teachers in classroom settings that are not the settings of language instruction educational pro- grams), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is— ‘‘(A) designed to improve the instruction and assess- ment of English learners; ‘‘(B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners; ‘‘(C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and ‘‘(D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term work- shops 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 profes- sional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and ‘‘(3) to provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which— ‘‘(A) shall include parent, family, and community engagement activities; and ‘‘(B) may include strategies that serve to coordinate and align related programs. ‘‘(d) A UTHORIZED S UBGRANTEE A CTIVITIES .—Subject to sub- section (c), an eligible entity receiving funds under section 3114(a)

159 S. 1177—159 may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities: ‘‘(1) Upgrading program objectives and effective instruc- tional strategies. ‘‘(2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. ‘‘(3) Providing to English learners— ‘‘(A) tutorials and academic or career and technical education; and ‘‘(B) intensified instruction, which may include mate- rials in a language that the student can understand, inter- preters, and translators. ‘‘(4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services. ‘‘(5) Improving the English language proficiency and aca- demic achievement of English learners. ‘‘(6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families— ‘‘(A) to improve the English language skills of English learners; and ‘‘(B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their chil- dren. ‘‘(7) Improving the instruction of English learners, which may include English learners with a disability, by providing for— ‘‘(A) the acquisition or development of educational tech- nology or instructional materials; ‘‘(B) access to, and participation in, electronic networks for materials, training, and communication; and ‘‘(C) incorporation of the resources described in sub- paragraphs (A) and (B) into curricula and programs, such as those funded under this subpart. ‘‘(8) Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve success in postsecondary education. ‘‘(9) Carrying out other activities that are consistent with the purposes of this section. ‘‘(e) A BY A CTIVITIES E XPERIENCING S UBSTANTIAL GENCIES I NCREASES IN I MMIGRANT C HILDREN AND Y OUTH .— ‘‘(1) I .—An eligible entity receiving funds under N GENERAL section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— ‘‘(A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children; ‘‘(B) recruitment of, and support for, personnel, including teachers and paraprofessionals who have been

160 S. 1177—160 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, development, and acquisition of cur- ricular materials, educational software, and technologies to be used in the program carried out with awarded funds; ‘‘(E) basic instructional services that are directly attrib- utable to the presence of immigrant children and youth in the local educational agency involved, including the pay- ment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services; ‘‘(F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and ‘‘(G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services. ‘‘(2) D .—The duration of a subgrant URATION OF SUBGRANTS made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion. ELECTION OF M ‘‘(f) S I NSTRUCTION .— ETHOD OF ‘‘(1) I N GENERAL .—To receive a subgrant from a State edu- cational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards. ‘‘(2) C ONSISTENCY .—The selection described in paragraph (1) shall be consistent with sections 3124 through 3126. UPPLEMENT , N ‘‘(g) S S UPPLANT .—Federal funds made avail- OT able under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds.’’. (g) L P LANS .—Section 3116 (20 U.S.C. 6826) is amended— OCAL (1) in subsection (b), by striking paragraphs (1) through (6) and inserting the following: ‘‘(1) describe the effective programs and activities, including language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the challenging State academic standards; ‘‘(2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in— ‘‘(A) achieving English proficiency based on the State’s English language proficiency assessment under section 1111(b)(2)(G), consistent with the State’s long-term goals, as described in section 1111(c)(4)(A)(ii); and

161 S. 1177—161 ‘‘(B) meeting the challenging State academic standards; ‘‘(3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; ‘‘(4) contain assurances that— ‘‘(A) each local educational agency that is included in the eligible entity is complying with section 1112(e) prior to, and throughout, each school year as of the date of application; ‘‘(B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the edu- cation of English learners, consistent with sections 3125 and 3126; ‘‘(C) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and ‘‘(D) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers.’’; (2) in subsection (c), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and (3) by striking subsection (d). (h) R EPORTING .—Section 3121 (20 U.S.C. 6841) is amended to read as follows: ‘‘SEC. 3121. REPORTING. ‘‘(a) I N ENERAL .—Each eligible entity that receives a subgrant G from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes— ‘‘(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented programs funded primarily with State or local funds; ‘‘(2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a min- imum, by English learners with a disability; ‘‘(3) the number and percentage of English learners in the programs and activities attaining English language pro- ficiency based on State English language proficiency standards established under section 1111(b)(1)(G) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); ‘‘(4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency; ‘‘(5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years

162 S. 1177—162 after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability; ‘‘(6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enroll- ment in the local educational agency; and ‘‘(7) any other information that the State educational agency may require. R SE OF .—A report provided by an eligible entity EPORT ‘‘(b) U under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part. PECIAL R ULE FOR S .—Each Q UALIFIED A GENCIES PECIALLY ‘‘(c) S specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities pro- viding such evaluations to State educational agencies under such subsection.’’. IENNIAL R .—Section 3122 (20 U.S.C. 6843), as EPORTS (i) B redesignated by section 3001(2)(B), is amended— (1) in the section heading, by striking ‘‘ REPORTING REQUIREMENTS ’’ and inserting ‘‘ BIENNIAL REPORTS ’’; (2) in subsection (a)— (A) by striking ‘‘evaluations’’ and inserting ‘‘reports’’; and (B) by striking ‘‘children who are limited English pro- ficient’’ and inserting ‘‘English learners’’; and (3) in subsection (b)— (A) in paragraph (1)— (i) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and (ii) by striking ‘‘children who are limited English proficient’’ and inserting ‘‘English learners’’; (B) in paragraph (2), by striking ‘‘limited English pro- ficient children’’ and inserting ‘‘English learners’’; (C) in paragraph (4), by striking ‘‘section 3111(b)(2)(C)’’ and inserting ‘‘section 3111(b)(2)(D)’’; (D) in paragraph (5), by striking ‘‘limited English pro- ficient children’’ and inserting ‘‘English learners’’; (E) in paragraph (6), by striking ‘‘major findings of scientifically based research carried out under this part’’ and inserting ‘‘findings of the most recent evaluation related to English learners carried out under section 8601’’; (F) in paragraph (8)— (i) by striking ‘‘of limited English proficient chil- dren’’ and inserting ‘‘of English learners’’; and (ii) by striking ‘‘into classrooms where instruction is not tailored for limited English proficient children’’; and (G) in paragraph (9), by striking ‘‘title’’ and inserting ‘‘part’’. (j) C OORDINATION W ITH R ELATED P ROGRAMS .—Section 3123 (20 U.S.C. 6844), as redesignated by section 3001(2)(B), is amended— (1) by striking ‘‘children of limited English proficiency’’ and inserting ‘‘English learners’’;

163 S. 1177—163 (2) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and (3) by inserting after the period at the end the following: ‘‘The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments.’’. ULES OF ONSTRUCTION .—Section 3124 (20 U.S.C. 6845), C (k) R as redesignated by section 3001(2)(B), is amended— (1) in paragraph (1), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and (2) in paragraph (2), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’. (l) P .—Section 3128 (20 U.S.C. 6849), as redesig- ROHIBITION nated by section 3001(2)(B), is amended by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’. .—Section ATIONAL ROFESSIONAL D EVELOPMENT P P ROJECT (m) N 3131 (20 U.S.C. 6861) is amended to read as follows: ‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. ‘‘The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used— ‘‘(1) for effective preservice or inservice professional development programs that will improve the qualifications and skills of educational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness in meeting the needs of English learners; ‘‘(2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; ‘‘(3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners; ‘‘(4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs; ‘‘(5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and ‘‘(6) as appropriate, to support strategies that promote school readiness of English learners and their transition from

164 S. 1177—164 early childhood education programs, such as Head Start or State-run preschool programs, to elementary school programs.’’. SEC. 3004. GENERAL PROVISIONS. .—Section 3201 (20 U.S.C. 7011), as redesig- (a) D EFINITIONS nated by section 3001(5)(A), is amended— (1) by striking paragraphs (3), (4), and (5); (2) by inserting after paragraph (2) the following: .—The term ‘eligible entity’ means— LIGIBLE ENTITY ‘‘(3) E ‘‘(A) one or more local educational agencies; or ‘‘(B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. NGLISH LEARNER WITH A DISABILITY .—The term ‘‘(4) E ‘English learner with a disability’ means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.’’; (3) by redesignating paragraphs (6) through (15) as para- graphs (5) through (14), respectively; (4) in paragraph (7)(A), as redesignated by paragraph (3)— (A) by striking ‘‘a limited English proficient child’’ and inserting ‘‘an English learner’’; and (B) by striking ‘‘challenging State academic content and student academic achievement standards, as required by section 1111(b)(1)’’ and inserting ‘‘challenging State aca- demic standards’’; and (5) in paragraph (12), as redesignated by paragraph (3), by striking ‘‘, as defined in section 3141,’’. .—Section 3202 (20 U.S.C. 7013), ATIONAL C LEARINGHOUSE (b) N as redesignated by section 3001(5)(C), is amended— (1) in the matter preceding paragraph (1)— (A) by striking ‘‘The Secretary shall’’ and inserting the following: N G ENERAL .—The Secretary shall’’; and ‘‘(a) I (B) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; (2) in paragraph (4)— (A) in subparagraph (A), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners’’; and (B) in subparagraph (B), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; and (3) by adding at the end the following: ‘‘(b) C ONSTRUCTION .—Nothing in this section shall authorize the Secretary to hire additional personnel to execute subsection (a).’’. EGULATIONS .—Section 3203 (20 U.S.C. 7014), as redesig- (c) R nated by section 3001(5)(C), is amended— (1) by striking ‘‘limited English proficient individuals’’ and inserting ‘‘English learners’’; and (2) by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’.

165 S. 1177—165 TITLE IV—21ST CENTURY SCHOOLS SEC. 4001. REDESIGNATIONS AND TRANSFERS. (a) T RANSFERS AND R ELATED A MENDMENTS .— ITLE IV T (1) Section 4303 (20 U.S.C. 7183) is amended— (A) in subsection (b)(1), by striking ‘‘early childhood development (Head Start) services’’ and inserting ‘‘early childhood education programs’’; (B) in subsection (c)(2)— (i) in the paragraph heading, by striking ‘‘ DEVELOP - ’’ and inserting ‘‘ MENT SERVICES ’’; EDUCATION PROGRAMS and (ii) by striking ‘‘development (Head Start) services’’ and inserting ‘‘education programs’’; and (C) in subsection (e)(3), by striking subparagraph (C) and inserting the following: ‘‘(C) such other matters as justice may require.’’. (2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is— (A) transferred to title IX (as amended by section 2001 of this Act); (B) inserted so as to appear after subpart 3 of part E of such title (as so transferred and redesignated); (C) redesignated as subpart 4 of such part; and (D) amended by redesignating section 4141 as section 9551. (3) Section 4155 (20 U.S.C. 7165) is— (A) transferred to title IX (as amended by section 2001 of this Act and paragraph (2) of this subsection); (B) inserted so as to appear after section 9536; and (C) redesignated as section 9537. (4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IX (as amended by section 2001 of this Act and paragraphs (2) and (3) of this subsection); (B) inserted so as to appear after subpart 4 of part E of such title IX (as so transferred and redesignated); and (C) amended— (i) by striking the part designation and heading Subpart 5—Environmental Tobacco and inserting ‘‘ ’’; and Smoke (ii) by redesignating sections 4301 through 4304 as sections 9561 through 9564, respectively. (5) Title IV (as amended by section 2001 of this Act and paragraphs (1) through (4) of this subsection) is further amended— (A) in the part heading of part A, by striking ‘‘ SAFE AND - FREE SCHOOLS AND COMMUNITIES ’’ and DRUG inserting ‘‘ STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS ’’; (B) by striking subparts 2 and 4 of part A; (C) by redesignating subpart 5 of part A (as so trans- ferred and redesignated by section 2001(4) of this Act) as subpart 2 of part A; and (D) by redesignating section 4161 (as so redesignated) as section 4121.

166 S. 1177—166 (b) T V T RANSFERS AND R ELATED A MENDMENTS .— ITLE (1) I N GENERAL .—Title V (20 U.S.C. 7201 et seq.) is amended— (A) by striking part A; (B) by striking subparts 2 and 3 of part B; and (C) by striking part D. (2) C .—Part B of title V (20 U.S.C. 7221 HARTER SCHOOLS et seq.) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IV (as amended by section 2001 of this Act and subsection (a) of this section); (B) inserted so as to appear after part B of such title; (C) redesignated as part C of such title; and (D) further amended— (i) in the part heading, by striking ‘‘ PUBLIC ’’ and inserting ‘‘ - CHARTER SCHOOLS EXPANDING OPPOR TUNITY THROUGH QUALITY CHARTER SCHOOLS ’’; (ii) by striking the subpart heading for subpart 1; and (iii) by redesignating sections 5201 through 5211 as sections 4301 through 4311, respectively. (3) M AGNET SCHOOLS .—Part C of title V (20 U.S.C. 7231 et seq.) is— (A) transferred to title IV (as amended by section 2001 of this Act, subsection (a) of this section, and paragraph (2) of this subsection) (B) inserted so as to appear after part C of such title (as so transferred and redesignated); (C) redesignated as part D of such title; and (D) amended— (i) by redesignating sections 5301 through 5307 as sections 4401 through 4407, respectively; (ii) by striking sections 5308 and 5310; and (iii) by redesignating sections 5309 and 5311 as sections 4408 and 4409, respectively. (4) T .—Title V, as amended by this section, is ITLE V repealed. SEC. 4002. GENERAL PROVISIONS. Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by section 4001, is further amended by striking sections 4001 through 4003 and inserting the following: ‘‘SEC. 4001. GENERAL PROVISIONS. ‘‘(a) P ARENTAL C ONSENT .— ‘‘(1) I .— N GENERAL ‘‘(A) I NFORMED WRITTEN CONSENT .—A State, local edu- cational agency, or other entity receiving funds under this title shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this title and conducted in connection with an elementary school or secondary school under this title. ‘‘(B) C ONTENTS .—Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment

167 S. 1177—167 or service, when such assessment or service will begin, and how long such assessment or service may last. ‘‘(C) L IMITATION .—The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). XCEPTION .—Notwithstanding paragraph (1)(A), the ‘‘(2) E written, informed consent described in such paragraph shall not be required in— ‘‘(A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or ‘‘(B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of— ‘‘(i) a child whose parent has not responded to the notice described in paragraph (1)(B); or ‘‘(ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a). ‘‘(b) P U SE OF F UNDS .—No funds under this title ROHIBITED may be used for medical services or drug treatment or rehabilita- tion, except for integrated student supports, specialized instruc- tional support services, or referral to treatment for impacted stu- dents, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. ROHIBITION ON M ANDATORY M EDICATION ‘‘(c) P .—No child shall be required to obtain a prescription for a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as a condition of— ‘‘(1) receiving an evaluation or other service described under this title; or ‘‘(2) attending a school receiving assistance under this title.’’. PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: ‘‘Subpart 1—Student Support and Academic Enrichment Grants ‘‘SEC. 4101. PURPOSE. ‘‘The purpose of this subpart is to improve students’ academic achievement by increasing the capacity of States, local educational agencies, schools, and local communities to— ‘‘(1) provide all students with access to a well-rounded education; ‘‘(2) improve school conditions for student learning; and ‘‘(3) improve the use of technology in order to improve the academic achievement and digital literacy of all students.

168 S. 1177—168 ‘‘SEC. 4102. DEFINITIONS. ‘‘In this subpart: ‘‘(1) B LENDED LEARNING .—The term ‘blended learning’ means a formal education program that leverages both tech- nology-based and face-to-face instructional approaches— ‘‘(A) that include an element of online or digital learning, combined with supervised learning time, and stu- dent-led learning, in which the elements are connected to provide an integrated learning experience; and ‘‘(B) in which students are provided some control over time, path, or pace. ‘‘(2) C ONTROLLED SUBSTANCE .—The term ‘controlled sub- stance’ 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)). ‘‘(3) D .—The term ‘digital learning’ means IGITAL LEARNING any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— ‘‘(A) interactive learning resources, digital learning con- tent (which may include openly licensed content), software, or simulations, that engage students in academic content; ‘‘(B) access to online databases and other primary source documents; ‘‘(C) the use of data and information to personalize learning and provide targeted supplementary instruction; ‘‘(D) online and computer-based assessments; ‘‘(E) learning environments that allow for rich collaboration and communication, which may include stu- dent collaboration with content experts and peers; ‘‘(F) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace; and ‘‘(G) access to online course opportunities for students in rural or remote areas. ‘‘(4) D .—The term ‘drug’ includes— RUG ‘‘(A) controlled substances; ‘‘(B) the illegal use of alcohol or tobacco, including smokeless tobacco products and electronic cigarettes; and ‘‘(C) the harmful, abusive, or addictive use of sub- stances, including inhalants and anabolic steroids. ‘‘(5) D .—The term ‘drug and RUG AND VIOLENCE PREVENTION violence prevention’ means— ‘‘(A) with respect to drugs, prevention, early interven- tion, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are evidence-based (to the extent a State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); and ‘‘(B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harass- ment and abuse, and victimization associated with preju- dice and intolerance, on school premises, going to and

169 S. 1177—169 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. - BASED MENTAL HEALTH SERVICES PROVIDER .— CHOOL ‘‘(6) S 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 mental health services to children and adolescents. TATE .—The term ‘State’ means each of the 50 States, ‘‘(7) S the District of Columbia, and the Commonwealth of Puerto Rico. TEM - FOCUSED SPECIALTY SCHOOL .—The term ‘STEM- ‘‘(8) S focused specialty school’ means a school, or dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, tech- nology, engineering, and mathematics, including computer science, which include authentic schoolwide research. ‘‘SEC. 4103. FORMULA GRANTS TO STATES. ‘‘(a) R .—From the total amount appropriated under ESERVATIONS section 4112 for a fiscal year, the Secretary shall reserve— ‘‘(1) one-half of 1 percent for allotments for payments to the outlying areas, 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 subpart; ‘‘(2) one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Education; and ‘‘(3) 2 percent for technical assistance and capacity building. TATE A LLOTMENTS .— ‘‘(b) S ‘‘(1) A LLOTMENT .— N GENERAL ‘‘(A) I .—Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State having a plan approved under subsection (c), 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. ‘‘(B) S MALL STATE MINIMUM .—No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. ‘‘(C) P UERTO RICO .—The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph. .—If a State does not receive an allot- EALLOTMENT ‘‘(2) R ment 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 subsection. ‘‘(c) S TATE P LAN .—

170 S. 1177—170 ‘‘(1) I .—In order to receive an allotment under N GENERAL this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. .—Each plan submitted by a State under ‘‘(2) C ONTENTS this section shall include the following: ‘‘(A) A description of how the State educational agency will use funds received under this subpart for State-level activities. ‘‘(B) A description of how the State educational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are consistent with section 4105(a)(2). ‘‘(C) Assurances that the State educational agency will— ‘‘(i) review existing resources and programs across the State and will coordinate any new plans and resources under this subpart with such existing resources and programs; ‘‘(ii) monitor the implementation of activities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and ‘‘(iii) provide for equitable access for all students to the activities supported under this subpart, including aligning those activities with the require- ments of other Federal laws. ‘‘SEC. 4104. STATE USE OF FUNDS. ‘‘(a) I N G ENERAL .—Each State that receives an allotment under section 4103 for a fiscal year shall— ‘‘(1) reserve not less than 95 percent of the allotment to make allocations to local educational agencies under section 4105; ‘‘(2) reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this subpart, including public reporting on how funds made available under this subpart are being expended by local educational agencies, including the degree to which the local educational agencies have made progress toward meeting the objectives and outcomes described in section 4106(e)(1)(E); and ‘‘(3) use the amount made available to the State and not reserved under paragraphs (1) and (2) for activities described in subsection (b). ‘‘(b) S TATE A CTIVITIES .—Each State that receives an allotment under section 4103 shall use the funds available under subsection (a)(3) for activities and programs designed to meet the purposes of this subpart, which may include— ‘‘(1) providing monitoring of, and training, technical assist- ance, and capacity building to, local educational agencies that receive an allotment under section 4105; ‘‘(2) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this subpart, so that local educational agencies can better coordinate with other agencies, schools, and community-based services and programs; or

171 S. 1177—171 ‘‘(3) supporting local educational agencies in providing pro- grams and activities that— ‘‘(A) offer well-rounded educational experiences to all students, as described in section 4107, including female students, minority students, English learners, children with disabilities, and low-income students who are often under- represented in critical and enriching subjects, which may include— ‘‘(i) increasing student access to and improving student engagement and achievement in— ‘‘(I) high-quality courses in science, technology, engineering, and mathematics, including computer science; ‘‘(II) activities and programs in music and the arts; ‘‘(III) foreign languages; ‘‘(IV) accelerated learning programs that pro- vide— ‘‘(aa) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment pro- grams, and early college high schools; or ‘‘(bb) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Bacca- laureate programs; ‘‘(V) American history, civics, economics, geog- raphy, social studies, or government education; ‘‘(VI) environmental education; or ‘‘(VII) other courses, activities, and programs or other experiences that contribute to a well- rounded education; or ‘‘(ii) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, as described in clause (i)(IV); ‘‘(B) foster safe, healthy, supportive, and drug-free environments that support student academic achievement, as described in section 4108, which may include— ‘‘(i) coordinating with any local educational agen- cies or consortia of such agencies implementing a youth PROMISE plan to reduce exclusionary discipline, as described in section 4108(5)(F); ‘‘(ii) supporting local educational agencies to— ‘‘(I) implement mental health awareness training programs that are evidence-based (to the extent the State determines that such evidence is reasonably available) to provide education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health or the safe de-escalation of crisis situations involving a student with a mental illness; or ‘‘(II) expand access to or coordinate resources for school-based counseling and mental health pro- grams, such as through school-based mental health services partnership programs;

172 S. 1177—172 ‘‘(iii) providing local educational agencies with resources that are evidence-based (to the extent the State determines that such evidence is reasonably available) addressing ways to integrate health and safety practices into school or athletic programs; and ‘‘(iv) disseminating best practices and evaluating program outcomes relating to any local educational agency activities to promote student safety and violence prevention through effective communication as described in section 4108(5)(C)(iv); and ‘‘(C) increase access to personalized, rigorous learning experiences supported by technology by— ‘‘(i) providing technical assistance to local edu- cational agencies to improve the ability of local edu- cational agencies to— ‘‘(I) identify and address technology readiness needs, including the types of technology infrastruc- ture and access available to the students served by the local educational agency, including com- puter devices, access to school libraries, Internet connectivity, operating systems, software, related network infrastructure, and data security; ‘‘(II) use technology, consistent with the prin- ciples of universal design for learning, to support the learning needs of all students, including chil- dren with disabilities and English learners; and ‘‘(III) build capacity for principals, other school leaders, and local educational agency administra- tors to support teachers in using data and tech- nology to improve instruction and personalize learning; ‘‘(ii) supporting schools in rural and remote areas to expand access to high-quality digital learning opportunities; ‘‘(iii) developing or using strategies that are innovative or evidence-based (to the extent the State determines that such evidence is reasonably available) for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology, which may include increased access to online dual or concurrent enrollment opportunities, career and technical courses, and programs leading to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Oppor- tunity Act (29 U.S.C. 3102)); ‘‘(iv) disseminating promising practices related to technology instruction, data security, and the acquisi- tion and implementation of technology tools and applications, including through making such promising practices publicly available on the website of the State educational agency; ‘‘(v) providing teachers, paraprofessionals, school librarians and media personnel, specialized instruc- tional support personnel, and administrators with the knowledge and skills to use technology effectively, including effective integration of technology, to improve

173 S. 1177—173 instruction and student achievement, which may include coordination with teacher, principal, and other school leader preparation programs; and ‘‘(vi) making instructional content widely available through open educational resources, which may include providing tools and processes to support local edu- cational agencies in making such resources widely available. R ULE .—A State that receives a grant under this ‘‘(c) S PECIAL subpart for fiscal year 2017 may use the amount made available to the State and not reserved under paragraphs (1) and (2) of subsection (a) for such fiscal year to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (b)(3)(A)(ii). ‘‘SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. LLOCATIONS TO ‘‘(a) A OCAL E DUCATIONAL A GENCIES .— L ‘‘(1) I .—From the funds reserved by a State N GENERAL under section 4104(a)(1), the State shall allocate to each local educational agency in the State that has an application approved by the State educational agency under section 4106 an amount that bears the same relationship to the total amount of such reservation as the amount the local educational agency received under subpart 2 of part A of title I for the preceding fiscal year bears to the total amount received by all local educational agencies in the State under such subpart for the preceding fiscal year. ‘‘(2) M INIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION .— No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000, subject to subsection (b). ‘‘(3) C .—Local educational agencies in a State may ONSORTIA form a consortium with other surrounding local educational agencies and combine the funds each such agency in the consor- tium receives under this section to jointly carry out the local activities described in this subpart. ‘‘(b) R R EDUCTION .—If the amount reserved by the State ATABLE under section 4104(a)(1) is insufficient to make allocations to local educational agencies in an amount equal to the minimum allocation described in subsection (a)(2), such allocations shall be ratably reduced. ‘‘(c) A DMINISTRATIVE OSTS .—Of the amount received under C subsection (a)(2), a local educational agency may reserve not more than 2 percent for the direct administrative costs of carrying out the local educational agency’s responsibilities under this subpart. ‘‘SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS. ‘‘(a) E LIGIBILITY .—To be eligible to receive an allocation under section 4105(a), a local educational agency shall— ‘‘(1) submit an application, which shall contain, at a min- imum, the information described in subsection (e), to the State educational agency at such time, in such manner, and con- taining such information as the State educational agency may reasonably require; and ‘‘(2) complete a needs assessment in accordance with sub- section (d).

174 S. 1177—174 ‘‘(b) C ONSORTIUM .—If a local educational agency desires to carry out the activities described in this subpart in consortium with one or more surrounding local educational agencies as described in section 4105(a)(3), such local educational agencies shall submit a single application as required under subsection (a). ONSULTATION .— ‘‘(c) C ‘‘(1) I N GENERAL .—A local educational agency, or consortium of such agencies, shall develop its application through consulta- tion with parents, teachers, principals, other school leaders, specialized instructional support personnel, students, commu- nity-based organizations, local government representatives (which may include a local law enforcement agency, local juve- nile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations that may be located in the region served by the local educational agency (where applicable), charter school teachers, principals, and other school leaders (if such agency or consortium of such agencies supports charter schools), and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this subpart. ONTINUED CONSULTATION .—The local educational ‘‘(2) C agency, or consortium of such agencies, shall engage in contin- ued consultation with the entities described in paragraph (1) in order to improve the local activities in order to meet the purpose of this subpart and to coordinate such implementation with other related strategies, programs, and activities being conducted in the community. ‘‘(d) N EEDS A SSESSMENT .— N GENERAL .—Except as provided in paragraph (2) ‘‘(1) I and prior to receiving an allocation under this subpart, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served under this subpart in order to examine needs for improvement of— ‘‘(A) access to, and opportunities for, a well-rounded education for all students; ‘‘(B) school conditions for student learning in order to create a healthy and safe school environment; and ‘‘(C) access to personalized learning experiences sup- ported by technology and professional development for the effective use of data and technology. XCEPTION .—A local educational agency receiving an ‘‘(2) E allocation under section 4105(a) in an amount that is less than $30,000 shall not be required to conduct a comprehensive needs assessment under paragraph (1). ‘‘(3) F REQUENCY OF NEEDS ASSESSMENT .—Each local edu- cational agency, or consortium of local educational agencies, shall conduct the needs assessment described in paragraph (1) once every 3 years. ONTENTS OF ‘‘(e) C L OCAL A PPLICATION .—Each application sub- mitted under this section by a local educational agency, or a consor- tium of such agencies, shall include the following: ESCRIPTIONS .—A description of the activities and ‘‘(1) D programming that the local educational agency, or consortium of such agencies, will carry out under this subpart, including a description of—

175 S. 1177—175 ‘‘(A) any partnership with an institution of higher edu- cation, business, nonprofit organization, community-based organization, or other public or private entity with a dem- onstrated record of success in implementing activities under this subpart; ‘‘(B) if applicable, how funds will be used for activities related to supporting well-rounded education under section 4107; ‘‘(C) if applicable, how funds will be used for activities related to supporting safe and healthy students under sec- tion 4108; ‘‘(D) if applicable, how funds will be used for activities related to supporting the effective use of technology in schools under section 4109; and ‘‘(E) the program objectives and intended outcomes for activities under this subpart, and how the local edu- cational agency, or consortium of such agencies, will periodically evaluate the effectiveness of the activities car- ried out under this section based on such objectives and outcomes. SSURANCES .—Each application shall include assur- ‘‘(2) A ances that the local educational agency, or consortium of such agencies, will— ‘‘(A) prioritize the distribution of funds to schools served by the local educational agency, or consortium of such agencies, that— ‘‘(i) are among the schools with the greatest needs, as determined by such local educational agency, or consortium; ‘‘(ii) have the highest percentages or numbers of children counted under section 1124(c); ‘‘(iii) are identified for comprehensive support and improvement under section 1111(c)(4)(D)(i); ‘‘(iv) are implementing targeted support and improvement plans as described in section 1111(d)(2); or ‘‘(v) are identified as a persistently dangerous public elementary school or secondary school under section 8532; ‘‘(B) comply with section 8501 (regarding equitable participation by private school children and teachers); ‘‘(C) use not less than 20 percent of funds received under this subpart to support one or more of the activities authorized under section 4107; ‘‘(D) use not less than 20 percent of funds received under this subpart to support one or more activities author- ized under section 4108; ‘‘(E) use a portion of funds received under this subpart to support one or more activities authorized under section 4109(a), including an assurance that the local educational agency, or consortium of local educational agencies, will comply with section 4109(b); and ‘‘(F) annually report to the State for inclusion in the report described in section 4104(a)(2) how funds are being used under this subpart to meet the requirements of sub- paragraphs (C) through (E).

176 S. 1177—176 ‘‘(f) S R ULE .—Any local educational agency receiving an PECIAL allocation under section 4105(a)(1) in an amount less than $30,000 shall be required to provide only one of the assurances described in subparagraphs (C), (D), and (E) of subsection (e)(2). ‘‘SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL OPPORTUNITIES. ‘‘(a) I N ENERAL .—Subject to section 4106(f), each local edu- G cational agency, or consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to develop and implement programs and activities that support access to a well-rounded education and that— ‘‘(1) are coordinated with other schools and community- based services and programs; ‘‘(2) may be conducted in partnership with an institution of higher education, business, nonprofit organization, commu- nity-based organization, or other public or private entity with a demonstrated record of success in implementing activities under this section; and ‘‘(3) may include programs and activities, such as— ‘‘(A) college and career guidance and counseling pro- grams, such as— ‘‘(i) postsecondary education and career awareness and exploration activities; ‘‘(ii) training counselors to effectively use labor market information in assisting students with postsec- ondary education and career planning; and ‘‘(iii) financial literacy and Federal financial aid awareness activities; ‘‘(B) programs and activities that use music and the arts as tools to support student success through the pro- motion of constructive student engagement, problem solving, and conflict resolution; ‘‘(C) programming and activities to improve instruction and student engagement in science, technology, engineering, and mathematics, including computer science, (referred to in this section as ‘STEM subjects’) such as— ‘‘(i) increasing access for students through grade 12 who are members of groups underrepresented in such subject fields, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high- quality courses; ‘‘(ii) supporting the participation of low-income stu- dents in nonprofit competitions related to STEM sub- jects (such as robotics, science research, invention, mathematics, computer science, and technology com- petitions); ‘‘(iii) providing hands-on learning and exposure to science, technology, engineering, and mathematics and supporting the use of field-based or service learning to enhance the students’ understanding of the STEM subjects; ‘‘(iv) supporting the creation and enhancement of STEM-focused specialty schools; ‘‘(v) facilitating collaboration among school, after- school program, and informal program personnel to

177 S. 1177—177 improve the integration of programming and instruc- tion in the identified subjects; and ‘‘(vi) integrating other academic subjects, including the arts, into STEM subject programs to increase participation in STEM subjects, improve attainment of skills related to STEM subjects, and promote well- rounded education; ‘‘(D) efforts to raise student academic achievement through accelerated learning programs described in section 4104(b)(3)(A)(i)(IV), such as— ‘‘(i) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-income students are enrolled in acceler- ated learning courses and plan to take accelerated learning examinations; or ‘‘(ii) increasing the availability of, and enrollment in, accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment programs, and early college high school courses; ‘‘(E) activities to promote the development, implementation, and strengthening of programs to teach traditional American history, civics, economics, geography, or government education; ‘‘(F) foreign language instruction; ‘‘(G) environmental education; ‘‘(H) programs and activities that promote volunteerism and community involvement; ‘‘(I) programs and activities that support educational programs that integrate multiple disciplines, such as pro- grams that combine arts and mathematics; or ‘‘(J) other activities and programs to support student access to, and success in, a variety of well-rounded edu- cation experiences. ‘‘(b) S R ULE .—A local educational agency, or consortium PECIAL of such agencies, that receives a subgrant under this subpart for fiscal year 2017 may use such funds to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (a)(3)(D). ‘‘SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS. ‘‘Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under sec- tion 4105(a) shall use a portion of such funds to develop, implement, and evaluate comprehensive programs and activities that— ‘‘(1) are coordinated with other schools and community- based services and programs; ‘‘(2) foster safe, healthy, supportive, and drug-free environ- ments that support student academic achievement; ‘‘(3) promote the involvement of parents in the activity or program; ‘‘(4) may be conducted in partnership with an institution of higher education, business, nonprofit organization, commu- nity-based organization, or other public or private entity with a demonstrated record of success in implementing activities described in this section; and ‘‘(5) may include, among other programs and activities—

178 S. 1177—178 ‘‘(A) drug and violence prevention activities and pro- grams that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available) including— ‘‘(i) programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco prod- ucts, and electronic cigarettes; and ‘‘(ii) professional development and training for school and specialized instructional support personnel and interested community members in prevention, edu- cation, early identification, intervention mentoring, recovery support services and, where appropriate, rehabilitation referral, as related to drug and violence prevention; ‘‘(B) in accordance with sections 4001 and 4111— ‘‘(i) school-based mental health services, including early identification of mental health symptoms, drug use, and violence, and appropriate referrals to direct individual or group counseling services, which may be provided by school-based mental health services providers; and ‘‘(ii) school-based mental health services partner- ship programs that— ‘‘(I) are conducted in partnership with a public or private mental health entity or health care entity; and ‘‘(II) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are— ‘‘(aa) based on trauma-informed practices that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); ‘‘(bb) coordinated (where appropriate) with early intervening services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and ‘‘(cc) provided by qualified mental and behavioral health professionals who are cer- tified or licensed by the State involved and practicing within their area of expertise; ‘‘(C) programs or activities that— ‘‘(i) integrate health and safety practices into school or athletic programs; ‘‘(ii) support a healthy, active lifestyle, including nutritional education and regular, structured physical education activities and programs, that may address chronic disease management with instruction led by school nurses, nurse practitioners, or other appropriate specialists or professionals to help maintain the well- being of students; ‘‘(iii) help prevent bullying and harassment;

179 S. 1177—179 ‘‘(iv) improve instructional practices for developing relationship-building skills, such as effective commu- nication, and improve safety through the recognition and prevention of coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment; ‘‘(v) provide mentoring and school counseling to all students, including children who are at risk of academic failure, dropping out of school, involvement in criminal or delinquent activities, or drug use and abuse; ‘‘(vi) establish or improve school dropout and re- entry programs; or ‘‘(vii) establish learning environments and enhance students’ effective learning skills that are essential for school readiness and academic success, such as by providing integrated systems of student and family supports; ‘‘(D) high-quality training for school personnel, including specialized instructional support personnel, related to— ‘‘(i) suicide prevention; ‘‘(ii) effective and trauma-informed practices in classroom management; ‘‘(iii) crisis management and conflict resolution techniques; ‘‘(iv) human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)); ‘‘(v) school-based violence prevention strategies; ‘‘(vi) drug abuse prevention, including educating children facing substance abuse at home; and ‘‘(vii) bullying and harassment prevention; ‘‘(E) in accordance with sections 4001 and 4111, child sexual abuse awareness and prevention programs or activi- ties, such as programs or activities designed to provide— ‘‘(i) age-appropriate and developmentally-appro- priate instruction for students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and ‘‘(ii) information to parents and guardians of stu- dents about child sexual abuse awareness and preven- tion, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; ‘‘(F) designing and implementing a locally-tailored plan to reduce exclusionary discipline practices in elementary and secondary schools that— ‘‘(i) is consistent with best practices; ‘‘(ii) includes strategies that are evidence-based (to the extent the State, in consultation with local edu- cational agencies in the State, determines that such evidence is reasonably available); and

180 S. 1177—180 ‘‘(iii) is aligned with the long-term goal of prison reduction through opportunities, mentoring, interven- tion, support, and other education services, referred to as a ‘youth PROMISE plan’; or ‘‘(G) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), in order to improve academic outcomes and school condi- tions for student learning; ‘‘(H) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— ‘‘(i) establishing partnerships within the commu- nity to provide resources and support for schools; ‘‘(ii) ensuring that all service and community part- ners are aligned with the academic expectations of a community school in order to improve student suc- cess; and ‘‘(iii) strengthening relationships between schools and communities; or ‘‘(I) pay for success initiatives aligned with the pur- poses of this section. ‘‘SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECH- NOLOGY. ‘‘(a) U SES OF F UNDS .—Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under section 4015(a) shall use a portion of such funds to improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students, including by meeting the needs of such agency or consortium that are identified in the needs assessment conducted under section 4106(d) (if applicable), which may include— ‘‘(1) providing educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to— ‘‘(A) personalize learning to improve student academic achievement; ‘‘(B) discover, adapt, and share relevant high-quality educational resources; ‘‘(C) use technology effectively in the classroom, including by administering computer-based assessments and blended learning strategies; and ‘‘(D) implement and support school- and district-wide approaches for using technology to inform instruction, sup- port teacher collaboration, and personalize learning; ‘‘(2) building technological capacity and infrastructure, which may include— ‘‘(A) procuring content and ensuring content quality; and ‘‘(B) purchasing devices, equipment, and software applications in order to address readiness shortfalls; ‘‘(3) developing or using effective or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology;

