S. 1177 — what changed

The Act (20 U.S.C. 6301 et seq.) is amended—

“(c) Technical assistance and support

“(1) In general—Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agency’s responsibilities under section 1114(a), including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies.

“(2) Uses—Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency—

“(A) shall use not less than 95 percent of such amount by allocating such sums directly to local educational agencies for activities required under section 1114; or

“(B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as school support teams, educational service agencies, or other nonprofit or for-profit organizations that use evidence-based strategies to improve student achievement, teaching, and schools.

“(3) Priority—The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that—

changed “(A) serve the lowest performing lowest-performing elementary schools and secondary schools, as identified by the State under section 1114;

“(B) demonstrate the greatest need for such funds, as determined by the State; and

changed “(C) demonstrate the strongest commitment to using evidence-based interventions to enable the lowest–performing lowest-performing schools to improve student achievement and student outcomes.

“(4) Unused funds—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out this subsection for a fiscal year is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with—

“(A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or

“(B) section 1126(c).

changed “(5) Special rule—Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in for any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year.

“(6) Reporting—Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line.”

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended—

“1111. State plans

“(a) Plans required

changed “(1) In general—For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency with timely and meaningful consultation with the Governor, representatives of the State legislature and State board of education (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, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators, other staff, and parents, that—

changed “(A) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act; and

“(B) describes how the State will implement evidence-based strategies for improving student achievement under this title and disseminate that information to local educational agencies.

“(2) Consolidated plan—A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302.

“(3) Peer review and secretarial approval

“(A) In general—The Secretary shall—

“(i) establish a peer-review process to assist in the review of State plans;

changed “(ii) establish multidisciplinary peer review peer-review teams and appoint members of such teams that—

“(I) are representative of teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and individuals and researchers with practical experience in implementing academic standards, assessments, or accountability systems, and meeting the needs of disadvantaged students, children with disabilities, students who are English learners, the needs of low-performing schools, and other educational needs of students;

“(II) include a balanced representation of individuals who have practical experience in the classroom, school administration, or State or local government, such as direct employees of a school, local educational agency, or State educational agency within the preceding 5 years; and

“(III) represent a regionally diverse cross-section of States;

“(iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who will review State plans under this section;

changed “(iv) ensure that the peer review peer-review teams are comprised of varied individuals so that the same peer reviewers are not reviewing all of the State plans; and

“(v) deem a State plan as approved within 90 days of its submission unless the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of this section.

“(B) Purpose of peer review—The peer-review process shall be designed to—

“(i) maximize collaboration with each State;

“(ii) promote effective implementation of the challenging State academic standards through State and local innovation; and

“(iii) provide publicly available, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans.

“(C) Standard and nature of review—Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan.

changed “(D) Rule of construction—Nothing in this paragraph shall be construed as prohibiting the Secretary from appointing an individual to serve as a peer reviewer on more than one peer review peer-review team under subparagraph (A) or to review more than one State plan.

“(4) State plan determination, demonstration, and revision—If the Secretary determines that a State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve the State plan—

“(A) immediately notify the State of such determination;

“(B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements;

changed “(C) provide all peer review peer-review comments, suggestions, recommendations, or concerns in writing to the State;

changed “(D) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of this section;part;

“(E) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and

“(F) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing, unless the State declines the opportunity for such public hearing.

“(5) State plan disapproval—The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and—

“(A) the State does not revise and resubmit its plan; or

“(B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(F), if applicable.

“(6) Limitations

“(A) In general—The Secretary shall not have the authority to require a State, as a condition of approval of the State plan or revisions or amendments to the State plan, to—

“(i) include in, or delete from, such plan 1 or more specific elements of the challenging State academic standards;

“(ii) use specific academic assessment instruments or items;

changed “(iii) set specific State-designed annual goals or specific timelines for such goals for all students or each of the categories of students, as defined in subsection (b)(3)(A);

“(iv) assign any specific weight or specific significance to any measures or indicators of student academic achievement or growth within State-designed accountability systems;

“(v) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes—

“(I) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards;

“(II) the specific types of academic assessments or assessment items that States and local educational agencies use to meet the requirements of this part;

“(III) any requirement that States shall measure student growth, the specific metrics used to measure student academic growth if a State chooses to measure student growth, or the specific indicators or methods to measure student readiness to enter postsecondary education or the workforce;

“(IV) any specific benchmarks, targets, goals, or metrics to measure nonacademic measures or indicators;

“(V) the specific weight or specific significance of any measure or indicator of student academic achievement within State-designed accountability systems;

changed “(VI) the specific annual goals States establish for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of subsection (b)(3)(B)(i);

“(VII) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or

“(VIII) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or

“(vi) require data collection beyond data derived from existing Federal, State, and local reporting requirements and data sources.

“(B) Rule of construction—Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under Federal law.

“(7) Public review—All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the website of the Department, including—

“(A) plans submitted or resubmitted by a State;

“(B) peer-review comments;

“(C) State plan determinations by the Secretary, including approvals or disapprovals; and

“(D) notices and transcripts of public hearings under this section.

“(8) Duration of the plan

“(A) In general—Each State plan shall—

“(i) remain in effect for the duration of the State’s participation under this part or 7 years, whichever is shorter; and

“(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part.

“(B) Additional information

“(i) In general—If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards, new academic assessments, or changes to its accountability system under subsection (b)(3), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan.

“(ii) Review of revised plans—The Secretary shall review the information submitted under clause (i) and approve or disapprove changes to the State plan within 90 days in accordance with paragraphs (4) through (6) without undertaking the peer-review process under paragraph (3).

“(iii) Special rule for standards—If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply.

“(C) Renewal—A State educational agency shall submit a revised plan every 7 years subject to the peer-review process under paragraph (3).

“(D) Limitation—The Secretary shall not have the authority to place any new conditions, requirements, or criteria for approval of a plan submitted for renewal under subparagraph (C) that are not otherwise authorized under this part.

“(9) Failure to meet requirements—If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.

added “(10) Public 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 a computer friendly and easily accessible format, prior to submission to the Secretary for approval under this subsection. The State shall provide an assurance that public comments were taken into account in the development of the State plan.

“(b) Challenging State academic standards, academic assessments, and accountability systems

“(1) Challenging state academic standards

“(A) In general—Each State shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as “challenging State academic standards”), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary.

“(B) Same standards—Except as provided in subparagraph (E), the standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school students in the State.

“(C) Subjects—The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all public school students in the State.

“(D) Alignment—Each State shall demonstrate that the challenging State academic standards are aligned with—

“(i) entrance requirements, without the need for academic remediation, for the system of public higher education in the State;

“(ii) relevant State career and technical education standards; and

“(iii) relevant State early learning guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)).

“(E) Alternate academic achievement standards for students with the most significant cognitive disabilities

“(i) In general—The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards—

“(I) are aligned with the challenging State academic content standards under subparagraph (A);

“(II) promote access to the general curriculum, consistent with the purposes of the Individuals with Disabilities Education Act, as stated in section 601(d) of such Act;

“(III) reflect professional judgment of the highest achievement standards attainable by those students;

“(IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act for each such student as the academic achievement standards that will be used for the student; and

“(V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track for further education or employment.

“(ii) Prohibition on any other alternate or modified academic achievement standards—A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i).

“(F) English language proficiency standards—Each State plan shall demonstrate that the State has adopted English language proficiency standards that are aligned with the challenging State academic standards under subparagraph (A). Such standards shall—

“(i) ensure proficiency in each of the domains of speaking, listening, reading, and writing;

“(ii) address the different proficiency levels of children who are English learners; and

“(iii) be aligned with the challenging State academic standards in reading or language arts, so that achieving proficiency in the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards.

“(G) Prohibitions

“(i) Standards review or approval—A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval.

“(ii) Federal control—The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State.

“(H) Existing standards—Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Achieves Act of 2015.

“(2) Academic assessments

“(A) In general—Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality statewide academic assessments that—

“(i) includes, at a minimum, academic statewide assessments in mathematics, reading or language arts, and science; and

“(ii) meets the requirements of subparagraph (B).