181 S. 1177—181 ‘‘(4) carrying out blended learning projects, which shall include— ‘‘(A) planning activities, which may include develop- ment of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information tech- nology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities; or ‘‘(B) ongoing professional development for teachers, principals, other school leaders, or other personnel involved in the project that is designed to support the implementa- tion and academic success of the project; ‘‘(5) providing professional development in the use of tech- nology (which may be provided through partnerships with out- side organizations) to enable teachers and instructional leaders to increase student achievement in the areas of science, tech- nology, engineering, and mathematics, including computer science; and ‘‘(6) providing students in rural, remote, and underserved areas with the resources to take advantage of high-quality digital learning experiences, digital resources, and access to online courses taught by effective educators. ‘‘(b) S PECIAL ULE .—A local educational agency, or consortium R of such agencies, shall not use more than 15 percent of funds for purchasing technology infrastructure as described in subsection (a)(2)(B), which shall include technology infrastructure purchased for the activities under subsection (a)(4)(A). ‘‘SEC. 4110. SUPPLEMENT, NOT SUPPLANT. ‘‘Funds made available under this subpart shall be used to supplement, and not supplant, non-Federal funds that would other- wise be used for activities authorized under this subpart. ‘‘SEC. 4111. RULE OF CONSTRUCTION. ‘‘Nothing in this subpart may be construed to— ‘‘(1) authorize activities or programming that encourages teenage sexual activity; or ‘‘(2) prohibit effective activities or programming that meet the requirements of section 8526. ‘‘SEC. 4112. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) I N G ENERAL .—There are authorized to be appropriated to carry out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000 for each of fiscal years 2018 through 2020. ‘‘(b) F ORWARD F UNDING .—Section 420 of the General Education Provisions Act (20 U.S.C. 1223) shall apply to this subpart.’’. PART B—21ST CENTURY COMMUNITY LEARNING CENTERS SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS. (a) P ROGRAM A UTHORIZED .—Part B of title IV (20 U.S.C. 7171 et seq.) is amended to read as follows:

182 S. 1177—182 ‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS ‘‘SEC. 4201. PURPOSE; DEFINITIONS. .—The purpose of this part is to provide opportuni- ‘‘(a) P URPOSE ties 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, particu- larly students who attend low-performing schools, to meet the challenging State academic standards; ‘‘(2) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, arts, music, physical fitness and wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school stu- dents that are designed to reinforce and complement the regular academic program of participating students; and ‘‘(3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. ‘‘(b) D EFINITIONS .—In this part: ‘‘(1) C OMMUNITY LEARNING CENTER .—The term ‘community learning center’ means an entity that— ‘‘(A) assists students to meet the challenging State academic standards by providing the students with aca- demic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— ‘‘(i) reinforce and complement the regular academic programs of the schools attended by the students served; and ‘‘(ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and ‘‘(B) offers families of students served by such center opportunities for active and meaningful engagement in their children’s education, including opportunities for lit- eracy and related educational development. ‘‘(2) C OVERED PROGRAM .—The term ‘covered program’ means a program for which— ‘‘(A) the Secretary made a grant under this part (as this part was in effect on the day before the effective date of this part under the Every Student Succeeds Act); and ‘‘(B) the grant period had not ended on that effective date. ‘‘(3) E LIGIBLE ENTITY .—The term ‘eligible entity’ means a local educational agency, community-based organization, Indian

183 S. 1177—183 tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 450b)), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. ORGANIZATION .—The term ‘external XTERNAL ‘‘(4) E organization’ means— ‘‘(A) a nonprofit organization with a record of success in running or working with before and after school (or summer recess) programs and activities; or ‘‘(B) in the case of a community where there is no such organization, a nonprofit organization in the commu- nity that enters into a written agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance in running or working with before and after school (or summer recess) programs and activities. ‘‘(5) R - .—The term ‘rigorous IGOROUS PEER REVIEW PROCESS peer-review process’ means a process by which— ‘‘(A) employees of a State educational agency who are familiar with the programs and activities assisted under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; ‘‘(B) the State educational agency selects peer reviewers for such applications, who shall— ‘‘(i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and ‘‘(ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and ‘‘(C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. TATE .—The term ‘State’ means each of the 50 States, ‘‘(6) S the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘SEC. 4202. ALLOTMENTS TO STATES. ‘‘(a) R ESERVATION .—From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve— ‘‘(1) such amounts as may be necessary to make continu- ation awards to subgrant 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 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) S TATE A LLOTMENTS .—

184 S. 1177—184 ‘‘(1) D .—From the funds appropriated under ETERMINATION section 4206 for any fiscal year and remaining after the Sec- retary 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. .—If a State does not ‘‘(2) R EALLOTMENT OF UNUSED FUNDS receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this part. ‘‘(c) S TATE SE OF F UNDS .— U N GENERAL ‘‘(1) I .—Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. ‘‘(2) S TATE 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 respon- sibilities under this part; ‘‘(B) establishing and implementing a rigorous peer- review process for subgrant applications described in sec- tion 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and ‘‘(C) awarding of funds to eligible entities (in consulta- tion with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). ‘‘(3) S TATE ACTIVITIES .—A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities: ‘‘(A) Monitoring and evaluating programs and activities assisted under this part. ‘‘(B) Providing capacity building, training, and tech- nical assistance under this part. ‘‘(C) Conducting a comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of pro- grams and activities assisted under this part. ‘‘(D) Providing training and technical assistance to eligible entities that are applicants for or recipients of awards under this part. ‘‘(E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activi- ties provided by the program with the challenging State academic standards. ‘‘(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. ‘‘(G) Working with teachers, principals, parents, the local workforce, the local community, and other stake- holders to review and improve State policies and practices

185 S. 1177—185 to support the implementation of effective programs under this part. ‘‘(H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs. ‘‘(I) Providing a list of prescreened external organiza- tions, as described under section 4203(a)(11). ‘‘SEC. 4203. STATE APPLICATION. G ‘‘(a) I .—In order to receive an allotment under sec- N ENERAL tion 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— ‘‘(1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; ‘‘(2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities; ‘‘(3) contains an assurance that the State educational agency— ‘‘(A) will make awards under this part to eligible enti- ties that serve— ‘‘(i) students who primarily attend— ‘‘(I) schools implementing comprehensive sup- port and improvement activities or targeted sup- port and improvement activities under section 1111(d); and ‘‘(II) other schools determined by the local edu- cational agency to be in need of intervention and support; and ‘‘(ii) the families of such students; and ‘‘(B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i); ‘‘(4) describes the procedures and criteria the State edu- cational 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 consider- ation the likelihood that a proposed community learning center will help participating students meet the challenging State academic standards and any local academic standards; ‘‘(5) describes how the State educational agency will ensure that awards made under this part are— ‘‘(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and ‘‘(B) in amounts that are consistent with section 4204(h); ‘‘(6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordina- tion of professional development for staff in specific content areas and youth development; ‘‘(7) describes how programs under this part will be coordi- nated with programs under this Act, and other programs as appropriate;

186 S. 1177—186 ‘‘(8) contains an assurance that the State educational agency— ‘‘(A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and ‘‘(B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends; ‘‘(9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs; ‘‘(10) contains an assurance that the State educational agency will require eligible entities to describe in their applica- tions under section 4204(b) how the transportation needs of participating students will be addressed; ‘‘(11) describes how the State will— ‘‘(A) prescreen external organizations that could pro- vide assistance in carrying out the activities under this part; and ‘‘(B) develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; ‘‘(12) provides— ‘‘(A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before and after school (or summer recess) programs and activities, the heads of the State health and mental health agencies or their designees, statewide after-school networks (where applicable) and rep- resentatives of teachers, local educational agencies, and community-based organizations; and ‘‘(B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; ‘‘(13) describes the results of the State’s needs and resources assessment for before and after school (or summer recess) programs and activities, which shall be based on the results of on-going State evaluation activities; ‘‘(14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— ‘‘(A) a description of the performance indicators and performance measures that will be used to evaluate pro- grams and activities with emphasis on alignment with the regular academic program of the school and the aca- demic needs of participating students, including perform- ance indicators and measures that— ‘‘(i) are able to track student success and improve- ment over time; ‘‘(ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program

187 S. 1177—187 attendance, and on-time advancement to the next grade level; and ‘‘(iii) for high school students, may include indica- tors such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities; ‘‘(B) a description of how data collected for the purposes of subparagraph (A) will be collected; and ‘‘(C) public dissemination of the evaluations of pro- grams and activities carried out under this part; and ‘‘(15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. A PPROVAL .—An application submitted by a State EEMED ‘‘(b) D 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 applica- tion, that the application is not in compliance with this part. .—The Secretary shall not finally disapprove ISAPPROVAL ‘‘(c) D the application, except after giving the State educational agency notice and an opportunity for a hearing. ‘‘(d) N OTIFICATION .—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 oppor- tunity for a hearing; and ‘‘(2) notify the State educational agency of the finding of noncompliance and, in such notification— ‘‘(A) cite the specific provisions in the application that are not in compliance; and ‘‘(B) request additional information, only as to the non- compliant provisions, needed to make the application compliant. ESPONSE .—If the State educational agency responds to ‘‘(e) R 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 Sec- retary 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 sub- section (b). ‘‘(f) F AILURE TO R ESPOND .—If the State educational agency does not respond to the Secretary’s notification described in sub- section (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. IMITATION .—The Secretary may not give a priority or ‘‘(g) L a preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day. ‘‘SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM. ‘‘(a) I N G ENERAL .—

188 S. 1177—188 ‘‘(1) C .—A State that receives OMMUNITY LEARNING CENTERS funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part. XPANDED LEARNING PROGRAM ACTIVITIES .—A State ‘‘(2) E that receives funds under this part for a fiscal year may use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that— ‘‘(A) are included as part of an expanded learning program that provides students at least 300 additional program hours before, during, or after the traditional school day; ‘‘(B) supplement but do not supplant regular school day requirements; and ‘‘(C) are carried out by entities that meet the require- ments of subsection (i). ‘‘(b) A PPLICATION .— ‘‘(1) I .—To be eligible to receive a subgrant under N GENERAL 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) C ONTENTS .—Each application submitted under para- graph (1) shall include— ‘‘(A) a description of the activities to be funded, including— ‘‘(i) an assurance that the program will take place in a safe and easily accessible facility; ‘‘(ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and ‘‘(iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible; ‘‘(B) a description of how such activities are expected to improve student academic achievement as well as overall student success; ‘‘(C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; ‘‘(D) an assurance that the proposed program was developed and will be carried out— ‘‘(i) in active collaboration with the schools that participating students attend (including through the sharing of relevant data among the schools), all partici- pants of the eligible entity, and any partnership enti- ties described in subparagraph (H), in compliance with applicable laws relating to privacy and confidentiality; and ‘‘(ii) in alignment with the challenging State aca- demic standards and any local academic standards; ‘‘(E) a description of how the activities will meet the measures of effectiveness described in section 4205(b);

189 S. 1177—189 ‘‘(F) an assurance that the program will target students who primarily attend schools eligible for schoolwide pro- grams under section 1114 and the families of such students; ‘‘(G) an assurance that subgrant 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 activi- ties 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 avail- able resources for the community learning center, and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families); ‘‘(J) a demonstration that the eligible entity will use best practices, including research or evidence-based prac- tices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; ‘‘(K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends; ‘‘(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; ‘‘(M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encour- age and use appropriately qualified persons to serve as the volunteers; and ‘‘(N) such other information and assurances as the State educational agency may reasonably require. ‘‘(c) A C A PPLICATIONS .—The State edu- PPROVAL OF ERTAIN cational 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) P ERMISSIVE L OCAL M ATCH .— ‘‘(1) I .—A State educational agency may require N GENERAL an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the subgrant and may not be derived from other Federal or State funds. LIDING SCALE ‘‘(2) S .—The amount of a match under para- graph (1) shall be established based on a sliding scale that takes into account— ‘‘(A) the relative poverty of the population to be tar- geted by the eligible entity; and ‘‘(B) the ability of the eligible entity to obtain such matching funds.

190 S. 1177—190 ‘‘(3) I - KIND CONTRIBUTIONS .—Each State educational N 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 contribu- tions. ‘‘(4) C ONSIDERATION .—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 subgrants under this part. EER R EVIEW .—In reviewing local applications under this ‘‘(e) P part, a State educational agency shall use a rigorous peer-review process or other methods to ensure the quality of funded projects. ‘‘(f) G D .—To the extent practicable, a State EOGRAPHIC IVERSITY educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including urban and rural communities. ‘‘(g) D A WARDS .—A subgrant awarded under this URATION OF part shall be awarded for a period of not less than 3 years and not more than 5 years. ‘‘(h) A MOUNT OF A WARDS .—A subgrant awarded under this part may not be made in an amount that is less than $50,000. ‘‘(i) P .— RIORITY N GENERAL ‘‘(1) I .—In awarding subgrants under this part, a State educational agency shall give priority to applications— ‘‘(A) proposing to target services to— ‘‘(i) students who primarily attend schools that— ‘‘(I) are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) or other schools determined by the local edu- cational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and ‘‘(II) enroll students who may be at risk for academic failure, dropping out of school, involve- ment in criminal or delinquent activities, or who lack strong positive role models; and ‘‘(ii) the families of students described in clause (i); ‘‘(B) submitted jointly by eligible entities consisting of not less than 1— ‘‘(i) local educational agency receiving funds under part A of title I; and ‘‘(ii) another eligible entity; and ‘‘(C) demonstrating that the activities proposed in the application— ‘‘(i) are, as of the date of the submission of the application, not accessible to students who would be served; or ‘‘(ii) would expand accessibility to high-quality services that may be available in the community. ‘‘(2) S PECIAL 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 commu- nity-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part.

191 S. 1177—191 ‘‘(3) L .—A State educational agency may not give IMITATION a priority or a preference to eligible entities that seek to use funds made available under this part to extend the regular school day. A WARDS .—A State educational agency ‘‘(j) R ENEWABILITY OF may renew a subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the pre- ceding subgrant period. ‘‘SEC. 4205. LOCAL ACTIVITIES. UTHORIZED A CTIVITIES ‘‘(a) A .—Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including— ‘‘(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— ‘‘(A) the challenging State academic standards and any local academic standards; and ‘‘(B) local curricula that are designed to improve stu- dent academic achievement; ‘‘(2) well-rounded education activities, including such activi- ties that enable students to be eligible for credit recovery or attainment; ‘‘(3) literacy education programs, including financial lit- eracy programs and environmental literacy programs; ‘‘(4) programs that support a healthy and active lifestyle, including nutritional education and regular, structured physical activity programs; ‘‘(5) services for individuals with disabilities; ‘‘(6) programs that provide after-school activities for stu- dents who are English learners that emphasize language skills and academic achievement; ‘‘(7) cultural programs; ‘‘(8) telecommunications and technology education pro- grams; ‘‘(9) expanded library service hours; ‘‘(10) parenting skills programs that promote parental involvement and family literacy; ‘‘(11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; ‘‘(12) drug and violence prevention programs and counseling programs; ‘‘(13) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as ‘STEM’), including computer science, and that foster innova- tion in learning by supporting nontraditional STEM education teaching methods; and ‘‘(14) programs that partner with in-demand fields of the local workforce or build career competencies and career readi- ness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). ‘‘(b) M EASURES OF E FFECTIVENESS .—

192 S. 1177—192 ‘‘(1) I .—For a program or activity developed N GENERAL pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall— ‘‘(A) be based upon an assessment of objective data regarding the need for before and after school (or summer recess) programs and activities in the schools and commu- nities; ‘‘(B) be based upon an established set of performance measures aimed at ensuring the availability of high-quality academic enrichment opportunities; ‘‘(C) if appropriate, be based upon evidence-based research that the program or activity will help students meet the challenging State academic standards and any local academic standards; ‘‘(D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and ‘‘(E) collect the data necessary for the measures of student success described in subparagraph (D). ‘‘(2) P ERIODIC EVALUATION .— ‘‘(A) I N GENERAL .—The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program’s progress toward achieving the goal of providing high-quality opportunities for academic enrichment and overall student success. SE OF RESULTS .—The results of evaluations ‘‘(B) U under subparagraph (A) shall be— ‘‘(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; ‘‘(ii) made available to the public upon request, with public notice of such availability provided; and ‘‘(iii) used by the State to determine whether a subgrant is eligible to be renewed under section 4204(j). ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of fiscal years 2018 through 2020.’’. PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS SEC. 4301. CHARTER SCHOOLS. Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated by section 4001, is amended— (1) by striking sections 4301 through 4305, as redesignated by section 4001, and inserting the following: ‘‘SEC. 4301. PURPOSE. ‘‘It is the purpose of this part to—

193 S. 1177—193 ‘‘(1) improve the United States education system and edu- cation opportunities for all people in the United States by supporting innovation in public education in public school set- tings that prepare students to compete and contribute to the global economy and a stronger Nation; ‘‘(2) provide financial assistance for the planning, program design, and initial implementation of charter schools; ‘‘(3) increase the number of high-quality charter schools available to students across the United States; ‘‘(4) evaluate the impact of charter schools on student achievement, families, and communities, and share best prac- tices between charter schools and other public schools; ‘‘(5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount States typically provide for traditional public schools; ‘‘(6) expand opportunities for children with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State aca- demic standards; ‘‘(7) support efforts to strengthen the charter school author- izing process to improve performance management, including transparency, oversight and monitoring (including financial audits), and evaluation of such schools; and ‘‘(8) support quality, accountability, and transparency in the operational performance of all authorized public chartering agencies, including State educational agencies, local educational agencies, and other authorizing entities. ‘‘SEC. 4302. PROGRAM AUTHORIZED. ‘‘(a) I N G ENERAL .—The Secretary may carry out a charter school program that supports charter schools that serve early childhood, elementary school, or secondary school students by— ‘‘(1) supporting the startup of new charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; ‘‘(2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and ‘‘(3) carrying out national activities to support— ‘‘(A) the activities described in paragraph (1); ‘‘(B) the dissemination of best practices of charter schools for all schools; ‘‘(C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and ‘‘(D) stronger charter school authorizing practices. ‘‘(b) F UNDING A LLOTMENT .—From the amount made available under section 4311 for a fiscal year, the Secretary shall— ‘‘(1) reserve 12.5 percent to support charter school facilities assistance under section 4304; ‘‘(2) reserve 22.5 percent to carry out national activities under section 4305; and ‘‘(3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 4303. ‘‘(c) P RIOR G RANTS AND S UBGRANTS .—The recipient of a grant or subgrant under part B of title V (as such part was in effect on the day before the date of enactment of the Every Student

194 S. 1177—194 Succeeds Act) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. ‘‘SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. E D EFINED .—For purposes of this section, the TATE NTITY ‘‘(a) S term ‘State entity’ means— ‘‘(1) a State educational agency; ‘‘(2) a State charter school board; ‘‘(3) a Governor of a State; or ‘‘(4) a charter school support organization. ROGRAM A UTHORIZED .—From the amount available under ‘‘(b) P section 4302(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— ‘‘(1) award subgrants to eligible applicants to enable eligible applicants to— ‘‘(A) open and prepare for the operation of new charter schools; ‘‘(B) open and prepare for the operation of replicated high-quality charter schools; or ‘‘(C) expand high-quality charter schools; and ‘‘(2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activi- ties described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal over- sight and auditing of charter schools. ‘‘(c) S TATE E NTITY U SES OF F UNDS .— N GENERAL .—A State entity receiving a grant under ‘‘(1) I this section shall— ‘‘(A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to subsection (f), for the purposes described in subsection (b)(1); ‘‘(B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and ‘‘(C) reserve not more than 3 percent of such funds for administrative costs, which may include technical assistance. ‘‘(2) C ONTRACTS AND GRANTS .—A State entity may use a grant received under this section to carry out the activities described in subsection (b)(2) directly or through grants, con- tracts, or cooperative agreements. ‘‘(3) R ULE OF CONSTRUCTION .— ‘‘(A) U SE OF LOTTERY .—Nothing in this Act shall pro- hibit the Secretary from awarding grants to State entities, or prohibit State entities from awarding subgrants to eligible applicants, that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if— ‘‘(i) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 4310(2)(G); and

195 S. 1177—195 ‘‘(ii) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a par- ticular subset of students. TUDENTS WITH SPECIAL NEEDS .—Nothing in this ‘‘(B) S paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing. ROGRAM P ERIODS ; P EER R EVIEW ; D ISTRIBUTION OF S ‘‘(d) P - UB GRANTS AIVERS .— ; W ROGRAM PERIODS ‘‘(1) P .— ‘‘(A) G .—A grant awarded by the Secretary to RANTS a State entity under this section shall be for a period of not more than 5 years. ‘‘(B) S UBGRANTS .—A subgrant awarded by a State entity under this section shall be for a period of not more than 5 years, of which an eligible applicant may use not more than 18 months for planning and program design. ‘‘(2) P EER REVIEW .—The Secretary, and each State entity awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section. RANT AWARDS ‘‘(3) G .— ‘‘(A) I N GENERAL .—The Secretary— ‘‘(i) shall for each fiscal year for which funds are appropriated under section 4311— ‘‘(I) award not less than 3 grants under this section; and ‘‘(II) fully obligate the first 2 years of funds appropriated for the purpose of awarding grants under this section in the first fiscal year for which such grants are awarded; and ‘‘(ii) prior to the start of the third year of the grant period and each succeeding year of each grant awarded under this section to a State entity— ‘‘(I) shall review— ‘‘(aa) whether the State entity is using the grant funds for the agreed upon uses of funds; and ‘‘(bb) whether the full amount of the grant will be needed for the remainder of the grant period; and ‘‘(II) may, as determined necessary based on that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other State entities— ‘‘(aa) by using such funds to award grants under this section to other State entities; or ‘‘(bb) in a fiscal year in which the amount of such remaining funds is insufficient to award grants under item (aa), in accordance with subparagraph (B). ‘‘(B) R EMAINING FUNDING .—For a fiscal year for which there are remaining grant funds under this paragraph, but the amount of such funds is insufficient to award a grant to a State entity under this section, the Secretary shall use such remaining grants funds—

196 S. 1177—196 ‘‘(i) to supplement funding for grants under section 4305(a)(2), but not to supplant— ‘‘(I) the funds reserved under section 4305(a)(2); and ‘‘(II) funds otherwise reserved under section 4302(b)(2) to carry out national activities under section 4305; ‘‘(ii) to award grants to State entities to carry out the activities described in subsection (b)(1) for the next fiscal year; or ‘‘(iii) to award one year of a grant under subsection (b)(1) to a high-scoring State entity, in an amount at or above the minimum amount the State entity needs to be successful for such year. ‘‘(4) D IVERSITY OF PROJECTS .—Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— ‘‘(A) are distributed throughout different areas, including urban, suburban, and rural areas; and ‘‘(B) will assist charter schools representing a variety of educational approaches. ‘‘(5) W AIVERS .—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to the elements of a charter school described in section 4310(2), if— ‘‘(A) the waiver is requested in an approved application under this section; and ‘‘(B) the Secretary determines that granting such waiver will promote the purpose of this part. ‘‘(e) L IMITATIONS .— ‘‘(1) G RANTS .—No State entity may receive a grant under this section for use in a State in which a State entity is currently using a grant received under this section. UBGRANTS .—An eligible applicant may not receive ‘‘(2) S more than 1 subgrant under this section for each individual charter school for a 5-year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least 3 years of improved educational results for students enrolled in such charter school with respect to the elements described in subparagraphs (A) and (D) of section 4310(8). ‘‘(f) A PPLICATIONS .—A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: ‘‘(1) D ESCRIPTION OF PROGRAM .—A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— ‘‘(A) a description of how the State entity will— ‘‘(i) support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools (including the proposed number of new charter schools to be

197 S. 1177—197 opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded under the State entity’s program); ‘‘(ii) inform eligible charter schools, developers, and authorized public chartering agencies of the avail- ability of funds under the program; ‘‘(iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools— ‘‘(I) participate in the Federal programs in which the schools and students are eligible to participate; ‘‘(II) receive the commensurate share of Fed- eral funds the schools and students are eligible to receive under such programs; and ‘‘(III) meet the needs of students served under such programs, including students with disabilities and English learners; ‘‘(iv) ensure that authorized public chartering agencies, in collaboration with surrounding local edu- cational agencies where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools; ‘‘(v) in the case of a State entity that is not a State educational agency— ‘‘(I) work with the State educational agency and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and ‘‘(II) work with the State educational agency to operate the State entity’s program under this section, if applicable; ‘‘(vi) ensure that each eligible applicant that receives a subgrant under the State entity’s program— ‘‘(I) is using funds provided under this section for one of the activities described in subsection (b)(1); and ‘‘(II) is prepared to continue to operate charter schools funded under this section in a manner consistent with the eligible applicant’s application for such subgrant once the subgrant funds under this section are no longer available; ‘‘(vii) support— ‘‘(I) charter schools in local educational agen- cies with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and ‘‘(II) the use of charter schools to improve struggling schools, or to turn around struggling schools; ‘‘(viii) work with charter schools on—

198 S. 1177—198 ‘‘(I) recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); and ‘‘(II) supporting all students once they are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom; ‘‘(ix) share best and promising practices between charter schools and other public schools; ‘‘(x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabil- ities and English learners; ‘‘(xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D); ‘‘(xii)(I) in the case of a State entity not described in subclause (II), a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and re-approving or revoking the authority of an authorized public char- tering agency based on the performance of the charter schools authorized by such agency in the areas of stu- dent achievement, student safety, financial and oper- ational management, and compliance with all applicable statutes and regulations; and ‘‘(II) in the case of a State entity described in subsection (a)(4), a description of how the State entity will work with the State to support the State’s system of technical assistance and oversight, as described in subclause (I), of the authorizing activity of authorized public chartering agencies; and ‘‘(xiii) work with eligible applicants receiving a subgrant under the State entity’s program to support the opening of new charter schools or charter school models described in clause (i) that are high schools; ‘‘(B) a description of the extent to which the State entity— ‘‘(i) is able to meet and carry out the priorities described in subsection (g)(2); ‘‘(ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high- quality charter schools, and the expansion of high- quality charter schools; and ‘‘(iii) is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and local educational agencies on the sharing of best practices; ‘‘(C) a description of how the State entity will award subgrants, on a competitive basis, including—

199 S. 1177—199 ‘‘(i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— ‘‘(I) a description of the roles and responsibil- ities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities of such partners; ‘‘(II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school’s performance in the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revoca- tion of the school’s charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school’s charter based on financial, struc- tural, or operational factors involving the manage- ment of the school; ‘‘(III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 4310; ‘‘(IV) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the State entity’s program; ‘‘(V) a description of the eligible applicant’s planned activities and expenditures of subgrant funds to support the activities described in sub- section (b)(1), and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and ‘‘(VI) a description of how the eligible applicant will support the use of effective parent, family, and community engagement strategies to operate each charter school that will receive funds under the State entity’s program; and ‘‘(ii) a description of how the State entity will review applications from eligible applicants; ‘‘(D) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; ‘‘(E) a description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the transportation needs of the school’s students; ‘‘(F) a description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws; and

200 S. 1177—200 ‘‘(G) a description of how the State entity will support diverse charter school models, including models that serve rural communities. .—Assurances that— SSURANCES ‘‘(2) A ‘‘(A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over per- sonnel decisions; ‘‘(B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x); ‘‘(C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners; ‘‘(D) the State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in clause (viii) of paragraph (1)(A) and subpara- graph (B) of this paragraph; ‘‘(E) the State entity will promote quality authorizing, consistent with State law, such as through providing tech- nical assistance to support each authorized public char- tering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by— ‘‘(i) assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attri- tion; ‘‘(ii) reviewing the schools’ independent, annual audits of financial statements prepared in accordance with generally accepted accounting principles, and ensuring that any such audits are publically reported; and ‘‘(iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the author- ized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; ‘‘(F) the State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and ‘‘(G) the State entity will ensure that each charter school receiving funds under the State entity’s program makes publicly available, consistent with the dissemination requirements of the annual State report card under section 1111(h), including on the website of the school, information to help parents make informed decisions about the edu- cation options available to their children, including— ‘‘(i) information on the educational program; ‘‘(ii) student support services;

201 S. 1177—201 ‘‘(iii) parent contract requirements (as applicable), including any financial obligations or fees; ‘‘(iv) enrollment criteria (as applicable); and ‘‘(v) annual performance and enrollment data for each of the subgroups of students, as defined in section 1111(c)(2), except that such disaggregation of perform- ance and enrollment data shall not be required in a case in which the number of students in a group is insufficient to yield statically reliable information or the results would reveal personally identifiable information about an individual student. ‘‘(3) R EQUESTS FOR WAIVERS .—Information about waivers, including— ‘‘(A) a request and justification for waivers of any Fed- eral statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under this section or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request such necessary waivers, where applicable; and ‘‘(B) a description of any State or local rules, generally applicable to public schools, that will be waived, or other- wise not apply to such schools. ‘‘(g) S ELECTION C RITERIA ; P RIORITY .— ‘‘(1) S ELECTION CRITERIA .—The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— ‘‘(A) the degree of flexibility afforded by the State’s charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law; ‘‘(B) the ambitiousness of the State entity’s objectives for the quality charter school program carried out under this section; ‘‘(C) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students; ‘‘(D) the State entity’s plan to— ‘‘(i) adequately monitor the eligible applicants receiving subgrants under the State entity’s program; ‘‘(ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agen- cies; and ‘‘(iii) provide technical assistance and support for— ‘‘(I) the eligible applicants receiving subgrants under the State entity’s program; and ‘‘(II) quality authorizing efforts in the State; and ‘‘(E) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State.

202 S. 1177—202 ‘‘(2) P .—In awarding grants under this section, the RIORITY Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: ‘‘(A) The State entity is located in a State that— ‘‘(i) allows at least one entity that is not a local educational agency to be an authorized public char- tering agency for developers seeking to open a charter school in the State; or ‘‘(ii) in the case of a State in which local edu- cational agencies are the only authorized public char- tering agencies, the State has an appeals process for the denial of an application for a charter school. ‘‘(B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. ‘‘(C) The State entity is located in a State that provides charter schools one or more of the following: ‘‘(i) Funding for facilities. ‘‘(ii) Assistance with facilities acquisition. ‘‘(iii) Access to public facilities. ‘‘(iv) The ability to share in bonds or mill levies. ‘‘(v) The right of first refusal to purchase public school buildings. ‘‘(vi) Low- or no-cost leasing privileges. ‘‘(D) The State entity is located in a State that uses best practices from charter schools to help improve strug- gling schools and local educational agencies. ‘‘(E) The State entity supports charter schools that serve at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services. ‘‘(F) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. ‘‘(h) L U SES OF F UNDS OCAL .—An eligible applicant receiving a subgrant under this section shall use such funds to support the activities described in subsection (b)(1), which shall include one or more of the following activities: ‘‘(1) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying the costs associated with— ‘‘(A) providing professional development; and ‘‘(B) hiring and compensating, during the eligible applicant’s planning period specified in the application for subgrant funds that is required under this section, one or more of the following: ‘‘(i) Teachers. ‘‘(ii) School leaders. ‘‘(iii) Specialized instructional support personnel. ‘‘(2) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and acquiring instructional materials). ‘‘(3) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities repairs (excluding construc- tion).

203 S. 1177—203 ‘‘(4) Providing one-time, startup costs associated with pro- viding transportation to students to and from the charter school. ‘‘(5) Carrying out community engagement activities, which may include paying the cost of student and staff recruitment. ‘‘(6) Providing for other appropriate, non-sustained costs related to the activities described in subsection (b)(1) when such costs cannot be met from other sources. ‘‘(i) R EQUIREMENTS .—Each State entity receiving EPORTING R a grant under this section shall submit to the Secretary, at the end of the third year of the 5-year grant period (or at the end of the second year of the grant period if the grant is less than 5 years), and at the end of such grant period, a report that includes the following: ‘‘(1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant. ‘‘(2) A description of how the State entity met the objectives of the quality charter school program described in the State entity’s application under subsection (f), including— ‘‘(A) how the State entity met the objective of sharing best and promising practices described in subsection (f)(1)(A)(ix) in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools; and ‘‘(B) if known, the extent to which such practices were adopted and implemented by such other public schools. ‘‘(3) The number and amount of subgrants awarded under this section to carry out activities described in each of subpara- graphs (A) through (C) of subsection (b)(1). ‘‘(4) A description of— ‘‘(A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances included in the State entity’s application; and ‘‘(B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that received subgrant funds under this section, if applicable. ‘‘SEC. 4304. FACILITIES FINANCING ASSISTANCE. ‘‘(a) G E LIGIBLE E NTITIES .— RANTS TO ‘‘(1) I N GENERAL .—From the amount reserved under section 4302(b)(1), the Secretary shall use not less than 50 percent to award, on a competitive basis, not less than 3 grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of helping charter schools to address the cost of acquiring, con- structing, and renovating facilities by enhancing the availability of loans or bond financing. ‘‘(2) E LIGIBLE ENTITY DEFINED .—For the purposes of this section, the term ‘eligible entity’ means— ‘‘(A) a public entity, such as a State or local govern- mental entity; ‘‘(B) a private nonprofit entity; or

204 S. 1177—204 ‘‘(C) a consortium of entities described in subpara- graphs (A) and (B). ‘‘(b) G ELECTION .—The Secretary shall evaluate each RANTEE S application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. ‘‘(c) G HARACTERISTICS .—Grants under subsection (a) RANT C shall be of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or ren- ovation. PPLICATIONS ‘‘(d) A .— ‘‘(1) I .—An eligible entity desiring to receive N GENERAL a grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require. ‘‘(2) C ONTENTS .—An application submitted under para- graph (1) shall contain— ‘‘(A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; ‘‘(B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; ‘‘(C) a description of the eligible entity’s expertise in capital market financing; ‘‘(D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the eligible entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the eligible entity under this section; ‘‘(E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and ‘‘(F) in the case of an application submitted by a State governmental entity, a description of the actions that the eligible entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities. ‘‘(e) C HARTER CHOOL O BJECTIVES .—An eligible entity receiving S a grant under subsection (a) shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives: ‘‘(1) The acquisition (by purchase, lease, donation, or other- wise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unim- proved real property that is necessary to commence or continue the operation of a charter school. ‘‘(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.

205 S. 1177—205 ‘‘(3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and that are necessary to commence or continue the operation of a charter school. A CCOUNT .— ‘‘(f) R ESERVE .—To assist charter schools in accom- SE OF FUNDS ‘‘(1) U plishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accord- ance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account estab- lished and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: ‘‘(A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). ‘‘(B) Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e). ‘‘(C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. ‘‘(D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). ‘‘(2) I NVESTMENT .—Funds received under subsection (a) and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. ‘‘(3) R .—Any earnings on funds EINVESTMENT OF EARNINGS received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with this subsection. ‘‘(g) L A IMITATION ON C OSTS .—An eligible entity DMINISTRATIVE may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its respon- sibilities under this section (excluding subsection (k)). ‘‘(h) A UDITS AND R EPORTS .— ‘‘(1) F .—The INANCIAL RECORD MAINTENANCE AND AUDIT financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. ‘‘(2) R EPORTS .— ‘‘(A) G RANTEE ANNUAL REPORTS .—Each eligible entity receiving a grant under subsection (a) shall submit to the Secretary an annual report of the entity’s operations and activities under this section (excluding subsection (k)). ‘‘(B) C ONTENTS .—Each annual report submitted under subparagraph (A) shall include—

206 S. 1177—206 ‘‘(i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; ‘‘(ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; ‘‘(iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; ‘‘(iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; ‘‘(v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and ‘‘(vi) a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period. ‘‘(C) S ECRETARIAL REPORT .—The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding sub- section (k)). .— O F ULL F AITH AND C REDIT FOR G RANTEE O BLIGATION ‘‘(i) N No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaran- teed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds that may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. ECOVERY OF .— UNDS F ‘‘(j) R ‘‘(1) I N GENERAL .—The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— ‘‘(A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under sub- section (a), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or ‘‘(B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection (f)(1). ‘‘(2) E XERCISE OF AUTHORITY .—The Secretary shall not exer- cise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used

207 S. 1177—207 to achieve one or more of the purposes described in subsection (f)(1). ‘‘(3) P ROCEDURES .—The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). ‘‘(4) C .—This subsection shall not be construed ONSTRUCTION to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.). -P ‘‘(k) P F ACILITIES A ID P ROGRAM .— ER UPIL ‘‘(1) D - PUPIL FACILITIES AID PROGRAM .— EFINITION OF PER In this subsection, the term ‘per-pupil facilities aid program’ means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— ‘‘(A) that is dedicated solely to funding charter school facilities; or ‘‘(B) a portion of which is dedicated for funding charter school facilities. ‘‘(2) G .— RANTS N GENERAL .—From the amount reserved under ‘‘(A) I section 4302(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. ‘‘(B) P ERIOD .—The Secretary shall award grants under this subsection for periods of not more than 5 years. ‘‘(C) F .—The Federal share of the cost EDERAL SHARE described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— ‘‘(i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; ‘‘(ii) 80 percent for the second such year; ‘‘(iii) 60 percent for the third such year; ‘‘(iv) 40 percent for the fourth such year; and ‘‘(v) 20 percent for the fifth such year. ‘‘(D) S .—A State receiving a grant under TATE SHARE this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. ‘‘(E) M ULTIPLE GRANTS .—A State may receive more than 1 grant under this subsection, so long as the amount of total funds provided to charter schools increases with each successive grant. ‘‘(3) U SE OF FUNDS .— N GENERAL .—A State that receives a grant under ‘‘(A) I this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per- pupil facilities aid program for charter schools in the State of the applicant. ; VALUATIONS ; TECHNICAL ASSISTANCE ‘‘(B) E DISSEMINA - TION .—From the amount made available to a State through a grant under this subsection for a fiscal year, the State

208 S. 1177—208 may reserve not more than 5 percent to carry out evalua- tions, to provide technical assistance, and to disseminate information. , NOT SUPPLANT .—Funds made avail- ‘‘(C) S UPPLEMENT able under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. .— ‘‘(4) R EQUIREMENTS .—No State may be ‘‘(A) V OLUNTARY PARTICIPATION required to participate in a program carried out under this subsection. ‘‘(B) S TATE LAW .— ‘‘(i) I .—To be eligible to receive a grant N GENERAL under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid pro- gram for charter schools in the State, that— ‘‘(I) is specified in State law; and ‘‘(II) provides annual financing, on a per-pupil basis, for charter school facilities. ‘‘(ii) S .—A State that is required under PECIAL RULE State law to provide its charter schools with access to adequate facility space, but that does not have a per-pupil facilities aid program for charter schools specified in State law, is eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program con- sistent with the requirements of this subsection. ‘‘(5) A PPLICATIONS .—To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ‘‘SEC. 4305. NATIONAL ACTIVITIES. N G ENERAL .—From the amount reserved under section ‘‘(a) I 4302(b)(2), the Secretary shall— ‘‘(1) use not more than 80 percent of such funds to award grants in accordance with subsection (b); ‘‘(2) use not more than 9 percent of such funds to award grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 4303(h) in a State that did not receive a grant under section 4303; and ‘‘(3) after the uses described in paragraphs (1) and (2), use the remainder of such funds to— ‘‘(A) disseminate technical assistance to— ‘‘(i) State entities in awarding subgrants under section 4303(b)(1); and ‘‘(ii) eligible entities and States receiving grants under section 4304; ‘‘(B) disseminate best practices regarding charter schools; and ‘‘(C) evaluate the impact of the charter school program carried out under this part, including the impact on student achievement. ‘‘(b) G RANTS FOR THE R EPLICATION AND E XPANSION OF H IGH - QUALITY C HARTER S CHOOLS .—

209 S. 1177—209 ‘‘(1) I .—The Secretary shall make grants, on N GENERAL a competitive basis, to eligible entities having applications approved under paragraph (3) to enable such entities to open and prepare for the operation of one or more replicated high- quality charter schools or to expand one or more high-quality charter schools. ‘‘(2) D .—For purposes of this EFINITION OF ELIGIBLE ENTITY subsection, the term ‘eligible entity’ means a charter manage- ment organization. REQUIREMENTS .—An eligible entity PPLICATION ‘‘(3) A desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: CHARTER SCHOOL DATA .—For each XISTING ‘‘(A) E charter school currently operated or managed by the eligible entity— ‘‘(i) student assessment results for all students and for each subgroup of students described in section 1111(c)(2); ‘‘(ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates; and ‘‘(iii) information on any significant compliance and management issues encountered within the last 3 school years by any school operated or managed by the eligible entity, including in the areas of student safety and finance. ‘‘(B) D .—A description of— ESCRIPTIONS ‘‘(i) the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools the eligible entity proposes to open as a result of the rep- lication of a high-quality charter school or to expand with funding under this subsection; ‘‘(ii) the educational program that the eligible entity will implement in such charter schools, including— ‘‘(I) information on how the program will enable all students to meet the challenging State academic standards; ‘‘(II) the grade levels or ages of students who will be served; and ‘‘(III) the instructional practices that will be used; ‘‘(iii) how the operation of such charter schools will be sustained after the grant under this subsection has ended, which shall include a multi-year financial and operating model for the eligible entity; ‘‘(iv) how the eligible entity will ensure that such charter schools will recruit and enroll students, including children with disabilities, English learners, and other educationally disadvantaged students; and

210 S. 1177—210 ‘‘(v) any request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of such charter schools. .—An assurance that the eligible entity ‘‘(C) A SSURANCE has sufficient procedures in effect to ensure timely closure of low-performing or financially mismanaged charter schools and clear plans and procedures in effect for the students in such schools to attend other high-quality schools. CRITERIA .—The Secretary shall select ‘‘(4) S ELECTION eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (3), after taking into consideration such factors as— ‘‘(A) the degree to which the eligible entity has dem- onstrated success in increasing academic achievement for all students and for each of the subgroups of students described in section 1111(c)(2) attending the charter schools the eligible entity operates or manages; ‘‘(B) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— ‘‘(i) have been closed; ‘‘(ii) have had the school’s charter revoked due to problems with statutory or regulatory compliance; or ‘‘(iii) have had the school’s affiliation with the eligible entity revoked or terminated, including through voluntary disaffiliation; and ‘‘(C) a determination that the eligible entity has not experienced significant problems with statutory or regu- latory compliance that could lead to the revocation of a school’s charter. ‘‘(5) P RIORITY .—In awarding grants under this section, the Secretary shall give priority to eligible entities that— ‘‘(A) plan to operate or manage high-quality charter schools with racially and socioeconomically diverse student bodies; ‘‘(B) demonstrate success in working with schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); ‘‘(C) propose to use funds— ‘‘(i) to expand high-quality charter schools to serve high school students; or ‘‘(ii) to replicate high-quality charter schools to serve high school students; or ‘‘(D) propose to operate or manage high-quality charter schools that focus on dropout recovery and academic reentry. ‘‘(c) T ERMS AND C ONDITIONS .—Except as otherwise provided, grants awarded under paragraphs (1) and (2) of subsection (a) shall have the same terms and conditions as grants awarded to State entities under section 4303.’’; (2) in section 4306 (20 U.S.C. 7221e), as redesignated by section 4001, by adding at the end the following: ‘‘(c) N EW OR S IGNIFICANTLY E XPANDING C HARTER S CHOOLS .— For purposes of implementing the hold harmless protections in

211 S. 1177—211 sections 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under this part, a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school.’’; (3) in section 4308 (20 U.S.C. 7221g), as redesignated by section 4001, by inserting ‘‘as quickly as possible and’’ before ‘‘to the extent practicable’’; (4) in section 4310 (20 U.S.C. 7221i), as redesignated by section 4001— (A) in the matter preceding paragraph (1), by striking ‘‘subpart’’ and inserting ‘‘part’’; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (C) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by subparagraph (B); (D) in paragraph (2), as redesignated by subparagraph (B)— (i) in subparagraph (G), by striking ‘‘, and part B’’ and inserting ‘‘, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ‘Family Edu- cational Rights and Privacy Act of 1974’), and part B’’; (ii) by striking subparagraph (H) and inserting the following: ‘‘(H) is a school to which parents choose to send their children, and that— ‘‘(i) admits students on the basis of a lottery, con- sistent with section 4303(c)(3)(A), if more students apply for admission than can be accommodated; or ‘‘(ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls stu- dents who are enrolled in the immediate prior grade level of the affiliated charter school and, for any addi- tional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i);’’; (iii) by striking subparagraph (I) and inserting the following: ‘‘(I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State;’’; (iv) in subparagraph (K), by striking ‘‘and’’ at the end; (v) in subparagraph (L), by striking the period at the end and inserting ‘‘; and’’; and (vi) by adding at the end the following: ‘‘(M) may serve students in early childhood education programs or postsecondary students.’’;

212 S. 1177—212 (E) by inserting after paragraph (2), as redesignated by subparagraph (B), the following: ‘‘(3) C ORGANIZATION .—The term HARTER MANAGEMENT ‘charter management organization’ means a nonprofit organiza- tion that operates or manages a network of charter schools linked by centralized support, operations, and oversight. ‘‘(4) C .—The term HARTER SCHOOL SUPPORT ORGANIZATION ‘charter school support organization’ means a nonprofit, non- governmental entity that is not an authorized public chartering agency and provides, on a statewide basis— ‘‘(A) assistance to developers during the planning, pro- gram design, and initial implementation of a charter school; and ‘‘(B) technical assistance to operating charter schools.’’; (F) in paragraph (6)(B), as redesignated by subpara- graph (B), by striking ‘‘under section 5203(d)(3)’’; and (G) by adding at the end the following: ‘‘(7) E XPAND .—The term ‘expand’, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school. ‘‘(8) H IGH - QUALITY CHARTER SCHOOL .—The term ‘high- quality charter school’ means a charter school that— ‘‘(A) shows evidence of strong academic results, which may include strong student academic growth, as deter- mined by a State; ‘‘(B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance; ‘‘(C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and ‘‘(D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section 1111(c)(2), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifi- able information about an individual student. ‘‘(9) R .—The term ‘replicate’, when used with EPLICATE respect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high- quality charter school, under an existing charter or an addi- tional charter, if permitted or required by State law.’’; and (5) by striking section 4311 (20 U.S.C. 7221j), as redesig- nated by section 4001, and inserting the following: ‘‘SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this part— ‘‘(1) $270,000,000 for fiscal year 2017; ‘‘(2) $270,000,000 for fiscal year 2018; ‘‘(3) $300,000,000 for fiscal year 2019; and ‘‘(4) $300,000,000 for fiscal year 2020.’’.

213 S. 1177—213 PART D—MAGNET SCHOOLS ASSISTANCE SEC. 4401. MAGNET SCHOOLS ASSISTANCE. Part D of title IV (20 U.S.C. 7201 et seq.), as amended by section 4001(b)(3), is further amended— (1) in section 4401— (A) in subsection (a)(2)— (i) by striking ‘‘2,000,000’’ and inserting ‘‘2,500,000’’; and (ii) by striking ‘‘65’’ and inserting ‘‘69’’; and (B) in subsection (b)— (i) in paragraph (2)— (I) by striking ‘‘and implementation’’ and inserting ‘‘, implementation, and expansion’’; and (II) by striking ‘‘content standards and student academic achievement standards’’ and inserting ‘‘standards’’; (ii) in paragraph (3), by striking ‘‘and design’’ and inserting ‘‘, design, and expansion’’; (iii) in paragraph (4), by striking ‘‘vocational’’ and inserting ‘‘career’’; and (iv) in paragraph (6), by striking ‘‘productive’’; (2) in section 4405(b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting ‘‘any available evidence on, or if such evidence is not available, a rationale, based on current research, for’’ before ‘‘how the proposed magnet school programs’’; (ii) in subparagraph (B), by inserting ‘‘, including any evidence, or if such evidence is not available, a rationale based on current research findings, to support such description’’ before the semicolon; (iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (iv) by inserting after subparagraph (C) the fol- lowing: ‘‘(D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and integration;’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘section 5301(b)’’ and inserting ‘‘section 4401(b)’’; and (ii) in subparagraph (B), by striking ‘‘highly quali- fied’’ and inserting ‘‘effective’’; (3) in section 4406, by striking paragraphs (2) and (3) and inserting the following: ‘‘(2) propose to— ‘‘(A) carry out a new, evidence-based magnet school program; ‘‘(B) significantly revise an existing magnet school pro- gram, using evidence-based methods and practices, as available; or ‘‘(C) replicate an existing magnet school program that has a demonstrated record of success in increasing student academic achievement and reducing isolation of minority groups;

214 S. 1177—214 ‘‘(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and ‘‘(4) propose to increase racial integration by taking into account socioeconomic diversity in designing and implementing magnet school programs.’’; (4) in section 4407— (A) in subsection (a)— (i) in paragraph (3), by striking ‘‘highly qualified’’ and inserting ‘‘effective’’; (ii) in paragraph (6), by striking ‘‘and’’ at the end; (iii) in paragraph (7), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ‘‘(8) to enable the local educational agency, or consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen inter- district and regional magnet programs; and ‘‘(9) notwithstanding section 426 of the General Education Provisions Act (20 U.S.C. 1228), to provide transportation to and from the magnet school, provided that— ‘‘(A) such transportation is sustainable beyond the grant period; and ‘‘(B) the costs of providing transportation do not rep- resent a significant portion of the grant funds received by the eligible local educational agency under this part .’’; and (B) by striking subsection (b) and inserting the fol- lowing: ‘‘(b) S PECIAL R ULE .—Grant funds under this part may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student academic achievement based on the challenging State 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.’’; (5) in section 4408— (A) in subsection (a), by striking ‘‘3’’ and inserting ‘‘5’’; (B) by striking subsection (c) and inserting the fol- lowing: ‘‘(c) A MOUNT .—No grant awarded under this part to a local educational agency, or a consortium of such agencies, shall be for more than $15,000,000 for the grant period described in sub- section (a).’’; and (C) in subsection (d), by striking ‘‘July’’ and inserting ‘‘June’’; (6) in section 4409— (A) by striking subsection (a) and inserting the fol- lowing: ‘‘(a) A UTHORIZATION .—There are authorized to be appropriated to carry out this part the following amounts: ‘‘(1) $94,000,000 for fiscal year 2017. ‘‘(2) $96,820,000 for fiscal year 2018. ‘‘(3) $102,387,150 for fiscal year 2019. ‘‘(4) $108,530,379 for fiscal year 2020.’’.

215 S. 1177—215 (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: T ECHNICAL A SSISTANCE .—The Secretary ESERVATION FOR ‘‘(b) R may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assist- ance and share best practices with respect to magnet school pro- grams assisted under this part.’’. PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS. Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is further amended by adding at the end the following: ‘‘PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS ‘‘SEC. 4501. PURPOSES. ‘‘The purposes of this part are the following: ‘‘(1) To provide financial support to organizations to provide technical assistance and training to State educational agencies and local educational agencies in the implementation and enhancement of systemic and effective family engagement poli- cies, 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 edu- cators 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 edu- cational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. ‘‘(4) To coordinate activities funded under this part with parent involvement initiatives funded under section 1116 and other provisions of this Act. ‘‘(5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integra- tion of Federal, State, and local services and programs to engage families in education. ‘‘SEC. 4502. GRANTS AUTHORIZED. ‘‘(a) S TATEWIDE F E NGAGEMENT C ENTERS .—From the AMILY amount appropriated under section 4506 and not reserved under subsection (d), the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish statewide family engagement centers that— ‘‘(1) carry out parent education, and family engagement in education, programs; or

216 S. 1177—216 ‘‘(2) provide comprehensive training and technical assist- ance to State educational agencies, local educational agencies, schools identified by State educational agencies and local edu- cational agencies, organizations that support family-school part- nerships, and other organizations that carry out such programs. INIMUM A WARD ‘‘(b) M .—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. ATCHING F UNDS FOR G RANT R ‘‘(c) M .—Each organiza- ENEWAL tion or consortium receiving assistance under this part shall dem- onstrate that, for each fiscal year after the first fiscal year for which the organization or consortium is receiving such assistance, 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. ‘‘(d) T A ECHNICAL .—The Secretary shall reserve not SSISTANCE more than 2 percent of the funds appropriated under section 4506 to carry out this part to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordina- tion of statewide family engagement centers. ‘‘SEC. 4503. APPLICATIONS. ‘‘(a) S UBMISSIONS .—Each statewide organization, or a consor- tium of such organizations, that desires a grant under this part shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include the information described in subsection (b). ‘‘(b) C ONTENTS .—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 how the State educational agency and any partner organization will support the statewide family engagement center that will be operated by the applicant including a description of the State educational agency and any partner organization’s commitment of such support. ‘‘(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 edu- cation. ‘‘(4) A description of the applicant’s demonstrated experi- ence in providing training, information, and support to State educational agencies, local educational agencies, schools, edu- cators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, parents of English learners, minorities, students with disabilities, homeless chil- dren and youth, children and youth in foster care, and migrant students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. ‘‘(5) A description of the steps the applicant will take to target services to low-income students and parents. ‘‘(6) An assurance that the applicant will—

217 S. 1177—217 ‘‘(A) establish a special advisory committee, the mem- bership 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 chil- dren; ‘‘(iii) representatives of local elementary schools and secondary schools, including students; ‘‘(iv) representatives of the business community; and ‘‘(v) representatives of State educational agencies and local educational agencies; ‘‘(B) use not less than 65 percent of the funds received under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including students who are English learners, minorities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant 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 statewide family engagement center will retain staff with the requisite training and experience to serve parents in the State; ‘‘(E) serve urban, suburban, and rural local educational agencies and schools; ‘‘(F) work with— ‘‘(i) other statewide family engagement centers assisted under this part; and ‘‘(ii) parent training and information centers and community parent resource centers assisted under sec- tions 671 and 672 of the Individuals with Disabilities Education Act (20 U.S.C. 1471; 1472); ‘‘(G) use not less than 30 percent of the funds received under this part for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; ‘‘(H) provide assistance to State educational agencies, local educational agencies, and community-based organiza- tions that support family members in supporting student academic achievement; ‘‘(I) work with State educational agencies, local edu- cational agencies, schools, educators, and parents to deter- mine parental needs and the best means for delivery of services to address such needs; ‘‘(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; and ‘‘(K) conduct outreach to low-income students and par- ents, including low-income students and parents who are not proficient in English.

218 S. 1177—218 ‘‘(7) An assurance that the applicant will conduct training programs in the community to improve adult literacy, including financial literacy. .—In awarding grants for activities described in ‘‘(c) P RIORITY this part, the Secretary shall give priority to statewide family engagement centers that will use funds under section 4504 for evidence-based activities, which, for the purposes of this part is defined as activities meeting the requirements of section 8101(21)(A)(i). ‘‘SEC. 4504. USES OF FUNDS. G ENERAL .—Each statewide organization or consortium ‘‘(a) I N receiving a grant under this part shall use the grant funds, based on the needs determined under section 4503(b)(6)(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 challenging State academic standards, such as by assisting parents— ‘‘(A) to engage in activities that will improve student academic achievement, including understanding how par- ents can support learning in the classroom with activities at home and in after school 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 plan- ning and improvement; ‘‘(D) to participate in the design and provision of assist- ance to students who are not making academic progress; ‘‘(E) to participate in State and local decisionmaking; ‘‘(F) to train other parents; and ‘‘(G) in learning and using technology applied in their children’s education; ‘‘(2) to develop and implement, in partnership with the State educational agency, statewide family engagement in edu- cation 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 and implement parental involvement policies under this Act. ‘‘(b) R ULE OF C ONSTRUCTION .—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. ‘‘(c) P ARENTAL R IGHTS .—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 edu- cation or developmental screening under this section; and

219 S. 1177—219 ‘‘(2) no program or center assisted under this section shall take any action that infringes in any manner on the right of parents to direct the education of their children. ‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. ‘‘The Secretary of the Interior, in consultation with the Sec- retary of Education, shall establish, or enter into contracts and cooperative agreements with, local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate family engagement centers. ‘‘SEC. 4506. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2017 through 2020.’’.’’. PART F—NATIONAL ACTIVITIES SEC. 4601. NATIONAL ACTIVITIES. Title IV (20 U.S.C. 7101 et seq.), as amended by the previous provisions of this title, is further amended by adding at the end the following: ‘‘PART F—NATIONAL ACTIVITIES ‘‘SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS. ‘‘(a) A UTHORIZATION OF PPROPRIATIONS .—There are authorized A to be appropriated to carry out this part— ‘‘(1) $200,741,000 for each of fiscal years 2017 and 2018; and ‘‘(2) $220,741,000 for each of fiscal years 2019 and 2020. ‘‘(b) R .—From the amounts appropriated under ESERVATIONS subsection (a) for a fiscal year, the Secretary shall— ‘‘(1) reserve $5,000,000 to carry out activities authorized under subpart 3; and ‘‘(2) from the amounts remaining after the reservation under paragraph (1)— ‘‘(A) carry out activities authorized under subpart 1 using— ‘‘(i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and ‘‘(ii) 42 percent of such remainder for each of fiscal years 2019 and 2020; ‘‘(B) carry out activities authorized under subpart 2 using— ‘‘(i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and ‘‘(ii) 32 percent of such remainder for each of fiscal years 2019 and 2020; and ‘‘(C) to carry out activities authorized under subpart 4— ‘‘(i) 28 percent of such remainder for each of fiscal years 2017 and 2018; and ‘‘(ii) 26 percent of such remainder for each of fiscal years 2019 and 2020.

220 S. 1177—220 ‘‘Subpart 1—Education Innovation and Research ‘‘SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH. ‘‘(a) P UTHORIZED .— ROGRAM A .—From funds reserved under section N GENERAL ‘‘(1) I 4601(b)(2)(A), the Secretary shall make grants to eligible enti- ties to enable the eligible entities to— ‘‘(A) create, develop, implement, replicate, or take to scale entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attain- ment for high-need students; and ‘‘(B) rigorously evaluate such innovations, in accord- ance with subsection (e). ‘‘(2) D .—The grants described in ESCRIPTION OF GRANTS paragraph (1) shall include— ‘‘(A) early-phase grants to fund the development, implementation, and feasibility testing of a program, which prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-need students; ‘‘(B) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant described in subparagraph (A) or other effort meeting similar criteria, for the purpose of measuring the program’s impact and cost effectiveness, if possible using existing administrative data; and ‘‘(C) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid- phase grant described in subparagraph (B) or other effort meeting similar criteria, for the purposes of— ‘‘(i) determining whether such impacts can be successfully reproduced and sustained over time; and ‘‘(ii) identifying the conditions in which the pro- gram is most effective. ‘‘(b) E E NTITY .—In this subpart, the term ‘eligible entity’ LIGIBLE means any of the following: ‘‘(1) A local educational agency. ‘‘(2) A State educational agency. ‘‘(3) The Bureau of Indian Education. ‘‘(4) A consortium of State educational agencies or local educational agencies. ‘‘(5) A nonprofit organization. ‘‘(6) A State educational agency, a local educational agency, a consortium described in paragraph (4), or the Bureau of Indian Education, in partnership with— ‘‘(A) a nonprofit organization; ‘‘(B) a business; ‘‘(C) an educational service agency; or ‘‘(D) an institution of higher education. ‘‘(c) R URAL A REAS .— ‘‘(1) I N GENERAL .—In awarding grants under subsection (a), the Secretary shall ensure that not less than 25 percent of the funds made available for any fiscal year are awarded for programs that meet both of the following requirements: ‘‘(A) The grantee is—

221 S. 1177—221 ‘‘(i) a local educational agency with an urban-cen- tric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; ‘‘(ii) a consortium of such local educational agen- cies; ‘‘(iii) an educational service agency or a nonprofit organization in partnership with such a local edu- cational agency; or ‘‘(iv) a grantee described in clause (i) or (ii) in partnership with a State educational agency. ‘‘(B) A majority of the schools to be served by the program are designated with a locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary. ‘‘(2) E .—Notwithstanding paragraph (1), the Sec- XCEPTION retary shall reduce the amount of funds made available under such paragraph if the Secretary does not receive a sufficient number of applications of sufficient quality. ‘‘(d) M F UNDS .—In order to receive a grant under sub- ATCHING section (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an amount equal to 10 percent of the funds provided under such grant, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as— ‘‘(1) the difficulty of raising matching funds for a program to serve a rural area; ‘‘(2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17— ‘‘(A) who are in poverty, as counted in the most recent census data approved by the Secretary; ‘‘(B) who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ‘‘(C) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or ‘‘(D) who are eligible to receive medical assistance under the Medicaid program; and ‘‘(3) the difficulty of raising funds on tribal land. ‘‘(e) E VALUATION .—Each recipient of a grant under this section shall conduct an independent evaluation of the effectiveness of the program carried out under such grant. ‘‘(f) T ECHNICAL A SSISTANCE .—The Secretary may reserve not more than 5 percent of the funds appropriated under section 4601(b)(2)(A) for each fiscal year to— ‘‘(1) provide technical assistance for eligibility entities, which may include pre-application workshops, web-based semi- nars, and evaluation support; and ‘‘(2) to disseminate best practices.

222 S. 1177—222 ‘‘Subpart 2—Community Support for School Success ‘‘SEC. 4621. PURPOSES. ‘‘The purposes of this subpart are to— ‘‘(1) significantly improve the academic and developmental outcomes of children living in the most distressed communities of the United States, including ensuring school readiness, high school graduation, and access to a community-based continuum of high-quality services; and ‘‘(2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools. ‘‘SEC. 4622. DEFINITIONS. ‘‘In this subpart: ‘‘(1) E .—The term ‘eligible entity’ means the LIGIBLE ENTITY following: ‘‘(A) With respect to a grant for activities described in section 4623(a)(1)(A)— ‘‘(i) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ‘‘(ii) an Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or ‘‘(iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities: ‘‘(I) A high-need local educational agency. ‘‘(II) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ‘‘(III) The office of a chief elected official of a unit of local government. ‘‘(IV) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b). ‘‘(B) With respect to a grant for activities described in section 4623(a)(1)(B), a consortium of— ‘‘(i)(I) 1 or more local educational agencies; or ‘‘(II) the Bureau of Indian Education; and ‘‘(ii) 1 or more community-based organizations, nonprofit organizations, or other public or private enti- ties. ‘‘(2) F ULL - SERVICE COMMUNITY SCHOOL .—The term ‘full- service community school’ means a public elementary school or secondary school that— ‘‘(A) participates in a community-based effort to coordi- nate and integrate educational, developmental, family, health, and other comprehensive services through commu- nity-based organizations and public and private partner- ships; and

223 S. 1177—223 ‘‘(B) provides access to such services in school to stu- dents, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer. ‘‘(3) P .—The term ‘pipeline services’ means IPELINE SERVICES a continuum of coordinated supports, services, and opportuni- ties for children from birth through entry into and success in postsecondary education, and career attainment. Such serv- ices shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following: ‘‘(A) High-quality early childhood education programs. ‘‘(B) High-quality school and out-of-school-time pro- grams and strategies. ‘‘(C) Support for a child’s transition to elementary school, from elementary school to middle school, from middle school to high school, and from high school into and through postsecondary education and into the workforce, including any comprehensive readiness assess- ment determined necessary. ‘‘(D) Family and community engagement and supports, which may include engaging or supporting families at school or at home. ‘‘(E) Activities that support postsecondary and workforce readiness, which may include job training, internship opportunities, and career counseling. ‘‘(F) Community-based support for students who have attended the schools in the area served by the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in postsecondary education and the workforce. ‘‘(G) Social, health, nutrition, and mental health serv- ices and supports. ‘‘(H) Juvenile crime prevention and rehabilitation pro- grams. ‘‘SEC. 4623. PROGRAM AUTHORIZED. ROGRAM A UTHORIZED ‘‘(a) P .— ‘‘(1) I N GENERAL .—The Secretary shall use not less than 95 percent of the amounts made available under section 4601(b)(2)(B) to award grants, on a competitive basis and sub- ject to subsection (e), to eligible entities for the following activi- ties: ‘‘(A) P ROMISE NEIGHBORHOODS .—The implementation of a comprehensive, effective continuum of coordinated services that meets the purpose described in section 4621(1) by carrying out activities in neighborhoods with— ‘‘(i) high concentrations of low-income individuals; ‘‘(ii) multiple signs of distress, which may include high rates of poverty, childhood obesity, academic failure, and juvenile delinquency, adjudication, or incarceration; and ‘‘(iii) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d).

224 S. 1177—224 ‘‘(B) F - SERVICE COMMUNITY SCHOOLS .—The provi- ULL sion of assistance to public elementary schools or secondary schools to function as full-service community schools. .—Each grant awarded UFFICIENT SIZE AND SCOPE ‘‘(2) S under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart. ‘‘(b) D URATION .—A grant awarded under this subpart shall be for a period of not more than 5 years, and may be extended for an additional period of not more than 2 years. ONTINUED F UNDING .—Continued funding of a grant under ‘‘(c) C this subpart, including a grant extended under subsection (b), after the third year of the initial grant period shall be contingent on the eligible entity’s progress toward meeting— ‘‘(1) with respect to a grant for activities described in section 4624, the performance metrics described in section 4624(h); and ‘‘(2) with respect to a grant for activities described in section 4625, annual performance objectives and outcomes under sec- tion 4625(a)(4)(C). ATCHING R EQUIREMENTS .— ‘‘(d) M ‘‘(1) P ROMISE NEIGHBORHOOD ACTIVITIES .— ‘‘(A) M ATCHING FUNDS .—Each eligible entity receiving a grant under this subpart for activities described in section 4624 shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. .—The Secretary shall require RIVATE SOURCES ‘‘(B) P that a portion of the matching funds come from private sources, which may include in-kind contributions. DJUSTMENT .—The Secretary may adjust the ‘‘(C) A matching funds requirement under this paragraph for applicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide services on tribal lands. .—The Secretary may INANCIAL HARDSHIP WAIVER ‘‘(D) F waive or reduce, on a case-by-case basis, the matching requirement under this paragraph, including the require- ment for funds from private sources, for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. ‘‘(2) F ULL - SERVICE COMMUNITY SCHOOLS ACTIVITIES .— ‘‘(A) I .—Each eligible entity receiving a N GENERAL grant under this subpart for activities described in section 4625 shall provide matching funds from non-Federal sources, which may be provided in part with in-kind con- tributions. PECIAL RULE .—The Bureau of Indian Education ‘‘(B) S may meet the requirement of subparagraph (A) using funds from other Federal sources. ‘‘(3) S PECIAL RULES .— ‘‘(A) I N GENERAL .—The Secretary may not require any eligible entity receiving a grant under this subpart to pro- vide matching funds in an amount that exceeds the amount of the grant award.

225 S. 1177—225 ‘‘(B) C .—Notwithstanding this sub- ONSIDERATION section, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants under this subpart. ‘‘(e) R R A REAS .— URAL ESERVATION FOR ‘‘(1) I .—From the amounts allocated under sub- N GENERAL section (a) for grants to eligible entities, the Secretary shall use not less than 15 percent of such amounts to award grants to eligible entities that propose to carry out the activities described in such subsection in rural areas. XCEPTION .—The Secretary shall reduce the amount ‘‘(2) E described in paragraph (1) if the Secretary does not receive a sufficient number of applications of sufficient quality. ‘‘(f) M N UMBER OF G RANTS INIMUM .—For each fiscal year, the Secretary shall award under this subpart not fewer than 3 grants for activities described in section 4624 and not fewer than 10 grants for activities described in section 4625, subject to the avail- ability of appropriations, the requirements of subsection (a)(2), and the number and quality of applications. ‘‘SEC. 4624. PROMISE NEIGHBORHOODS. ‘‘(a) A PPLICATION EQUIREMENTS .—An eligible entity desiring R a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum, all of the following: ‘‘(1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity— ‘‘(A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and ‘‘(B) that is supported by effective practices. ‘‘(2) A description of the neighborhood that the eligible entity will serve. ‘‘(3) Measurable annual objectives and outcomes for the grant, in accordance with the metrics described in subsection (h), for each year of the grant. ‘‘(4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including— ‘‘(A) the size and scope of the population affected; ‘‘(B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were engaged in such analysis; ‘‘(C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher education; ‘‘(D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and

226 S. 1177—226 ‘‘(E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. ‘‘(5) A description of— ‘‘(A) all information that the entity used to identify the pipeline services to be provided, which shall not include information that is more than 3 years old; and ‘‘(B) how the eligible entity will— ‘‘(i) collect data on children served by each pipeline service; and ‘‘(ii) increase the percentage of children served over time. ‘‘(6) A description of the process used to develop the applica- tion, including the involvement of family and community mem- bers. ‘‘(7) A description of how the pipeline services will facilitate the coordination of the following activities: ‘‘(A) Providing early learning opportunities for children, including by— ‘‘(i) providing opportunities for families to acquire the skills to promote early learning and child develop- ment; and ‘‘(ii) ensuring appropriate diagnostic assessments and referrals for children with disabilities and children aged 3 through 9 experiencing developmental delays, consistent with the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.), where applicable. ‘‘(B) Supporting, enhancing, operating, or expanding rigorous, comprehensive, effective educational improve- ments, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success. ‘‘(C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports. ‘‘(D) Providing social, health, nutrition, and mental health services and supports, for children, family members, and community members, which may include services pro- vided within the school building. ‘‘(E) Supporting evidence-based programs that assist students through school transitions, which may include expanding access to postsecondary education courses and postsecondary education enrollment aid or guidance, and other supports for at-risk youth. ‘‘(8) A description of the strategies that will be used to provide pipeline services (including a description of which pro- grams and services will be provided to children, family mem- bers, community members, and children within the neighbor- hood) to support the purpose described in section 4621(1). ‘‘(9) An explanation of the process the eligible entity will use to establish and maintain family and community engage- ment, including— ‘‘(A) involving representative participation by the mem- bers of such neighborhood in the planning and implementa- tion of the activities of each grant awarded under this subpart for activities described in this section;

227 S. 1177—227 ‘‘(B) the provision of strategies and practices to assist family and community members in actively supporting stu- dent achievement and child development; ‘‘(C) providing services for students, families, and communities within the school building; and ‘‘(D) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with postsecondary edu- cation and workforce readiness, ‘‘(10) An explanation of how the eligible entity will continu- ously evaluate and improve the continuum of high-quality pipe- line services to provide for continuous program improvement and potential expansion. .—In awarding grants for activities described in RIORITY ‘‘(b) P this section, the Secretary shall give priority to eligible entities that will use funds under subsection (d) for evidence-based activi- ties, which, for purposes of this subsection, is defined as activities meeting the requirements of section 8101(21)(A)(i). EMORANDUM OF NDERSTANDING .—As eligible entity U ‘‘(c) M shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed by each partner entity or agency described in section 4622(1)(A)(3) (if applicable) and detailing each partner’s financial, programmatic, and long-term commitment with respect to the strategies described in the application. F UNDS .—Each eligible entity that receives a grant SES OF ‘‘(d) U under this subpart to carry out a program of activities described in this section shall use the grant funds to— ‘‘(1) support planning activities to develop and implement pipeline services; ‘‘(2) implement the pipeline services; and ‘‘(3) continuously evaluate the success of the program and improve the program based on data and outcomes. ‘‘(e) S PECIAL R ULES .— ‘‘(1) F .—Each eligible entity UNDS FOR PIPELINE SERVICES that receives a grant under this subpart for activities described in this section shall, for the first year of the grant, use not less than 50 percent of the grant funds, and, for the second year of the grant, use not less than 25 percent of the grant funds, to carry out the activities described in subsection (d)(1). ‘‘(2) O PERATIONAL FLEXIBILITY .—Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart for activities described in this section shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under sub- section (a). ‘‘(3) L IMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD EDUCATION PROGRAMS .—Funds provided under this subpart for activities described in this section that are used to improve early childhood education programs shall not be used to carry out any of the following activities: ‘‘(A) Assessments that provide rewards or sanctions for individual children or teachers. ‘‘(B) A single assessment that is used as the primary or sole method for assessing program effectiveness.

228 S. 1177—228 ‘‘(C) Evaluating children, other than for the purposes of improving instruction, classroom environment, profes- sional development, or parent and family engagement, or program improvement. .—Each eligible entity that receives a grant under ‘‘(f) R EPORT this subpart for activities described in this section shall prepare and submit an annual report to the Secretary, which shall include— ‘‘(1) information about the number and percentage of chil- dren in the neighborhood who are served by the grant program, including a description of the number and percentage of chil- dren accessing each support or service offered as part of the pipeline services; and ‘‘(2) information relating to the performance metrics described in subsection (h). ‘‘(g) P A VAILABLE UBLICLY ATA .—Each eligible entity that D receives a grant under this subpart for activities described in this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent practicable, such information shall be provided in a form and lan- guage accessible to parents and families in the neighborhood served under the grant, and such information shall be a part of statewide longitudinal data systems. ERFORMANCE ‘‘(h) P NDICATORS .— I ‘‘(1) I N GENERAL .—The Secretary shall establish perform- ance indicators under paragraph (2) and corresponding metrics to be used for the purpose of reporting under paragraph (3) and program evaluation under subsection (i). NDICATORS ‘‘(2) I .—The performance indicators established by the Secretary under paragraph (1) shall be indicators of improved academic and developmental outcomes for children, including indicators of school readiness, high school graduation, postsecondary education and career readiness, and other aca- demic and developmental outcomes, to promote— ‘‘(A) data-driven decision-making by eligible entities receiving funds under this subpart; and ‘‘(B) access to a community-based continuum of high- quality services for children living in the most distressed communities of the United States, beginning at birth. ‘‘(3) R EPORTING .—Each eligible entity that receives a grant under this subpart for activities described in this section shall annually collect and report to the Secretary data on the performance indicators described in paragraph (2) for use by the Secretary in making a determination concerning continu- ation funding and grant extension under section 4623(b) for each eligible entity. ‘‘(i) E VALUATION .—The Secretary shall reserve not more than 5 percent of the funds made available under section 4601(b)(2)(A) to provide technical assistance and evaluate the implementation and impact of the activities funded under this section, in accordance with section 8601. ‘‘SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS. ‘‘(a) A PPLICATION .—An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following:

229 S. 1177—229 ‘‘(1) A description of the eligible entity. ‘‘(2) A memorandum of understanding among all partner entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume. ‘‘(3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full- service community schools. ‘‘(4) A comprehensive plan that includes descriptions of the following: ‘‘(A) The student, family, and school community to be served, including demographic information. ‘‘(B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents. ‘‘(C) Annual measurable performance objectives and outcomes, including an increase in the number and percent- age of families and students targeted for services each year of the program, in order to ensure that children are— ‘‘(i) prepared for kindergarten; ‘‘(ii) achieving academically; and ‘‘(iii) safe, healthy, and supported by engaged par- ents. ‘‘(D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an expla- nation of— ‘‘(i) why such services have been selected; ‘‘(ii) how such services will improve student aca- demic achievement; and ‘‘(iii) how such services will address the annual measurable performance objectives and outcomes established under subparagraph (C). ‘‘(E) Plans to ensure that each full-service community school site has a full-time coordinator of pipeline services at such school, including a description of the applicable funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and plans for joint utilization and management of school facilities. ‘‘(F) Plans for annual evaluation based upon attain- ment of the performance objectives and outcomes described in subparagraph (C). ‘‘(G) Plans for sustaining the programs and services described in this subsection after the grant period. ‘‘(5) An assurance that the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 1114(b). ‘‘(b) P RIORITY .—In awarding grants under this subpart for activities described in this section, the Secretary shall give priority to eligible entities that— ‘‘(1)(A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 1114(b), as part of a community- or district-wide strategy; or ‘‘(B) include a local educational agency that satisfies the requirements of—

230 S. 1177—230 ‘‘(i) subparagraph (A), (B), or (C) of section 5211(b)(1); or ‘‘(ii) subparagraphs (A) and (B) of section 5221(b)(1); ‘‘(2) are consortiums comprised of a broad representation of stakeholders or consortiums demonstrating a history of effectiveness; and ‘‘(3) will use funds for evidence-based activities described in subsection (e), defined for purposes of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). LANNING .—The Secretary may authorize an eligible entity ‘‘(c) P receiving a grant under this subpart for activities described in this section to use not more than 10 percent of the total amount of grant funds for planning purposes during the first year of the grant. INIMUM A MOUNT .—The Secretary may not award a grant ‘‘(d) M under this subpart for activities described in this section to an eligible entity in an amount that is less than $75,000 for each year of the grant period, subject to the availability of appropriations. SE OF F UNDS .—Grants awarded under this subpart for ‘‘(e) U activities described in this section shall be used to— ‘‘(1) coordinate not less than 3 existing pipeline services, as of the date of the grant award, and provide not less than 2 additional pipeline services, at 2 or more public elementary schools or secondary schools; ‘‘(2) to the extent practicable, integrate multiple pipeline services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and out- comes under subsection (a)(4)(C) to meet the holistic needs of children; and ‘‘(3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support per- sonnel. ‘‘(f) E VALUATIONS BY THE NSTITUTE OF E DUCATION S CIENCES .— I The Secretary, acting through the Director of the Institute of Edu- cation Sciences, shall conduct evaluations of the effectiveness of grants under this subpart for activities described in this section in achieving the purpose described in section 4621(2). ‘‘(g) E VALUATIONS BY G RANTEES .—The Secretary shall require each eligible entity receiving a grant under this subpart for activi- ties described in this section to— ‘‘(1) conduct annual evaluations of the progress achieved with the grant toward the purpose described in section 4621(2); ‘‘(2) use such evaluations to refine and improve activities carried out through the grant and the annual measurable performance objectives and outcomes under subsection (a)(4)(C); and ‘‘(3) make the results of such evaluations publicly available, including by providing public notice of such availability. ‘‘(h) C ONSTRUCTION C LAUSE .—Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agree- ments, memoranda of understanding, or other agreements between such employees and their employers.