“(B) Requirements—The assessments under subparagraph (A) shall—

“(i) except as provided in subparagraph (D), be—

“(I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and

“(II) administered to all public elementary school and secondary school students in the State;

“(ii) be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level;

added “(iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information;

removed “(iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, and objectively measure academic achievement, knowledge, and skills;

“(iv) be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which is made public, including on the website of the State educational agency;

“(v)

“(I) measure the annual academic achievement of all students against the challenging State academic standards in, at a minimum, mathematics and reading or language arts, and be administered—

“(aa) in each of grades 3 through 8; and

“(bb) at least once in grades 9 through 12; and

“(II) measure the academic achievement of all students against the challenging State academic standards in science, and be administered not less than one time, during—

“(aa) grades 3 through 5;

“(bb) grades 6 through 9; and

“(cc) grades 10 through 12;

“(vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks;

“(vii) provide for—

“(I) the participation in such assessments of all students;

added “(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, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards; and

removed “(II) the appropriate accommodations for children with disabilities and students with a disability who are provided accommodations under another Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards;

“(III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(F);

“(viii) at the State’s choosing—

“(I) be administered through a single summative assessment; or

“(II) be administered through multiple statewide assessments during the course of the year if the State can demonstrate that the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student achievement or growth;

“(ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts;

“(x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with challenging State academic achievement standards, and that are provided to parents, teachers, principals, and other school leaders as soon as is practicable after the assessment is given, in an understandable and uniform format, and, to the extent practicable, in a language that the parents can understand;

“(xi) enable results to be disaggregated within each State, local educational agency, and school, by—

“(I) each major racial and ethnic group;

“(II) economically disadvantaged students as compared to students who are not economically disadvantaged;

“(III) children with disabilities as compared to children without disabilities;

“(IV) English proficiency status;

“(V) gender; and

“(VI) migrant status;

“(xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and

“(xiii) be developed, to the extent practicable, using the principles of universal design for learning.

“(C) Exception to disaggregation—Notwithstanding subparagraph (B)(xi), the disaggregated results of assessments shall not be required in the case of a local educational agency or school if—

“(i) the number of students in a category described under subparagraph (B)(xi) is insufficient to yield statistically reliable information; or

“(ii) the results would reveal personally identifiable information about an individual student.

“(D) Alternate assessments for students with the most significant cognitive disabilities

“(i) Alternate assessments aligned with alternate academic achievement standards—A State may provide for alternate assessments aligned with the challenging State academic content standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State—

“(I) ensures that for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject;

“(II) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, individually for each subject, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards;

“(III) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, parents are involved in the decision to use the alternate assessment for their child;

“(IV) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, students with the most significant cognitive disabilities are involved in and make progress in the general education curriculum;

“(V) describes in the State plan the appropriate accommodations provided to ensure access to the alternate assessment;

“(VI) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments;

“(VII) ensures that general and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, to children with disabilities;

“(VIII) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities participating in academic instruction and assessments and increase the number of students with significant cognitive disabilities who are tested against challenging State academic achievement standards; and

“(IX) ensures that students who take alternate assessments based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular high school diploma.

“(ii) Students with the most significant cognitive disabilities—In determining the achievement of students in the State accountability system, a State educational agency shall include, for all schools in the State, the performance of the State’s students with the most significant cognitive disabilities on alternate assessments as described in this subparagraph in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of clause (i)(I).

“(E) State authority—If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by—

“(i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or

“(ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which—

“(I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and

“(II) are applicable to all students served by each such local educational agency.

“(F) Language assessments—Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as necessary.

“(G) Assessments of english language proficiency—Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency, which is valid, reliable, and consistent with relevant nationally recognized professional and technical testing standards measuring students’ speaking, listening, reading, and writing skills in English, of all children who are English learners in the schools served by the State educational agency.

added “(H) Deferral—A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000.

removed “(H) Deferral—A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $378,000,000.

“(I) Rule of construction regarding use of assessments for student promotion or graduation—Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes.

“(J) Rule of construction regarding assessments

“(i) In general—Except as provided in clause (ii), nothing in this paragraph shall be construed to prohibit a State from developing and administering computer adaptive assessments as the assessments described in this paragraph, as long as the computer adaptive assessments—

“(I) meet the requirements of this paragraph; and

“(II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing above or below the student’s grade level.

“(ii) Applicability to alternate assessments for students with the most significant cognitive disabilities—In developing and administering computer adaptive assessments as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments—

“(I) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and

“(II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing at the student’s grade level.

“(K) Rule of construction on parent and guardian rights—Nothing in this part shall be construed as preempting a State or local law regarding the decision of a parent or guardian to not have the parent or guardian's child participate in the statewide academic assessments under this paragraph.

added “(L) Limitation on assessment time

added “(i) In General—As a condition of receiving an allocation under this part for any fiscal year, each State shall—

added “(I) set a limit on the aggregate amount of time devoted to the administration of assessments (including assessments adopted pursuant to this subsection, other assessments required by the State, and assessments required districtwide by the local educational agency) for each grade, expressed as a percentage of annual instructional hours; and

added “(II) ensure that each local educational agency in the State will notify the parents of each student attending any school in the local educational agency, on an annual basis, whenever the limitation described in subclause (I) is exceeded.

added “(ii) Children with disabilities and English learners—Nothing in clause (i) shall be construed to supersede the requirements of Federal law relating to assessments that apply specifically to children with disabilities or English learners.

“(3) State accountability system

“(A) Category of students—In this paragraph, the term category of students means—

“(i) economically disadvantaged students;

“(ii) students from major racial and ethnic groups;

“(iii) children with disabilities; and

“(iv) English learner students.

added “(B) Description of system—Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State in mathematics and reading or language arts under paragraph (1)(C) to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following:

added “(i) Establishes measurable State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following:

added “(I) Academic achievement, which may include student growth, on the State assessments under paragraph (2)(B)(v)(I).

removed “(B) Description of system—Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following:

removed “(i) Annually establishes State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following:

removed “(I) Academic achievement, which may include student growth, on the State assessments under paragraph (2).

“(II) High school graduation rates, including—

“(aa) the 4-year adjusted cohort graduation rate; and

“(bb) at the State’s discretion, the extended-year adjusted cohort graduation rate.

“(ii) Annually measures and reports on the following indicators:

added “(I) The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause (i) and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2)(B)(v)(I), which may include measures of student academic growth to such standards.

added “(II) The academic success of all public school students in all public schools and local educational agencies in the State, that is, with respect to—

removed “(I) The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause (i) and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2), which may include measures of student academic growth to such standards.

removed “(II) The academic success of all public school students in all public schools and local educational agencies in the State, that is with respect to—

“(aa) elementary schools and secondary schools that are not high schools, an academic indicator, as determined by the State, that is the same statewide for all public elementary school students and all students at such secondary schools, and each category of students; and

“(bb) high schools, the high school graduation rates of all public high school students in all public high schools in the State toward meeting the goals described in clause (i), for all students and for each of the categories of students, including the 4-year adjusted cohort graduation rate and at the State’s discretion, the extended-year adjusted cohort graduation rate.

“(III) English language proficiency of all English learners in all public schools and local educational agencies, which may include measures of student growth.

added “(IV) Not less than one other valid and reliable indicator of school quality, student success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of—

added “(aa) student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation, which may include—

added “(AA) measures that integrate preparation for postsecondary education and the workforce, including performance in coursework sequences that integrate rigorous academics, work-based learning, and career and technical education;

added “(BB) measures of a high-quality and accelerated academic program as determined appropriate by the State, which may include the percentage of students who participate in a State-approved career and technical program of study as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 and measures of technical skill attainment and placement described in section 113(b) of such Act and reported by the State in a manner consistent with section 113(c) of such Act, or other substantially similar measures;

added “(CC) student performance on assessments aligned with the expectations for first-year postsecondary education success;

added “(DD) student performance on admissions tests for postsecondary education;

added “(EE) student performance on assessments of career readiness and acquisition of 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);

added “(FF) student enrollment rates in postsecondary education;

added “(GG) measures of student remediation in postsecondary education; and

added “(HH) measures of student credit accumulation in postsecondary education;

added “(bb) student engagement, such as attendance rates and chronic absenteeism (including both excused and unexcused absences);

removed “(IV) Not less than one other valid and reliable indicator of school quality, success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of—

removed “(aa) student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation;

removed “(bb) student engagement, such as attendance rates and chronic absenteeism;

“(cc) educator engagement, such as educator satisfaction (including working conditions within the school), teacher quality and effectiveness, and teacher absenteeism;

“(dd) results from student, parent, and educator surveys;

added “(ee) school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-related arrests, disciplinary transfers (including placements in alternative schools), and student detentions;

added “(ff) student access to or success in advanced coursework or educational programs or opportunities, which may include participation and performance in Advanced Placement, International Baccalaureate, dual enrollment, and early college high school programs; and

removed “(ee) school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions;

removed “(ff) student access to or success in advanced coursework or educational programs or opportunities; and

“(gg) any other State-determined measure of school quality or student success.

“(iii) Establishes a system of annually identifying and meaningfully differentiating among all public schools in the State, which shall—

added “(I) be based on all indicators in the State’s accountability system under clause (ii) for all students and for each of the categories of students; and

removed “(I) be based on all indicators in the State’s accountability system for all students and for each of the categories of students; and

“(II) use the indicators described in subclauses (I) and (II) of clause (ii) as substantial factors in the annual identification of schools, and the weight of such factors shall be determined by the State.

“(iv) For public schools receiving assistance under this part, meets the requirements of section 1114.

“(v) Provides a clear and understandable explanation of the method of identifying and meaningfully differentiating schools under clause (iii).

“(vi) Measures the annual progress of not less than 95 percent of all students, and students in each of the categories of students, who are enrolled in the school and are required to take the assessments under paragraph (2) and provides a clear and understandable explanation of how the State will factor this requirement into the State-designed accountability system determinations.

“(4) Exception for english learners—A State may choose to—

“(A) exclude a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months from one administration of the reading or language arts assessment required under paragraph (2);

added “(B) exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2)(B)(v)(I), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and

added “(C) include the results on the assessments under paragraph (2)(B)(v)(I), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 4 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system.

removed “(B) exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and

removed “(C) include the results on the assessments under paragraph (2), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 2 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system.

“(5) Accountability for charter schools—The accountability provisions under this title shall be overseen for charter schools in accordance with State charter school law.

“(6) Prohibition on Federal interference with State and local decisions—Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes—

“(A) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards;

“(B) the specific types of academic assessments or assessment items that States or local educational agencies use to meet the requirements of paragraph (2)(B) or otherwise use to measure student academic achievement or student growth;

“(C) the specific goals that States establish within State-designed accountability systems for all students and for each of the categories of students, as defined in paragraph (3)(A), for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of paragraph (3)(B)(i);

“(D) any requirement that States shall measure student growth or the specific metrics used to measure student academic growth if a State chooses to measure student growth;

“(E) the specific indicator under paragraph (3)(B)(ii)(II)(aa), or any indicator under paragraph (3)(B)(ii)(IV), that a State must use within the State-designed accountability system;

“(F) setting specific benchmarks, targets, or goals, for any other measures or indicators established by a State under subclauses (III) and (IV) of paragraph (3)(B)(ii), including progress or growth on such measures or indicators;

“(G) the specific weight or specific significance of any measures or indicators used to measure, identify, or differentiate schools in the State-determined accountability system, as described in clauses (ii) and (iii) of paragraph (3)(B);

“(H) the terms meaningfully or substantially as used in this part;

“(I) the specific methods used by States and local educational agencies to identify and meaningfully differentiate among public schools;

“(J) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or

“(K) indicators or measures of teacher, principal, or other school leader effectiveness or quality.

“(c) Other plan provisions

“(1) Descriptions—Each State plan shall describe—

“(A) with respect to any accountability provisions under this part that require disaggregation of information by each of the categories of students, as defined in subsection (b)(3)(A)—

“(i) the minimum number of students that the State determines are necessary to be included in each such category of students to carry out such requirements and how that number is statistically sound;

“(ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when setting the minimum number; and

“(iii) how the State ensures that such minimum number does not reveal personally identifiable information about students;

“(B) the State educational agency’s system to monitor and evaluate the intervention and support strategies implemented by local educational agencies in schools identified as in need of intervention and support under section 1114, including the lowest-performing schools and schools identified for other reasons, including schools with categories of students, as defined in subsection (b)(3)(A), not meeting the goals described in subsection (b)(3)(B)(i), and the steps the State will take to further assist local educational agencies, if such strategies are not effective;

added “(C) in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs, such as through plans for engaging and supporting principals and other school leaders responsible for improving early childhood alignment with their elementary school, supporting teachers in understanding the transition between early learning to kindergarten, and increasing parent and community engagement;

removed “(C) in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs;

“(D) in the case of a State that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the State educational agency will assist local educational agencies in the development, implementation, and coordination of such activities and services with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services;

“(E) how the State educational agency will provide support to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act;

“(F) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and inexperienced teachers, principals, or other school leaders, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description;

added “(G) how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F); however, nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system;

removed “(G) how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F), however nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system;

“(H) how the State educational agency will protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of seclusion and restraint or disproportionality in rates of seclusion and restraint;

“(I) how the State educational agency will address school discipline issues, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of exclusionary discipline or disproportionality in rates of exclusionary discipline;

added “(J) how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism (including both excused and unexcused absences);

removed “(J) how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism;

“(K) how the State determines, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, the timelines and annual goals for progress necessary to move English learners from the lowest levels of English proficiency to the State-defined proficient level in a State-determined number of years, including an assurance that such goals will be based on students’ initial language proficiency when first identified as an English learner and may take into account the amount of time that an individual child has been enrolled in a language program and grade level;

added “(L) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that—

added “(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 educational setting and the proximity to the school in which the child is enrolled at the time of placement;

added “(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;

added “(iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and

added “(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 Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act;

added “(M) how the State will ensure the unique needs of students at all levels of schooling are met, particularly students in the middle grades and high school, including how the State will work with local educational agencies to—

added “(i) assist in the identification of middle grades and high school students who are at-risk of dropping out, such as through the continuous use of student data related to measures such as attendance, student suspensions, course performance, and, postsecondary credit accumulation that results in actionable steps to inform and differentiate instruction and support;

added “(ii) ensure effective student transitions from elementary school to middle grades and middle grades to high school, such as by aligning curriculum and supports or implementing personal academic plans to enable such students to stay on the path to graduation;

added “(iii) ensure effective student transitions from high school to postsecondary education, such as through the establishment of partnerships between local educational agencies and institutions of higher education and providing students with choices for pathways to postsecondary education, which may include the integration of rigorous academics, career and technical education, and work-based learning;

added “(iv) provide professional development to teachers, principals, other school leaders, and other school personnel in addressing the academic and developmental needs of such students; and

added “(v) implement any other evidence-based strategies or activities that the State determines appropriate for addressing the unique needs of such students;

added “(N) how the State educational agency will provide support to local educational agencies for the education of expectant and parenting students;

added “(O) how the State educational agency will demonstrate a coordinated plan to seamlessly transition students from secondary school into postsecondary education or careers without remediation, including a description of the specific transition activities that the State educational agency will carry out, such as providing students with access to early college high school or dual or concurrent enrollment opportunities;

added “(P) if applicable, whether the State conducts periodic assessments of the condition of elementary school and secondary school facilities in the State, which may include an assessment of the age of the facility and the state of repair of the facility;

added “(Q) if applicable, how the State educational agency will provide support to local educational agencies for the education of children facing substance abuse in the home, which may include how such agency will provide professional development, training, and technical assistance to local educational agencies, elementary schools, and secondary schools in communities with high rates of substance abuse; and

added “(R) any other information on how the State proposes to use funds under this part to meet the purposes of this part, and that the State determines appropriate to provide, which may include how the State educational agency will—

added “(i) assist local educational agencies in identifying and serving gifted and talented students;

added “(ii) assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation;

added “(iii) encourage the offering of a variety of well-rounded education experiences to students; and

added “(iv) use funds under this part to support efforts to expand and replicate successful practices from high-performing charter schools, magnet schools, and traditional public schools.

removed “(L) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to improve the educational stability of children or youth in foster care, including an assurance that—

removed “(i) any such child or youth is immediately enrolled in a school, even if the child or youth is unable to produce records normally required for enrollment; and

removed “(ii) the enrolling school shall immediately contact the school last attended by any such child or youth to obtain relevant academic and other records; and

removed “(M) any other information on how the State proposes to use funds under this part to meet the purposes of this part, and that the State determines appropriate to provide, which may include how the State educational agency will—

removed “(i) assist local educational agencies in identifying and serving gifted and talented students; and

removed “(ii) encourage the offering of a variety of well-rounded education experiences to students.