231 S. 1177—231 ‘‘(i) S , N OT S UPPLANT .—Funds made available to UPPLEMENT an eligible entity through a grant under this subpart for activities described in this section may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section. ‘‘Subpart 3—National Activities for School Safety ‘‘SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY. ‘‘(a) P A UTHORIZED .— ROGRAM ‘‘(1) I .—From the funds reserved under section N GENERAL 4601(b)(1), the Secretary— ‘‘(A) shall use a portion of such funds for the Project School Emergency Response to Violence program (in this section referred to as ‘Project SERV’), in order to provide education-related services to eligible entities; and ‘‘(B) may use a portion of such funds to carry out other activities to improve students’ safety and well-being, during and after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private entities or individuals, or other Fed- eral agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation. ‘‘(2) A VAILABILITY .—Amounts reserved under section 4601(b)(1) for Project SERV are authorized to remain available until expended for Project SERV. SERV.— ROJECT ‘‘(b) P DDITIONAL USE OF FUNDS .—Funds made available ‘‘(1) A under subsection (a) for extended services grants under Project SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded. PPLICATION PROCESS .— ‘‘(2) A ‘‘(A) I N GENERAL .—An eligible entity desiring to use a portion of extended services grant funds under Project SERV to initiate or strengthen a violence prevention activity shall— ‘‘(i) submit, in an application that meets all requirements of the Secretary for Project SERV, the information described in subparagraph (B); or ‘‘(ii) in the case of an eligible entity that has already received an extended services grant under Project SERV, submit an addition to the original application that includes the information described in subparagraph (B). ‘‘(B) A PPLICATION REQUIREMENTS .—An application, or addition to an application, for an extended services grant pursuant to subparagraph (A) shall include the following: ‘‘(i) A demonstration of the need for funds due to a continued disruption or a substantial risk of disruption to the learning environment.

232 S. 1177—232 ‘‘(ii) An explanation of the proposed activities that are designed to restore and preserve the learning environment. ‘‘(iii) A budget and budget narrative for the pro- posed activities. WARD BASIS .—Any award of funds under Project ‘‘(3) A SERV for violence prevention activities under this section shall be subject to the discretion of the Secretary and the availability of funds. ‘‘(4) P ROHIBITED USE .—No funds provided to an eligible entity for violence prevention activities may be used for construction, renovation, or repair of a facility or for the perma- nent infrastructure of the eligible entity. ‘‘(c) D E LIGIBLE E EFINITION OF .—In this section, the term NTITY ‘eligible entity’ means— ‘‘(1) a local educational agency, as defined in subparagraph (A), (B), or (C) of section 8101(30), or institution of higher education in which the learning environment has been dis- rupted due to a violent or traumatic crisis; or ‘‘(2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 8101(30)(C), has been dis- rupted due to a violent or traumatic crisis. ‘‘Subpart 4—Academic Enrichment ‘‘SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT. ‘‘(a) P ROGRAM A UTHORIZED .—From funds reserved under section 4601(b)(2)(C), the Secretary shall award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of enriching the academic experience of students by promoting— ‘‘(1) arts education for disadvantaged students and students who are children with disabilities, as described in section 4642; ‘‘(2) school readiness through the development and dissemi- nation of accessible instructional programming for preschool and elementary school children and their families, as described in section 4643; and ‘‘(3) support for high-ability learners and high-ability learning, as described in section 4644. ‘‘(b) A NNUAL A WARDS .—The Secretary shall annually make awards to fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a). ‘‘SEC. 4642. ASSISTANCE FOR ARTS EDUCATION. ‘‘(a) A WARDS TO P ROVIDE A SSISTANCE FOR A RTS E DUCATION .— ‘‘(1) I N GENERAL .—Awards made to eligible entities to fulfill the purpose described in section 4641(a)(1), shall be used for a program (to be known as the ‘Assistance for Arts Education program’) to promote arts education for students, including disadvantaged students and students who are children with disabilities, through activities such as— ‘‘(A) professional development for arts educators, teachers, and principals; ‘‘(B) development and dissemination of accessible instructional materials and arts-based educational

233 S. 1177—233 programming, including online resources, in multiple arts disciplines; and ‘‘(C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts, including national centers for the arts. ‘‘(b) C .—As conditions of receiving assistance made ONDITIONS available under this section, the Secretary shall require each eligible entity receiving such assistance— ‘‘(1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and organizations, including museums, arts education associa- tions, libraries, and theaters; and ‘‘(2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this sub- part. ‘‘(c) C .—In carrying out this section, the Secretary ONSULTATION shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organiza- tions representing the arts (including State and local arts agencies involved in arts education). RIORITY .—In awarding grants under this section, the Sec- ‘‘(d) P retary shall give priority to eligible entities that are eligible national nonprofit organizations. EFINITIONS .—In this section: ‘‘(e) D LIGIBLE ENTITY .—The term ‘eligible entity’ means— ‘‘(1) E ‘‘(A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; ‘‘(B) a consortium of such local educational agencies; ‘‘(C) a State educational agency; ‘‘(D) an institution of higher education; ‘‘(E) a museum or cultural institution; ‘‘(F) the Bureau of Indian Education; ‘‘(G) an eligible national nonprofit organization; or ‘‘(H) another private agency, institution, or organiza- tion. ‘‘(2) E LIGIBLE NATIONAL NONPROFIT ORGANIZATION .—The term ‘eligible national nonprofit organization’ means an organization of national scope that— ‘‘(A) is supported by staff, which may include volun- teers, or affiliates at the State and local levels; and ‘‘(B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities. ‘‘SEC. 4643. READY TO LEARN PROGRAMMING. ‘‘(a) A WARDS TO P ROMOTE S CHOOL R EADINESS T HROUGH R EADY TO EARN P ROGRAMMING .— L ‘‘(1) I N GENERAL .—Awards made to eligible entities described in paragraph (3) to fulfill the purpose described in section 4641(a)(2) shall— ‘‘(A) be known as ‘Ready to Learn Programming awards’; and

234 S. 1177—234 ‘‘(B) be used to— ‘‘(i) develop, produce, and distribute accessible edu- cational and instructional video programming for pre- school and elementary school children and their par- ents in order to facilitate student academic achieve- ment; ‘‘(ii) facilitate the development, directly or through contracts with producers of children’s and family edu- cational television programming, of educational programming for preschool and elementary school chil- dren, and the accompanying support materials and services that promote the effective use of such program- ming; ‘‘(iii) facilitate the development of programming and digital content containing Ready-to-Learn programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations’ digital broadcasting channels and the Internet; ‘‘(iv) contract with entities (such as public tele- communications entities) so that programming devel- oped under this section is 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 ‘‘(v) 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 clauses (ii) and (iii) among par- ents, family members, teachers, principals and other school leaders, Head Start providers, pro- viders of family literacy services, child care pro- viders, early childhood educators, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children. ‘‘(2) A VAILABILITY .—In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities described in para- graph (3) make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming. ‘‘(3) E LIGIBLE ENTITIES .—To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following: ‘‘(A) A capacity for the development and national dis- tribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children.

235 S. 1177—235 ‘‘(B) A capacity to contract with the producers of chil- dren’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 edu- cational outreach at the local level. ‘‘(4) C .—An entity receiving a OORDINATION OF ACTIVITIES 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 use of high-quality educational programming by preschool and elementary school children, and make such programming widely available to Federally funded programs serving such populations; and ‘‘(B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act (42 U.S.C. 9831 et seq.) and State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding the avail- ability and utilization of materials developed under para- graph (1)(B)(v) to enhance parent and child care provider skills in early childhood development and education. .—To be eligible to receive a grant, contract, PPLICATIONS ‘‘(b) A or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The application shall include— ‘‘(1) a description of the activities to be carried out under this section; ‘‘(2) a list of the types of entities with which such entity will enter into contracts under subsection (a)(1)(B)(iv); ‘‘(3) a description of the activities the entity will undertake widely to disseminate the content developed under this section; and ‘‘(4) a description of how the entity will comply with sub- section (a)(2). .— EPORTS AND E VALUATIONS ‘‘(c) R NNUAL REPORT TO SECRETARY .—An entity receiving ‘‘(1) A a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report. 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 programming. ‘‘(B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to con- sumers and users of the programming.

236 S. 1177—236 ‘‘(C) The means by which programming developed under this section has been distributed, including the dis- tance 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 edu- cational and instructional programming. .—The Secretary shall prepare ‘‘(2) R EPORT TO CONGRESS and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following: ‘‘(A) A summary of the activities assisted under sub- section (a). ‘‘(B) A description of the education and training mate- rials made available under subsection (a)(1)(B)(v), 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) A C DMINISTRATIVE .—An entity that receives a grant, OSTS 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 admin- istering the grant, contract, or agreement. ‘‘(e) F UNDING R ULE .—Not less than 60 percent of the amount used by the Secretary to carry out this section for each fiscal year shall be used to carry out activities under clauses (ii) through (iv) of subsection (a)(1)(B). ‘‘SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING. URPOSE .—The purpose of this section is to promote and ‘‘(a) P initiate a coordinated program, to be known as the ‘Jacob K. Javits Gifted and Talented Students Education Program’, of evidence- based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs. ‘‘(b) P ROGRAM A UTHORIZED .— ‘‘(1) I N GENERAL .—The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other private agencies and organiza- tions to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose described in section 4641(a)(3), including the training of personnel in the identification and education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students. ‘‘(2) A PPLICATION .—Each entity seeking assistance under this section shall submit an application to the Secretary at

237 S. 1177—237 such time and in such manner as the Secretary may reasonably require. Each application shall describe how— ‘‘(A) the proposed identification methods, as well as gifted and talented services, materials, and methods, can be adapted, if appropriate, for use by all students; and ‘‘(B) the proposed programs can be evaluated. ‘‘(c) U F UNDS .—Programs and projects assisted under SES OF this section may include any of the following: ‘‘(1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to identify and provide the opportunity for all students to be served, particularly low-income and at-risk students. ‘‘(2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative methods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving busi- ness, industry and education) for identifying and educating students who may not be served by traditional gifted and talented programs. ‘‘(3) Providing technical assistance and disseminating information, which may include how gifted and talented pro- grams and methods may be adapted for use by all students, particularly low-income and at-risk students. ENTER FOR R ESEARCH AND D EVELOPMENT .— ‘‘(d) C ‘‘(1) I N GENERAL .—The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of car- rying out activities described in subsection (c). IRECTOR .—The National Center shall be headed by ‘‘(2) D a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher edu- cation, State educational agencies, local educational agencies, or other public or private agencies and organizations. ‘‘(e) C OORDINATION .—Evidence-based activities supported under this section— ‘‘(1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordi- nated with and enhance the research and development activities supported by the Institute; and ‘‘(2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute. ‘‘(f) G ENERAL P RIORITY .—In carrying out this section, the Sec- retary shall give highest priority to programs and projects designed to— ‘‘(1) develop new information that— ‘‘(A) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; or

238 S. 1177—238 ‘‘(B) assists schools in the identification of, and provi- sion of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods; or ‘‘(2) implement evidence-based activities, defined in this paragraph as activities meeting the requirements of section 8101(21)(A)(i). ‘‘(g) P P RIVATE ARTICIPATION CHOOL C HILDREN AND OF S T .—In making grants and entering into contracts under EACHERS this section, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. ‘‘(h) R , D ISSEMINATION , EVIEW E VALUATION .—The Secretary AND shall— ‘‘(1) use a peer-review process in reviewing applications under this section; ‘‘(2) ensure that information on the activities and results of programs and projects funded under this section is dissemi- nated to appropriate State educational agencies, local edu- cational agencies, and other appropriate organizations, including private nonprofit organizations; and ‘‘(3) evaluate the effectiveness of programs under this sec- tion in accordance with section 8601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Student Succeeds Act. ‘‘(i) P ROGRAM PERATIONS .—The Secretary shall ensure that O the programs under this section are administered within the Department by a person who has recognized professional qualifica- tions and experience in the field of the education of gifted and talented students and who shall— ‘‘(1) administer and coordinate the programs authorized under this section; ‘‘(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and pro- grams designed to meet such needs; ‘‘(3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and ‘‘(4) disseminate, and consult on, the information developed under this section with other offices within the Department.’’. TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY SEC. 5001. GENERAL PROVISIONS. (a) T ITLE VI R EDESIGNATIONS .—Title VI (20 U.S.C. 7301 et seq.) is redesignated as title V and further amended— (1) by redesignating sections 6121 through 6123 as sections 5101 through 5103, respectively;

239 S. 1177—239 (2) by redesignating sections 6201 and 6202 as sections 5201 and 5202, respectively; (3) by redesignating sections 6211 through 6213 as sections 5211 through 5213, respectively; (4) by redesignating sections 6221 through 6224 as sections 5221 through 5224, respectively; and (5) by redesignating sections 6231 through 6234 as sections 5231 through 5234, respectively. (b) S ONFORMING TRUCTURAL AND MENDMENTS .—Title V (as C A redesignated by subsection (a) of this section) is further amended— (1) in part A, by striking subparts 1, 3, and 4; (2) by striking ‘‘section 6212’’ each place it appears and inserting ‘‘section 5212’’; (3) by striking ‘‘section 6223’’ each place it appears and inserting ‘‘section 5223’’; and (4) by striking ‘‘section 6234’’ each place it appears and inserting ‘‘section 5234’’. SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDU- CATIONAL AGENCIES. Part A of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in the part heading, by striking ‘‘ IMPROVING ACADEMIC ACHIEVEMENT ’’ and inserting ‘‘ FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES ’’; (2) by striking ‘‘ Subpart 2—Funding Transferability ’’; for State and Local Educational Agencies (3) by striking ‘‘subpart’’ each place it appears and inserting ‘‘part’’; (4) by amending section 5102 to read as follows: ‘‘SEC. 5102. PURPOSE. ‘‘The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of States and localities.’’; (5) in section 5103— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking ‘‘not more than 50 percent of the non- administrative State funds’’ and inserting ‘‘all, or any lesser amount, of State funds’’; and (II) by striking subparagraphs (A) through (D) and inserting the following: ‘‘(A) Part A of title II. ‘‘(B) Part A of title IV. ‘‘(C) Section 4202(c)(3).’’; and (ii) by striking paragraph (2) and inserting the following; ‘‘(2) A DDITIONAL FUNDS .—In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions: ‘‘(A) Part A of title I. ‘‘(B) Part C of title I. ‘‘(C) Part D of title I. ‘‘(D) Part A of title III.

240 S. 1177—240 ‘‘(E) Part B.’’. (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking ‘‘(except’’ and all that follows through ‘‘subparagraph (C))’’ and inserting ‘‘may transfer all, or any lesser amount, of the funds allocated to it’’; (II) by striking subparagraphs (B) and (C) and inserting: ‘‘(B) A DDITIONAL FUNDS .—In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions: ‘‘(i) Part A of title I. ‘‘(ii) Part C of title I. ‘‘(iii) Part D of title I. ‘‘(iv) Part A of title III. ‘‘(v) Part B.’’; (ii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by striking ‘‘subparagraph (A), (B), or (C)’’ and inserting ‘‘subparagraph (A) or (B)’’; and (II) by striking subparagraphs (A) through (D) and inserting the following: ‘‘(A) Part A of title II. ‘‘(B) Part A of title IV.’’; (C) by striking subsection (c) and inserting the fol- lowing: ‘‘(c) N O T C ERTAIN F UNDING .—A State or local edu- RANSFER OF cational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions: ‘‘(1) Part A of title I. ‘‘(2) Part C of title I. ‘‘(3) Part D of title I. ‘‘(4) Part A of title III. ‘‘(5) Part B.’’; and (D) in subsection (e)(2), by striking ‘‘section 9501’’ and inserting ‘‘section 8501’’. SEC. 5003. RURAL EDUCATION INITIATIVE. Part B of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in section 5211— (A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following: ‘‘(A) Part A of title I. ‘‘(B) Part A of title II. ‘‘(C) Title III. ‘‘(D) Part A or B of title IV.’’; (B) in subsection (b)(1)— (i) in subparagraph (A)(ii)— (I) by striking ‘‘school’’ before ‘‘locale code’’; and

241 S. 1177—241 (II) by striking ‘‘7 or 8, as determined by the Secretary; or’’ and inserting ‘‘41, 42, or 43, as determined by the Secretary;’’; (ii) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the following: ‘‘(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.’’; and (C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following: ‘‘(1) Part A of title II. ‘‘(2) Part A of title IV.’’; (2) in section 5212— (A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following: ‘‘(1) Part A of title I. ‘‘(2) Part A of title II. ‘‘(3) Title III. ‘‘(4) Part A or B of title IV.’’; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: ‘‘(1) A LLOCATION .— ‘‘(A) I .—Except as provided in paragraphs N GENERAL (3) and (4), the Secretary shall award a grant under sub- section (a) to a local educational agency eligible under section 5211(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 5211(c) for the preceding fiscal year. PECIAL DETERMINATION ‘‘(B) S .—For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the edu- cational service agency under the provisions described in section 5211(c), as long as a determination under this subparagraph would not disproportionately affect any State.’’; (ii) by striking paragraph (2) and inserting the following: ‘‘(2) D ETERMINATION OF INITIAL AMOUNT .— ‘‘(A) I N GENERAL .—The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local edu- cational agency, plus $20,000, except that the initial amount may not exceed $60,000. ‘‘(B) S PECIAL RULE .—For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied— ‘‘(i) by substituting ‘$25,000’ for ‘$20,000’; and

242 S. 1177—242 ‘‘(ii) by substituting ‘$80,000’ for ‘$60,000’.’’; and (iii) by adding at the end the following: ‘‘(4) H OLD HARMLESS .—For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enact- ment of the Every Student Succeeds Act, the agency shall receive— ‘‘(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015; ‘‘(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and ‘‘(C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.’’; and (C) by striking subsection (d); (3) by striking section 5213; (4) in section 5221— (A) in subsection (a), by striking ‘‘section 6222(a)’’ and inserting ‘‘section 5222(a)’’; (B) in subsection (b)— (i) in paragraph (1)— (I) by striking ‘‘(A) 20 percent’’ and inserting ‘‘(A)(i) 20 percent’’; (II) by redesignating subparagraph (B) as clause (ii); (III) in clause (ii) (as redesignated by sub- clause (II))— (aa) by striking ‘‘school’’ before ‘‘locale code’’; (bb) by striking ‘‘6, 7, or 8’’ and inserting ‘‘32, 33, 41, 42, or 43’’; and (cc) by striking the period at the end and inserting ‘‘; or’’; and (IV) by adding at the end the following: ‘‘(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.’’; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ‘‘(2) C ERTIFICATION .—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) in subsection (c)(1) by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’; (5) in section 5222(a), by striking paragraphs (1) through (7) and inserting the following: ‘‘(1) Activities authorized under part A of title I. ‘‘(2) Activities authorized under part A of title II. ‘‘(3) Activities authorized under title III. ‘‘(4) Activities authorized under part A of title IV.

243 S. 1177—243 ‘‘(5) Parental involvement activities.’’; (6) in section 5223— (A) in subsection (a), by striking ‘‘at such time, in such manner, and accompanied by such information’’ and inserting ‘‘at such time and in such manner’’; and (B) by striking subsection (b) and inserting the fol- lowing: ONTENTS .—Each application submitted under subsection ‘‘(b) C (a) shall include information on— ‘‘(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards; ‘‘(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include— ‘‘(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and ‘‘(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and ‘‘(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 5222.’’; (7) in section 5224— (A) by striking the section heading and all that follows through ‘‘Each’’ and inserting the following: ‘‘ REPORT .— Each’’; (B) by striking subsections (b) through (e); (C) in the matter preceding paragraph (1), by inserting ‘‘or specially qualified agency’’ after ‘‘Each State educational agency’’; (D) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;’’; and (E) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the applica- tion submitted under section 5223, including having all stu- dents in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.’’; (8) by inserting after section 5224 the following: ‘‘SEC. 5225. CHOICE OF PARTICIPATION. ‘‘(a) I N G ENERAL .—If a local educational agency is eligible for funding under both this subpart and subpart 1, such local edu- cational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year.

244 S. 1177—244 ‘‘(b) N .—A local educational agency eligible for OTIFICATION funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification.’’; and (9) in section 5234, by striking ‘‘$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,’’ and inserting ‘‘$169,840,000 for each of the fiscal years 2017 through 2020,’’. SEC. 5004. GENERAL PROVISIONS. Part C of title V, as redesignated by section 5001 of this Act, is amended to read as follows: ‘‘PART C—GENERAL PROVISIONS ‘‘SEC. 5301. 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 instruc- tional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. ‘‘SEC. 5302. 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.’’. SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGEN- CIES. (a) R EVIEW AND EPORT .—Not later than 18 months after the R date of enactment of this Act, the Secretary of Education shall— (1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to— (A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and (B) determine actions that the Department of Edu- cation can take to meaningfully increase the consideration and participation of rural schools and rural local edu- cational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education; (2) make public a preliminary report containing the information described in paragraph (1) and provide Congress and the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and (3) issue a final report to the Committee on Health, Edu- cation, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representa- tives, which shall describe the final actions developed pursuant

245 S. 1177—245 to paragraph (1)(B) after taking into account the comments submitted under paragraph (2). (b) I MPLEMENTATION .—Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall— (1) carry out each action described in the report under subsection (a)(3); or (2) in a case in which an action is not carried out, provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Edu- cation and the Workforce of the House of Representatives of why the action was not carried out. TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION SEC. 6001. CONFORMING AMENDMENTS. (a) R T ITLE .—Title VII (20 U.S.C. 7401 et EDESIGNATION OF seq.) is redesignated as title VI. EDESIGNATIONS AND C ONFORMING A .—The Act MENDMENTS (b) R (20 U.S.C. 6301 et seq.) is amended— (1) by redesignating sections 7101, 7102, 7111, 7112, 7113, 7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112, 6113, 6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131, 6132, 6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151, 6152, 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302, 6303, 6304, 6305, and 6306, respectively; (2) in section 6112 (as so redesignated), in subsection (b)(1), by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’; (3) in section 6113 (as so redesignated)— (A) in subsection (a)(1)(A), is amended by striking ‘‘sec- tion 7117’’ and inserting ‘‘section 6117’’; (B) in subsection (b)(1), by striking ‘‘section 7112’’ and inserting ‘‘section 6112’’; (C) in subsection (d)(2)— (i) by striking ‘‘section 7114’’ the first place it appears and inserting ‘‘section 6114’’; and (ii) by striking ‘‘section 7114(c)(4), section 7118(c), or section 7119’’ and inserting ‘‘section 6114(c)(4), sec- tion 6118(c), or section 6119’’; and (D) in subsection (e), by striking ‘‘section 7152(a)’’ and inserting ‘‘6152(a)’’; (4) in section 6114 (as so redesignated)— (A) in subsection (b)(4), by striking ‘‘section 7115’’ and inserting ‘‘section 6115’’; and (B) in subsection (c)(4)(D), by striking ‘‘section 7115(c)’’ and inserting ‘‘section 6115(c)’’; (5) in section 6115 (as so redesignated)— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking ‘‘section 7111’’ and inserting ‘‘section 6111’’; and (ii) in paragraph (1), by striking ‘‘section 7114(a)’’ and inserting ‘‘section 6114(a)’’; and

246 S. 1177—246 (B) in subsection (c)— (i) in paragraph (1), by striking ‘‘section 7114(c)(4)’’ and inserting ‘‘section 6114(c)(4)’’; and (ii) in paragraph (2), by striking ‘‘section 7111’’ and inserting ‘‘section 6111’’; (6) in section 6116 (as so redesignated), in subsection (d)(9), by striking ‘‘section 7114(c)(4)’’ and inserting ‘‘section 6114(c)(4)’’; (7) in section 6117 (as so redesignated)— (A) in subsection (b)(1)(A)(i), by striking ‘‘section 7151’’ and inserting ‘‘section 6151’’; (B) in subsection (c), by striking ‘‘section 7151’’ and inserting ‘‘section 6151’’; (C) in subsection (f)(3), by striking ‘‘section 7113’’ and inserting ‘‘section 6113’’; and (D) in subsection (h)(1), by striking ‘‘section 7114’’ and inserting ‘‘section 6114’’; (8) in section 6118 (as so redesignated), in subsection (a), by striking ‘‘section 7113’’ and inserting ‘‘section 6113’’; (9) in section 6119 (as so redesignated), by striking ‘‘section 7114’’ and inserting ‘‘section 6114’’; and (10) in section 6205 (as so redesignated), in subsection (c)— (A) in paragraph (1), by striking ‘‘section 7204’’ and inserting ‘‘section 6204’’; and (B) in paragraph (2), by striking ‘‘section 7204’’ and inserting ‘‘section 6204’’. SEC. 6002. INDIAN EDUCATION. (a) S TATEMENT OF P OLICY .—Section 6101 (20 U.S.C. 7401) (as redesignated by section 6001) is amended by adding at the end the following: ‘‘It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children.’’. (b) P URPOSE .—Section 6102 (20 U.S.C. 7402) (as redesignated by section 6001) is amended to read as follows: ‘‘SEC. 6102. PURPOSE. ‘‘It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsec- ondary institutions, and other entities— ‘‘(1) to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards; ‘‘(2) to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal his- tories, traditions, and cultures; and ‘‘(3) to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students.’’. (c) P URPOSE .—Section 6111 (20 U.S.C. 7421) (as redesignated by section 6001) is amended to read as follows: ‘‘SEC. 6111. PURPOSE. ‘‘It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and

247 S. 1177—247 other entities in developing elementary school and secondary school programs for Indian students that are designed to— ‘‘(1) meet the unique cultural, language, and educational needs of such students; and ‘‘(2) ensure that all students meet the challenging State academic standards.’’. T OCAL E DUCATIONAL (d) G GENCIES AND RANTS TO RIBES .— L A Section 6112 (20 U.S.C. 7422) (as redesignated by section 6001) is amended— (1) by striking subsection (a) and inserting the following: N G ‘‘(a) I .—The Secretary may make grants, from alloca- ENERAL tions made under section 6113, and in accordance with this section and section 6113, to— ‘‘(1) local educational agencies; ‘‘(2) Indian tribes, as provided under subsection (c)(1); ‘‘(3) Indian organizations, as provided under subsection (c)(1); ‘‘(4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— ‘‘(A) provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and ‘‘(B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and ‘‘(5) Indian community-based organizations, as provided under subsection (d)(1).’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘A local educational agency shall’’ and inserting ‘‘Subject to paragraph (2), a local educational agency shall’’; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: ‘‘(2) C OOPERATIVE AGREEMENTS .—A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— ‘‘(A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and ‘‘(B) requests that the local educational agency enter into a cooperative agreement under this subpart.’’; and (3) by striking subsection (c) and inserting the following: ‘‘(c) I NDIAN T RIBES AND I NDIAN O RGANIZATIONS .— ‘‘(1) I .—If a local educational agency that is N GENERAL otherwise eligible for a grant under this subpart does not establish a committee under section 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. ‘‘(2) S PECIAL RULE .— ‘‘(A) I N GENERAL .—The Secretary shall treat each Indian tribe, Indian organization, or consortium of such

248 S. 1177—248 entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. .—Notwithstanding subparagraph (A), ‘‘(B) E XCEPTIONS such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119. SSURANCE TO SERVE ALL INDIAN CHILDREN .—An ‘‘(3) A Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. ‘‘(d) I C OMMUNITY - NDIAN O RGANIZATION .— BASED ‘‘(1) I .—If no local educational agency pursuant N GENERAL to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant. PPLICABILITY OF SPECIAL RULE ‘‘(2) A .—The Secretary shall apply the special rule in subsection (c)(2) to an Indian commu- nity-based organization applying for a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that sub- section. ‘‘(3) D EFINITION OF INDIAN COMMUNITY - BASED ORGANIZA - TION .—In this subsection, the term ‘Indian community-based organization’ means any organization that— ‘‘(A) is composed primarily of Indian parents, family members, and community members, tribal government edu- cation officials, and tribal members, from a specific commu- nity; ‘‘(B) assists in the social, cultural, and educational development of Indians in such community; ‘‘(C) meets the unique cultural, language, and academic needs of Indian students; and ‘‘(D) demonstrates organizational and administrative capacity to manage the grant.’’. (e) A MOUNT OF G RANTS .—Section 6113 (20 U.S.C. 7423) (as redesignated by section 6001) is amended— (1) in subsection (b)(1), by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’; and (2) in subsection (d)— (A) in the subsection heading, by striking ‘‘I NDIAN A ’’ and inserting ‘‘I NDIAN E DUCATION ’’; and FFAIRS (B) in paragraph (1)(A)(i), by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’. (f) A PPLICATIONS .—Section 6114 (20 U.S.C. 7424) (as redesig- nated by section 6001) is amended— (1) in subsection (a), by striking ‘‘Each local educational agency’’ and inserting ‘‘Each entity described in section 6112(a)’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘American Indian and Alaska Native’’ and inserting ‘‘Indian’’;

249 S. 1177—249 (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘is consistent with the State and local plans’’ and inserting ‘‘is con- sistent with the State, tribal, and local plans’’; and (ii) by striking subparagraph (B) and inserting the following: ‘‘(B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students;’’; (C) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students;’’; (D) in paragraph (5)(B), by striking ‘‘and’’ after the semicolon; (E) in paragraph (6)— (i) in subparagraph (B)— (I) in clause (i), by striking ‘‘and’’ after the semicolon; and (II) by adding at the end the following: ‘‘(iii) the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ‘Family Edu- cational Rights and Privacy Act of 1974’); and’’; and (ii) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (F) by adding at the end the following: ‘‘(7) describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken as a result of such collaboration.’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘for the education of Indian children,’’ and inserting ‘‘for services described in this subsection,’’; (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘and’’ after the semicolon; (ii) in subparagraph (B), by striking ‘‘served by such agency;’’ and inserting ‘‘served by such agency, and meet program objectives and outcomes for activi- ties under this subpart; and’’; and (iii) by adding at the end the following: ‘‘(C) determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students;’’; (C) in paragraph (3)— (i) in subparagraph (A), by striking ‘‘American Indian and Alaska Native’’ and inserting ‘‘Indian’’; and (ii) in subparagraph (C)— (I) by inserting ‘‘representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such

250 S. 1177—250 tribes have any children in such school, Indian organizations,’’ after ‘‘parents of Indian children and teachers,’’; and (II) by striking ‘‘and’’ after the semicolon; (D) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by inserting ‘‘and family mem- bers’’ after ‘‘parents’’; (II) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (III) by inserting after clause (i) the following: ‘‘(ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school;’’; (ii) by striking subparagraph (B) and inserting the following: ‘‘(B) a majority of whose members are parents and family members of Indian children;’’; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (C) (as redesignated by clause (iv))— (I) in clause (i), by striking ‘‘and’’ after the semicolon; (II) in clause (ii), by striking ‘‘American Indian and Alaska Native’’ and inserting ‘‘Indian’’; and (III) by adding at the end the following: ‘‘(iii) determined that the program will directly enhance the educational experience of Indian students; and’’; and (vi) in subparagraph (D), as redesignated by clause (iv), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ‘‘(5) the local educational agency will coordinate activities under this title with other Federal programs supporting edu- cational and related services administered by such agency; ‘‘(6) the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; ‘‘(7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and ‘‘(8) the local educational agency has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents and family members of the children, and representatives of the area, to be served.’’; and (4) by adding at the end the following: ‘‘(d) T ECHNICAL A SSISTANCE .—The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions

251 S. 1177—251 of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— ‘‘(1) the development of applications under this subpart, including identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart; ‘‘(2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and ‘‘(3) integration of activities under this subpart with other educational activities carried out by the local educational agency.’’. (g) A S ERVICES AND A UTHORIZED .—Section 6115 (20 CTIVITIES U.S.C. 7425) (as redesignated by section 6001) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘solely for the serv- ices and activities described in such application’’ before the semicolon; and (B) in paragraph (2), by striking ‘‘with special regard for’’ and inserting ‘‘to be responsive to’’; (2) by striking subsection (b) and inserting the following: ARTICULAR A CTIVITIES .—The services and activities ‘‘(b) P referred to in subsection (a) may include— ‘‘(1) activities that support Native American language pro- grams and Native American language restoration programs, which may be taught by traditional leaders; ‘‘(2) culturally related activities that support the program described in the application submitted by the local educational agency; ‘‘(3) early childhood and family programs that emphasize school readiness; ‘‘(4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards; ‘‘(5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achieve- ment; ‘‘(6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), including programs for tech- prep education, mentoring, and apprenticeship; ‘‘(7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; ‘‘(8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 6111; ‘‘(9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; ‘‘(10) family literacy services; ‘‘(11) activities that recognize and support the unique cul- tural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors;

252 S. 1177—252 ‘‘(12) dropout prevention strategies for Indian students; and ‘‘(13) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strate- gies that support Indian students who are transitioning from such facilities to schools served by local educational agencies.’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘and’’ after the semi- colon; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program.’’; and (4) by adding at the end the following: ‘‘(e) L U SE OF F IMITATION ON THE .—Funds provided to UNDS a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or regionally.’’. NTEGRATION OF S ERVICES A UTHORIZED .—Section 6116 (20 (h) I U.S.C. 7426) (as redesignated by section 6001) is amended— (1) in subsection (g), in the matter preceding paragraph (1)— (A) by striking ‘‘No Child Left Behind Act of 2001’’ and inserting ‘‘Every Student Succeeds Act’’; (B) by inserting ‘‘the Secretary of Health and Human Services,’’ after ‘‘the Secretary of the Interior,’’; and (C) by inserting ‘‘and coordination’’ after ‘‘providing for the implementation’’; and (2) in subsection (o)— (A) in paragraph (1), by striking ‘‘the No Child Left Behind Act of 2001’’ and inserting ‘‘the Every Student Succeeds Act’’; and (B) in paragraph (2)— (i) by striking ‘‘the No Child Left Behind Act of 2001’’ and inserting ‘‘the Every Student Succeeds Act’’; and (ii) by striking the second sentence. (i) S E TUDENT F ORMS .—Section 6117 (20 U.S.C. 7427) LIGIBILITY (as redesignated by section 6001) is amended— (1) in subsection (a), by adding at the end the following: ‘‘All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary.’’; (2) by striking subsection (d); (3) by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), respectively; (4) by striking subsection (d), as redesignated by paragraph (4), and inserting the following: ‘‘(d) D OCUMENTATION AND T YPES OF P ROOF .— ‘‘(1) T YPES OF PROOF .—For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 6113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined)

253 S. 1177—253 may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. O NEW OR DUPLICATIVE DETERMINATIONS .—Once a ‘‘(2) N child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall main- tain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. ‘‘(3) P REVIOUSLY FILED FORMS .—An Indian student eligi- bility form that was on file as required by this section on the day before the date of enactment of the Every Student Succeeds Act and that met the requirements of this section, as this section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student.’’; (5) in subsection (f), as redesignated by paragraph (4), by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’; and (6) in subsection (g), as redesignated by paragraph (4), by striking ‘‘subsection (g)(1)’’ and inserting ‘‘subsection (f)(1)’’. (j) P .—Section 6118 (20 U.S.C. 7428) (as redesignated AYMENTS by section 6001) is amended, by striking subsection (c) and inserting the following: EDUCTION OF P AYMENT FOR ‘‘(c) R AILURE T O M AINTAIN F ISCAL F E FFORT .—Each local educational agency shall maintain fiscal effort in accordance with section 8521 or be subject to reduced payments under this subpart in accordance with such section 8521.’’. MPROVEMENT OF DUCATIONAL O PPORTUNITIES FOR I NDIAN (k) I E HILDREN AND C OUTH .—Section 6121 (20 U.S.C. 7441) (as redesig- Y nated by section 6001) is amended— (1) by striking the section header and inserting the fol- lowing: ‘‘SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.’’; (2) in subsection (a)— (A) in paragraph (1), by inserting ‘‘and youth’’ after ‘‘Indian children’’; and (B) in paragraph (2)(B), by striking ‘‘American Indian and Alaska Native children’’ and inserting ‘‘Indian children and youth’’; (3) in subsection (b), by striking ‘‘Indian institution (including an Indian institution of higher education)’’ and inserting ‘‘a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)))’’; (4) by striking subsection (c) and inserting the following: ‘‘(c) G RANTS A UTHORIZED .—The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including— ‘‘(1) innovative programs related to the educational needs of educationally disadvantaged Indian children and youth; ‘‘(2) educational services that are not available to such children and youth in sufficient quantity or quality, including

254 S. 1177—254 remedial instruction, to raise the achievement of Indian chil- dren in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography; ‘‘(3) bilingual and bicultural programs and projects; ‘‘(4) special health and nutrition services, and other related activities, that address the special health, social, and psycho- logical problems of Indian children and youth; ‘‘(5) special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth; ‘‘(6) comprehensive guidance, counseling, and testing serv- ices; ‘‘(7) early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kinder- garten programs, family-based preschool programs that empha- size school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; ‘‘(8) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsec- ondary education; ‘‘(9) partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career; ‘‘(10) programs designed to encourage and assist Indian students to work toward, and gain entrance into, institutions of higher education; ‘‘(11) family literacy services; ‘‘(12) activities that recognize and support the unique cul- tural and educational needs of Indian children and youth, and incorporate traditional leaders; ‘‘(13) high-quality professional development of teaching professionals and paraprofessionals; or ‘‘(14) other services that meet the purpose described in this section.’’; and (5) in subsection (d)— (A) in paragraph (1)(C), by striking ‘‘make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines’’ and inserting ‘‘award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines’’; and (B) in paragraph (3)(B)— (i) in clause (i), by striking ‘‘parents of Indian children’’ and inserting ‘‘parents and family of Indian children’’; and (ii) in clause (iii), by striking ‘‘information dem- onstrating that the proposed program for the activities is a scientifically based research program’’ and inserting ‘‘information demonstrating that the proposed program is an evidence-based program’’.

255 S. 1177—255 (l) P D EVELOPMENT FOR T EACHERS AND E DUCATION ROFESSIONAL ROFESSIONALS P .—Section 6122 (20 U.S.C. 7442) (as redesignated by section 6001) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) to increase the number of qualified Indian teachers and administrators serving Indian students;’’; (B) by striking paragraph (2) and inserting the fol- lowing: ‘‘(2) to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;’’; (C) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and (D) by adding at the end the following: ‘‘(4) to develop and implement initiatives to promote reten- tion of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian stu- dents improve their academic achievement, outcomes, and preparation for postsecondary education or employment.’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘including an Indian institution of higher education’’ and inserting ‘‘including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))’’; and (B) in paragraph (4), by inserting ‘‘in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), where feasible’’ before the period at the end; (3) in subsection (d)(1)— (A) in the first sentence, by striking ‘‘purposes’’ and inserting ‘‘purpose’’; and (B) by striking the second sentence and inserting ‘‘Such activities may include— ‘‘(A) continuing education programs, symposia, work- shops, and conferences; ‘‘(B) teacher mentoring programs, professional guid- ance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers; ‘‘(C) direct financial support; and ‘‘(D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support.’’; and (4) by striking subsection (e) and inserting the following: ‘‘(e) A PPLICATION .—Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.