“(2) Assurances—Each State plan shall provide an assurance that—

“(A) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section;

“(B) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part;

“(C) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments;

“(D) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;

“(E) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1115;

“(F) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part;

“(G) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations, such as educational service agencies, or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools;

“(H) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process;

“(I) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements;

“(J) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate;

“(K) the State educational agency has involved the committee of practitioners established under section 1503(b) in developing the plan and monitoring its implementation;

added “(L) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Child Achieves Act of 2015;

added “(M) the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2); and

added “(N) the State educational agency will provide the information described in clauses (ii), (iii), and (iv) of subsection (d)(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, and students with or without disabilities, which—

added “(i) may be accomplished by including such information on the annual State report card described subsection (d)(1)(C)); and

added “(ii) shall be presented in a manner that—

added “(I) is first anonymized and does not reveal personally identifiable information about an individual student;

added “(II) does not include a number of students in any category of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and

added “(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”).

added “(3) Rules of construction—Nothing in paragraph (2)(N) shall be construed to—

added “(A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered categories of students under subsection (b)(3)(A) for the purposes of the State accountability system under subsection (b)(3); or

added “(B) to prohibit States from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N).

added “(4) Technical assistance—Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency in order to meet the requirements of paragraph (2)(N).

removed “(L) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Child Achieves Act of 2015; and

removed “(M) the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2).

“(d) Reports

“(1) Annual state report card

“(A) In general—A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph.

“(B) Implementation

“(i) In general—The State report card required under this paragraph shall be—

“(I) concise;

“(II) presented in an understandable and uniform format and, to the extent practicable, in a language that parents can understand; and

“(III) widely accessible to the public, which shall include making the State report card, along with all local educational agency and school report cards required under paragraph (2), and the annual report to the Secretary under paragraph (5), available on a single webpage of the State educational agency’s website.

“(ii) Ensuring privacy—No State report card required under this paragraph shall include any personally identifiable information about any student. Each such report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).

“(C) Minimum requirements—Each State report card required under this subsection shall include the following information:

“(i) A clear and concise description of the State’s accountability system under subsection (b)(3), including the goals for all students and for each of the categories of students, as defined in subsection (b)(3)(A), the indicators used in the accountability system to evaluate school performance described in subsection (b)(3)(B), and the weights of the indicators used in the accountability system to evaluate school performance.

“(ii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), homeless status, and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).

“(iii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed.

added “(iv) For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), and for purposes of subclause (II), homeless status and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student—

removed “(iv) For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student—

“(I) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; and

“(II) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates.

added “(v) Information on indicators or measures of school quality, climate and safety, and discipline, including the rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey.

removed “(v) Information on indicators or measures of school quality, climate and safety, and discipline, including the rates of in-school suspensions, out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, chronic absenteeism, and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey.

“(vi) The minimum number of students that the State determines are necessary to be included in each of the categories of students, as defined in subsection (b)(3)(A), for use in the accountability system under subsection (b)(3).

“(vii) The professional qualifications of teachers, principals, and other school leaders in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in each quartile based on school poverty level, and high–minority and low–minority schools in the State) on the number, percentage, and distribution of—

“(I) inexperienced teachers, principals, and other school leaders;

“(II) teachers teaching with emergency or provisional credentials;

“(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed;

“(IV) teachers, principals, and other school leaders who are ineffective, as determined by the State, using the methods or criteria under subsection (c)(1)(G); and

“(V) the annual retention rates of effective and ineffective teachers, principals, and other school leaders, as determined by the State, using the methods or criteria under subsection (c)(1)(G).

“(viii) Information on the performance of local educational agencies and schools in the State, including the number and names of each school identified for intervention and support under section 1114.

“(ix) For a State that implements a teacher, principal, and other school leader evaluation system consistent with title II, the evaluation results of teachers, principals, and other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders.

“(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.

“(xi) The number and percentages of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject.

“(xii) Information on the acquisition of English language proficiency by students who are English learners.

added “(xiii) Information on, including information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey on—

removed “(xiii) Information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey that includes—

“(I) the number and percentage of—

“(aa) students enrolled in gifted and talented programs;

added “(bb) students enrolled in rigorous coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment and early college high schools; and

removed “(bb) students enrolled in rigorous coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment and early college high schools; and

“(cc) children enrolled in preschool programs;

“(II) the average class size, by grade; and

“(III) any other indicators determined by the State.

“(xiv) The number and percentage of students attaining career and technical proficiencies, as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 and reported by States only in a manner consistent with section 113(c) of that Act.

“(xv) Results on the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 for the State, compared to the national average.

added “(xvi) Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the State goals established under subsection (b)(3)(B).

removed “(xvi) Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the annual State goals established under subsection (b)(3)(B).

“(xvii) Information regarding the number of military-connected students (which, for purposes of this clause, shall mean students with parents who serve in the uniformed services, including the National Guard and Reserves), and information regarding the academic achievement of such students, except that such information shall not be used for school or local educational agency accountability purposes under sections 1111(b)(3) and 1114.

added “(xviii) In the case of each coeducational school in the State that receives assistance under this part—

added “(I) a listing of the school’s interscholastic sports teams that participated in athletic competition;

added “(II) for each such team—

added “(aa) the total number of male and female participants, disaggregated by gender and race;

added “(bb) the season in which the team competed, whether the team participated in postseason competition, and the total number of competitive events scheduled;

added “(cc) the total expenditures from all sources, including expenditures for travel, uniforms, facilities, and publicity for competitions; and

added “(dd) the total number of coaches, trainers, and medical personnel, and for each such individual an identification of such individual's employment status, and duties other than providing coaching, training, or medical services; and

added “(III) the average annual salary of the head coaches of boys' interscholastic sports teams, across all offered sports, and the average annual salary of the head coaches of girls' interscholastic sports teams, across all offered sports.

added “(xix) for each high school in the State, and beginning with the report card released in 2017, the cohort rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) at which students who graduate from the high school enroll, for the first academic year that begins after the students' graduation—

added “(I) in programs of public postsecondary education in the State; and

added “(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State;

added “(xx) if available and to the extent practicable, for each high school in the State and beginning with the report card released in 2018, the remediation rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) for students who graduate from the high school at—

added “(I) programs of postsecondary education in the State; and

added “(II) programs of postsecondary education outside the State;

added “(xxi) 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.

removed “(xviii) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools.

“(D) Rule of construction

“(i) In general—Nothing in clause (v) or (xiii) of subparagraph (C) shall be construed as requiring a State to report any data that are not otherwise required or voluntarily submitted to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department.

“(ii) Continuation of submission to department of information—If, at any time after the date of enactment of the Every Child Achieves Act of 2015, the Civil Rights Data Collection biennial survey is no longer conducted by the Office for Civil Rights of the Department, a State educational agency shall still include the information under clauses (v) and (xiii) of subparagraph (C) in the State report card under this paragraph in the same manner that such information is presented on such survey.

“(2) Annual local educational agency report cards

“(A) In general

“(i) Preparation and dissemination—A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes—

“(I) information on such agency as a whole; and

“(II) for each school served by the agency, a school report card that meets the requirements of this paragraph.

“(ii) No personally identifiable information—No local educational agency report card required under this paragraph shall include any personally identifiable information about any student.

“(iii) Consistent with FERPA—Each local educational agency report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).

“(B) Implementation—Each local educational agency report card shall be—

“(i) concise;

added “(ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and

removed “(ii) presented in an understandable and uniform format, and to the extent practicable in a language that parents can understand; and

“(iii) accessible to the public, which shall include—

“(I) placing such report card on the website of the local educational agency and on the website of each school served by the agency; and

“(II) in any case in which a local educational agency or school does not operate a website, providing the information to the public in another manner determined by the local educational agency.

“(C) Minimum requirements—Each local educational agency report card required under this paragraph shall include—

“(i) the information described in paragraph (1)(C), disaggregated in the same manner as under paragraph (1)(C), except for clause (xv) of such paragraph, as applied to the local educational agency, and each school served by the local educational agency, including—

“(I) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; and

“(II) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole;

“(ii) any information required by the State under paragraph (1)(C)(xviii); and

“(iii) any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card.

“(D) Public dissemination

“(i) In general—Except as provided in clause (ii), a local educational agency shall—

“(I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools; and

“(II) make the information widely available through public means, including through electronic means, including posting in an easily accessible manner on the local educational agency’s website, except in the case in which an agency does not operate a website, such agency shall determine how to make the information available, such as through distribution to the media, and distribution through public agencies.