256 S. 1177—256 At a minimum, an application under this section shall describe how the eligible entity will— ‘‘(1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders; ‘‘(2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and ‘‘(3) assist participants in meeting the requirements under subsection (h).’’; (5) in subsection (f)— (A) by redesignating paragraphs (1) and (2) as para- graphs (2) and (3), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: ‘‘(1) may give priority to Tribal Colleges and Universities;’’; and (C) in paragraph (3), as redesignated by subparagraph (A), by striking ‘‘basis of’’ and all that follows through the period at the end and inserting ‘‘basis of the length of any period for which the eligible entity has received a grant.’’; (6) by striking subsection (g) and inserting the following: ‘‘(g) G RANT ERIOD .—The Secretary shall award grants under P this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant.’’; and (7) in subsection (h)(1)(A)(ii), by striking ‘‘people’’ and inserting ‘‘students in a local educational agency that serves a high proportion of Indian students’’. ATIONAL R ESEARCH (m) N CTIVITIES .—Section 6131 (20 U.S.C. A 7451) (as redesignated by section 6001) is amended— (1) in subsection (a), by striking ‘‘under section 7152(b)’’ and inserting ‘‘to carry out this subpart’’; and (2) in subsection (c)(2), by inserting ‘‘, the Bureau of Indian Education,’’ after ‘‘Office of Indian Education Programs’’. (n) I N - SERVICE T RAINING FOR T EACHERS OF I NDIAN C HILDREN ; I F NDIAN S TUDENTS ; G IFTED AND T ALENTED I NDIAN ELLOWSHIPS FOR S TUDENTS .—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended— (1) by striking sections 6132, 6133, and 6134 (as redesig- nated by section 6001); and (2) by redesignating section 6135 (as redesignated by sec- tion 6001) as section 6132. (o) N ATIVE A MERICAN L ANGUAGE .—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended by inserting after section 6132 (as redesignated by subsection (n)(2)) the fol- lowing: ‘‘SEC. 6133. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS AND PROGRAMS. ‘‘(a) P URPOSES .—The purposes of this section are— ‘‘(1) to establish a grant program to support schools that use Native American and Alaska Native languages as the pri- mary language of instruction;

257 S. 1177—257 ‘‘(2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, prac- tice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.); and ‘‘(3) to support the Nation’s First Peoples’ efforts to main- tain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes within Native American and Alaska Native communities. A ROGRAM .— UTHORIZED ‘‘(b) P N GENERAL .—From funds reserved under section ‘‘(1) I 6152(c), the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction. ‘‘(2) E LIGIBLE ENTITIES .—In this subsection, the term ‘eligible entity’ means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruc- tion in elementary schools or secondary schools, or both: ‘‘(A) An Indian tribe. ‘‘(B) A Tribal College or University (as defined in sec- tion 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)). ‘‘(C) A tribal education agency. ‘‘(D) A local educational agency, including a public charter school that is a local educational agency under State law. ‘‘(E) A school operated by the Bureau of Indian Edu- cation. ‘‘(F) An Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settle- ment Act (43 U.S.C. 1602(g))). ‘‘(G) A private, tribal, or Alaska Native nonprofit organization. ‘‘(H) A nontribal for-profit organization. PPLICATION .— ‘‘(c) A ‘‘(1) I N GENERAL .—An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including the following: ‘‘(A) The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. ‘‘(B) The number of students attending such school. ‘‘(C) The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. ‘‘(D) A description of how the eligible entity will— ‘‘(i) use the funds provided to meet the purposes of this section; ‘‘(ii) implement the activities described in sub- section (e);

258 S. 1177—258 ‘‘(iii) ensure the implementation of rigorous aca- demic content; and ‘‘(iv) ensure that students progress toward high- level fluency goals. ‘‘(E) Information regarding the school’s organizational governance or affiliations, including information about— ‘‘(i) the school governing entity (such as a local educational agency, tribal education agency or depart- ment, charter organization, private organization, or other governing entity); ‘‘(ii) the school’s accreditation status; ‘‘(iii) any partnerships with institutions of higher education; and ‘‘(iv) any indigenous language schooling and research cooperatives. ‘‘(F) An assurance that— ‘‘(i) the school is engaged in meeting State or trib- ally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law; ‘‘(ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; ‘‘(iii) the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and ‘‘(iv) the school will collect and report to the public data relative to student achievement and, if appro- priate, rates of high school graduation, career readi- ness, and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the school’s programs. ‘‘(2) L .—The Secretary shall not give a priority IMITATION in awarding grants under this section based on the information described in paragraph (1)(E). UBMISSION OF CERTIFICATION .— ‘‘(3) S ‘‘(A) I .—An eligible entity that is a public N GENERAL elementary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a nontribal for-profit or nonprofit organiza- tion shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that— ‘‘(i) the school or organization has the capacity to provide education primarily through a Native Amer- ican or an Alaska Native language; and ‘‘(ii) there are sufficient speakers of the target language at the school or available to be hired by the school or organization. ‘‘(B) C ERTIFICATION .—The certification described in subparagraph (A) shall be from one of the following entities, on whose land the school or program is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school:

259 S. 1177—259 ‘‘(i) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)). ‘‘(ii) A Federally recognized Indian tribe or tribal organization. ‘‘(iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization. ‘‘(iv) A Native Hawaiian organization. ‘‘(d) A WARDING OF G RANTS .—In awarding grants under this section, the Secretary shall— ‘‘(1) determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and ‘‘(2) ensure, to the maximum extent feasible, that diversity in languages is represented. ‘‘(e) A CTIVITIES A UTHORIZED .— EQUIRED ACTIVITIES ‘‘(1) R .—An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: ‘‘(A) Supporting Native American or Alaska Native lan- guage education and development. ‘‘(B) Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program. LLOWABLE ACTIVITIES .—An eligible entity that ‘‘(2) A receives a grant under this section may use such funds to carry out the following activities: ‘‘(A) Developing or refining curriculum, including teaching materials and activities, as appropriate. ‘‘(B) Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards. ‘‘(C) Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program. ‘‘(f) R EPORT TO ECRETARY .—Each eligible entity that receives S a grant under this section shall prepare and submit an annual report to the Secretary, which shall include— ‘‘(1) the activities the entity carried out to meet the pur- poses of this section; and ‘‘(2) the number of children served by the program and the number of instructional hours in the Native American or Alaska Native language. ‘‘(g) A C OSTS .—Not more than 5 percent of the DMINISTRATIVE funds provided to a grantee under this section for any fiscal year may be used for administrative purposes.’’. (p) G RANTS TO T RIBES FOR E DUCATION A DMINISTRATIVE P LAN - NING EVELOPMENT , AND C OORDINATION .—Section 6132 (20 U.S.C. , D 7455) (as redesignated by subsection (n)) is amended to read as follows: ‘‘SEC. 6132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING, DEVELOPMENT, AND COORDINATION. ‘‘(a) I N G ENERAL .—The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— ‘‘(1) promote tribal self-determination in education;

260 S. 1177—260 ‘‘(2) improve the academic achievement of Indian children and youth; and ‘‘(3) promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and cul- turally related academic needs of Indian students. ‘‘(b) D .—In this section: EFINITIONS ‘‘(1) E LIGIBLE APPLICANT .—In this section, the term ‘eligible applicant’ means— ‘‘(A) an Indian tribe or tribal organization approved by an Indian tribe; or ‘‘(B) a tribal educational agency. ‘‘(2) I NDIAN TRIBE .—The term ‘Indian tribe’ means a feder- ally recognized tribe or a State-recognized tribe. ‘‘(3) T RIBAL EDUCATIONAL AGENCY .—The term ‘tribal edu- cational agency’ means the agency, department, or instrumen- tality of an Indian tribe that is primarily responsible for sup- porting tribal students’ elementary and secondary education. RANT P ROGRAM .—The Secretary may award grants to— ‘‘(c) G ‘‘(1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and ‘‘(2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— ‘‘(A) directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; ‘‘(B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State edu- cational agencies and local educational agencies that edu- cate students from the tribe; ‘‘(C) receive training and support from the State edu- cational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; ‘‘(D) train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; ‘‘(E) build on existing activities or resources rather than replacing other funds; and ‘‘(F) carry out other activities, consistent with the pur- poses of this section. ‘‘(d) G RANT PPLICATION .— A ‘‘(1) I N GENERAL .—Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reason- ably prescribe. ‘‘(2) C ONTENTS .—Each application described in paragraph (1) shall contain— ‘‘(A) a statement describing the activities to be con- ducted, and the objectives to be achieved, under the grant; ‘‘(B) a description of the method to be used for evalu- ating the effectiveness of the activities for which assistance

261 S. 1177—261 is sought and for determining whether such objectives are achieved; and ‘‘(C) for applications for activities under subsection (c)(2), evidence of— ‘‘(i) a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and ‘‘(ii) existing capacity as a tribal educational agency. PPROVAL .—The Secretary may approve an application ‘‘(3) A submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application— ‘‘(A) demonstrates that the eligible applicant has con- sulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant; ‘‘(B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and ‘‘(C) demonstrates that there will be adequate resources provided under this section or from other sources to com- plete the activities for which assistance is sought. ‘‘(e) R .— ESTRICTIONS N GENERAL .—An Indian tribe may not receive funds ‘‘(1) I under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020). ‘‘(2) D IRECT SERVICES .—No funds under this section may be used to provide direct services. UPPLEMENT , N OT S UPPLANT .—Funds under this section ‘‘(f) S shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students.’’. MPROVEMENT OF E DUCATIONAL O PPORTUNITIES FOR A DULT (q) I I .—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by NDIANS section 6001) is amended by striking section 6136. .—Sec- A DVISORY C OUNCIL ON I NDIAN E DUCATION ATIONAL (r) N tion 6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 6001) is amended by inserting ‘‘and the Secretary of the Interior’’ after ‘‘advise the Secretary’’. (s) D EFINITIONS .—Section 6151 (20 U.S.C. 7491) (as redesig- nated by section 6001) is amended by adding at the end the fol- lowing: ‘‘(4) T RADITIONAL LEADERS .—The term ‘traditional leaders’ has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).’’. (t) A UTHORIZATIONS OF A .—Section 6152 (20 PPROPRIATIONS U.S.C. 7492) (as redesignated by section 6001) is amended— (1) in subsection (a), by striking ‘‘$96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years’’ and inserting ‘‘$100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal year 2020’’; (2) in subsection (b)— (A) in the subsection heading, by striking ‘‘S UBPARTS 2 AND 3’’ and inserting ‘‘S UBPART 2’’;

262 S. 1177—262 (B) by striking ‘‘subparts 2 and 3’’ and inserting ‘‘sub- part 2’’; and (C) by striking ‘‘$24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years’’ and inserting ‘‘$17,993,000 for each of fiscal years 2017 through 2020’’; and (3) by adding at the end the following: UBPART 3.—For the purpose of carrying out subpart 3, ‘‘(c) S there are authorized to be appropriated $5,565,000 for each of fiscal years 2017 through 2020.’’. SEC. 6003. NATIVE HAWAIIAN EDUCATION. .—Section 6202 (20 U.S.C. 7512) (as redesignated INDINGS (a) F by section 6001) is amended by striking paragraphs (14) through (21). (b) N H ATIVE E DUCATION C OUNCIL .—Section 6204 (20 AWAIIAN U.S.C. 7514) (as redesignated by section 6001) is amended to read as follows: ‘‘SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL. RANT A UTHORIZED ‘‘(a) G .—In order to better effectuate the pur- poses of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b). ‘‘(b) E DUCATION OUNCIL .— C LIGIBILITY ‘‘(1) E .—To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the ‘Education Council’) that meets the requirements of this subsection. OMPOSITION ‘‘(2) C .—The Education Council shall consist of 15 members, of whom— ‘‘(A) 1 shall be the President of the University of Hawaii (or a designee); ‘‘(B) 1 shall be the Governor of the State of Hawaii (or a designee); ‘‘(C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); ‘‘(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); ‘‘(E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); ‘‘(F) 1 shall be the chief executive officer of the Kame- hameha Schools (or a designee); ‘‘(G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); ‘‘(H) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who rep- resent one or more private grant-making entities that is submitted to the Secretary by the Education Council; ‘‘(I) 1 shall be the Mayor of the County of Hawaii (or a designee); ‘‘(J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); ‘‘(K) 1 shall be the Mayor of the County of Kauai (or a designee);

263 S. 1177—263 ‘‘(L) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County; ‘‘(M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); ‘‘(N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and ‘‘(O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the pri- vate sector). ‘‘(3) R EQUIREMENTS .—Any designee serving on the Edu- cation Council shall demonstrate, as determined by the indi- vidual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration. IMITATION .—A member (including a designee), while ‘‘(4) L serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part. ‘‘(5) T ERM OF MEMBERS .—A member who is a designee shall serve for a term of not more than 4 years. HAIR ; .— VICE CHAIR ‘‘(6) C ELECTION .—The Education Council shall select ‘‘(A) S a Chairperson and a Vice Chairperson from among the members of the Education Council. ‘‘(B) T ERM LIMITS .—The Chairperson and Vice Chair- person shall each serve for a 2-year term. ‘‘(7) A DMINISTRATIVE PROVISIONS RELATING TO EDUCATION .—The Education Council shall meet at the call of COUNCIL the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. O COMPENSATION .—None of the funds made available ‘‘(8) N through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. ‘‘(c) U SE OF F UNDS FOR C OORDINATION A CTIVITIES .—The Edu- cation Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities: ‘‘(1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. ‘‘(2) Assessing the extent to which such services and pro- grams meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. ‘‘(3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity.

264 S. 1177—264 ‘‘(4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). ‘‘(5) Hiring an executive director, who shall assist in exe- cuting the duties and powers of the Education Council, as described in subsection (d). ‘‘(d) U UNDS FOR T ECHNICAL A SE OF .—The Edu- F SSISTANCE cation Council shall use funds made available through a grant under subsection (a) to— ‘‘(1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; ‘‘(2) obtain from such grantees information and data regarding grants awarded under this part, including informa- tion and data about— ‘‘(A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and ‘‘(B) the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 6205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes; ‘‘(3) assess and define the educational needs of Native Hawaiians; ‘‘(4) assess the programs and services available to address the educational needs of Native Hawaiians; ‘‘(5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and ‘‘(6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— ‘‘(A) a description of the activities of the Education Council during the calendar year; ‘‘(B) a description of significant barriers to achieving the goals of this part; ‘‘(C) a summary of each community consultation ses- sion described in subsection (e); and ‘‘(D) recommendations to establish priorities for funding under this part, based on an assessment of— ‘‘(i) the educational needs of Native Hawaiians; ‘‘(ii) programs and services available to address such needs; ‘‘(iii) the effectiveness of programs in improving the educational performance of Native Hawaiian stu- dents to help such students meet challenging State academic standards under section 1111(b)(1); and ‘‘(iv) priorities for funding in specific geographic communities. ‘‘(e) U SE OF F UNDS FOR C OMMUNITY C ONSULTATIONS .—The Edu- cation Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—

265 S. 1177—265 ‘‘(1) not fewer than 3 members of the Education Council shall be in attendance; ‘‘(2) the Education Council shall gather community input regarding— ‘‘(A) current grantees under this part, as of the date of the consultation; ‘‘(B) priorities and needs of Native Hawaiians; and ‘‘(C) other Native Hawaiian education issues; and ‘‘(3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. .—For each fiscal year, the Secretary shall use ‘‘(f) F UNDING the amount described in section 6205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended.’’. (c) P ROGRAM UTHORIZED .—Section 6205 (20 U.S.C. 7515) (as A redesignated by section 6001) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking ‘‘and’’ after the semicolon; (ii) by redesignating subparagraph (D) as subpara- graph (E); and (iii) by inserting after subparagraph (C) the fol- lowing: ‘‘(D) charter schools; and’’; (B) in paragraph (3)— (i) in subparagraph (C)— (I) by striking ‘‘third grade’’ and inserting ‘‘grade 3’’; and (II) by striking ‘‘fifth and sixth grade’’ and inserting ‘‘grades 5 and 6’’; (ii) in subparagraph (D)(ii), by striking ‘‘of those students’’ and inserting ‘‘of such students’’; (iii) in subparagraph (E)(ii), by striking ‘‘students’ educational progress’’ and inserting ‘‘educational progress of such students’’; (iv) in subparagraph (G)(ii), by striking ‘‘concentra- tions’’ and all that follows through ‘‘; and’’ and inserting ‘‘high concentrations of Native Hawaiian students to meet the unique needs of such students; and’’; and (v) in subparagraph (H)— (I) in the matter preceding clause (i), by striking ‘‘families’’ and inserting ‘‘students, par- ents, families,’’; (II) in clause (i), by striking ‘‘preschool pro- grams’’ and inserting ‘‘early childhood education programs’’; (III) by striking clause (ii) and inserting the following: ‘‘(ii) before, after, and summer school programs, expanded learning time, or weekend academies;’’; and (IV) in clause (iii), by striking ‘‘vocational and adult education programs’’ and inserting ‘‘career and technical education programs’’; and (vi) by striking clauses (i) through (v) of subpara- graph (I) and inserting the following:

266 S. 1177—266 ‘‘(i) family literacy services; and ‘‘(ii) counseling, guidance, and support services for students;’’; and (C) by striking paragraph (4); and (2) in subsection (c)— (A) in paragraph (1), by striking ‘‘such sums as may be necessary for fiscal year 2002 and each of the 5 suc- ceeding fiscal years’’ and inserting ‘‘$32,397,000 for each of fiscal years 2017 through 2020’’; and (B) in paragraph (2), by striking ‘‘for fiscal year 2002 and each of the 5 succeeding fiscal years’’ and inserting ‘‘for each of fiscal years 2017 through 2020’’. (d) D EFINITIONS .—Section 6207 (20 U.S.C. 7517) (as redesig- nated by section 6001) is amended— (1) by redesignating paragraphs (1) through (6) as para- graphs (2) through (7), respectively; and (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following: ‘‘(1) C OMMUNITY CONSULTATION .—The term ‘community consultation’ means a public gathering— ‘‘(A) to discuss Native Hawaiian education concerns; and ‘‘(B) about which the public has been given not less than 30 days notice.’’. SEC. 6004. ALASKA NATIVE EDUCATION. (a) F INDINGS .—Section 6302 (20 U.S.C. 7542) (as redesignated by section 6001) is amended by striking paragraphs (1) through (7) and inserting the following: ‘‘(1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education pro- grams and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. ‘‘(2) Many Alaska Native children enter and exit school with serious educational disadvantages. ‘‘(3) Overcoming the magnitude of the geographic chal- lenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continue, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. ‘‘(4) The preservation of Alaska Native cultures and lan- guages and the integration of Alaska Native cultures and lan- guages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational suc- cess and the long-term well-being of Alaska Native students. ‘‘(5) Improving educational outcomes for Alaska Native stu- dents increases access to employment opportunities. ‘‘(6) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native commu- nity to improve educational opportunity for Alaska Native stu- dents. In 1983, pursuant to Public Law 98–63, Alaska ceased

267 S. 1177—267 to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Natives.’’. URPOSES .—Section 6303 (20 U.S.C. 7543) (as redesignated (b) P by section 6001) is amended— (1) in paragraph (1), by inserting ‘‘and address’’ after ‘‘To recognize’’; (2) by striking paragraph (3); (3) by redesignating paragraphs (2) and (4) as paragraphs (4) and (5), respectively; (4) by inserting after paragraph (1) the following: ‘‘(2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students. ‘‘(3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based cur- riculum and programming.’’; (5) in paragraph (4), as redesignated by paragraph (3), by striking ‘‘of supplemental educational programs to benefit Alaska Natives.’’ and inserting ‘‘, management, and expansion of effective supplemental educational programs to benefit Alaska Natives.’’; and (6) by adding at the end the following: ‘‘(6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, implementation, management, and evaluation of programs designed to serve Alaska Native students.’’. (c) P ROGRAM A UTHORIZED .—Section 6304 (20 U.S.C. 7544) (as redesignated by section 6001) is amended to read as follows: ‘‘SEC. 6304. PROGRAM AUTHORIZED. ENERAL UTHORITY .— ‘‘(a) G A RANTS AND CONTRACTS ‘‘(1) G .—The Secretary is authorized to make grants to, or enter into contracts with— ‘‘(A) Alaska Native organizations with experience oper- ating programs that fulfill the purposes of this part; ‘‘(B) Alaska Native organizations that do not have the experience described in subparagraph (A) but are in part- nership with— ‘‘(i) a State educational agency or a local edu- cational agency; or ‘‘(ii) an Alaska Native organization that operates a program that fulfills the purposes of this part; ‘‘(C) an entity located in Alaska, and predominately governed by Alaska Natives, that does not meet the defini- tion of an Alaska Native organization under this part but— ‘‘(i) has experience operating programs that fulfill the purposes of this part; and ‘‘(ii) is granted an official charter or sanction, as described in the definition of a tribal organization under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), from at least one Alaska Native tribe or Alaska Native

268 S. 1177—268 organization to carry out programs that meet the pur- poses of this part. ‘‘(2) M ANDATORY ACTIVITIES .—Activities provided through the programs carried out under this part shall include the following: ‘‘(A) The development and implementation of plans, methods, strategies, and activities to improve the edu- cational outcomes of Alaska Natives. ‘‘(B) The collection of data to assist in the evaluation of the programs carried out under this part. ‘‘(3) P ERMISSIBLE ACTIVITIES .—Activities provided through programs carried out under this part may include the following: ‘‘(A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: ‘‘(i) Curriculum materials that are culturally informed and reflect the cultural diversity, languages, history, or the contributions of Alaska Native people, including curricula intended to preserve and promote Alaska Native culture. ‘‘(ii) Instructional programs that make use of Alaska Native languages and cultures. ‘‘(iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. ‘‘(B) Training and professional development activities for educators, including the following: ‘‘(i) Pre-service and in-service training and profes- sional development programs to prepare teachers to develop appreciation for, and understanding of, Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and improve the teaching methods of educators. ‘‘(ii) Recruitment and preparation of Alaska Native teachers. ‘‘(iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents. ‘‘(C) Early childhood and parenting education activities designed to improve the school readiness of Alaska Native children, including— ‘‘(i) the development and operation of home visiting programs for Alaska Native preschool children, to ensure the active involvement of parents in their chil- dren’s education from the earliest ages; ‘‘(ii) training, education, and support, including in- home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cog- nitive development, reading readiness, observation, storytelling, and critical thinking); ‘‘(iii) family literacy services; ‘‘(iv) activities carried out under the Head Start Act (42 U.S.C. 9831 et seq.);

269 S. 1177—269 ‘‘(v) programs for parents and their infants, from the prenatal period of the infant through age 3; ‘‘(vi) early childhood education programs; and ‘‘(vii) native language immersion within early childhood education programs, Head Start, or preschool programs. ‘‘(D) The development and operation of student enrich- ment programs, including programs in science, technology, engineering, and mathematics that— ‘‘(i) are designed to prepare Alaska Native students to excel in such subjects; ‘‘(ii) provide appropriate support services to enable such students to benefit from the programs; and ‘‘(iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers. ‘‘(E) Research and data collection activities to deter- mine the educational status and needs of Alaska Native children and adults and other such research and evaluation activities related to programs funded under this part. ‘‘(F) Activities designed to enable Alaska Native stu- dents served under this part to meet the challenging State academic standards or increase the graduation rates of Alaska Native students, such as— ‘‘(i) remedial and enrichment programs; ‘‘(ii) culturally based education programs, such as— ‘‘(I) programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Natives among Alaska Native youth and elders, non-Native students and teachers, and the larger community; ‘‘(II) instructing Alaska Native youth in leader- ship, communication, and Alaska Native culture, arts, history, and languages; ‘‘(III) intergenerational learning and intern- ship opportunities to Alaska Native youth and young adults; ‘‘(IV) providing cultural immersion activities aimed at Alaska Native cultural preservation; ‘‘(V) native language instruction and immer- sion activities, including native language immer- sion nests or schools; ‘‘(VI) school-within-a-school model programs; and ‘‘(VII) preparation for postsecondary education and career planning; and ‘‘(iii) comprehensive school or community-based support services, including services that— ‘‘(I) address family instability and trauma; and ‘‘(II) improve conditions for learning at home, in the community, and at school. ‘‘(G) Student and teacher exchange programs, cross- cultural immersion programs, and culture camps designed

270 S. 1177—270 to build mutual respect and understanding among partici- pants. ‘‘(H) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, use strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component. ‘‘(I) Strategies designed to increase the involvement of parents in their children’s education. ‘‘(J) Programs and strategies that increase connections between and among schools, families, and communities, including positive youth-adult relationships, to— ‘‘(i) promote the academic progress and positive development of Alaska Native children and youth; and ‘‘(ii) improve conditions for learning at home, in the community, and at school. ‘‘(K) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, men- toring, training, and apprenticeship activities. ‘‘(L) Support for the development and operational activities of regional vocational schools in rural areas of Alaska to provide students with necessary resources to prepare for skilled employment opportunities. ‘‘(M) Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity in Alaska Native students to promote their pursuit of and success in com- pleting higher education or career training. ‘‘(N) Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults. ‘‘(b) A UTHORIZATION OF A .—There are authorized PPROPRIATIONS to be appropriated to carry out this section $31,453,000 for each of fiscal years 2017 through 2020.’’. (d) A P ROVISIONS .—Section 6305 (20 U.S.C. 7545) DMINISTRATIVE (as redesignated by section 6001) is amended to read as follows: ‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS. ‘‘Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes.’’. (e) D EFINITIONS .—Section 6306 (20 U.S.C. 7546) (as redesig- nated by section 6001) is amended— (1) in paragraph (1), by inserting ‘‘(43 U.S.C. 1602(b)) and includes the descendants of individuals so defined’’ after ‘‘Settle- ment Act’’; (2) by striking paragraph (2) and inserting the following: ‘‘(2) A LASKA NATIVE ORGANIZATION .—The term ‘Alaska Native organization’ means an organization that has or commits to acquire expertise in the education of Alaska Natives and is— ‘‘(A) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), that is an Indian tribe located in Alaska;

271 S. 1177—271 ‘‘(B) a ‘tribal organization’, as defined in section 4 of such Act (25 U.S.C. 450b), that is a tribal organization located in Alaska; or ‘‘(C) an organization listed in clauses (i) through (xii) of section 419(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through (xii)), or the successor of an entity so listed.’’. SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDU- CATION. .—In this section: (a) D EFINITIONS .—The term ‘‘institu- NSTITUTION OF HIGHER EDUCATION (1) I tion of higher education’’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (2) L .—The term ‘‘local edu- OCAL EDUCATIONAL AGENCY cational agency’’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. ATIVE AMERICAN ; NATIVE AMERICAN LANGUAGE .—The (3) N terms ‘‘Native American’’ and ‘‘Native American language’’ have the meanings given such terms in section 103 of the Native American Languages Act of 1990 (25 U.S.C. 2902). TATE EDUCATIONAL AGENCY .—The term ‘‘State edu- (4) S cational agency’’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. .—By not later than 18 months after the date of TUDY (b) S enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— (1) conduct a study to evaluate all levels of education being provided primarily through the medium of Native Amer- ican languages; and (2) report on the findings of such study. ONSULTATION .—In carrying out the study conducted under (c) C subsection (b), the Secretary shall consult with— (1) institutions of higher education that conduct Native American language immersion programs, including teachers of such programs; (2) State educational agencies and local educational agen- cies; (3) Indian tribes and tribal organizations, as such terms are defined by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) that sponsor Native American language immersion schools; and (4) experts in the fields of Native American or Alaska Native language and Native American language medium edu- cation, including scholars who are fluent in Native American languages. (d) S COPE OF S TUDY .—The study conducted under subsection (b) shall evaluate the components, policies, and practices of success- ful Native American language immersion schools and programs, including— (1) the level of expertise in educational pedagogy, Native American language fluency, and experience of the principal, teachers, paraprofessionals, and other educational staff; (2) how such schools and programs are using Native Amer- ican languages to provide instruction in reading, language arts,

272 S. 1177—272 mathematics, science, and, as applicable, other academic sub- jects; (3) how such schools and programs assess the academic proficiency of the students, including— (A) whether the school administers assessments of lan- guage arts, mathematics, science, and other academic sub- jects in the Native American language of instruction; (B) whether the school administers assessments of lan- guage arts, mathematics, science, and other academic sub- jects in English; and (C) how the standards measured by the assessments in the Native American language of instruction and in English compare; and (4) the academic outcomes, graduation rate, and other out- comes of students who have completed the highest grade taught primarily through such schools or programs, including, when available, college attendance rates compared with demographi- cally similar students who did not attend a school in which the language of instruction was a Native American language. (e) R ECOMMENDATIONS .—Not later than 18 months after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— (1) develop a report that includes findings and conclusions regarding the study conducted under subsection (b), including recommendations for such legislative and administrative actions as the Secretary of Education considers to be appro- priate; (2) consult with the entities described in subsection (c) in reviewing such findings and conclusions; and (3) submit the report described in paragraph (1) to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Education and the Workforce of the House of Representatives. (C) The Committee on Indian Affairs of the Senate. (D) The Subcommittee on Indian, Insular and Alaska Native Affairs of the House of Representatives. SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES. (a) P .— REPARATION (1) I N GENERAL .—The Secretary of Education, in coordina- tion with the Secretary of the Interior and the Secretary of Health and Human Services, shall prepare a report on efforts to address outbreaks of suicides among elementary school and secondary school students (referred to in this section as ‘‘student suicides’’) that occurred within 1 year prior to the date of enactment of this Act in Indian country (as defined in section 1151 of title 18, United States Code). (2) C ONTENTS .—The report described in paragraph (1) shall include information on— (A) the Federal response to the occurrence of high numbers of student suicides in Indian country (as so defined); (B) a list of Federal resources available to prevent and respond to outbreaks of student suicides, including the availability and use of tele-behavioral health care;

273 S. 1177—273 (C) any barriers to timely implementation of programs or interagency collaboration regarding student suicides; (D) interagency collaboration efforts to streamline access to programs regarding student suicides, including information on how the Department of Education, the Department of the Interior, and the Department of Health and Human Services work together on administration of such programs; (E) recommendations to improve or consolidate resources or programs described in subparagraph (B) or (D); and (F) feedback from Indian tribes to the Federal response described in subparagraph (A). (b) S UBMISSION .—Not later than 270 days after the date of enactment of this Act, the Secretary of Education shall submit the report described in subsection (a) to the appropriate committees of Congress. TITLE VII—IMPACT AID SEC. 7001. GENERAL PROVISIONS. 2012.—Section 563(c) MPACT ID I MPROVEMENT A (a) I A CT OF of National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known as the ‘‘Impact Aid Improvement Act of 2012’’), as amended by section 563 of division A of Public Law 113–291, is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively. (b) R EPEAL .—Section 309 of division H of the Consolidated Appropriations Act, 2014 (Public Law 113–76; 20 U.S.C. 7702 note) is repealed. ITLE VII R EDESIGNATIONS .—Title VIII (20 U.S.C. 7701 et (c) T seq.) is redesignated as title VII and further amended— (1) by redesignating sections 8001 through 8005 as sections 7001 through 7005, respectively; and (2) by redesignating sections 8007 through 8014 as sections 7007 through 7014, respectively. (d) C ONFORMING A MENDMENTS .—Title VII (as redesignated by subsection (c) of this section) is further amended— (1) by striking ‘‘section 8002’’ each place it appears and inserting ‘‘section 7002’’; (2) by striking ‘‘section 8003’’ each place it appears and inserting ‘‘section 7003’’; (3) by striking ‘‘section 8003(a)(1)’’ each place it appears and inserting ‘‘section 7003(a)(1)’’; (4) by striking ‘‘section 8003(a)(1)(C)’’ each place it appears and inserting ‘‘section 7003(a)(1)(C)’’; (5) by striking ‘‘section 8003(a)(2)’’ each place it appears and inserting ‘‘section 7003(a)(2)’’; (6) by striking ‘‘section 8003(b)’’ each place it appears and inserting ‘‘section 7003(b)’’; (7) by striking ‘‘section 8003(b)(1)’’ each place it appears and inserting ‘‘section 7003(b)(1)’’; (8) by striking ‘‘section 8003(b)(2)’’ each place it appears and inserting ‘‘section 7003(b)(2)’’;

274 S. 1177—274 (9) by striking ‘‘section 8014(a)’’ each place it appears and inserting ‘‘section 7014(a)’’; (10) by striking ‘‘section 8014(b)’’ each place it appears and inserting ‘‘section 7014(b)’’; and (11) by striking ‘‘section 8014(e)’’ each place it appears and inserting ‘‘section 7014(d)’’. SEC. 7002. PURPOSE. Section 7001, as redesignated by section 7001 of this Act, is amended in the matter preceding paragraph (1), by striking ‘‘chal- lenging State standards’’ and inserting ‘‘the same challenging State academic standards’’. SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. Section 7002, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)(1)(C), by striking the matter preceding clause (i) and inserting the following: ‘‘(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of—’’; (2) in subsection (b)— (A) in paragraph (1)(C) by striking ‘‘section 8003(b)(1)(C)’’ and inserting ‘‘section 7003(b)(1)(C)’’; (B) in paragraph (3), by striking subparagraph (B) and inserting the following: ‘‘(B) S PECIAL RULE .—In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Sec- retary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by— ‘‘(i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal prop- erty, as provided in subparagraph (A)(ii); ‘‘(ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and ‘‘(iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency.’’; (3) in subsection (e)(2), by adding at the end the following: ‘‘For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act, the Secretary shall treat

275 S. 1177—275 local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1).’’; (4) by striking subsection (f) and inserting the following: PECIAL ULE .—For each fiscal year beginning on or after R ‘‘(f) S the date of enactment of the Every Student Succeeds Act, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of section 8002(f) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.’’; (5) by striking subsection (g) and inserting the following: ORMER D ISTRICTS .— ‘‘(g) F ‘‘(1) C .—For fiscal year 2006 and each suc- ONSOLIDATIONS ceeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolida- tion of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for assistance under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. ‘‘(2) E LIGIBLE LOCAL EDUCATIONAL AGENCIES .—A local edu- cational agency referred to in paragraph (1) is— ‘‘(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was deter- mined to be eligible under, section 2(c) of the Act of Sep- tember 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or ‘‘(B) a local educational agency— ‘‘(i) that was formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year pre- ceding the year of the consolidation; and ‘‘(ii) which includes the designation referred to in paragraph (1) in its application under section 7005 for a fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act or any timely amendment to such application. .—A local educational agency eligible under MOUNT ‘‘(3) A paragraph (1) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its status prior to consolidation.’’; (6) in subsection (h)(4), by striking ‘‘For each local edu- cational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted’’ and inserting ‘‘For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year’’; (7) by repealing subsections (k) and (m); (8) by redesignating subsection (l) as subsection (j); (9) in subsection (j) (as redesignated by paragraph (8)), by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; (10) by redesignating subsection (n) as subsection (k); and

276 S. 1177—276 (11) in subsection (k)(1) (as redesignated by paragraph (10)), by striking ‘‘section 8013(5)(C)(iii)’’ and inserting ‘‘section 7013(5)(C)(iii)’’. SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL- DREN. Section 7003, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)(5)(A), by striking ‘‘to be children’’ and all that follows through the period at the end and inserting ‘‘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— ‘‘(i) within the fenced security perimeter of the military facility; or ‘‘(ii) attached to, and under any type of force protec- tion agreement with, the military installation upon which such housing is situated.’’; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (B) in paragraph (2), by striking subparagraphs (B) through (H) and inserting the following: ‘‘(B) E LIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU - CATIONAL AGENCIES .— ‘‘(i) I N GENERAL .—A heavily impacted local edu- cational 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 stu- dents, 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 of less than 500 stu- dents, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil

277 S. 1177—277 expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and ‘‘(cc) is an agency that has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; ‘‘(III) is a local educational agency that— ‘‘(aa) has a tax rate for general fund pur- poses which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and ‘‘(bb)(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 30 percent; or ‘‘(BB) 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, and 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 stu- dent enrollment of the agency that is not less than 65 percent; ‘‘(IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— ‘‘(aa) not less than 50 percent are children described in subsection (a)(1); and ‘‘(bb) not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or ‘‘(V) is a local educational agency that— ‘‘(aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those chil- dren described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; ‘‘(bb) has a per-pupil expenditure described in subclause (II)(bb) (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

278 S. 1177—278 general fund purposes for comparable local educational agencies in the State; and ‘‘(cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001. .— OSS OF ELIGIBILITY ‘‘(ii) L N GENERAL .—Subject to subclause (II), ‘‘(I) I 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 pay- ment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subse- quent 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. OSS OF ELIGIBILITY DUE TO FALLING ‘‘(II) L BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR .—In the case of a heavily GENERAL FUND PURPOSES impacted local educational agency described in subclause (II) or (V) of clause (i) that is eligible to receive a basic support payment under subpara- graph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support pay- ment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). AKEN OVER BY STATE BOARD OF EDU - ‘‘(III) T CATION .—In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in any 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enact- ment of the Every Student Succeeds Act. ‘‘(iii) R ESUMPTION 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 subse- quent fiscal year only if the agency meets the require- ments of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic sup- port payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made. ‘‘(C) M AXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES .—

279 S. 1177—279 ‘‘(i) I .—Except as provided in subpara- N GENERAL graph (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 edu- cational agency is located for the third fiscal year preceding the fiscal year for which the determina- tion 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 deter- mination is made. ‘‘(ii) C ALCULATION OF WEIGHTED STUDENT UNITS .— N GENERAL ‘‘(I) I .— ‘‘(aa) P ERCENTAGE ENROLLMENT .—For a local educational agency in which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such sub- section 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) E .—Notwithstanding item XCEPTION (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enroll- ment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency’s total enroll- ment and shall be eligible for the student weight as provided for in item (aa). ‘‘(II) E NROLLMENT OF 100 OR FEWER CHIL - DREN .—For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. ‘‘(III) E NROLLMENT OF MORE THAN 100 CHIL - DREN BUT LESS THAN 1000 .—For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in sub- section (a)(1), the Secretary shall calculate the total number of weighted student units for pur- poses of subsection (a)(2) by multiplying the number of such children by a factor of 1.25.