“(ii) Exception—If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report.

“(3) Preexisting report cards—A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Achieves Act of 2015, may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection.

“(4) Cost reduction—Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts.

“(5) Annual state report to the secretary—Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State—

“(A) information on student achievement on the academic assessments described in subsection (b)(2) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), including—

“(i) the percentage of students who achieved at each level of achievement the State has set in subsection (b)(1);

added “(ii) the percentage of students who did not meet the State goals set in subsection (b)(3)(B); and

removed “(ii) the percentage of students who did not meet the annual State goals set in subsection (b)(3)(B); and

“(iii) if applicable, the percentage of students making at least one year of academic growth over the school year, as determined by the State;

“(B) the percentage of students assessed and not assessed on the academic assessments described in subsection (b)(2) for all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi);

“(C) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A)—

“(i) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system;

“(ii) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates; and

“(iii) information on each State-determined indicator of school quality, success, or student support under subsection (b)(3)(B)(ii)(IV) selected by the State in the State accountability system;

“(D) information on the acquisition of English language proficiency by students who are English learners;

“(E) the per-pupil expenditures of Federal, State, and local funds, including actual staff personnel expenditures and actual nonpersonnel expenditures, disaggregated by source of funds for each school served by the agency for the preceding fiscal year;

“(F) the number and percentage of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject;

“(G) the number and names of the schools identified as in need of intervention and support under section 1114, and the school intervention and support strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school;

“(H) the number of students and schools that participated in public school choice under section 1114(b)(4);

“(I) information on the quality and effectiveness of teachers for each quartile of schools based on the school’s poverty level and high–minority and low–minority schools in the local educational agencies in the State, including the number, percentage, and distribution of—

“(i) inexperienced teachers;

“(ii) teachers who are not teaching in the subject or field for which the teacher is certified or licensed; and

“(iii) teachers who are not effective, as determined by the State if the State has a statewide teacher, principal, or other school leader evaluation system; and

“(J) if the State has a statewide teacher, principal, or other school leader evaluation system, information on the results of such teacher, principal, or other school leader evaluation systems that does not reveal personally identifiable information.

“(6) Presentation of data

“(A) In general—A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, and that do not reveal personally identifiable information about an individual student, teacher, principal, or other school leader.

“(B) Student privacy—In carrying out this subsection, student education records shall not be released without written consent consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).

added “(7) Report to congress—The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national- and State-level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only.

removed “(7) Report to congress—The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only.

“(8) Secretary’s report card

“(A) In general—Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall—

“(i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports;

“(ii) analyze data from the National Assessment of Educational Progress and comparable international assessments;

added “(iii) identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A), and by students in rural schools;

added “(iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school-level spending, and other financial data publicly available, and report on current trends and major findings; and

removed “(iii) identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A);

removed “(iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school level spending, and other financial data publicly available, and report on current trends and major findings; and

“(v) analyze information on the teaching, principal, and other school leader professions, including education and training, retention and mobility, and effectiveness in improving student achievement.

“(B) Special rule—The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law.

“(C) Public recognition—The Secretary may identify and publicly recognize States, local educational agencies, schools, programs, and individuals for exemplary performance.

“(e) Voluntary partnerships

“(1) In general—Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, challenging State academic standards, and accountability systems required under this section.

“(2) Prohibition—The Secretary shall be prohibited from requiring or coercing a State to enter into a voluntary partnership described in paragraph (1), including—

“(A) as a condition of approval of a State plan under this section;

“(B) as a condition of an award of Federal funds under any grant, contract, or cooperative agreement;

“(C) as a condition of approval of a waiver under section 9401; or

“(D) by providing any priority, preference, or special consideration during the application process under any grant, contract, or cooperative agreement.

“(f) Special rule with respect to bureau-funded schools—In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply:

“(1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior.

“(2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section.

“(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section.

“1112. Local educational agency plans

“(a) Plans required

“(1) Subgrants—A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—

added “(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part;

removed “(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part;

“(B) satisfies the requirements of this section; and

added “(C) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act.

removed “(C) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act.

“(2) Consolidated application—The plan may be submitted as part of a consolidated application under section 9305.

“(3) State review and approval

“(A) In general—Each local educational agency plan shall be filed according to a schedule established by the State educational agency.

“(B) Approval—The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan meets the requirements of this part and enables children served under this part to meet the challenging State academic standards described in section 1111(b)(1).

“(4) Duration—Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Achieves Act of 2015 and shall remain in effect for the duration of the agency’s participation under this part.

“(5) Review—Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part.

“(6) Renewal—A local educational agency that desires to continue participating in a program under this part shall submit a renewed plan on a periodic basis, as determined by the State.

“(b) Plan provisions—To ensure that all children receive a high-quality education that prepares them for postsecondary education or the workforce without the need for postsecondary remediation, and to close the achievement gap between children meeting the challenging State academic standards and those who are not, each local educational agency plan shall describe—

“(1) how the local educational agency will work with each of the schools served by the agency so that students meet the challenging State academic standards by—

“(A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students;

“(B) identifying quickly and effectively students who may be at risk for academic failure;

“(C) providing additional educational assistance to individual students determined as needing help in meeting the challenging State academic standards;

“(D) identifying significant gaps in student academic achievement and graduation rates between each of the categories of students, as defined in section 1111(b)(3)(A), and developing strategies to reduce such gaps in achievement and graduation rates; and

“(E) identifying and implementing evidence-based methods and instructional strategies intended to strengthen the academic program of the school and improve school climate;

“(2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, if applicable, especially for students not meeting the challenging State academic standards;

“(3) how the local educational agency will—

“(A) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; and

“(B) identify and address, as required under State plans as described in section 1111(c)(1)(F), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, and out-of-field teachers;

“(4) the actions the local educational agency will take to assist schools identified as in need of intervention and support under section 1114, including the lowest-performing schools in the local educational agency, and schools identified for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B), to improve student academic achievement, the funds used to conduct such actions, and how such agency will monitor such actions;

“(5) the poverty criteria that will be used to select school attendance areas under section 1113;

added “(6) the programs to be conducted by such agency’s schools under section 1113 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs;

removed “(6) the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs;

“(7) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(4)(A)(i);

“(8) the strategy the local educational agency will use to implement effective parent and family engagement under section 1115;

“(9) if applicable, how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, such as Head Start programs, the literacy program under part D of title II, State-funded preschool programs, and other community-based early childhood education programs, including plans for the transition of participants in such programs to local elementary school programs;

“(10) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, tribal, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Workforce Innovation and Opportunity Act, the McKinney-Vento Homeless Assistance Act, and the Education Sciences Reform Act of 2002, violence prevention programs, nutrition programs, and housing programs;

“(11) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1113, will identify the eligible children most in need of services under this part;

“(12) in the case of a local educational agency that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the local educational agency will provide such activities and services and coordinate them with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services;

“(13) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths consistent with the requirements of the McKinney-Vento Homeless Assistance Act and the services the local educational agency will provide homeless children and youths;

added “(14) how the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education, including—

added “(A) if applicable, through coordination with institutions of higher education, employers, and other local partners to seamlessly transition students from high school into postsecondary education or careers without remediation; and

added “(B) a description of the specific transition activities the local educational agency will take, such as providing students with access to early college high school or dual or concurrent enrollment opportunities that enable students during high school to earn postsecondary credit or an industry-recognized credential that meets any quality standards required by the State or utilizing comprehensive career counseling to identify student interests and skills;

removed “(14) how the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education;

“(15) how the local educational agency will address school discipline issues, which may include identifying and supporting schools with significant discipline disparities, or high rates of discipline, disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A), including by providing technical assistance on effective strategies to reduce such disparities and high rates;

added “(16) how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools;

added “(17) how the local educational agency will provide opportunities for the enrollment, attendance, and success of expectant and parenting students and the services the local educational agency will provide expectant and parenting students;

added “(18) if determined appropriate by the local educational agency, how such agency will support programs that promote integrated academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities; and

added “(19) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—

added “(A) assist schools in identifying and serving gifted and talented students;

added “(B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation; and

added “(C) encourage the offering of a variety of well-rounded education experiences to students.

removed “(16) how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools; and

removed “(17) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will—

removed “(A) assist schools in identifying and serving gifted and talented students; and

removed “(B) encourage the offering of a variety of well-rounded education experiences to students.