280 S. 1177—280 ‘‘(D) M AXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED .— LOCAL EDUCATIONAL AGENCIES ‘‘(i) I N GENERAL .— .—Subject to clause (ii), the max- ORMULA ‘‘(I) F imum amount that a heavily impacted local edu- cational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). EAVILY IMPACTED LOCAL EDUCATIONAL ‘‘(II) H AGENCY .—A heavily impacted local educational agency described in this subclause is a local edu- cational 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 sub- section (a)(1) and not less than 5,000 of such chil- dren are children described in subparagraphs (A) and (B) of subsection (a)(1). ACTOR .—For purposes of calculating the max- ‘‘(ii) F imum amount described in clause (i), the factor used in determining the weighted student units under sub- section (a)(2) with respect to children described in sub- paragraphs (A) and (B) of subsection (a)(1) shall be 1.35. ‘‘(E) D ATA .—For purposes of providing assistance under this paragraph, the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year pre- ceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. - ETERMINATION OF AVERAGE TAX RATES FOR GEN ‘‘(F) D .— ERAL FUND PURPOSES N GENERAL .—Except as provided in clause ‘‘(i) I (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— ‘‘(I) the average tax rate for general fund pur- poses for comparable local educational agencies, as determined by the Secretary in regulations; or ‘‘(II) the average tax rate of all the local edu- cational agencies in the State. .— ISCAL YEARS 2010 – 2015 ‘‘(ii) F ‘‘(I) I N GENERAL .—For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary deter- mined that it failed to meet the average tax rate requirement for general fund purposes in subpara- graph (B)(i)(II)(cc), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. ‘‘(II) S UBSEQUENT FISCAL YEARS AFTER 2015 .— For any succeeding fiscal year after 2015, any local educational agency identified in subclause

281 S. 1177—281 (I) may continue to have its State use that alter- nate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc) is met. OF .—Notwith- ‘‘(III) A VAILABILITY FUNDS standing any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2015 or 2016 in order to make payments under this clause for fiscal years 2011 through 2014. ‘‘(G) E LIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU - CATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI - .— TARY HOUSING LIGIBILITY .—For any fiscal year, a heavily ‘‘(i) E 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) 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 deter- mined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) 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 reloca- tion are ongoing. ‘‘(ii) A MOUNT OF PAYMENT .—The amount of a pay- ment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year. ‘‘(iii) C ONVERSION OF MILITARY HOUSING UNITS TO PRIVATE HOUSING DESCRIBED .—For purposes of clause (i), ‘conversion of military housing units to private housing’ means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law.’’; (C) in paragraph (3)— (i) in subparagraph (B), by striking clause (iii) and inserting the following: ‘‘(iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in sub- paragraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment

282 S. 1177—282 for fiscal year 2009 calculated under section 8003(b)(3) (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) for stu- dents in grades 9 through 12, the Secretary shall, in calcu- lating 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).’’; (ii) in subparagraph (C), by striking ‘‘subparagraph (D) or (E) of paragraph (2), as the case may be’’ and inserting ‘‘subparagraph (C) or (D) of paragraph (2), as the case may be’’; and (iii) by striking subparagraph (D) and inserting the following: ‘‘(D) R .—For fiscal years described ATABLE DISTRIBUTION in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs (1) or (2) (as the case may be) by multi- plying— ‘‘(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 numer- ator of which is the aggregate of the excess sums, by ‘‘(ii) the difference between the full amount com- puted 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) or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraph (C) or (D) of paragraph (2). ‘‘(E) I NSUFFICIENT PAYMENTS .—For each fiscal year described in subparagraph (A) for which the sums appro- priated are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. ‘‘(F) I NCREASES .— ‘‘(i) I NCREASES BASED ON INSUFFICIENT FUNDS .— If additional funds become available under 7014(b) for making payments under paragraphs (1) and (2) and those funds are not sufficient to increase each local

283 S. 1177—283 educational agency’s threshold payment above 100 per- cent of its threshold payment described in subpara- graph (B), payments that were reduced under subpara- graph (E) shall be increased by the Secretary on the same basis as such payments were reduced. NCREASES BASED ON SUFFICIENT FUNDS .—If ‘‘(ii) I additional funds become available under section 7014(b) for making payments under paragraphs (1) and (2) and those funds are sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subpara- graph (B), the payment for each local educational agency shall be 100 percent of its threshold payment. The Secretary shall then distribute the excess sums to each eligible local educational agency in accordance with subparagraph (D). ‘‘(G) P - ROVISION OF TAX RATE AND RESULTING PERCENT .—As soon as practicable following the payment of funds AGE under paragraph (2) to an eligible local educational agency, the Secretary shall provide the local educational agency with a description of— ‘‘(i) the tax rate of the local educational agency; and ‘‘(ii) the percentage such tax rate represents of the average tax rate for general fund purposes of com- parable local educational agencies in the State as deter- mined under subclauses (II)(cc), III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the case may be).’’; and (D) in paragraph (4)— (i) in subparagraph (A), by striking ‘‘through (D)’’ and inserting ‘‘and (C)’’; and (ii) in subparagraph (B), by striking ‘‘subparagraph (D) or (E)’’ and inserting ‘‘subparagraph (C) or (D)’’; (3) in subsection (c), by striking paragraph (2) and inserting the following: XCEPTION .—Calculation of payments for a local edu- ‘‘(2) E cational 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 sec- tion for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— ‘‘(i)(I) of not less than 10 percent of children described in— ‘‘(aa) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or ‘‘(bb) subparagraphs (F) and (G) of sub- section (a)(1), but only to the extent that such children are civilian dependents of employees of the Department of Defense or the Depart- ment of the Interior; or ‘‘(II) of not less than 100 of such children; and

284 S. 1177—284 ‘‘(ii) that is the direct result of closure or realign- ment 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 move- ments of units or personnel between military installa- tions 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 sec- tion 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 chil- dren; 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) for the previous fiscal year.’’; (4) in subsection (d)(1), by striking ‘‘section 8014(c)’’ and inserting ‘‘section 7014(c)’’; (5) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); (B) by striking paragraphs (1) and (2) and inserting the following: ‘‘(1) I N GENERAL .—In the case of any local educational agency eligible to receive a payment under subsection (b) whose calculated payment amount for a fiscal year is reduced by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall pay the local educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2). ‘‘(2) A .—Subject to paragraph (3), A MOUNT OF REDUCTION local educational agency described in paragraph (1) shall receive— ‘‘(A) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under subsection (b) for the previous fiscal year; ‘‘(B) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under subpara- graph (A); and ‘‘(C) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subpara- graph (B). ‘‘(3) S PECIAL RULE .—For any fiscal year for which a local educational agency would receive a payment under subsection (b) in excess of the amount determined under paragraph (2), the payment received by the local educational agency for such fiscal year shall be calculated under paragraph (1) or (2) of subsection (b).’’; and (6) by striking subsection (g).

285 S. 1177—285 SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS. Section 7004(e)(9), as redesignated and amended by section 7001 of this Act, is further amended by striking ‘‘Affairs’’ both places the term appears and inserting ‘‘Education’’. SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003. Section 7005, as redesignated and amended by section 7001 of this Act, is further amended— 8002 AND 8003 ’’ (1) in the section heading, by striking ‘‘ 7002 AND 7003 ’’; and inserting ‘‘ (2) by striking ‘‘or 8003’’ each place it appears and inserting ‘‘or 7003’’; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘, and shall contain such information,’’; and (B) by striking ‘‘section 8004’’ and inserting ‘‘section 7004’’; and (4) in subsection (d)(2), by striking ‘‘section 8003(e)’’ and inserting ‘‘section 7003(e)’’; SEC. 7007. CONSTRUCTION. Section 7007, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)— (A) in paragraph (3)(A)(i)— (i) by redesignating the first subclause (II) as sub- clause (I); (ii) in subclause (II), by striking ‘‘section 8008(a)’’ and inserting ‘‘section 7008(a)’’; and (B) in paragraph (4), by striking ‘‘section 8013(3)’’ and inserting ‘‘section 7013(3)’’; and (2) in subsection (b)— (A) in paragraph (3)(C)(i)(I), by adding at the end the following: ‘‘(cc) Not less than 10 percent of the property acreage in the agency is exempt from State and local taxation under Federal law.’’; and (B) 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’’; (ii) in subparagraph (A), by inserting before the period at the end the following: ‘‘, and containing such additional information as may be necessary to meet any award criteria for a grant under this subsection as provided by any other Act’’; and (iii) by striking subparagraph (F). SEC. 7008. FACILITIES. Section 7008(a), as redesignated by section 7001 of this Act, is amended by striking ‘‘section 8014(f)’’ and inserting ‘‘section 7014(e)’’.

286 S. 1177—286 SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID. Section 7009, as redesignated and amended by section 7001 of this Act, is further amended— (1) by striking ‘‘section 8011(a)’’ each place it appears and inserting ‘‘section 7011(a)’’; (2) in subsection (b)(1)— (A) by striking ‘‘or 8003(b)’’ and inserting ‘‘or 7003(b)’’; and (B) by striking ‘‘section 8003(a)(2)(B)’’ and inserting ‘‘section 7003(a)(2)(B)’’; and (3) in subsection (c)(1)(B), by striking ‘‘and contain the information’’ and inserting ‘‘that’’ after ‘‘form’’. SEC. 7010. FEDERAL ADMINISTRATION. Section 7010, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (c)— (A) in paragraph (1), in the paragraph heading, by striking ‘‘ (a)(1)’’ and inserting ‘‘ 7003 (a)(1)’’; 8003 (B) in paragraph (2)(D), by striking ‘‘section 8009(b)’’ and inserting ‘‘section 7009(b)’’; and (2) in subsection (d)(2), by striking ‘‘section 8014’’ and inserting ‘‘section 7014’’. SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW. Section 7011(a), as redesignated by section 7001 of this Act, is amended by striking ‘‘or under the Act’’ and all that follows through ‘‘1994)’’. SEC. 7012. DEFINITIONS. Section 7013, as redesignated by section 7001 of this Act, 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)— (A) in clause (ii), by striking subclause (III) and inserting the following: ‘‘(III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native indi- vidual, Native group, or village or regional corpora- tion (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is con- veyed under such Act— ‘‘(aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and ‘‘(bb) is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no taxing power;’’; and (B) in clause (iii)— (i) in subclause (II), by striking ‘‘Stewart B. McKinney Homeless Assistance Act’’ and inserting

287 S. 1177—287 ‘‘McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411)’’; and (ii) by striking subclause (III) and inserting the following: ‘‘(III) used for affordable housing assisted under the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.); or’’. SEC. 7013. AUTHORIZATION OF APPROPRIATIONS. Section 7014, as amended and redesignated by section 7001 of this Act, is further amended— (1) in subsection (a), by striking ‘‘$32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$66,813,000 for each of fiscal years 2017 through 2019, and $71,997,917 for fiscal year 2020’’; (2) in subsection (b), by striking ‘‘$809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$1,151,233,000 for each of fiscal years 2017 through 2019, and $1,240,572,618 for fiscal year 2020’’; (3) in subsection (c)— (A) by striking ‘‘section 8003(d)’’ and inserting ‘‘section 7003(d)’’; and (B) by striking ‘‘$50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$48,316,000 for each of fiscal years 2017 through 2019, and $52,065,487 for fiscal year 2020’’; (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; (5) in subsection (d) (as redesignated by paragraph (4))— (A) by striking ‘‘section 8007’’ and inserting ‘‘section 7007’’; and (B) by striking ‘‘$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’’ and inserting ‘‘$17,406,000 for each of fiscal years 2017 through 2019, and $18,756,765 for fiscal year 2020’’; and (6) in subsection (e) (as redesignated by paragraph (4))— (A) by striking ‘‘section 8008’’ and inserting ‘‘section 7008’’; and (B) by striking ‘‘$5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years’’ and inserting ‘‘$4,835,000 for each of fiscal years 2017 through 2019, and $5,210,213 for fiscal year 2020’’. TITLE VIII—GENERAL PROVISIONS SEC. 8001. GENERAL PROVISIONS. (a) T ITLE IX R EDESIGNATIONS .—Title IX (20 U.S.C. 7801 et seq.) (as amended by sections 2001 and 4001 of this Act) is redesig- nated as title VIII and further amended—

288 S. 1177—288 (1) by redesignating sections 9101 through 9103 as sections 8101 through 8103, respectively; (2) by redesignating sections 9201 through 9204 as sections 8201 through 8204, respectively; (3) by redesignating sections 9301 through 9306 as sections 8301 through 8306, respectively; (4) by redesignating section 9401 as section 8401; (5) by redesignating sections 9501 through 9506 as sections 8501 through 8506, respectively; (6) by redesignating sections 9521 through 9537 as sections 8521 through 8537, respectively; (7) by redesignating sections 9541 through 9548 as sections 8551 through 8558, respectively; (8) by redesignating section 9551 as 8561; (9) by redesignating sections 9561 through 9564 as sections 8571 through 8574, respectively; and (10) by redesignating section 9601 as section 8601. (b) S TRUCTURAL AND ONFORMING A MENDMENTS .—Title VIII C (as redesignated by subsection (a) of this section) is further amended— (1) by redesignating parts E and F as parts F and G, respectively; (2) by striking ‘‘9305’’ each place it appears and inserting ‘‘8305’’; (3) by striking ‘‘9302’’ each place it appears and inserting ‘‘8302’’; and (4) by striking ‘‘9501’’ each place it appears and inserting ‘‘8501’’. SEC. 8002. DEFINITIONS. Section 8101, as redesignated and amended by section 8001 of this Act, is further amended— (1) by striking paragraphs (3), (11), (19), (23), (35), (36), (37), and (42); (2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and (50), respectively, and by transferring such paragraph (20) (as so redesignated) so as to follow such paragraph (19) (as so redesignated); (3) by striking paragraphs (11) and (12) (as so redesignated by paragraph (2)) and inserting the following: ‘‘(11) C .—The term ‘covered program’ OVERED PROGRAM means each of the programs authorized by— ‘‘(A) part A of title I; ‘‘(B) part C of title I; ‘‘(C) part D of title I; ‘‘(D) part A of title II; ‘‘(E) part A of title III; ‘‘(F) part A of title IV; ‘‘(G) part B of title IV; and ‘‘(H) subpart 2 of part B of title V. ‘‘(12) C URRENT EXPENDITURES .—The term ‘current expendi- tures’ means expenditures for free public education—

289 S. 1177—289 ‘‘(A) including expenditures for administration, instruc- tion, 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 ‘‘(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.’’; (4) by inserting after paragraph (14) (as so redesignated by paragraph (2)) the following: ‘‘(15) D UAL OR CONCURRENT ENROLLMENT PROGRAM .—The term ‘dual or concurrent enrollment program’ means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not grad- uated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that— ‘‘(A) is transferable to the institutions of higher edu- cation in the partnership; and ‘‘(B) applies toward completion of a degree or recog- nized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ‘‘(16) E ARLY CHILDHOOD EDUCATION PROGRAM .—The term ‘early childhood education program’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ‘‘(17) E ARLY COLLEGE HIGH SCHOOL .—The term ‘early col- lege high school’ means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family.’’; (5) in paragraph (20) (as so redesignated and transferred by paragraph (2))— (A) in the paragraph heading, by striking ‘‘L IMITED ENGLISH PROFICIENT ’’ and inserting ‘‘E NGLISH LEARNER ’’; (B) in the matter preceding subparagraph (A), by striking ‘‘limited English proficient’’ and inserting ‘‘English learner’’; and (C) in subparagraph (D)(i), by striking ‘‘State’s pro- ficient level of achievement on State assessments described in section 1111(b)(3)’’ and inserting ‘‘challenging State aca- demic standards’’; (6) by inserting after paragraph (20) (as so redesignated and transferred by paragraph (2)), the following: ‘‘(21) E VIDENCE - BASED .— ‘‘(A) I N GENERAL .—Except as provided in subparagraph (B), the term ‘evidence-based’, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that—

290 S. 1177—290 ‘‘(i) demonstrates a statistically significant effect on improving student outcomes or other relevant out- comes based on— ‘‘(I) strong evidence from at least 1 well- designed and well-implemented experimental study; ‘‘(II) moderate evidence from at least 1 well- designed and well-implemented quasi-experi- mental study; or ‘‘(III) promising evidence from at least 1 well- designed and well-implemented correlational study with statistical controls for selection bias; or ‘‘(ii)(I) demonstrates a rationale based on high- quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and ‘‘(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention. ‘‘(B) D FOR EFINITION ACTIVITIES FUNDED SPECIFIC .—When used with respect to interventions UNDER THIS ACT or improvement activities or strategies funded under sec- tion 1003, the term ‘evidence-based’ means a State, local educational agency, or school activity, strategy, or interven- tion that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i). ‘‘(22) E XPANDED LEARNING TIME .—The term ‘expanded learning time’ means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— ‘‘(A) activities and instruction for enrichment as part of a well-rounded education; and ‘‘(B) instructional and support staff to collaborate, plan, and engage in professional development (including profes- sional development on family and community engagement) within and across grades and subjects. ‘‘(23) E - XTENDED ADJUSTED COHORT GRADUATION YEAR RATE .— ‘‘(A) I N GENERAL .—The term ‘extended-year adjusted cohort graduation rate’ means the fraction— ‘‘(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by— ‘‘(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and ‘‘(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subpara- graph (B); and ‘‘(ii) the numerator of which—

291 S. 1177—291 ‘‘(I) consists of the sum of— ‘‘(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— ‘‘(AA) one or more additional years beyond the fourth year of high school; or ‘‘(BB) a summer session immediately following the additional year of high school; and ‘‘(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— ‘‘(AA) standards-based; ‘‘(BB) aligned with the State require- ments for the regular high school diploma; and ‘‘(CC) obtained within the time period for which the State ensures the avail- ability of a free appropriate public edu- cation under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)); and ‘‘(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of comple- tion, certificate of attendance, or similar lesser credential. ‘‘(B) C OHORT REMOVAL .—To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has trans- ferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. ‘‘(C) T RANSFERRED OUT .—For purposes of this para- graph, the term ‘transferred out’ has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C). ‘‘(D) S PECIAL RULES .— ‘‘(i) S CHOOLS STARTING AFTER GRADE 9 .—For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which stu- dent membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543). ‘‘(ii) V ERY SMALL SCHOOLS .—A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4- year period of less than 100 students for the purposes of section 1111(c)(4) by—

292 S. 1177—292 ‘‘(I) averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or ‘‘(II) establishing a minimum number of stu- dents that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.’’; (7) by inserting after paragraph (24) (as so redesignated by paragraph (2)) the following: ‘‘(25) F - YEAR ADJUSTED COHORT GRADUATION RATE .— OUR N GENERAL ‘‘(A) I .—The term ‘four-year adjusted cohort graduation rate’ means the fraction— ‘‘(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State edu- cational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by— ‘‘(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and ‘‘(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subpara- graph (B); and ‘‘(ii) the numerator of which— ‘‘(I) consists of the sum of— ‘‘(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— ‘‘(AA) the fourth year of high school; or ‘‘(BB) a summer session immediately following the fourth year of high school; and ‘‘(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— ‘‘(AA) standards-based; ‘‘(BB) aligned with the State require- ments for the regular high school diploma; and ‘‘(CC) obtained within the time period for which the State ensures the avail- ability of a free appropriate public edu- cation under section 612(a)(1) of the

293 S. 1177—293 Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1); and ‘‘(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of comple- tion, certificate of attendance, or similar lesser credential. OHORT REMOVAL .—To remove a student from a ‘‘(B) C cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has trans- ferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. ‘‘(C) T RANSFERRED OUT .— ‘‘(i) I .—For purposes of this paragraph, N GENERAL the term ‘transferred out’ means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to— ‘‘(I) another school from which the student is expected to receive a regular high school diploma; or ‘‘(II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb). ‘‘(ii) C ONFIRMATION REQUIREMENTS .— ‘‘(I) D OCUMENTATION REQUIRED .—The con- firmation of a student’s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled. ‘‘(II) L ACK OF CONFIRMATION .—A student who was enrolled in a high school, but for whom there is no confirmation of the student having trans- ferred out, shall remain in the adjusted cohort. ‘‘(iii) P ROGRAMS NOT PROVIDING CREDIT .—Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a pro- gram leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered trans- ferred out and shall remain in the adjusted cohort. ‘‘(D) S PECIAL RULES .— ‘‘(i) S CHOOLS STARTING AFTER GRADE 9 .—For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which stu- dent membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543). ‘‘(ii) V ERY SMALL SCHOOLS .—A State educational agency may calculate the four-year adjusted cohort

294 S. 1177—294 graduation rate described under this paragraph for a high school with an average enrollment over a 4- year period of less than 100 students for the purposes of section 1111(c)(4) by— ‘‘(I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or ‘‘(II) establishing a minimum number of stu- dents that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.’’; (8) by inserting after paragraph (27) (as so redesignated by paragraph (2)) the following: ‘‘(28) H IGH SCHOOL .—The term ‘high school’ means a sec- ondary school that— ‘‘(A) grants a diploma, as defined by the State; and ‘‘(B) includes, at least, grade 12.’’; (9) in paragraph (30) (as so redesignated by paragraph (2)), in subparagraph (C)— (A) by striking the subparagraph designation and heading and inserting ‘‘(C) BUREAU OF INDIAN EDUCATION SCHOOLS .—’’; and (B) by striking ‘‘Affairs’’ both places the term appears and inserting ‘‘Education’’; (10) by inserting after paragraph (31) (as redesignated by paragraph (2)) the following: ‘‘(32) M IDDLE GRADES .—The term middle grades means any of grades 5 through 8. ‘‘(33) M - TIER SYSTEM OF SUPPORTS .—The term ‘multi- ULTI tier system of supports’ means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facili- tate data-based instructional decisionmaking.’’; (11) in paragraph (35) (as so redesignated by paragraph (2)), by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support’’; (12) by striking paragraph (36) (as so redesignated by paragraph (2)) and inserting the following: ‘‘(36) O .—The term ‘outlying area’— UTLYING AREA ‘‘(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; ‘‘(B) means the Republic of Palau, to the extent per- mitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (Public Law 108- 188; 117 Stat. 2751) and until an agreement for the exten- sion of United States education assistance under the Com- pact of Free Association becomes effective for the Republic of Palau; and ‘‘(C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the

295 S. 1177—295 extent permitted under section 105(f)(1)(B)(viii) of the Com- pact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2751).’’; (13) by inserting after paragraph (36) (as so redesignated by paragraph (2)), the following: ARAPROFESSIONAL ‘‘(37) P .—The term ‘paraprofessional’, also known as a ‘paraeducator’, includes an education assistant and instructional assistant.’’; (14) in paragraph (39) (as so redesignated by paragraph (2))— (A) in subparagraph (C), by inserting ‘‘and’’ after the semicolon; and (B) in subparagraph (D), by striking ‘‘section 1118’’ and inserting ‘‘section 1116’’; (15) by inserting after paragraph (39) (as so redesignated by paragraph (2)) the following: ‘‘(40) P .—The term ‘pay for suc- AY FOR SUCCESS INITIATIVE cess initiative’ means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include— ‘‘(A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effective- ness; ‘‘(B) a rigorous, third-party evaluation that uses experi- mental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes; ‘‘(C) an annual, publicly available report on the progress of the initiative; and ‘‘(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party con- ducting the evaluation described in subparagraph (B).’’; (16) by striking paragraph (42) (as so redesignated by paragraph (2)) and inserting the following: ‘‘(42) P ROFESSIONAL DEVELOPMENT .—The term ‘professional development’ means activities that— ‘‘(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and ‘‘(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activi- ties that— ‘‘(i) improve and increase teachers’— ‘‘(I) knowledge of the academic subjects the teachers teach; ‘‘(II) understanding of how students learn; and

296 S. 1177—296 ‘‘(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; ‘‘(ii) are an integral part of broad schoolwide and districtwide educational improvement plans; ‘‘(iii) allow personalized plans for each educator to address the educator’s specific needs identified in observation or other feedback; ‘‘(iv) improve classroom management skills; ‘‘(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification; ‘‘(vi) advance teacher understanding of— ‘‘(I) effective instructional strategies that are evidence-based; and ‘‘(II) strategies for improving student academic achievement or substantially increasing the knowl- edge and teaching skills of teachers; ‘‘(vii) are aligned with, and directly related to, academic goals of the school or local educational agency; ‘‘(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act; ‘‘(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of cur- ricula and assessments; ‘‘(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach; ‘‘(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of profes- sional development; ‘‘(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behav- ioral interventions and supports, multi-tier system of supports, and use of accommodations; ‘‘(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;

297 S. 1177—297 ‘‘(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instruc- tional support personnel, and school administrators may work more effectively with parents and families; ‘‘(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an oppor- tunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions; ‘‘(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofes- sionals to become certified and licensed teachers; ‘‘(xvii) provide follow-up training to teachers who have participated in activities described in this para- graph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and ‘‘(xviii) where practicable, provide jointly for school staff and other early childhood education program pro- viders, to address the transition to elementary school, including issues related to school readiness.’’; (17) by inserting after paragraph (42) (as so redesignated by paragraph (2)) the following: ‘‘(43) R EGULAR HIGH SCHOOL DIPLOMA .—The term ‘regular high school diploma’— ‘‘(A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and ‘‘(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. .—The term ‘school leader’ means a CHOOL LEADER ‘‘(44) S principal, assistant principal, or other individual who is— ‘‘(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and ‘‘(B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.’’; (18) by inserting after paragraph (46) (as so redesignated by paragraph (2)) the following: ‘‘(47) S PECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL ; SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES .—

298 S. 1177—298 ‘‘(A) S INSTRUCTIONAL SUPPORT PER - PECIALIZED .—The term ‘specialized instructional support per- SONNEL sonnel’ means— ‘‘(i) school counselors, school social workers, and school psychologists; and ‘‘(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive program to meet student needs. PECIALIZED INSTRUCTIONAL SUPPORT SERVICES .— ‘‘(B) S The term ‘specialized instructional support services’ means the services provided by specialized instructional support personnel.’’; (19) by striking the undesignated paragraph between para- graph (47) (as inserted by paragraph (18)) and paragraph (49) (as so redesignated by paragraph (2)) and inserting the fol- lowing: ‘‘(48) S TATE .—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.’’; (20) by striking paragraph (50) (as so redesignated by paragraph (2)) and inserting the following: ‘‘(50) T .—The term ‘technology’ means modern ECHNOLOGY information, computer and communication technology products, services, or tools, including, the Internet and other communica- tions networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.’’; and (21) by adding at the end the following: ‘‘(51) U NIVERSAL DESIGN FOR LEARNING .—The term ‘uni- versal design for learning’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ‘‘(52) W ELL - ROUNDED EDUCATION .—The term ‘well-rounded education’ means courses, activities, and programming in sub- jects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.’’. SEC. 8003. APPLICABILITY OF TITLE. Section 8102, as redesignated by section 8001 of this Act, is further amended by striking ‘‘Parts B, C, D, and E of this title do not apply to title VIII’’ and inserting ‘‘Parts B, C, D, E, and F of this title do not apply to title VII’’.

299 S. 1177—299 SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPER- ATED SCHOOLS. Section 8103, as redesignated by section 8001 of this Act, is amended— (1) in the section heading, by striking ‘‘ BUREAU OF INDIAN ’’ and inserting ‘‘ BUREAU OF INDIAN EDUCATION ’’; and AFFAIRS (2) by striking ‘‘Bureau of Indian Affairs’’ each place the term appears and inserting ‘‘Bureau of Indian Education’’. SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. Section 8201(b)(2), as redesignated by section 8001 of this Act, is amended— (1) in subparagraph (G), by striking ‘‘and’’ after the semi- colon; (2) in subparagraph (H), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function.’’. SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. Section 8203, as redesignated by section 8001 of this Act, is amended— (1) in subsection (b), by striking ‘‘Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State’’ and inserting ‘‘A State’’; and (2) by striking subsection (d) and inserting the following: ‘‘(d) U SES OF A DMINISTRATIVE F UNDS .— ‘‘(1) I N GENERAL .—A local educational agency that consoli- dates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 8201(b)(2). ‘‘(2) F .—A local educational agency ISCAL SUPPORT TEAMS that uses funds as described in section 8201(b)(2)(I) may con- tribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds.’’. SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. Section 8204, as redesignated and amended by section 8001 of this Act, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘part A of title VII’’ and inserting ‘‘part A of title VI’’; and (B) in paragraph (2), by striking subparagraph (B) and inserting the following: ‘‘(B) C ONTENTS .—The agreement shall— ‘‘(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effective- ness, including program objectives; and ‘‘(ii) be developed in consultation with Indian tribes.’’; and

300 S. 1177—300 (2) by adding at the end the following: CCOUNTABILITY S .— ‘‘(c) A YSTEM ‘‘(1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. ‘‘(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to para- graph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served. ‘‘(3) T ECHNICAL ASSISTANCE .—The Secretary of Interior and the Secretary shall, either directly or through a contract, pro- vide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2).’’. SEC. 8008. DEPARTMENT STAFF. Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by adding after section 8204 the following: ‘‘SEC. 8205. DEPARTMENT STAFF. ‘‘The Secretary shall— ‘‘(1) not later than 60 days after the date of enactment of the Every Student Succeeds Act, identify the number of Department full-time equivalent employees who worked on or administered each education program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, and publish such information on the Department’s website; ‘‘(2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, that has been eliminated or consolidated since such date of enactment; ‘‘(3) not later than 1 year after such date of enactment, reduce the workforce of the Department by the number of

301 S. 1177—301 full-time equivalent employees the Department identified under paragraph (2); and ‘‘(4) not later than 1 year after such date of enactment, report to Congress on— ‘‘(A) the number of full-time equivalent employees asso- ciated with each program or project authorized under this Act and administered by the Department; ‘‘(B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects described in paragraph (2); ‘‘(C) how the Secretary has reduced the number of full-time equivalent employees as described in paragraph (3); ‘‘(D) the average salary of the full-time equivalent employees described in subparagraph (B) whose positions were eliminated; and ‘‘(E) the average salary of the full-time equivalent employees who work on or administer a program or project authorized by the Department under this Act, disaggregated by employee function within each such pro- gram or project.’’. SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. Section 8302(b)(1), as redesignated by section 8001 of this Act, is amended by striking ‘‘nonprofit’’. SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. Section 8304(a)(2), as redesignated by section 8001 of this Act, is amended by striking ‘‘nonprofit’’ and inserting ‘‘eligible’’ each place the term appears. SEC. 8011. RURAL CONSOLIDATED PLAN. Section 8305, as redesignated and amended by section 8001 of this Act, is amended by adding at the end the following: ‘‘(e) R C ONSOLIDATED P LAN .— URAL N GENERAL .—Two or more eligible local educational ‘‘(1) I agencies, a consortium of eligible local educational service agen- cies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf. ‘‘(2) E LIGIBLE LOCAL EDUCATIONAL AGENCY .—For the pur- poses of this subsection, the term ‘eligible local educational agency’ means a local educational agency that is an eligible local educational agency under part B of title V.’’. SEC. 8012. OTHER GENERAL ASSURANCES. Section 8306(a), as redesignated and amended by section 8001 of this Act, is further amended— (1) in the matter preceding paragraph (1), by striking ‘‘whether separately or pursuant to section 8305,’’; and (2) in paragraph (2), by striking ‘‘nonprofit’’ each place it appears and inserting ‘‘eligible’’.

302 S. 1177—302 SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIRE- MENTS. Section 8401, as redesignated by section 8001 of this Act, is amended— (1) by striking subsection (a) and inserting the following: N ENERAL .— G ‘‘(a) I ‘‘(1) R EQUEST FOR WAIVER BY STATE OR INDIAN TRIBE .— A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. OCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS ‘‘(2) L SUBMITTED THROUGH THE STATE .— EQUEST FOR WAIVER BY LOCAL EDUCATIONAL ‘‘(A) R AGENCY .—A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State edu- cational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. .—An elementary EQUEST FOR WAIVER BY SCHOOL ‘‘(B) R school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in sub- section (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency deter- mines the waiver appropriate. ‘‘(3) R ECEIPT OF WAIVER .—Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regu- latory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection.’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘, local educational agency,’’ and inserting ‘‘, acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2),’’; and (II) by inserting ‘‘, which shall include a plan’’ after ‘‘to the Secretary’’; (ii) by redesignating subparagraph (E) as subpara- graph (F); (iii) by striking subparagraphs (B), (C), and (D) and inserting the following: ‘‘(B) describes which Federal statutory or regulatory requirements are to be waived; ‘‘(C) describes how the waiving of such requirements will advance student academic achievement; ‘‘(D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan;

303 S. 1177—303 ‘‘(E) includes only information directly related to the waiver request; and’’; and (iv) in subparagraph (F), as redesignated by clause (ii), by inserting ‘‘and, if the waiver relates to provisions of subsections (b) or (h) of section 1111, describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve trans- parency in reporting to parents and the public on stu- dent achievement and school performance, including the achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi)’’ after ‘‘waivers are requested’’; (B) in paragraph (2)(B)(i)(II), by striking ‘‘(on behalf of, and based on the requests of, local educational agencies)’’ and inserting ‘‘(on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State)’’; (C) in paragraph (3)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting ‘‘or on behalf of local educational agencies in the State under subsection (a)(2),’’ after ‘‘acting on its own behalf,’’; and (II) by striking clauses (i) through (iii) and inserting the following: ‘‘(i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency; ‘‘(ii) submit the comments and input to the Sec- retary, with a description of how the State addressed the comments and input; and ‘‘(iii) provide notice and a reasonable time to com- ment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public.’’; and (ii) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: ‘‘(i) the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Sec- retary and be accompanied by the comments, if any, of the State educational agency and the public; and ‘‘(ii) notice and a reasonable opportunity to com- ment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public.’’. (D) by adding at the end the following: ‘‘(4) W AIVER DETERMINATION , DEMONSTRATION , AND REVI - SION .— ‘‘(A) I N GENERAL .—The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the

304 S. 1177—304 date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— ‘‘(i) the waiver request does not meet the require- ments of this section; ‘‘(ii) the waiver is not permitted under subsection (c); ‘‘(iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or ‘‘(iv) the waiver request does not provide for ade- quate evaluation to ensure review and continuous improvement of the plan. ‘‘(B) W .—Upon the AIVER DETERMINATION AND REVISION initial determination of disapproval under subparagraph (A), the Secretary shall— ‘‘(i) immediately— ‘‘(I) notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and ‘‘(II) provide detailed reasons for such deter- mination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Depart- ment’s website; ‘‘(ii) offer the State educational agency, local edu- cational agency (through the State educational agency), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and ‘‘(iii) if the Secretary determines that the resubmis- sion under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission. ‘‘(C) W AIVER DISAPPROVAL .—The Secretary may ulti- mately disapprove a waiver request if— ‘‘(i) the State educational agency, local educational agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and ‘‘(ii) the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe— ‘‘(I) does not revise and resubmit the waiver request; or ‘‘(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this

305 S. 1177—305 section after a hearing conducted under subpara- graph (B)(iii), if such a hearing is requested. ‘‘(D) E XTERNAL CONDITIONS .—The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.’’; (3) in subsection (c)— (A) in paragraph (1), by inserting ‘‘, Indian tribes’’ after ‘‘local educational agencies’’; (B) in paragraph (8), by striking ‘‘subpart 1 of part B of title V’’ and inserting ‘‘part C of title IV’’; and (C) by striking paragraph (9) and inserting the fol- lowing: ‘‘(9) the prohibitions— ‘‘(A) in subpart 2 of part F; ‘‘(B) regarding use of funds for religious worship or instruction in section 8505; and ‘‘(C) regarding activities in section 8526; or’’; (4) in subsection (d)— (A) in the subsection heading, by adding ‘‘; L - IMITA ’’ after ‘‘W AIVER TIONS ’’; (B) in paragraph (2), in the matter preceding subpara- graph (A), by striking ‘‘Secretary determines’’ and inserting ‘‘State demonstrates’’; and (C) by adding at the end the following: ‘‘(3) S PECIFIC LIMITATIONS .—The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to— ‘‘(A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Stand- ards Initiative or any other standards common to a signifi- cant number of States; ‘‘(B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or ‘‘(C) include in, or delete from, such waiver request any specific elements of— ‘‘(i) State academic standards; ‘‘(ii) academic assessments; ‘‘(iii) State accountability systems; or ‘‘(iv) teacher and school leader evaluation sys- tems.’’; (5) by striking subsection (e) and inserting the following: ‘‘(e) R EPORTS .—A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)— ‘‘(1) the progress of schools covered under the provisions of such waiver toward improving student academic achieve- ment; and ‘‘(2) how the use of the waiver has contributed to such progress.’’; and (6) in subsection (f), by striking ‘‘if the Secretary deter- mines’’ and all that follows through the period at the end and inserting the following: ‘‘if, after notice and an opportunity for a hearing, the Secretary—

306 S. 1177—306 ‘‘(A) presents a rationale and supporting information that clearly demonstrates that the waiver is not contrib- uting to the progress of schools described in subsection (e)(1); or ‘‘(B) determines that the waiver is no longer necessary to achieve its original purposes.’’. SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS. Title VIII, as amended and redesignated by section 8001 of this Act, is further amended by inserting after section 8401 the following: ‘‘PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS ‘‘SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS. PPROVAL .—A plan submitted by a State pursuant to sec- ‘‘(a) A tion 2101(d), 4103(c), 4203, or 8302 shall be approved by the Sec- retary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d), 4103(c), or 4203, or part C, respectively. ‘‘(b) D ISAPPROVAL ROCESS .— P ‘‘(1) I N GENERAL .—The Secretary shall not finally dis- approve a plan submitted under section 2101(d), 4103(c), 4203, or 8302, except after giving the State educational agency notice and an opportunity for a hearing. OTIFICATIONS ‘‘(2) N .—If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d), 4103(c), or 4203, or part C, as applicable, the Secretary shall— ‘‘(A) immediately notify the State of such determina- tion; ‘‘(B) provide a detailed description of the specific provi- sions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; ‘‘(C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable; ‘‘(D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable; ‘‘(E) conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and ‘‘(F) request additional information, only as to the non- compliant provisions, needed to make the plan compliant. ‘‘(3) R ESPONSE .—If the State educational agency responds to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the