“(c) Assurances—Each local educational agency plan shall provide assurances that the local educational agency will—

“(1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;

“(2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1116, and timely and meaningful consultation with private school officials regarding such services;

added “(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;

added “(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;

added “(5) collaborate with the State or local child welfare agency and, by not later than 1 year after the date of enactment of the Every Child Achieves Act of 2015, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall—

added “(A) 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 Security Act (42 U.S.C. 675(4)(A)); and

added “(B) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if—

added “(i) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;

added “(ii) the local educational agency agrees to pay for the cost of such transportation; or

added “(iii) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and

added “(6) 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.

removed “(3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; and

removed “(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program.

“(d) Parents right-to-know

added “(1) Information for parents

added “(A) In general—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy, procedure, or parental right regarding student participation in any mandated assessments for that school year, in addition to information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:

removed “(1) Teacher qualifications

removed “(A) In general—At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following:

“(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

“(ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.

“(iii) The field of discipline of the certification of the teacher.

“(iv) Whether the child is provided services by paraprofessionals and, if so, their qualifications.

“(B) Additional information—In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student—

“(i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and

“(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

added “(2) Testing transparency

added “(A) In General—Subject to subparagraph (B), 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 assessment 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—

added “(i) the subject matter assessed;

added “(ii) the purpose for which the assessment is designed and used;

added “(iii) the source of the requirement for the assessment; and

added “(iv) where such information is available—

added “(I) the amount of time students will spend taking the assessment, and the schedule and calendar for the assessment; and

added “(II) the time and format for disseminating results.

added “(B) Local educational agency that does not operate a website—In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents.

added “(3) Language instruction

removed “(2) Language instruction

“(A) Notice—Each local educational agency using funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a child who is an English learner identified for participation or participating in such a program, of—

“(i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;

“(ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;

added “(iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;

added “(iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;

removed “(iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;

removed “(iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child;

“(v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;

“(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for children who are English learners, and the expected rate of graduation from high school (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;

“(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act; and

“(viii) information pertaining to parental rights that includes written guidance—

“(I) detailing the right that parents have to have their child immediately removed from such program upon their request;

“(II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and

“(III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.

“(B) Special rule applicable during the school year—For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).

“(C) Parental participation—Each local educational agency receiving funds under this part and title III shall implement an effective means of outreach to parents of children who are English learners to inform the parents how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part and title III.

“(D) Basis for admission or exclusion—A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.

“(3) Notice and format—The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

“1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs

“(a) Eligible school attendance areas

“(1) Determination

“(A) In general—A local educational agency shall use funds received under this part only in eligible school attendance areas.

“(B) Eligible school attendance areas—In this part—

“(i) the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and

“(ii) the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.

“(C) Ranking order

“(i) In general—Except as provided in clause (ii), if funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

“(I) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and

“(II) serve such eligible school attendance areas in rank order.

“(ii) Rule of construction—Nothing in this subparagraph shall be construed as requiring a local educational agency to reduce, in order to comply with clause (i), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the date of enactment of the Every Child Achieves Act of 2015 in order to provide funding under this part to high schools pursuant to clause (i).

“(D) Remaining funds—If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall—

“(i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and

“(ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.

“(E) Measures

“(i) In general—Except as provided in clause (ii), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program established under title XIX of the Social Security Act, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—

“(I) to identify eligible school attendance areas;

“(II) to determine the ranking of each area; and

“(III) to determine allocations under paragraph (3).

“(ii) Secondary schools—For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—

“(I) the calculation described under clause (i); or

“(II) an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under clause (i) that feed into the secondary school to the number of students enrolled in such school.

“(F) Exception—This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.

“(G) Waiver for desegregation plans—The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—

“(i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and

added “(ii) the Secretary determines, on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.

removed “(ii) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.

“(2) Local educational agency discretion

“(A) In general—Notwithstanding paragraph (1)(B), a local educational agency may—

“(i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;

“(ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;

“(iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and

“(iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

“(I) the school meets the comparability requirements of section 1117(c);

“(II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and

“(III) the funds expended from such other sources equal or exceed the amount that would be provided under this part.

“(B) Special rule—Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).

“(3) Allocations

“(A) In general—A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school.

“(B) Special rule

“(i) In general—Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.

“(ii) Exception—A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section.

“(4) Reservation of funds

“(A) In general—A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve—

“(i) homeless children, including providing educationally related support services to children in shelters and other locations where children may live;

“(ii) children in local institutions for neglected children; and

“(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.

“(B) Homeless children and youth—Funds reserved under subparagraph (A)(i) may be—

“(i) determined based on a needs assessment of homeless children and youths in the local educational agency, as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; and

“(ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—

“(I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act; and

“(II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act.

“(5) Early childhood education—A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.

“(b) Schoolwide programs and targeted assistance schools

“(1) In general—For each school that will receive funds under this part, the local educational agency shall determine whether the school shall operate a schoolwide program consistent with subsection (c) or a targeted assistance school program consistent with subsection (d).

“(2) Needs assessment—The determination under paragraph (1) shall be—

added “(A) based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards under section 1111(b)(1), particularly the needs of those children 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

removed “(A) based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards under section 1111(b)(1), particularly the needs of those children failing or are at-risk of failing to meet the challenging State academic standards and any other factors as determined by the local educational agency; and

“(B) conducted with the participation of individuals who would carry out the schoolwide plan, including those individuals under subsection (c)(2)(B).

“(3) Coordination—The needs assessment under paragraph (2) may be undertaken as part of other related needs assessments under this Act.

“(c) Schoolwide programs

“(1) In general

“(A) Eligibility—A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.

“(B) Exception—A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if—

“(i) the local educational agency in which the school is located allows such school to do so; and

“(ii) the results of the comprehensive needs assessment conducted under subsection (b)(2) determine a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors.

“(2) Schoolwide program plan—An eligible school operating a schoolwide program shall develop a comprehensive plan, in consultation with the local educational agency, tribes and tribal organizations present in the community, and other individuals as determined by the school, that—

“(A) is developed during a 1-year period, unless—

“(i) the local educational agency determines in consultation with the school that less time is needed to develop and implement the schoolwide program; or

“(ii) the school is operating a schoolwide program on the day before the date of enactment of the Every Child Achieves Act of 2015, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section;

“(B) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, and students;

added “(C) remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure that students are meeting the challenging State academic standards;

removed “(C) remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure students are meeting the challenging State academic standards;

“(D) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand;

“(E) if appropriate and applicable, developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and interventions and supports for schools identified as in need of intervention and support under section 1114; and

“(F) includes a description of—

“(i) the results of the comprehensive needs assessments of the entire school required under subsection (b)(2);

“(ii) the strategies that the school will be implementing to address school needs, including a description of how such strategies will—

“(I) provide opportunities for all children, including each of the categories of students, as defined in section 1111(b)(3)(A), to meet the challenging State academic standards under section 1111(b)(1);

“(II) use evidence-based methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum;

“(III) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, which may include—

added “(aa) counseling, school-based mental health programs, specialized instructional support services, and mentoring services;

added “(bb) preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs, which may include broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment and early college high schools;

removed “(aa) counseling, specialized instructional support services, and mentoring services;

removed “(bb) preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs;

“(cc) implementation of a schoolwide multi-tiered system of supports, including positive behavioral interventions and supports and early intervening services, including through coordination with such activities and services carried out under the Individuals with Disabilities Education Act;

“(dd) implementation of supports for teachers and other school personnel, which may include professional development and other activities to improve instruction, activities to recruit and retain effective teachers, particularly in high-need schools, and using data from academic assessments under section 1111(b)(2) and other formative and summative assessments to improve instruction;

“(ee) programs, activities, and courses in the core academic subjects to assist children in meeting the challenging State academic standards; and

“(ff) other strategies to improve student’s academic and nonacademic skills essential for success; and

“(IV) be monitored and improved over time based on student needs, including increased supports for those students who are lowest-achieving;

added “(iii) 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; and

removed “(iii) if programs are consolidated, a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and

“(iv) if appropriate, how funds will be used to establish or enhance early childhood education programs for children who are aged 5 or younger, including how programs will help transition such children to local elementary school programs.

“(3) Identification of students not required

“(A) In general—No school participating in a schoolwide program shall be required to identify—

“(i) particular children under this part as eligible to participate in a schoolwide program; or

“(ii) individual services as supplementary.