307 S. 1177—307 notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Sec- retary determines the plan does not meet the requirements of section 2101(d), 4103(c), or 4203, or part C, as applicable. .—If the State educational agency ‘‘(4) F AILURE TO RESPOND does not respond to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be dis- approved. .—A plan submitted under section 2101(d), ‘‘(c) L IMITATION 4103(c), 4203, or 8302 shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements. ‘‘(d) P EER REVIEW R EQUIREMENTS .—Notwithstanding any other - requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(4). ‘‘SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY APPLICATIONS. ‘‘(a) A .—An application submitted by a local edu- PPROVAL cational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall include the supporting information and rationale for such deter- mination), 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 section 2102(b), 4106, or 4204(b), or part C, respectively. ISAPPROVAL P ROCESS .— ‘‘(b) D N GENERAL ‘‘(1) I .—The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4106, 4204(b) or 8305 except after giving the local educational agency notice and opportunity for a hearing. ‘‘(2) N OTIFICATIONS .—If the State educational agency finds that the application submitted under section 2102(b), 4106, 4204(b) or 8305 is not in compliance, in whole or in part, with section 2102(b), 4106, or 4204(b), or part C, respectively, the State educational agency shall— ‘‘(A) immediately notify the local educational agency of such determination; ‘‘(B) provide a detailed description of the specific provi- sions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; ‘‘(C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local edu- cational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part; ‘‘(D) provide technical assistance, upon request of the local educational agency, in order to assist the local edu- cational agency to meet the requirements of such section or part, as applicable;

308 S. 1177—308 ‘‘(E) conduct a hearing within 30 days of the applica- tion’s resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and ‘‘(F) request additional information, only as to the non- compliant provisions, needed to make the application compliant. ESPONSE .—If the local educational agency responds ‘‘(3) R to the State educational agency’s notification described in para- graph (2)(A) prior to the expiration of the 45-day period begin- ning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency deter- mines the application does not meet the requirements of this part. ‘‘(4) F AILURE TO RESPOND .—If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local edu- cational agency received the notification, such application shall be deemed to be disapproved.’’. SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS. Section 8501, as redesignated by section 8001 of this Act, is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) S PECIAL RULE .— ‘‘(A) I N GENERAL .—Educational services and other benefits provided under this section for private school chil- dren, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational per- sonnel participating in the program and shall be provided in a timely manner. ‘‘(B) O MBUDSMAN .—To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State edu- cational agency involved shall direct the ombudsman des- ignated by the agency under section 1117 to monitor and enforce the requirements of this section.’’; and (B) by striking paragraph (4) and inserting the fol- lowing: ‘‘(4) E .— XPENDITURES ‘‘(A) I N GENERAL .—Expenditures for educational serv- ices and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for partici- pating public school children. ‘‘(B) O BLIGATION OF FUNDS .—Funds allocated to a local educational agency for educational services and other bene- fits to eligible private school children shall be obligated

309 S. 1177—309 in the fiscal year for which the funds are received by the agency. ‘‘(C) N OTICE OF ALLOCATION .—Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other bene- fits under this subpart that the local educational agencies have determined are available for eligible private school children.’’. (2) in subsection (b)— (A) in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following: ‘‘(A) part C of title I; ‘‘(B) part A of title II; ‘‘(C) part A of title III; ‘‘(D) part A of title IV; and ‘‘(E) part B of title IV.’’; and (B) by striking paragraph (3); and (3) in subsection (c)— (A) in the matter preceding subparagraph (A), by striking ‘‘To ensure’’ and all that follows through ‘‘such as’’ and inserting ‘‘To ensure timely and meaningful con- sultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, on issues such as’’; (B) in paragraph (1)— (i) in subparagraph (E)— (I) by striking ‘‘and the amount’’ and inserting ‘‘, the amount’’; and (II) by striking ‘‘services; and’’ and inserting ‘‘services, and how that amount is determined;’’; (ii) in subparagraph (F)— (I) by striking ‘‘contract’’ after ‘‘provision of’’; and (II) by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(G) whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party contractor; and ‘‘(H) whether to provide equitable services to eligible private school children— ‘‘(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(C) based on all the children from low-income families in a participating school attendance area who attend pri- vate schools; or ‘‘(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(C) based on the number of children from low-income families who attend private schools.’’; and

310 S. 1177—310 (4) by adding at the end the following: OCUMENTATION .—Each local educational agency shall ‘‘(5) D maintain in the agency’s records, and provide to the State educational agency involved, a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reason- able period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency. ‘‘(6) C .— OMPLIANCE N GENERAL ‘‘(A) I .—If the consultation required under this section is with a local educational agency or edu- cational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consider- ation to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by this section. ‘‘(B) P ROCEDURE .—If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials. ERVICES ‘‘(C) S .—A State educational agency shall pro- vide services under this section directly or through con- tracts with public and private agencies, organizations, and institutions, if the appropriate private school officials have— ‘‘(i) requested that the State educational agency provide such services directly; and ‘‘(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.’’. SEC. 8016. STANDARDS FOR BY-PASS. Section 8502(a)(2), as redesignated and amended by section 8001 of this Act, is further amended by striking ‘‘9503, and 9504’’ and inserting ‘‘8503, and 8504’’. SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL CHILDREN. Section 8503, as redesignated and amended by section 8001 of this Act, is further amended by striking subsections (a) and (b) and inserting the following: ‘‘(a) P ROCEDURES FOR C OMPLAINTS .—The Secretary shall develop and implement written procedures for receiving, inves- tigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 8501 by a State educational agency, local educational agency, educational

311 S. 1177—311 service agency, consortium of those agencies, or entity. The indi- vidual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days. ‘‘(b) A S ECRETARY .—The resolution may be appealed PPEALS TO by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.’’. SEC. 8018. BY-PASS DETERMINATION PROCESS. Section 8504(a)(1)(A), as redesignated by section 8001 of this Act, is amended by striking ‘‘9502’’ and inserting ‘‘8502’’. SEC. 8019. MAINTENANCE OF EFFORT. Section 8521, as redesignated by section 8001 of this Act, is amended— (1) in subsection (a), by inserting ‘‘, subject to the require- ments of subsection (b)’’ after ‘‘for the second preceding fiscal year’’; (2) in subsection (b)(1), by inserting before the period at the end the following: ‘‘, if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years’’; and (3) in subsection (c)(1), by inserting ‘‘or a change in the organizational structure of the local educational agency’’ after ‘‘, such as a natural disaster’’. SEC. 8020. PROHIBITION REGARDING STATE AID. Section 8522, as redesignated by section 8001 of this Act, is amended by striking ‘‘title VIII’’ and inserting ‘‘title VII’’. SEC. 8021. SCHOOL PRAYER. Section 8524(a), as redesignated by section 8001 of this Act, is amended by striking ‘‘on the Internet’’ and inserting ‘‘by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner’’. SEC. 8022. PROHIBITED USES OF FUNDS. Section 8526, as redesignated by section 8001 of this Act, is amended— (1) by striking the section heading and inserting ‘‘ - PROHIB ITED USES OF FUNDS ’’; (2) in subsection (a)— (A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following: ‘‘(1) for construction, renovation, or repair of any school facility, except as authorized under this Act; ‘‘(2) for transportation unless otherwise authorized under this Act;’’;

312 S. 1177—312 (3) by striking ‘‘(a)P .—None of the funds author- ROHIBITION ized under this Act shall be used’’ and inserting ‘‘No funds under this Act may be used’’; and (4) by striking subsection (b). SEC. 8023. PROHIBITIONS. Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8526 the following: ‘‘SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. ‘‘(a) I ENERAL .—No officer or employee of the Federal Govern- N G ment shall, through grants, contracts, or other cooperative agree- ments, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Stand- ards Initiative, any other academic standards common to a signifi- cant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so. ‘‘(b) F INANCIAL S UPPORT .—No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under section 8401 upon a State, local educational agency, or school’s adoption or implementation of spe- cific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards).’’. SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS. Section 8527, as redesignated by section 8001 of this Act, is amended to read as follows: ‘‘SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS. ‘‘(a) G ENERAL P ROHIBITION .—Nothing in this Act shall be con- strued to authorize an officer or employee of the Federal Govern- ment, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. ‘‘(b) P ROHIBITION ON E NDORSEMENT OF C URRICULUM .—Notwith- standing any other provision of Federal law, no funds provided to the Department under this Act may be used by the Department,

313 S. 1177—313 whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Stand- ards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. ‘‘(c) L OCAL C ONTROL .—Nothing in this section shall be construed to— ‘‘(1) authorize an officer or employee of the Federal Govern- ment, whether through a grant, contract, or cooperative agree- ment to mandate, direct, review, or control a State, local edu- cational agency, or school’s instructional content, curriculum, and related activities; ‘‘(2) limit the application of the General Education Provi- sions Act (20 U.S.C. 1221 et seq.); ‘‘(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or ‘‘(4) create any legally enforceable right. C R EQUIRING F EDERAL A PPROVAL OR ROHIBITION ON ERTIFI - ‘‘(d) P CATION OF S TANDARDS .— ‘‘(1) I N GENERAL .—Notwithstanding any other provision of Federal law, no State shall be required to have academic stand- ards approved or certified by the Federal Government, in order to receive assistance under this Act. ‘‘(2) R .—Nothing in this Act shall ULE OF CONSTRUCTION be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the develop- ment or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. ‘‘(3) B UILDING STANDARDS .—Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.’’. SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION. Section 8528, as redesignated by section 8001 of this Act, is amended by striking subsections (a) through (d) and inserting the following: ‘‘(a) P OLICY .— CCESS TO STUDENT RECRUITING INFORMATION .—Not- ‘‘(1) A withstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has sub- mitted the prior consent request under paragraph (2). ‘‘(2) C ONSENT .—

314 S. 1177—314 ‘‘(A) O - OUT PROCESS .—A parent of a secondary school PT student may submit a written request, to the local edu- cational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student’s name, address, and telephone listing for such purposes without the prior written consent of the parent. - ‘‘(B) N .—Each local OTIFICATION OF OPT OUT PROCESS educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A). ‘‘(3) S AME ACCESS TO STUDENTS .—Each local educational agency receiving assistance under this Act shall provide mili- tary recruiters the same access to secondary school students as is provided to institutions of higher education or to prospec- tive employers of those students. ‘‘(4) R - IN PROC ULE OF CONSTRUCTION PROHIBITING OPT - ESSES .—Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt- in process or any other process other than the written consent request process under paragraph (2)(A). ‘‘(5) P ARENTAL CONSENT .—For purposes of this subsection, whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student. ‘‘(b) N OTIFICATION .—The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds Act, notify school leaders, school administrators, and other educators about the requirements of this section. ‘‘(c) E XCEPTION .—The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.’’. SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING. Section 8529, as redesignated by section 8001 of this Act, is amended to read as follows: ‘‘SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING. ‘‘(a) G ENERAL P ROHIBITION .—Notwithstanding any other provi- sion of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assess- ment or testing materials aligned to the Common Core State Stand- ards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.

315 S. 1177—315 ‘‘(b) E .—Subsection (a) shall not apply to inter- XCEPTIONS national comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to only a representative sample of pupils in the United States and in foreign nations.’’. SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS. Section 8530, as redesignated by section 8001 of this Act, is amended— (1) in the section heading, by inserting ‘‘ , PRINCIPALS , ’’ after ‘‘ TEACHERS ’’; OR OTHER SCHOOL LEADERS (2) in the subsection heading, by inserting ‘‘, P RINCIPALS , EACHERS O S CHOOL L OR ’’ after ‘‘T THER ’’; and EADERS (3) in subsection (a)— (A) by inserting ‘‘, principals, other school leaders,’’ after ‘‘teachers’’; and (B) by inserting ‘‘, or incentive regarding,’’ after ‘‘administration of’’. SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION. Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8530 the following: ‘‘SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION. ‘‘Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be con- strued to require a State to participate in any program under this Act.’’. SEC. 8029. CIVIL RIGHTS. Section 8534(b), as redesignated by section 8001 of this Act, is amended— (1) by striking ‘‘as defined in section 1116 of title I and part B of title V’’ and inserting ‘‘as defined in section 1111(d) of title I and part C of title IV’’; and (2) by striking ‘‘grant under section 1116 of title I or part B of title V’’ and inserting ‘‘grant under section 1111(d) of title I or part C of title IV’’. SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS. ‘‘(a) I N G ENERAL .—To ensure timely and meaningful consulta- tion on issues affecting American Indian and Alaska Native stu- dents, an affected local educational agency shall consult with appro- priate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency’s submission of a required plan or application for a covered program under

316 S. 1177—316 this Act or for a program under title VI of this Act. Such consulta- tion shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan. ‘‘(b) D OCUMENTATION .—Each affected local educational agency shall maintain in the agency’s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency. ‘‘(c) D .—In this section: EFINITIONS FFECTED LOCAL EDUCATIONAL AGENCY ‘‘(1) A .—The term ‘affected local educational agency’ means a local educational agency— ‘‘(A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or ‘‘(B) that— ‘‘(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII (as such subpart was in effect on the day before the date of enactment of the Every Student Succeeds Act) that exceeded $40,000; or ‘‘(ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under sub- part 1 of part A of title VI that exceeded $40,000. ‘‘(2) A PPROPRIATE OFFICIALS .—The term ‘appropriate offi- cials’ means— ‘‘(A) tribal officials who are elected; or ‘‘(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section. ‘‘(d) R C ULE OF .—Nothing in this section shall ONSTRUCTION be construed— ‘‘(1) to require the local educational agency to determine who are the appropriate officials; or ‘‘(2) to make the local educational agency liable for consulta- tion with appropriate officials that the tribe determines not to be the correct appropriate officials. ‘‘(e) L .—Consultation required under this section shall IMITATION not interfere with the timely submission of the plans or applications required under this Act.’’. SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES. ‘‘(a) O UTREACH .—The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act.

317 S. 1177—317 ‘‘(b) T A SSISTANCE .—If requested to do so, the Sec- ECHNICAL retary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application.’’. SEC. 8032. CONSULTATION WITH THE GOVERNOR. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8540. CONSULTATION WITH THE GOVERNOR. N G ENERAL .—A State educational agency shall consult ‘‘(a) I in a timely and meaningful manner with the Governor, or appro- priate officials from the Governor’s office, in the development of State plans under titles I and II and section 8302. ‘‘(b) T .—The consultation described in subsection (a) shall IMING include meetings of officials from the State educational agency and the Governor’s office and shall occur— ‘‘(1) during the development of such plan; and ‘‘(2) prior to submission of the plan to the Secretary. OINT S IGNATURE A UTHORITY .—A Governor shall have 30 ‘‘(c) J days prior to the State educational agency submitting the State plan under title I or II or section 8302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without such signature.’’. SEC. 8033. LOCAL GOVERNANCE. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8541. LOCAL GOVERNANCE. ULE OF ‘‘(a) R ONSTRUCTION .—Nothing in this Act shall be C construed to allow the Secretary to— ‘‘(1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act; ‘‘(2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or ‘‘(3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders. ‘‘(b) A UTHORITY U NDER O THER L AW .—Nothing in subsection (a) shall be construed to affect any authority the Secretary has under any other Federal law.’’. SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

318 S. 1177—318 ‘‘SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL. ‘‘(a) I ENERAL .—Subject to subsection (b), nothing in this N G Act shall authorize the Secretary to, or shall be construed to— ‘‘(1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or ‘‘(2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate. ‘‘(b) N P REEMPTION OF S O L OCAL L AWS .—Notwith- TATE OR standing subsection (a), nothing in this section shall be construed to preempt State or local laws.’’. SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. ‘‘Notwithstanding section 8102, funds used for activities under this Act shall be carried out in accordance with the provision of section 399z–1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h–5(a)(3)(C)).’’. SEC. 8036. STATE CONTROL OVER STANDARDS. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8544. STATE CONTROL OVER STANDARDS. N G ENERAL .—Nothing in this Act shall be construed to ‘‘(a) I prohibit a State from withdrawing from the Common Core State Standards or from otherwise revising their standards. ‘‘(b) P ROHIBITION .—No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts or other cooperative agreements, through waiver granted under section 8401 or through any other authority, take any action against a State that exercises its rights under subsection (a).’’. SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. ‘‘(a) F INDINGS .—The Congress finds as follows: ‘‘(1) Students’ personally identifiable information is impor- tant to protect. ‘‘(2) Students’ information should not be shared with individuals other than school officials in charge of educating those students without clear notice to parents. ‘‘(3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever. ‘‘(4) Regulations allowing more access to students’ personal information could allow that information to be shared or sold

319 S. 1177—319 by individuals who do not have the best interest of the students in mind. ‘‘(5) The Secretary has the responsibility to ensure every entity that receives funding under this Act holds any personally identifiable information in strict confidence. ‘‘(b) S ENSE OF ONGRESS .—It is the sense of the Congress C that the Secretary should review all regulations addressing issues of student privacy, including those under this Act, and ensure that students’ personally identifiable information is protected.’’. SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. N ‘‘(a) I ENERAL .—A State, State educational agency, or local G educational agency in the case of a local educational agency that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local edu- cational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. ‘‘(b) E XCEPTION .—The requirements of subsection (a) shall not apply if the information giving rise to probable cause— ‘‘(1)(A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and ‘‘(B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any suc- ceeding regulations; and ‘‘(2)(A) the matter has been officially closed or the pros- ecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law; ‘‘(B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or ‘‘(C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency. ‘‘(c) P ROHIBITION .—The Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section. ‘‘(d) C ONSTRUCTION .—Nothing in this section shall be construed to prevent a State from adopting, or to override a State law,

320 S. 1177—320 regulation, or policy that provides, greater or additional protections to prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.’’. SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOV- EREIGNTY OVER PUBLIC EDUCATION. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOV- EREIGNTY OVER PUBLIC EDUCATION. ‘‘It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this Act prior to a State or local educational agency’s request to participate in such activities.’’. SEC. 8040. PRIVACY. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8548. PRIVACY. ‘‘The Secretary shall require an assurance that each grantee receiving funds under this Act understands the importance of pri- vacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provi- sions Act (20 U.S.C. 1232g) (commonly known as the ‘Family Edu- cation Rights and Privacy Act of 1974’).’’. SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; TECHNICAL ASSISTANCE. Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: ‘‘SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL GUIDANCE. ‘‘The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include— ‘‘(1) appropriate approval processes within the Department; ‘‘(2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance; ‘‘(3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and ‘‘(4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document. ‘‘SEC. 8549A SENSE OF CONGRESS. ‘‘(a) F INDINGS .—The Congress finds as follows: ‘‘(1) This Act prohibits the Federal Government from man- dating, directing, or controlling a State, local educational

321 S. 1177—321 agency, or school’s curriculum, program of instruction, or alloca- tion of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. ‘‘(2) This Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. ‘‘(b) S ONGRESS .—It is the sense of the Congress ENSE OF C that States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary edu- cation. ‘‘SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD CARE. ‘‘It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use funding under this Act to offer early childhood education pro- grams. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the content of a State’s early learning guidelines, and how to determine quality in programs. ‘‘SEC. 8549C. TECHNICAL ASSISTANCE. ‘‘If requested by a State or local educational agency, a regional educational laboratory under part D of the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the requirements of section 8101(21).’’. SEC. 8042. EVALUATIONS. Section 8601, as redesignated by section 8001 of this Act, is amended to read as follows: ‘‘SEC. 8601. EVALUATIONS. ‘‘(a) R ESERVATION OF F UNDS .—Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts— ‘‘(1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— ‘‘(A) conduct comprehensive, high-quality evaluations of the programs that— ‘‘(i) are consistent with the evaluation plan under subsection (d); and ‘‘(ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where

322 S. 1177—322 practicable and appropriate, and other rigorous meth- odologies that permit the strongest possible causal inferences; ‘‘(B) conduct studies of the effectiveness of the pro- grams and the administrative impact of the programs on schools and local educational agencies; and ‘‘(C) widely disseminate evaluation findings under this section related to programs authorized under this Act— ‘‘(i) in a timely fashion; ‘‘(ii) in forms that are understandable, easily acces- sible, usable, and adaptable for use in the improvement of educational practice; ‘‘(iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and ‘‘(iv) in a manner that promotes the utilization of such findings; and ‘‘(2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— ‘‘(A) to evaluate the aggregate short- and long-term effects and cost efficiencies across— ‘‘(i) Federal programs assisted or authorized under this Act; and ‘‘(ii) related Federal early childhood education pro- grams, preschool programs, elementary school pro- grams, and secondary school programs, under any other Federal law; ‘‘(B) to increase the usefulness of the evaluations con- ducted under this section by improving the quality, timeli- ness, efficiency, and use of information relating to perform- ance to promote continuous improvement of programs assisted or authorized under this Act; and ‘‘(C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1). ‘‘(b) T ITLE I.—The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation. ‘‘(c) C ONSOLIDATION .—Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences— ‘‘(1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and ‘‘(2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year. ‘‘(d) E VALUATION P LAN .—The Director of the Institute of Edu- cation Sciences, shall, on a biennial basis, develop, submit to Con- gress, and make publicly available an evaluation plan, that— ‘‘(1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities;

323 S. 1177—323 ‘‘(2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and ‘‘(3) describes how programs authorized under this Act will be regularly evaluated. .—If, A A UTHORIZED ‘‘(e) E LSEWHERE CTIVITIES VALUATION E under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program.’’. TITLE IX—EDUCATION FOR THE HOMELESS AND OTHER LAWS PART A—HOMELESS CHILDREN AND YOUTHS SEC. 9101. STATEMENT OF POLICY. Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431) is amended— (1) in paragraph (2), by striking ‘‘In any State’’ and all that follows through ‘‘will review’’ and inserting ‘‘In any State where compulsory residency requirements or other require- ments, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review’’; (2) in paragraph (3), by striking ‘‘alone’’; and (3) in paragraph (4), by striking ‘‘challenging State student academic achievement standards’’ and inserting ‘‘challenging State academic standards’’. SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES. Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432) is amended— (1) by striking subsection (b) and inserting the following: ‘‘(b) G F ROM RANTS LLOTMENTS .—The Secretary shall make A the grants to States from the allotments made under subsection (c)(1).’’; (2) in subsection (d)— (A) in paragraph (2)— (i) by striking ‘‘To provide’’ and all that follows through ‘‘that enable’’ and inserting ‘‘To provide serv- ices and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable’’; and (ii) by striking ‘‘or, if’’ and inserting ‘‘including, if’’; (B) in paragraph (3), by striking ‘‘designate’’ and all that follows and inserting ‘‘designate in the State edu- cational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle in accordance with subsection (f).’’; and (C) by striking paragraph (5) and inserting the fol- lowing:

324 S. 1177—324 ‘‘(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 the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs in the education of homeless children and youths.’’; (3) in subsection (e)— (A) in paragraph (1), by inserting ‘‘a State through grants 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 distrib- utes 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 (E)(ii)(II), by striking ‘‘sub- section (g)(6)(A)(v)’’ and inserting ‘‘subsection (g)(6)(A)(vi)’’; and (iii) in subparagraph (F)— (I) in clause (i)— (aa) by striking ‘‘and’’ at the end of sub- clause (II); (bb) by striking the period at the end of subclause (III) and inserting ‘‘; and’’; and (cc) by adding at the end the following: ‘‘(IV) the progress the separate schools are making in helping all students meet the chal- lenging 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’’; (4) by striking subsection (f) and inserting the following: ‘‘(f) F O FFICE OF THE UNCTIONS OF THE OORDINATOR .—The C Coordinator for Education of Homeless Children and Youths estab- lished in each State shall— ‘‘(1) gather and make publicly available reliable, valid, and comprehensive information on— ‘‘(A) the number of homeless children and youths identified in the State, which shall be 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 pre- school programs and to public elementary schools and sec- ondary 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

325 S. 1177—325 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 reasonably 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 services to homeless children and youths and their families, coordinate activities and collaborate with— ‘‘(A) educators, including teachers, special education personnel, administrators, and child development and pre- school program personnel; ‘‘(B) providers of services to homeless children and youths and their families, including 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 Run- away and Homeless Youth Act (42 U.S.C. 5701 et seq.); ‘‘(C) providers of emergency, transitional, and perma- nent housing to homeless children and youths, and their families, including public housing agencies, shelter opera- tors, operators of transitional housing facilities, and pro- viders 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 and conduct monitoring of local educational agencies in coordination with local edu- cational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g); ‘‘(6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in sections 103, 401, and 725 to the liaison; and ‘‘(7) respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccom- panied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protec- tions and services provided by this subtitle.’’; (5) by striking subsection (g) and inserting the following: ‘‘(g) S TATE P LAN .— ‘‘(1) I N GENERAL .—For any State desiring to receive a grant under this subtitle, the State educational agency shall submit to the Secretary a plan to provide for the education of homeless

326 S. 1177—326 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 standards as all students are expected to meet. ‘‘(B) A description of the procedures the State edu- cational 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 resolu- tion of disputes regarding the educational placement of homeless children and youths. ‘‘(D) A description of programs for school personnel (including liaisons designated under subparagraph (J)(ii), principals and other school leaders, attendance officers, teachers, enrollment personnel, and specialized instruc- tional support personnel) to heighten the awareness of such school personnel of the specific needs of homeless children and youths, including such children and youths who are runaway and homeless youths. ‘‘(E) A description of procedures that ensure that home- less 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 access to public pre- school programs, administered by the State educational agency or local educational agency, as provided to other children in the State; ‘‘(ii) youths described in section 725(2) and youths separated from public schools are identified and accorded equal access to appropriate secondary edu- cation and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; and ‘‘(iii) homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such pro- grams are available at the State and local levels. ‘‘(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) requirements of immunization and other required health records; ‘‘(ii) residency requirements; ‘‘(iii) lack of birth certificates, school records, or other documentation; ‘‘(iv) guardianship issues; or

327 S. 1177—327 ‘‘(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 identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enroll- ment and retention due to outstanding fees or fines, or absences. ‘‘(J) Assurances that the following will be carried out: ‘‘(i) The State educational agency and local edu- cational 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) The local educational agencies will designate an appropriate staff person, able to carry out the duties described in paragraph (6)(A), who may also be a coordinator for other Federal programs, as a local edu- cational agency liaison for homeless children and youths. ‘‘(iii) The State and the local educational agencies in the State will adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), 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 arrange- ments in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsi- bility and costs for transportation shall be shared equally. ‘‘(iv) The State and the local educational agencies in the State will adopt policies and practices to ensure participation by liaisons described in clause (ii) in professional development and other technical assist- ance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator.

328 S. 1177—328 ‘‘(K) A description of how youths described in section 725(2) will receive assistance from counselors to advise such youths, and prepare and improve the readiness of such youths for college. .— ‘‘(2) C OMPLIANCE N GENERAL .—Each plan adopted under this sub- ‘‘(A) I section 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). OORDINATION .—Such plan shall indicate what ‘‘(B) C technical assistance the State will furnish to local edu- cational agencies and how compliance efforts will be coordi- nated with the local educational agency liaisons designated under paragraph (1)(J)(ii). ‘‘(3) L OCAL EDUCATIONAL AGENCY REQUIREMENTS .— ‘‘(A) I N 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; and ‘‘(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) S CHOOL 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’s or youth’s best interest, except when doing so is contrary to the request of the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the 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, edu- cation, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth; ‘‘(iii) if, after conducting the best interest deter- mination 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 or guardian, or (in the case of an unaccom- panied youth) the youth, provide the child’s or youth’s parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determina- tion, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including

329 S. 1177—329 information regarding the right to appeal under subparagraph (E); and ‘‘(iv) in the case of an unaccompanied youth, ensure that the local educational agency 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) I MMEDIATE ENROLLMENT .—The school selected in accordance N GENERAL ‘‘(i) I with this paragraph shall immediately enroll the home- less 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) R ELEVANT ACADEMIC RECORDS .—The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant aca- demic and other records. ‘‘(iii) R ELEVANT 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 (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immuniza- tion or other required health records, in accordance with subparagraph (D). ‘‘(D) R .—Any record ordinarily kept by the ECORDS 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 main- tained— ‘‘(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) E NROLLMENT DISPUTES .—If a dispute arises over eligibility, or 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 or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the

330 S. 1177—330 State educational agency involved, including the rights of the parent, guardian, or unaccompanied 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 para- graph (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 the school in which the youth seeks enroll- ment pending resolution of such dispute. ‘‘(F) P LACEMENT CHOICE .—The choice regarding place- ment shall be made regardless of whether the child or youth lives with the homeless parents or has been tempo- rarily placed elsewhere. ‘‘(G) P RIVACY .—Information about a homeless child’s or youth’s living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). ONTACT INFORMATION .—Nothing in this subtitle ‘‘(H) C shall prohibit a local educational agency from requiring a parent or guardian of a homeless child or youth to submit contact information. ‘‘(I) S CHOOL OF ORIGIN DEFINED .—In this paragraph: ‘‘(i) I N GENERAL .—The term ‘school of origin’ means the school that a child or youth attended when perma- nently housed or the school in which the child or youth was last enrolled, including a preschool. ‘‘(ii) R .—When the child or youth ECEIVING SCHOOL 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. ‘‘(4) C .—Each homeless child or youth OMPARABLE SERVICES 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) C OORDINATION .— ‘‘(A) I N GENERAL .—Each local educational agency serving homeless children and youths that receives assist- ance 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

331 S. 1177—331 youths and their families, including services and pro- grams 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 edu- cational agencies. ‘‘(B) H .—If applicable, each State OUSING ASSISTANCE 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 Afford- able Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become homeless. OORDINATION PURPOSE .—The coordination ‘‘(C) C required under subparagraphs (A) and (B) shall be designed to— ‘‘(i) ensure that all homeless children and youths are promptly identified; ‘‘(ii) ensure that all 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) H OMELESS CHILDREN AND YOUTHS WITH DISABIL - ITIES .—For children and youths 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 sec- tion 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 pro- grams for children with disabilities served by that local educational agency and other involved local educational agencies. OCAL EDUCATIONAL AGENCY LIAISON .— ‘‘(6) L ‘‘(A) D UTIES .—Each local educational agency liaison for homeless children and youths, designated under para- graph (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 and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start pro- grams (including Early Head Start programs) under the Head Start Act (42 U.S.C. 9831 et seq.), early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and other preschool programs administered by the local educational agency;

332 S. 1177—332 ‘‘(iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance 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 pro- vided 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 loca- tions frequented by parents or guardians of such chil- dren 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 accord- ance 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 para- graph (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 chal- lenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and ‘‘(III) are informed of their status as inde- pendent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv) and that the youths may obtain assistance from the local educational agency liaison to 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) N OTICE .—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 chil- dren and youths, and homeless children and youths of the duties of the local educational agency liaisons, and publish an annually updated list of the liaisons on the State educational agency’s website. ‘‘(C) L OCAL AND STATE COORDINATION .—Local edu- cational agency liaisons for homeless children and youths shall, as a part of their duties, coordinate and collaborate with State Coordinators and community and school per- sonnel responsible for the provision of education and

333 S. 1177—333 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). OMELESS STATUS .—A local educational agency ‘‘(D) H liaison designated under paragraph (1)(J)(ii) who receives training described in subsection (f)(6) may affirm, without further agency action by the Department of Housing and Urban Development, that a child or youth who is eligible for and participating in a program provided by the local educational agency, or the immediate family of such a child or youth, who meets the eligibility requirements of this Act for a program or service authorized under title IV, is eligible for such program or service. EVIEW AND REVISIONS .— ‘‘(7) R ‘‘(A) I .—Each State educational agency and N GENERAL local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the identification of homeless children and youths or the enrollment of homeless children and youths in schools that are selected under paragraph (3). ONSIDERATION .—In reviewing and revising such ‘‘(B) C policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship. PECIAL ATTENTION .—Special attention shall be ‘‘(C) S given to ensuring the identification, enrollment, and attend- ance of homeless children and youths who are not currently attending school.’’; and (6) by striking subsection (h). SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS. Section 723 of such Act (42 U.S.C. 11433) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘facilitating the enroll- ment,’’ and inserting ‘‘facilitating the identification, enroll- ment,’’; (B) in paragraph (2)(B), in the matter preceding clause (i), by inserting ‘‘the related’’ before ‘‘schools’’; and (C) by adding at the end the following: ‘‘(4) D URATION OF GRANTS .—Subgrants made under this section shall be for terms of not to exceed 3 years.’’; (2) in subsection (b), by adding at the end the following: ‘‘(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). ‘‘(7) An assurance that the local educational agency will meet the requirements of section 722(g)(3).’’; (3) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking ‘‘preschool, elementary, and secondary schools’’ and inserting ‘‘early childhood education and other pre- school programs, elementary schools, and secondary schools,’’;

334 S. 1177—334 (ii) in subparagraph (A), by inserting ‘‘identifica- tion,’’ before ‘‘enrollment,’’; (iii) in subparagraph (B), by striking ‘‘application— ’’ and all that follows and inserting ‘‘application reflects coordination with other local and State agencies that serve homeless children and youths.’’; and (iv) in subparagraph (C), by inserting ‘‘(as of the date of submission of the application)’’ after ‘‘practice’’; (B) in paragraph (3)— (i) in subparagraph (C), by inserting ‘‘extent to which the applicant will promote meaningful’’ after ‘‘The’’; (ii) in subparagraph (D), by striking ‘‘within’’ and inserting ‘‘into’’; (iii) by redesignating subparagraph (G) as subpara- graph (I); (iv) by inserting after subparagraph (F) the fol- lowing: ‘‘(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 will use 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) in subparagraph (I), as redesignated by clause (iii), by striking ‘‘Such’’ and inserting ‘‘The extent to which the applicant’s program meets such’’; and (C) by striking paragraph (4); and (4) in subsection (d)— (A) in paragraph (1), by striking ‘‘the same challenging State academic content standards and challenging State student academic achievement standards’’ and inserting ‘‘the same challenging State academic standards as’’; (B) in paragraph (2)— (i) by striking ‘‘students with limited English pro- ficiency’’ 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)— (i) by striking ‘‘parents’’ and inserting ‘‘parents and guardians’’; and (ii) by inserting before the period at the end ‘‘, and other activities designed to increase the meaning- ful involvement of parents and guardians of homeless children or youths in the education of such children or youths’’; (G) in paragraph (12), by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support services’’;

335 S. 1177—335 (H) in paragraph (13), by inserting before the period at the end ‘‘and parental mental health or substance abuse problems’’; and (I) in paragraph (16), by inserting before the period at the end ‘‘and participate fully in school activities’’. SEC. 9104. SECRETARIAL RESPONSIBILITIES. Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434) is amended— (1) by striking subsection (c) and inserting the following: ‘‘(c) N OTICE .— .—The Secretary shall, before the next ‘‘(1) I N GENERAL school year that begins after the date of enactment of the Every Student Succeeds Act, update and disseminate nation- wide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths. ‘‘(2) D ISSEMINATION .—The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths.’’; (2) by striking subsection (d) and inserting the following: ‘‘(d) E , D ISSEMINATION , VALUATION T ECHNICAL A SSIST - AND ANCE .—The Secretary shall conduct evaluation, dissemination, and technical assistance activities for 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.’’; (3) in subsection (e)— (A) by striking ‘‘60-day’’ and inserting ‘‘120-day’’; and (B) 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, concerning areas in which docu- mented barriers to a free appropriate public education persist.’’; (5) by striking subsection (g) and inserting the following: ‘‘(g) G UIDELINES .—The Secretary shall develop, issue, and pub- lish in the Federal Register, not later than 60 days after the date of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State— ‘‘(1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and ‘‘(2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and suc- cess of homeless children and youths in school.’’; (6) in subsection (h)(1)(A)— (A) by striking ‘‘location’’ and inserting ‘‘primary night- time residence’’; and (B) 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 ‘‘Every Student Succeeds Act’’. SEC. 9105. DEFINITIONS. (a) A MENDMENTS .—Section 725 of the McKinney-Vento Home- less Assistance Act (42 U.S.C. 11434a) is amended—

336 S. 1177—336 (1) in paragraph (2)(B)(i)— (A) by inserting ‘‘or’’ before ‘‘are abandoned’’; and (B) by striking ‘‘or are awaiting foster care placement;’’; (2) in paragraph (3), by striking ‘‘9101’’ and inserting ‘‘8101’’; and (3) in paragraph (6), by striking ‘‘youth not’’ and inserting ‘‘homeless child or youth not’’. D ATE .— (b) E FFECTIVE .—In the case of a State that is not a N GENERAL (1) I covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) C OVERED STATE .—In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) C S TATE .—For purposes of this section the term OVERED ‘‘covered State’’ means a State that has a statutory law that defines or describes the phrase ‘‘awaiting foster care placement’’, for pur- poses of a program under subtitle B of title VII of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.). SEC. 9106. AUTHORIZATION OF APPROPRIATIONS. Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended to read as follows: ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020.’’. SEC. 9107. EFFECTIVE DATE. Except as provided in section 9105(b) or as otherwise provided in this Act, this title and the amendments made by this title take effect on October 1, 2016. PART B—MISCELLANEOUS; OTHER LAWS SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MIS- CONDUCT. INDINGS .—Congress finds the following: (a) F (1) There are significant anecdotal reports that some schools and local educational agencies have failed to properly report allegations of sexual misconduct by employees, contrac- tors, or agents. (2) Instead of reporting alleged sexual misconduct to the appropriate authorities, such as the police or child welfare services, reports suggest that some schools or local educational agencies have kept information on allegations of sexual mis- conduct private or have entered into confidentiality agreements with the suspected employee, contractor, or agent who agrees to terminate employment with or discontinue work for the school or local educational agency. (3) The practice of withholding information on allegations of sexual misconduct can facilitate the exposure of other stu- dents in other jurisdictions to sexual misconduct. (b) S ENSE OF C ONGRESS .—It is the sense of Congress that— (1) confidentiality agreements between local educational agencies or schools and child predators should be prohibited;

337 S. 1177—337 (2) local educational agencies or schools should not facilitate the transfer of child predators to other local educational agen- cies or schools; and (3) States should require local educational agencies and schools to report any and all information regarding allegations of sexual misconduct to law enforcement and other appropriate authorities. SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS. It is the sense of Congress that a student, teacher, school administrator, or other school employee of an elementary school or secondary school retains the individual’s rights under the First Amendment to the Constitution of the United States during the school day or while on the grounds of an elementary school or secondary school. SEC. 9203. PREVENTING IMPROPER USE OF TAXPAYER FUNDS. To address the misuse of taxpayer funds, the Secretary of Education shall— (1) require that each recipient of a grant or subgrant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use; (2) annually notify employees of the Department of Edu- cation of their responsibility to report fraud; and (3) require any applicant— (A) for a grant under such Act to provide an assurance to the Secretary that any information submitted when applying for such grant and responding to monitoring and compliance reviews is truthful and accurate; and (B) for a subgrant under such Act to provide the assur- ance described in subparagraph (A) to the entity awarding the subgrant. SEC. 9204. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING AND OVERSIGHT. To improve monitoring and oversight of taxpayer funds author- ized for appropriation under the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and abuse with respect to such funds, the Secretary of Education shall— (1) notify each recipient of a grant under such Act (and, if applicable, require the grantee to inform each subgrantee) of its responsibility to— (A) comply with all monitoring requirements under the applicable program or programs; and (B) monitor properly any subgrantee under the applicable program or programs; (2) review and analyze the results of monitoring and compli- ance reviews— (A) to understand trends and identify common issues; and (B) to issue guidance to help grantees address such issues before the loss or misuse of taxpayer funding occurs;

338 S. 1177—338 (3) publicly report the work undertaken by the Secretary to prevent fraud, waste, and abuse with respect to such tax- payer funds; and (4) work with the Office of Inspector General of the Depart- ment of Education, as needed, to help ensure that employees of the Department understand how to adequately monitor grantees and to help grantees adequately monitor any sub- grantees. SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE OF INSPECTOR GENERAL REPORTS. (a) I ENERAL .—Not later than 6 months after the date of N G enactment of this Act, the Secretary of Education shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the public through the website of the Department of Education, a report containing an update on the Department’s implementation of recommendations contained in reports from the Office of Inspector General of the Department of Education. (b) C .—The report under subsection (a) shall include— ONTENTS (1) a general review of the work of the Department of Education to implement or address findings contained in reports from the Office of Inspector General of the Department of Education to improve monitoring and oversight of Federal pro- grams, including— (A) the March 9, 2010, final management information report of the Office of Inspector General of the Department of Education addressing oversight by local educational agencies and authorized public chartering agencies; and (B) the September 2012 report of the Office of Inspector General of the Department of Education entitled ‘‘The Office of Innovation and Improvement’s Oversight and Monitoring of the Charter Schools Program’s Planning and Implementation Grants Final Audit Report’’; and (2) a description of the actions the Department of Education has taken to address the concerns described in reports of the Office of Inspector General of the Department of Education, including the reports described in paragraph (1). SEC. 9206. POSTHUMOUS PARDON. (a) F INDINGS .—Congress finds the following: (1) John Arthur ‘‘Jack’’ Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases. (2) Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves. (3) Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African- American heavyweights. (4) After being denied (on purely racial grounds) the oppor- tunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns. (5) Jack Johnson defeated Tommy Burns to become the first African-American to hold the title of Heavyweight Cham- pion of the World.