“(B) Supplemental funds—In accordance with the method of determination described in section 1117, a school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners.

“(4) Exemption from statutory and regulatory requirements

“(A) Exemption—The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.

“(B) Requirements—A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1117), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.

“(C) Records—A school that chooses to consolidate and use funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.

“(5) Preschool programs—A school that operates a schoolwide program under this subsection may use funds made available under this part to establish, expand, or enhance preschool programs for children aged 5 or younger.

“(d) Targeted assistance school programs

added “(1) In general—Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines that the school will operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph (3)(A)(ii) who are identified as having the greatest need for special assistance.

removed “(1) In general—Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines the school shall operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph (3) who are identified as having the greatest need for special assistance.

“(2) Targeted assistance school program—Each school operating a targeted assistance school program shall develop a plan, in consultation with the local educational agency and other individuals as determined by the school, that includes—

“(A) a description of the results of the comprehensive needs assessments of the entire school required under subsection (b)(2);

“(B) a description of the process for determining which students will be served and the students to be served;

“(C) a description of how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school;

added “(D) a description of how the program will serve participating students identified under paragraph (3)(A)(ii), including by—

removed “(D) a description of how the program will serve participating students identified under subparagraph (B), including by—

“(i) using resources under this part, such as support for programs, activities, and courses in core academic subjects to help participating children meet the challenging State academic standards;

“(ii) using methods and instructional strategies that are evidence-based to strengthen the core academic program of the school and that may include—

“(I) expanded learning time, before- and after-school programs, and summer programs and opportunities; or

“(II) a multi-tiered system of supports, positive behavioral interventions and supports, and early intervening services;

“(iii) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under part D of title II, or State-run preschool programs to elementary school programs;

“(iv) supporting effective teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with participating children in programs under this subsection or in the regular education program with resources provided under this part, and, to the extent practicable, from other sources, through professional development;

“(v) implementing strategies to increase parental involvement of parents of participating children in accordance with section 1115; and

“(vi) if applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education, and intervention and supports in schools identified as in need of intervention and support under section 1114; and

“(E) assurances that the school will—

“(i) help provide an accelerated, high-quality curriculum;

“(ii) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and

“(iii) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards.

“(3) Eligible children

“(A) Eligible population

“(i) In general—The eligible population for services under this subsection shall be—

“(I) children not older than age 21 who are entitled to a free public education through grade 12; and

“(II) children who are not yet at a grade level at which the local educational agency provides a free public education.

“(ii) Eligible children from eligible population—From the population described in clause (i), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school.

“(B) Children included

“(i) In general—Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English learners, are eligible for services under this subsection on the same basis as other children selected to receive services under this subsection.

“(ii) Head start and preschool children—A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under part D of title II, or in preschool services under this title, is eligible for services under this subsection.

“(iii) Migrant children—A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this subsection.

“(iv) Neglected or delinquent children—A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this subsection.

“(v) Homeless children—A child who is homeless and attending any school served by the local educational agency is eligible for services under this subsection.

“(C) Special rule—Funds received under this subsection may not be used to provide services that are otherwise required by law to be made available to children described in subparagraph (B) but may be used to coordinate or supplement such services.

“(4) Integration of professional development—To promote the integration of staff supported with funds under this subsection into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this subsection may—

“(A) participate in general professional development and school planning activities; and

“(B) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.

“(5) Special rules

“(A) Simultaneous service—Nothing in this subsection shall be construed to prohibit a school from serving students under this subsection simultaneously with students with similar educational needs, in the same educational settings where appropriate.

“(B) Comprehensive services—If health, nutrition, and other social services are not otherwise available to eligible children in a school operating a targeted assistance school program and such school, if appropriate, has established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this subsection may be used to provide such services, including through—

“(i) the provision of basic medical equipment and services, such as eyeglasses and hearing aids;

“(ii) compensation of a coordinator;

“(iii) family support and engagement services;

“(iv) health care services and integrated student supports to address the physical, mental, and emotional well-being of children; and

“(v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.

added “(e) Use for dual or concurrent enrollment programs

added “(1) In general—A local educational agency carrying out a schoolwide program or a targeted assistance school program under subsection (c) or (d) in a high school may use funds received under this part—

added “(A) to carry out—

added “(i) dual or concurrent enrollment programs for high school students, through which the students are enrolled in the high school and in postsecondary courses at an institution of higher education; or

added “(ii) programs that allow a student to continue in a dual or concurrent enrollment program at a high school for the school year following the student's completion of grade 12; or

added “(B) to provide 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 dual or concurrent enrollment programs.

added “(2) Flexibility of funds—A local educational agency using funds received under this part for a dual or concurrent program described in clause (i) or (ii) of paragraph (1)(A) may use such funds for any of the costs associated with such program, including the costs of—

added “(A) tuition and fees, books, and required instructional materials for such program; and

added “(B) transportation to and from such program.

added “(3) Rule 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.

added “(f) Prohibition—Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment under subsection (b)(2) or a plan under subsection (c) or (d) for review or approval by the Secretary.

removed “(e) Prohibition—Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment under subsection (b)(2) or a plan under subsection (c) or (d) for review or approval by the Secretary.

“1114. School identification, interventions, and supports

“(a) State review and responsibilities

“(1) In general—Each State educational agency receiving funds under this part shall use the system designed by the State under section 1111(b)(3) to annually—

“(A) identify the public schools that receive funds under this part and are in need of intervention and support using the method established by the State in section 1111(b)(3)(B)(iii);

“(B) require for inclusion—

“(i) on each local educational agency report card required under section 1111(d), the names of schools served by the agency identified under subparagraph (A); and

“(ii) on each school report card required under section 1111(d), whether the school was identified under subparagraph (A);

“(C) ensure that all public schools that receive funds under this part and are identified as in need of intervention and support under subparagraph (A), implement an evidence-based intervention or support strategy designed by the State or local educational agency described in subparagraph (A) or (B) of subsection (b)(3);

“(D) prioritize intervention and supports in the identified schools most in need of intervention and support, as determined by the State, using the results of the accountability system under 1111(b)(3)(B)(iii); and

“(E) monitor and evaluate the implementation of school intervention and support strategies by local educational agencies, including in the lowest-performing elementary schools and secondary schools in the State, and use the results of the evaluation to take appropriate steps to change or improve interventions or support strategies as necessary.

added “(2) State educational agency discretion—Notwithstanding paragraph (1)(A), a State educational agency may—

added “(A) identify any middle school or high school as in need of intervention and support if at least 40 percent of the children served by such school are from low-income families (as measured under section 1113(a)(1)(E)(ii)); and

added “(B) use funds provided under subsection (c) to assist such school consistent with such subsection.

added “(3) State educational agency responsibilities—The State educational agency shall—

removed “(2) State educational agency responsibilities—The State educational agency shall—

“(A) make technical assistance available to local educational agencies that serve schools identified as in need of intervention and support under paragraph (1)(A);

“(B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law to assist the local educational agency and ensure that such local educational agency is carrying out its responsibilities;

“(C) inform local educational agencies of schools identified as in need of intervention and support under paragraph (1)(A) in a timely and easily accessible manner that is before the beginning of the school year; and

“(D) publicize and disseminate to the public, including teachers, principals and other school leaders, and parents, the results of the State review under paragraph (1).

“(b) Local educational agency review and responsibilities

“(1) In general—Each local educational agency with a school identified as in need of intervention and support under subsection (a)(1)(A) shall, in consultation with teachers, principals and other school leaders, school personnel, parents, and community members—

“(A) conduct a review of such school, including by examining the indicators and measures included in the State-determined accountability system described in section 1111(b)(3)(B) to determine the factors that led to such identification;

added “(B) conduct a review of the agency's policies, procedures, personnel decisions, and budgetary decisions, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school;

removed “(B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school;

“(C) develop and implement appropriate intervention and support strategies, as described in paragraph (3), that are proportional to the identified needs of the school, for assisting the identified school;

“(D) develop a rigorous comprehensive plan that will be publicly available and provided to parents, for ensuring the successful implementation of the intervention and support strategies described in paragraph (3) in identified schools, which may include—

“(i) technical assistance that will be provided to the school;

“(ii) improved delivery of services to be provided by the local educational agency;

“(iii) increased support for stronger curriculum, program of instruction, wraparound services, or other resources provided to students in the school;

“(iv) any changes to personnel necessary to improve educational opportunities for children in the school;

“(v) redesigning how time for student learning or teacher collaboration is used within the school;

“(vi) using data to inform instruction for continuous improvement;

added “(vii) providing increased coaching or support for principals and other school leaders to have the knowledge and skills to lead and implement efforts to improve schools and to support teachers to improve instruction;

removed “(vii) providing increased coaching or support for principals and other school leaders and teachers;

“(viii) improving school climate and safety;

“(ix) providing ongoing mechanisms for family and community engagement to improve student learning; and

“(x) establishing partnerships with entities, including private entities with a demonstrated record of improving student achievement, that will assist the local educational agency in fulfilling its responsibilities under this section; and

“(E) collect and use data on an ongoing basis to monitor the results of the intervention and support strategies and adjust such strategies as necessary during implementation in order to improve student academic achievement.