339 S. 1177—339 (6) The victory by Jack Johnson over Tommy Burns prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the ‘‘great white hope’’. (7) In 1910, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada. (8) Jim Jeffries lost to Jack Johnson in what was deemed the ‘‘Battle of the Century’’. (9) The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially- motivated murder of African-Americans throughout the United States. (10) The relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites. (11) Between 1901 and 1910, 754 African-Americans were lynched, some simply for being ‘‘too familiar’’ with White women. (12) In 1910, Congress passed the Act of June 25, 1910 (commonly known as the ‘‘White Slave Traffic Act’’ or the ‘‘Mann Act’’) (18 U.S.C. 2421 et seq.), which outlawed the transportation of women in interstate or foreign commerce ‘‘for the purpose of prostitution or debauchery, or for any other immoral purpose’’. (13) In October 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter. (14) Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting the woman across State lines for an ‘‘immoral purpose’’ in violation of the Mann Act. (15) The Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson. (16) Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across State lines for the purpose of ‘‘pros- titution and debauchery’’. (17) In 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison. (18) Jack Johnson fled the United States to Canada and various European and South American countries. (19) Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915. (20) Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Federal penitentiary in Leavenworth, Kansas. (21) Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title. (22) Jack Johnson served the United States during World War II by encouraging citizens to buy war bonds and partici- pating in exhibition boxing matches to promote the war bond cause. (23) Jack Johnson died in an automobile accident in 1946. (24) In 1954, Jack Johnson was inducted into the Boxing Hall of Fame. (25) Senate Concurrent Resolution 29, 111th Congress, agreed to July 29, 2009, expressed the sense of the 111th

340 S. 1177—340 Congress that Jack Johnson should receive a posthumous pardon for his racially-motivated 1913 conviction. (b) R ECOMMENDATIONS .—It remains the sense of Congress that Jack Johnson should receive a posthumous pardon— (1) to expunge a racially-motivated abuse of the prosecu- torial authority of the Federal Government from the annals of criminal justice in the United States; and (2) in recognition of the athletic and cultural contributions of Jack Johnson to society. SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 REAUTHORIZATION. EFINITIONS .—Section 3(1) of the Education Flexibility Part- (a) D nership Act of 1999 (20 U.S.C. 5891a(1)) is amended— (1) in the paragraph heading, by striking ‘‘L OCAL ’’ and inserting ‘‘E ; LOCAL ’’; DUCATIONAL SERVICE AGENCY (2) by striking ‘‘The terms’’ and inserting ‘‘The terms ‘edu- cational service agency’,’’; and (3) by striking ‘‘section 9101’’ and inserting ‘‘section 8101’’. ENERAL P (b) G .—Section 4 of the Education Flexi- ROVISIONS bility Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read as follows: ‘‘SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM. ‘‘(a) E DUCATIONAL F LEXIBILITY P ROGRAM .— ‘‘(1) P ROGRAM AUTHORIZED .— N GENERAL ‘‘(A) I .—The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State. ‘‘(B) D ESIGNATION .—Each eligible State participating in the program described in subparagraph (A) shall be known as an ‘Ed-Flex Partnership State’. ‘‘(2) E LIGIBLE STATE .—For the purpose of this section, the term ‘eligible State’ means a State that— ‘‘(A) has— ‘‘(i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965, and is producing the report cards required by section 1111(h) of such Act; or ‘‘(ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act by the Every Student Succeeds Act, made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward pro- ducing the report cards required under section 1111(h) of such Act; ‘‘(B) will hold local educational agencies, educational service agencies, and schools accountable for meeting the

341 S. 1177—341 educational goals described in the local applications sub- mitted under paragraph (4) and for engaging in technical assistance and, as applicable and appropriate, imple- menting comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965; and ‘‘(C) waives State statutory or regulatory requirements relating to education while holding local educational agen- cies, educational service agencies, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. TATE APPLICATION .— ‘‘(3) S ‘‘(A) I .—Each State educational agency N GENERAL desiring to participate in the educational flexibility program under this section shall submit an application to the Sec- retary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes— ‘‘(i) a description of the process the State edu- cational agency will use to evaluate applications from local educational agencies, educational service agen- cies, or schools requesting waivers of— ‘‘(I) Federal statutory or regulatory require- ments as described in paragraph (1)(A); and ‘‘(II) State statutory or regulatory require- ments relating to education; ‘‘(ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive; ‘‘(iii) a description of clear educational objectives the State intends to meet under the educational flexi- bility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; ‘‘(iv) a description of how the educational flexibility plan is coordinated with activities described in sub- sections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965; ‘‘(v) a description of how the State educational agency will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965) the performance of students in the schools, educational service agencies, and local educational agencies affected by the waivers; and ‘‘(vi) a description of how the State educational agency will meet the requirements of paragraph (7). ‘‘(B) A PPROVAL AND CONSIDERATIONS .— N GENERAL .—By not later than 90 days after ‘‘(i) I the date on which a State has submitted an application described in subparagraph (A), the Secretary shall issue a written decision that explains why such applica- tion has been approved or disapproved, and the process

342 S. 1177—342 for revising and resubmitting the application for reconsideration. ‘‘(ii) A PPROVAL .—The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application dem- onstrates substantial promise of assisting the State educational agency and affected local educational agen- cies, educational service agencies, and schools within the State in carrying out comprehensive educational reform, after considering— ‘‘(I) the eligibility of the State as described in paragraph (2); ‘‘(II) the comprehensiveness and quality of the educational flexibility plan described in subpara- graph (A); ‘‘(III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan; ‘‘(IV) the degree to which the State’s objectives described in subparagraph (A)(iii)— ‘‘(aa) are clear and have the ability to be assessed; and ‘‘(bb) take into account the performance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers; ‘‘(V) the significance of the State statutory or regulatory requirements relating to education that will be waived; and ‘‘(VI) the quality of the State educational agency’s process for approving applications for waivers of Federal statutory or regulatory require- ments as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers. OCAL APPLICATION .— ‘‘(4) L N GENERAL .—Each local educational agency, edu- ‘‘(A) I cational service agency, or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such informa- tion as the State educational agency may reasonably require. Each such application shall— ‘‘(i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived; ‘‘(ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; ‘‘(iii) describe, for each school year, specific, meas- urable, educational goals for each local educational agency, educational service agency, or school affected by the proposed waiver, and for the students served

343 S. 1177—343 by the local educational agency, educational service agency, or school who are affected by the waiver; ‘‘(iv) explain why the waiver will assist the local educational agency, educational service agency, or school in reaching such goals; and ‘‘(v) in the case of an application from a local educational agency or educational service agency, describe how the agency will meet the requirements of paragraph (7). VALUATION OF APPLICATIONS .—A State edu- ‘‘(B) E cational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State’s educational flexibility plan described in paragraph (3)(A). PPROVAL .—A State educational agency shall not ‘‘(C) A approve an application for a waiver under this paragraph unless— ‘‘(i) the local educational agency, educational service agency, or school requesting such waiver has developed a local reform plan that— ‘‘(I) is applicable to such agency or school, respectively; and ‘‘(II) may include innovative methods to lever- age resources to improve program efficiencies that benefit students; ‘‘(ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency, educational service agency, or school in reaching its educational goals, particularly goals with respect to school and student performance; and ‘‘(iii) the State educational agency is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met. ‘‘(D) T ERMINATION .—The State educational agency shall annually review the performance of any local edu- cational agency, educational service agency, or school granted a waiver of Federal statutory or regulatory require- ments as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate or temporarily suspend any waiver granted to the local educational agency, educational service agency, or school if the State educational agency determines, after notice and an opportunity for a hearing, that— ‘‘(i) there is compelling evidence of systematic waste, fraud, or abuse; ‘‘(ii) the performance of the local educational agency, educational service agency, or school with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in subparagraph (A)(iii) has been inadequate to justify continuation of such waiver; ‘‘(iii) student achievement in the local educational agency, educational service agency, or school has decreased; or

344 S. 1177—344 ‘‘(iv) substantial progress has not been made toward meeting the long-term goals and measurements of interim progress established by the State under section 1111(c)(4)(A)(i) of the Elementary and Sec- ondary Education Act of 1965. VERSIGHT AND REPORTING .— ‘‘(5) O ‘‘(A) O VERSIGHT .—Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies, educational service agencies, and schools receiving waivers under this section. ‘‘(B) S TATE REPORTS .— ‘‘(i) A REPORTS NNUAL .—The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance. ‘‘(ii) P ERFORMANCE DATA .—Not later than 2 years after the date a State is designated an Ed-Flex Partner- ship State, each such State shall include, as part of the State’s annual report submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the State’s educational objectives. The data, when applicable, shall include— ‘‘(I) information on the total number of waivers granted for Federal and State statutory and regu- latory requirements under this section, including the number of waivers granted for each type of waiver; ‘‘(II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and stu- dent performance; ‘‘(III) information describing the relationship of the waivers to the performance of schools and students affected by the waivers; and ‘‘(IV) an assurance from State program man- agers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State. ‘‘(C) S ECRETARY ’ S REPORTS .—The Secretary shall annually— ‘‘(i) make each State report submitted under subparagraph (B) available to Congress and the public; and ‘‘(ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers. ‘‘(6) D URATION OF FEDERAL WAIVERS .— ‘‘(A) I N GENERAL .— ‘‘(i) D URATION .—The Secretary shall approve the application of a State educational agency under para- graph (3) for a period of not more than 5 years.

345 S. 1177—345 ‘‘(ii) A .—The UTOMATIC EXTENSION DURING REVIEW Secretary shall automatically extend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has— ‘‘(I) completed the performance review of the State educational agency’s educational flexibility plan as described in subparagraph (B); and ‘‘(II) issued a final decision on any pending request for renewal that was submitted by the State educational agency. XTENSION OF APPROVAL .—The Secretary may ‘‘(iii) E extend the authority of a State to continue as an Ed-Flex Partnership State if the Secretary determines that the authority of the State educational agency to grant waivers— ‘‘(I) has been effective in enabling such State or affected local educational agencies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and ‘‘(II) has improved student performance. ‘‘(B) P ERFORMANCE REVIEW .— N GENERAL .—Following the expiration of an ‘‘(i) I approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to com- plete a review of the performance of the State edu- cational agency in granting waivers of Federal statu- tory or regulatory requirements as described in para- graph (1)(A) to determine if the State educational agency— ‘‘(I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to paragraph (3)(A)(iii) and the specific long-term goals and measurements of interim progress estab- lished under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and ‘‘(II) demonstrates that local educational agen- cies, educational service agencies, or schools affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the application sub- mitted pursuant to paragraph (4)(A)(iii). ERMINATION OF AUTHORITY .—The Secretary ‘‘(ii) T shall terminate the authority of a State educational agency to grant waivers of Federal statutory or regu- latory requirements as described in paragraph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on such agency’s performance against the specific long-term goals and measurements of interim progress

346 S. 1177—346 established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. ‘‘(C) R ENEWAL .— .—Each State educational agency N GENERAL ‘‘(i) I desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the Secretary not later than the date of expiration of the approved educational flexibility program. IMING FOR RENEWAL .—The Secretary shall ‘‘(ii) T either approve or deny the request for renewal by not later than 90 days after completing the perform- ance review of the State described in subparagraph (B). ‘‘(iii) D .—In deciding whether to ETERMINATION extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State edu- cational agency to determine if the State educational agency— ‘‘(I) has made progress toward achieving the objectives described in the State application sub- mitted pursuant to paragraph (3)(A)(iii); and ‘‘(II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application sub- mitted pursuant to paragraph (4)(A)(iii). ‘‘(D) T ERMINATION .— N GENERAL ‘‘(i) I .—The Secretary shall terminate or temporarily suspend the authority of a State edu- cational agency to grant waivers under this section if the Secretary determines that— ‘‘(I) there is compelling evidence of systematic waste, fraud or abuse; or ‘‘(II) after notice and an opportunity for a hearing, such agency’s performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inad- equate to justify continuation of such authority. ‘‘(ii) L IMITED COMPLIANCE PERIOD .—A State whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek renewal of the authority to grant waivers under this section. ‘‘(7) P UBLIC NOTICE AND COMMENT .—Each State educational agency seeking waiver authority under this section and each local educational agency, educational service agency, or school seeking a waiver under this section— ‘‘(A) shall provide the public with adequate and effi- cient notice of the proposed waiver authority or waiver, consisting of a description of the agency’s application for the proposed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver;

347 S. 1177—347 ‘‘(B) shall provide the opportunity for parents, edu- cators, school administrators, and all other interested mem- bers of the community to comment regarding the proposed waiver authority or waiver; ‘‘(C) shall provide the opportunity described in subpara- graph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and ‘‘(D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate. ‘‘(b) I P ROGRAMS .—The statutory or regulatory require- NCLUDED ments referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula: ‘‘(1) The following provisions of the Elementary and Sec- ondary Education Act of 1965: ‘‘(A) Part A of title I (other than section 1111). ‘‘(B) Part C of title I. ‘‘(C) Part D of title I. ‘‘(D) Part A of title II. ‘‘(E) Part A of title IV. ‘‘(2) The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). ‘‘(c) W AIVERS N OT A UTHORIZED .—The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement— ‘‘(1) relating to— ‘‘(A) maintenance of effort; ‘‘(B) comparability of services; ‘‘(C) equitable participation of students and profes- sional staff in private schools; ‘‘(D) parental participation and involvement; ‘‘(E) distribution of funds to States or to local edu- cational agencies; ‘‘(F) serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965; ‘‘(G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attend- ance area or school of the local educational agency that meets the requirements of such subsections; ‘‘(H) use of Federal funds to supplement, not supplant, non-Federal funds; and ‘‘(I) applicable civil rights requirements; and ‘‘(2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements

348 S. 1177—348 of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary. ‘‘(d) T XISTING E D - FLEX P ARTNERSHIP S E .— REATMENT OF TATES N GENERAL .—Any designation of a State as an Ed- ‘‘(1) I Flex Partnership State that was in effect on the date of enact- ment of the Every Student Succeeds Act shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2). ‘‘(2) D ETERMINATION .—The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation. ‘‘(e) P UBLICATION .—A notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B), shall be pub- lished in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public.’’. SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND PERCENTAGE OF STUDENTS WHO DROP OUT OF SCHOOL. Not later than 5 years after the date of enactment of this Act, the Director of the Institute of Education Sciences shall evaluate the impact of section 1111(g)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) on reducing the number and percentage of students who drop out of school. SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE. (a) R EPORT .—Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on— (1) best practices for determining valid, reliable, and statis- tically significant minimum numbers of students for each of the subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)), as amended by this Act, for the purposes of inclusion as subgroups of students in an accountability system described in section 1111(c) of such Act (20 U.S.C. 6311(c)), as amended by this Act; and (2) how such minimum number that is determined will not reveal personally identifiable information about students. (b) P UBLIC D ISSEMINATION .—The Director of the Institute of Education Sciences shall work with the Department of Education’s technical assistance providers and dissemination networks to ensure that such report is widely disseminated— (1) to the public, State educational agencies, local edu- cational agencies, and schools; and (2) through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place. (c) P ROHIBITION A GAINST R ECOMMENDATION .—In carrying out this section, the Director of the Institute of Education Sciences shall not recommend any specific minimum number of students for each of the subgroups of students, as defined in section 1111(c)(2)

349 S. 1177—349 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)), as amended by this Act. SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING RESOURCES. G .—Not later than 18 months after the date (a) I ENERAL N of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the educational impact of access to digital learning resources outside of the classroom. (b) C .—The study described in subsection (a) shall ONTENTS include— (1) an analysis of student habits related to digital learning resources outside of the classroom, including the location and types of devices and technologies that students use for edu- cational purposes; (2) an identification of the barriers students face in accessing digital learning resources outside of the classroom; (3) a description of the challenges students who lack home Internet access face, including challenges related to— (A) student participation and engagement in the class- room; and (B) homework completion; (4) an analysis of how the barriers and challenges such students face impact the instructional practice of educators; and (5) a description of the ways in which State educational agencies, local educational agencies, schools, and other entities, including partnerships of such entities, have developed effective means to address the barriers and challenges students face in accessing digital learning resources outside of the classroom. (c) P D .—The Director of the Institute of UBLIC ISSEMINATION Education Sciences shall widely disseminate the findings of the study described in subsection (a)— (1) in a timely fashion to the public and the Committee on Education and the Workforce of the House of Representa- tives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) through electronic transfer and other means, such as posting, as available, to the website of the Institute of Education Sciences or the Department of Education. SEC. 9211. STUDY ON THE TITLE I FORMULA. (a) F INDINGS .—Congress finds the following: (1) Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding to local educational agencies through four separate formulas that have been added to the law over time, and which have ‘‘distinct allocation patterns, providing varying shares of allo- cated funds to different types of local educational agencies or States,’’ according to a 2015 report from the Congressional Research Service. (2) Minimal effort has been made by the Federal Govern- ment to determine if the four formulas are adequately deliv- ering funds to local educational agencies with the highest districtwide poverty averages. (3) The formulas for distributing Targeted Grants and Edu- cation Finance Incentive grants use two weighting systems,

350 S. 1177—350 one based on the percentage of children included in the deter- mination of grants to local educational agencies (percentage weighting), and another based on the absolute number of such children (number weighting). Both weighting systems have five quintiles with a roughly equal number of children in each quintile. Whichever of these weighting systems results in the highest total weighted formula child count for a local edu- cational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incen- tive Grant funds. (4) The Congressional Research Service has also said the number weighting alternative is generally more favorable to large local educational agencies with much larger geographic boundaries and larger counts of eligible children than smaller local educational agencies with smaller counts, but potentially higher percentages, of eligible children, because large local educational agencies have many more children in the higher weighted quintiles. (5) In local educational agencies that are classified by the National Center for Education Statistics as ‘‘Large City’’, 47 percent of all students attend schools with 75 percent or higher poverty. (b) S TUDY .— (1) I .—Not later than 18 months after the date N GENERAL of enactment of this Act, the Director of the Institute of Edu- cation Sciences shall complete a study on the effectiveness of the four part A of title I formulas, described in subsection (a), to deliver funds to the most economically disadvantaged communities. (2) C .—The study described in paragraph (1) shall ONTENTS include— (A) an analysis of the distribution of part A of title I funds under the four formulas; (B) an analysis of how part A of title I funds are distributed among local educational agencies in each of the 12 locale types classified by the National Center on Education Statistics. (C) the extent to which the four formulas unduly ben- efit or unduly disadvantage any of the local educational agencies described in subparagraph (B); (D) the extent to which the four formulas unduly ben- efit or unduly disadvantage high-poverty eligible school attendance areas in the local educational agencies described in subparagraph (B); (E) the extent to which the four formulas unduly ben- efit or unduly disadvantage lower population local edu- cational agencies with relatively high percentages of districtwide poverty; (F) the impact of number weighting and percentage weighting in the formulas for distributing Targeted Grants and Education Finance Incentive Grants on each of the local educational agencies described in subparagraph (B); (G) the impact of number weighting and percentage weighting on targeting part A of title I funds to eligible school attendance areas with the highest concentrations of poverty in local educational agencies described in subparagraph (B), and local educational agencies described

351 S. 1177—351 in subparagraph (B) with higher percentages of districtwide poverty; (H) an analysis of other studies and reports produced by public and non-public entities examining the distribution of part A of title I funds under the four formulas; and (I) recommendations, as appropriate, for amending or consolidating the formulas to better target part A of title I funds to the most economically disadvantaged commu- nities and most economically disadvantaged eligible school attendance areas. .—The Director of the Institute (3) P UBLIC DISSEMINATION of Education Sciences shall widely disseminate the findings of the study conducted under this section— (A) in a timely fashion; (B) to— (i) the public; and (ii) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) through electronic transfer and other means, such as posting to the website of the Institute of Education Sciences or the Department of Education. SEC. 9212. PRESCHOOL DEVELOPMENT GRANTS. (a) P URPOSES .—The purposes of this section are— (1) to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among existing programs of early childhood care and education in a mixed delivery system across the State designed to prepare low-income and disadvantaged children to enter kindergarten and to improve transitions from such system into the local educational agency or elementary school that enrolls such chil- dren, by— (A) more efficiently using existing Federal, State, local, and non-governmental resources to align and strengthen the delivery of existing programs; (B) coordinating the delivery models and funding streams existing in the State’s mixed delivery system; and (C) developing recommendations to better use existing resources in order to improve— (i) the overall participation of children in a mixed delivery system of Federal, State, and local early child- hood education programs; (ii) program quality while maintaining availability of services; (iii) parental choice among existing programs; and (iv) school readiness for children from low-income and disadvantaged families, including during such chil- dren’s transition into elementary school; (2) to encourage partnerships among Head Start providers, State and local governments, Indian tribes and tribal organiza- tions, private entities (including faith- and community-based entities), and local educational agencies, to improve coordina- tion, program quality, and delivery of services; and (3) to maximize parental choice among a mixed delivery system of early childhood education program providers.

352 S. 1177—352 (b) D .—In this section: EFINITIONS DEFINITIONS .—The terms ‘‘elementary school’’, (1) ESEA ‘‘local educational agency’’, and ‘‘State’’ have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. ENTER OF EXCELLENCE IN EARLY CHILDHOOD .—The (2) C term ‘‘Center of Excellence in Early Childhood’’ means a Center of Excellence in Early Childhood designated under section 657B(b) of the Head Start Act (42 U.S.C. 9852b(b)). .—The term ARLY CHILDHOOD EDUCATION PROGRAM (3) E ‘‘early childhood education program’’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (4) E XISTING PROGRAM .—The term ‘‘existing program’’ means a Federal, State, local, or privately-funded early child- hood education program that— (A) was operating in the State on the day before the date of enactment of this Act; or (B) began operating in the State at any time on or after the date of enactment of this Act through funds that were not provided by a grant under this section. (5) M .—The term ‘‘mixed delivery IXED DELIVERY SYSTEM system’’ means a system— (A) of early childhood education services that are deliv- ered through a combination of programs, providers, and settings (such as Head Start, licensed family and center- based child care programs, public schools, and community- based organizations); and (B) that is supported with a combination of public funds and private funds. (6) S ECRETARY .—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (7) S .—The term ‘‘State Advisory TATE ADVISORY COUNCIL Council’’ means a State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)). (c) G RANTS A UTHORIZED .— N GENERAL (1) I .—From amounts made available under sub- section (k), the Secretary, jointly with the Secretary of Edu- cation, shall award grants to States to enable the States to carry out the activities described in subsection (f). (2) A WARD BASIS .—Grants under this subsection shall be awarded— (A) on a competitive basis; and (B) with priority for States that meet the requirements of subsection (e)(3). (3) D URATION OF GRANTS .—A grant awarded under para- graph (1) shall be for a period of not more than 1 year and may be renewed by the Secretary, jointly with the Secretary of Education, under subsection (g). (4) M ATCHING REQUIREMENT .—Each State that receives a grant under this section shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of such grant. (d) I NITIAL A PPLICATION .—A State desiring a grant under sub- section (c)(1) shall submit an application at such time and in such

353 S. 1177—353 manner as the Secretary may reasonably require. The application shall contain— (1) an identification of the State entity that the Governor of the State has appointed to be responsible for duties under this section; (2) a description of how such State entity proposes to accomplish the activities described in subsection (f) and meet the purposes of this section described in subsection (a), including— (A) a timeline for strategic planning activities; and (B) a description of how the strategic planning activi- ties and the proposed activities described in subsection (f) will increase participation of children from low-income and disadvantaged families in high-quality early childhood education and preschool programs as a result of the grant; (3) a description of the Federal, State, and local existing programs in the State for which such State entity proposes to facilitate activities described in subsection (f), including— (A) programs carried out under the Head Start Act (42 U.S.C. 9801 et seq.), including the Early Head Start programs carried out under such Act; (B) child care programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) or section 418 of the Social Security Act (42 U.S.C. 618); and (C) other Federal, State, and local programs of early learning and development, early childhood education, and child care, operating in the State (including programs oper- ated by Indian tribes and tribal organizations and private entities, including faith- and community-based entities), as of the date of the application for the grant; (4) a description of how the State entity, in collaboration with Centers of Excellence in Early Childhood, if appropriate, will provide technical assistance and disseminate best practices; (5) a description of how the State plans to sustain the activities described in, and carried out in accordance with, subsection (f) with non-Federal sources after grant funds under this section are no longer available, if the State plans to con- tinue such activities after such time; and (6) a description of how the State entity will work with the State Advisory Council and Head Start collaboration offices. (e) R EVIEW P ROCESS .—The Secretary shall review the applica- tions submitted under subsection (d) to— (1) determine which applications satisfy the requirements of such subsection; (2) confirm that each State submitting an application has, as of the date of the application, a mixed delivery system in place; and (3) determine if a priority is merited in accordance with subsection (c)(2)(B) because the State has never received— (A) a grant under subsection (c); or (B) a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act.

354 S. 1177—354 (f) U F UNDS .—A State, acting through the State entity SE OF appointed under subsection (d)(1), that receives a grant under sub- section (c)(1) shall use the grant funds for all of the following activities: (1) Conducting a periodic statewide needs assessment of— (A) the availability and quality of existing programs in the State, including such programs serving the most vulnerable or underserved populations and children in rural areas; (B) to the extent practicable, the unduplicated number of children being served in existing programs; and (C) to the extent practicable, the unduplicated number of children awaiting service in such programs. (2) Developing a strategic plan that recommends collabora- tion, coordination, and quality improvement activities (including activities to improve children’s transition from early childhood education programs into elementary schools) among existing programs in the State and local educational agencies. Such plan shall include information that— (A) identifies opportunities for, and barriers to, collaboration and coordination among existing programs in the State, including among State, local, and tribal (if applicable) agencies responsible for administering such pro- grams; (B) recommends partnership opportunities among Head Start providers, local educational agencies, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based enti- ties) that would improve coordination, program quality, and delivery of services; (C) builds on existing plans and goals with respect to early childhood education programs, including improving coordination and collaboration among such programs, of the State Advisory Council while incorporating new or updated Federal, State, and local statutory requirements, including— (i) the requirements of the Child Care and Develop- ment Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and (ii) when appropriate, information found in the report required under section 13 of the Child Care and Development Block Grant Act of 2014 (Public Law 113–186; 128 Stat. 2002); and (D) describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve children and families in existing programs and how such activities will increase the overall participation of children in the State. (3) Maximizing parental choice and knowledge about the State’s mixed delivery system of existing programs and pro- viders by— (A) ensuring that parents are provided information about the variety of early childhood education programs for children from birth to kindergarten entry in the State’s mixed delivery system; and (B) promoting and increasing involvement by parents and family members, including families of low-income and

355 S. 1177—355 disadvantaged children, in the development of their chil- dren and the transition of such children from an early childhood education program into an elementary school. (4) Sharing best practices among early childhood education program providers in the State to increase collaboration and efficiency of services, including to improve transitions from such programs to elementary school. (5) After activities described in paragraphs (1) and (2) have been completed, improving the overall quality of early childhood education programs in the State, including by devel- oping and implementing evidence-based practices that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965, to improve professional development for early childhood education providers and edu- cational opportunities for children. ENEWAL G .— RANTS (g) R (1) I N GENERAL .—The Secretary, jointly with the Secretary of Education, may use funds available under subsection (k) to award renewal grants to States described in paragraph (2) to enable such States to continue activities described in sub- section (f) and to carry out additional activities described in paragraph (6). LIGIBLE STATES .—A State shall be eligible for a grant (2) E under paragraph (1) if— (A) the State has received a grant under subsection (c)(1) and the grant period has concluded; or (B)(i) the State has received a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act, and the grant period for such grant has con- cluded; and (ii) the Secretary allows such State to apply directly for a renewal grant under this subsection, rather than an initial grant under subsection (c)(1), and the State sub- mits with its application the needs assessment completed under the preschool development grant (updated as nec- essary to reflect the needs of the State as of the time of the application) in place of the activity described in subsection (f)(1). URATION OF GRANTS .—A grant awarded under this (3) D subsection shall be for a period of not more than 3 years and shall not be renewed. (4) M ATCHING REQUIREMENT .—Each State that receives a grant under this subsection shall provide funds from non-Fed- eral sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of the grant. .—A State described in paragraph (2) that PPLICATION (5) A desires a grant under this subsection shall submit an applica- tion for renewal at such time and in such manner as the Secretary may reasonably require. The application shall con- tain— (A) applicable information required in the application described in subsection (d), and in the case of a State described in paragraph (2)(A), updated as the State deter- mines necessary;

356 S. 1177—356 (B) in the case of a State described in paragraph (2)(A), a description of how funds were used for the activities described in subsection (f) in the initial grant period and the extent to which such activities will continue to be supported in the renewal period; (C) in the case of a State described in paragraph (2)(B), how a needs assessment completed prior to the date of the application, such as the needs assessment completed under the preschool development grant program (as such program existed prior to the date of enactment of this Act), and updated as necessary in accordance with para- graph (2)(B)(ii), will be sufficient information to inform the use of funds under this subsection, and a copy of such needs assessment; (D) a description of how funds will be used for the activities described in paragraph (6) during the renewal grant period, if the State proposes to use grant funds for such activities; and (E) in the case of a State that proposes to carry out activities described in paragraph (6) and to continue such activities after grant funds under this subsection are no longer available, a description of how such activities will be sustained with non-Federal sources after such time. (6) A .— DDITIONAL ACTIVITIES N GENERAL .—Each State that receives a grant (A) I under this subsection may use grant funds to award sub- grants to programs in a mixed delivery system across the State designed to benefit low-income and disadvantaged children prior to entering kindergarten, to— (i)(I) enable programs to implement activities addressing areas in need of improvement as deter- mined by the State, through the use of funds for the activities described in paragraph (5)(C) or subsection (f), as applicable; and (II) as determined through the activities described in paragraph (5)(C) or subsection (f), as applicable, expand access to such existing programs; or (ii) develop new programs to address the needs of children and families eligible for, but not served by, such programs, if the State ensures that— (I) the distribution of subgrants under this subparagraph supports a mixed delivery system; and (II) funds made available under this subpara- graph will be used to supplement, and not sup- plant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section. RIORITY .—In awarding subgrants under subpara- (B) P graph (A), a State shall prioritize activities to improve areas in which there are State-identified needs that would improve services for low-income and disadvantaged chil- dren living in rural areas. (C) S PECIAL RULE .—A State receiving a renewal grant under this subsection that elects to award subgrants under subparagraph (A) shall not—

357 S. 1177—357 (i) for the first year of the renewal grant, use more than 60 percent of the grant funds available for such year to award such subgrants; and (ii) for each of the second and third years of the renewal grant, use more than 75 percent of the grant funds available for such year to award such subgrants. (h) S EPORTING .— R TATE .—A State that receives an initial grant (1) I NITIAL GRANTS under subsection (c)(1) shall submit a final report to the Sec- retary not later than 6 months after the end of the grant period. The report shall include a description of— (A) how, and to what extent, the grant funds were utilized for activities described in subsection (f), and any other activities through which funds were used to meet the purposes of this section, as described in subsection (a); (B) strategies undertaken at the State level and, if applicable, local or program level, to implement rec- ommendations in the strategic plan developed under sub- section (f)(2); (C)(i) any new partnerships among Head Start pro- viders, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities); and (ii) how these partnerships improve coordination and delivery of services; (D) if applicable, the degree to which the State used information from the report required under section 13 of the Child Care and Development Block Grant Act of 2014 to inform activities under this section, and how this information was useful in coordinating, and collaborating among, programs and funding sources; (E) the extent to which activities funded by the initial grant led to the blending or braiding of other public and private funding; (F) how information about available existing programs for children from birth to kindergarten entry was dissemi- nated to parents and families, and how involvement by parents and family was improved; and (G) other State-determined and voluntarily provided information to share best practices regarding early child- hood education programs and the coordination of such pro- grams. (2) R ENEWAL GRANTS .—A State receiving a renewal grant under subsection (g) shall submit a follow-up report to the Secretary not later than 6 months after the end of the grant period that includes— (A) information described in subparagraphs (A) through (G) of paragraph (1), as applicable and updated for the period covered by the renewal grant; and (B) if applicable, information on how the State was better able to serve children through the distribution of funds in accordance with subsection (g)(5), through— (i) a description of the activities conducted through the use of subgrant funds, including, where appro- priate, measurable areas of program improvement and better use of existing resources; and

358 S. 1177—358 (ii) best practices from the use of subgrant funds, including how to better serve the most vulnerable, underserved, and rural populations. C ONSTRUCTION .— (i) R ULES OF .—Nothing in IMITATIONS ON FEDERAL INTERFERENCE (1) L this section shall be construed to authorize the Secretary or the Secretary of Education to establish any criterion for grants made under this section that specifies, defines, or prescribes— (A) early learning and development guidelines, stand- ards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments; (B) specific measures or indicators of quality early learning and care, including— (i) the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and (ii) the term ‘‘high-quality’’ as it relates to early learning, development, or care; (C) early learning or preschool curriculum, programs of instruction, or instructional content; (D) teacher and staff qualifications and salaries; (E) class sizes and ratios of children to instructional staff; (F) any new requirement that an early childhood edu- cation program is required to meet that is not explicitly authorized in this section; (G) the scope of programs, including length of program day and length of program year; and (H) any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State, local educational agency, or early childhood edu- cation program. (2) L IMITATION GOVERNMENTAL REQUIREMENTS .— ON Nothing in this section shall be construed to authorize the Secretary, Secretary of Education, the State, or any other governmental agency to alter requirements for existing pro- grams for which coordination and alignment activities are rec- ommended under this section, or to force programs to adhere to any recommendations developed through this program. The Secretary, Secretary of Education, State, or other governmental agency may only take an action described in the preceding sentence as otherwise authorized under Federal, State, or local law. (3) S ECRETARY OF EDUCATION .—Nothing in this section shall be construed to authorize the Secretary of Education to have sole decision-making or regulatory authority in carrying out the program authorized under this section. (j) P LANNING AND T RANSITION .— (1) I N GENERAL .—The recipient of an award for a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act may continue to receive funds in accordance with the terms of such existing award. (2) T RANSITION .—The Secretary, jointly with the Secretary of Education, shall take such steps as are necessary to ensure an orderly transition to, and implementation of, the program

359 S. 1177—359 under this section from the preschool development grants for development or expansion program as such program was oper- ating prior to the date of enactment of this Act, in accordance with subsection (k). A PPROPRIATIONS .—There are authorized UTHORIZATION OF (k) A to be appropriated to the Secretary of Health and Human Services to carry out this section $250,000,000 for each of fiscal years 2017 through 2020. SEC. 9213. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION PRO- GRAMS. N G (a) I .—The Secretary of Health and Human Services, ENERAL in consultation with the heads of all Federal agencies that admin- ister Federal early childhood education programs, shall conduct an interdepartmental review of all early childhood education pro- grams for children less than 6 years of age in order to— (1) develop a plan for the elimination of overlapping pro- grams, as identified by the Government Accountability Office’s 2012 annual report (GAO–12–342SP); (2) determine if the activities conducted by States using grant funds from preschool development grants under section 9212 have led to better utilization of resources; and (3) make recommendations to Congress for streamlining all such programs. (b) R EPORT AND U PDATES .—The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall— (1) not later than 2 years after the date of enactment of this Act, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Com- mittee on Education and the Workforce of the House of Rep- resentatives a detailed report that— (A) outlines the efficiencies that can be achieved by, and specific recommendations for, eliminating overlap and fragmentation among all Federal early childhood education programs; (B) explains how the use by States of preschool develop- ment grant funds under section 9212 has led to the better utilization of resources; and (C) builds upon the review of Federal early learning and care programs required under section 13 of the Child Care and Development Block Grant Act of 2014 (Public Law 113–186; 128 Stat. 2002); and (2) annually prepare and submit to such Committees a detailed update of the report described in paragraph (1). SEC. 9214. USE OF THE TERM ‘‘HIGHLY QUALIFIED’’ IN OTHER LAWS. (a) R EFERENCES .—Beginning on the date of enactment of this Act— (1) any reference in sections 420N, 428J, 428K, and 460 of the Higher Education Act of 1965 (20 U.S.C. 1070g–2, 1078– 10, 1078–11, and 1087j) to the term ‘‘highly qualified’’ as defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall be treated as a reference to such term under such section 9101 as in effect on the day before the date of enactment of this Act; and

360 S. 1177—360 (2) any reference in section 6112 of the America COM- PETES Act (20 U.S.C. 9812), section 553 of the America COM- PETES Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n), to ‘‘highly qualified’’, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, with respect to a teacher, means that the teacher meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification. DUCATION S CIENCES R EFORM 2002.—Section CT OF A