“(2) Notice to parents—A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) in an easily accessible and understandable form and, to the extent practicable, in a language that parents can understand—

“(A) an explanation of what the identification means, and how the school compares in terms of academic achievement and other measures in the State accountability system under section 1111(b)(3)(B) to other schools served by the local educational agency and the State educational agency involved;

“(B) the reasons for the identification;

“(C) an explanation of what the local educational agency or State educational agency is doing to help the school address student academic achievement and other measures, including a description of the intervention and support strategies developed under paragraph (1)(C) that will be implemented in the school;

“(D) an explanation of how the parents can become involved in addressing academic achievement and other measures that caused the school to be identified; and

“(E) an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable.

“(3) School intervention and support strategies

“(A) In general—Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop and implement evidence-based intervention and support strategies for an identified school that the local educational agency determines appropriate to address the needs of students in such identified school, which shall—

“(i) be designed to address the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1);

“(ii) be implemented, at a minimum, in a manner that is proportional to the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); and

“(iii) distinguish between the lowest-performing schools and other schools identified as in need of intervention and support for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B)(i), as determined by the review in subparagraphs (A) and (B) of paragraph (1).

“(B) State determined strategies—Consistent with State law, a State educational agency may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified as in need of intervention and support under subsection (a)(1)(A), in addition to the assistance strategies developed by a local educational agency under subparagraph (A).

“(4) Public school choice

“(A) In general—A local educational agency may provide all students enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law.

added “(B) Priority—In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3).

removed “(B) Priority—In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3).

“(C) Treatment—Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school.

“(D) Special rule—A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school.

“(E) Funding for transportation—A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer.

“(5) Prohibitions on federal interference with state and local decisions—Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes—

“(A) any school intervention or support strategy that States or local educational agencies shall use to assist schools identified as in need of intervention and support under this section; or

“(B) the weight of any indicator or measure that a State shall use to identify schools under subsection (a).

“(c) Funds for local school interventions and supports

“(1) In general

“(A) Grants authorized—From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall award grants to States and the Bureau of Indian Education of the Department of the Interior, through an allotment as determined under subparagraph (B), to carry out the activities described in this subsection.

“(B) Allotments—From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year with an approved application, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under parts A, C, and D of this title for the most recent preceding fiscal year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under parts A, C, and D of this title for such most recent preceding fiscal year.

added “(2) State application—A State (including, for the purpose of this paragraph, the Bureau of Indian Education) that desires to receive school intervention and support funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of—

added “(A) the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest-performing schools under subsection (a)(1);

removed “(2) State application—A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of—

removed “(A) the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest–performing schools under subsection (a)(1);

“(B) the process and the criteria the State will use to determine whether the local educational agency’s proposal for serving each identified school meets the requirements of paragraph (6) and other provisions of this section;

“(C) how the State will ensure that local educational agencies conduct a comprehensive review of each identified school as required under subsection (b) to identify evidence-based school intervention and support strategies that are likely to be successful in each particular school;

“(D) how the State will ensure geographic diversity in making subgrants;

added “(E) how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest-performing schools under subsection (a)(1) that will use subgrants to serve such schools;

removed “(E) how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest–performing schools under subsection (a)(1) that will use subgrants to serve such schools;

“(F) how the State will monitor and evaluate the implementation of evidence-based school intervention and support strategies supported by funds under this subsection; and

added “(G) how the State will reduce barriers for schools in the implementation of school intervention and support strategies, including by providing operational flexibility that would enable complete implementation of the selected school intervention and support strategy.

removed “(G) how the State will reduce barriers for schools in the implementation of school intervention and support strategies, including by providing operational flexibility that would enable complete implementation of the selected school improvement strategy.

“(3) State administration; technical assistance; exception

added “(A) In general—A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(3) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports.

added “(B) Exception—Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(3)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities.

removed “(A) In general—A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(2) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports.

removed “(B) Exception—Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(2)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities.

“(4) Subgrants to local educational agencies

“(A) In general—From the amounts awarded to a State under this subsection, the State educational agency shall allocate not less than 95 percent to make subgrants to local educational agencies, on a competitive basis, to serve schools identified as in need of intervention and support under subsection (a)(1)(A).

“(B) Duration—The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years, which period may include a planning year.

“(C) Criteria—Subgrants awarded under this section shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention and support strategy.

“(D) Rule of construction—Nothing in this subsection shall be construed as prohibiting a State from allocating subgrants under this subsection to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools identified as in need of intervention and support under this section, if such entities are legally constituted or recognized as local educational agencies in the State.

“(5) Application—In order to receive a subgrant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum—

“(A) a description of the process the local educational agency has used for selecting an appropriate evidence-based school intervention and support strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school in accordance with subsection (b)(1) and meaningfully consulted with teachers, principals, and other school leaders in selecting such intervention and support strategy;

“(B) the specific evidence-based school interventions and supports to be used in each school to be served, how these interventions and supports will address the needs identified in the review under subsection (b)(1), and the timeline for implementing such school interventions and supports in each school to be served;

“(C) a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school intervention and support strategy;

“(D) a description of how the local educational agency will—

added “(i) design and implement the selected school intervention and support strategy, in accordance with the requirements of subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation;

removed “(i) design and implement the selected school intervention and support strategy, in accordance with the requirements under subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation;

“(ii) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner;

“(iii) align other Federal, State, and local resources with the intervention and support strategy to reduce duplication, increase efficiency, and assist identified schools in complying with reporting requirements of Federal and State programs;

“(iv) modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school intervention and support strategy;

added “(v) collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and, if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement;

removed “(v) collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement;

“(vi) ensure that the implementation of the intervention and support strategy meets the needs of each of the categories of students, as defined in section 1111(b)(3)(A);

“(vii) provide information to parents, guardians, teachers, and other stakeholders about the effectiveness of implementation, to the extent practicable, in a language that the parents can understand; and

“(viii) sustain successful reforms and practices after the funding period ends;

added “(E) a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring that identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and

removed “(E) a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and

“(F) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this subsection.

“(6) Local activities—A local educational agency that receives a subgrant under this subsection—

added “(A) shall use the subgrant funds to implement evidence-based school intervention and support strategies consistent with subsection (a)(1)(A); and

removed “(A) shall use the subgrant funds to implement evidence-based school intervention and support strategies in schools identified as in need of intervention and support under subsection (a)(1)(A); and

“(B) may use the subgrant funds to carry out, at the local educational agency level, activities that directly support the implementation of the intervention and support strategies such as—

“(i) assistance in data collection and analysis;

“(ii) recruiting and retaining staff;

added “(iii) high-quality, evidence-based professional development;

added “(iv) coordination of services to address students’ non-academic needs; and

removed “(iii) high–quality, evidence–based professional development;

removed “(iv) coordination of services to address students’ non–academic needs; and

“(v) progress monitoring.

“(7) Reporting—A State that receives funds under this subsection shall report to the Secretary a list of all the local educational agencies that received a subgrant under this subsection and for each local educational agency that received a subgrant, a list of all the schools that were served, the amount of funds each school received, and the intervention and support strategies implemented in each school.

“(8) Supplement not supplant—A local educational agency or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs funded under this subsection.

“(d) Rule of construction—Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.”

Section 1115, as redesignated by section 1004(3), is amended—

“(A) involve parents and family members in jointly developing the local educational agency plan under section 1112 and the process of school review and intervention and support under section 1114;

“(B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education;

“(C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs;

“(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying—

“(i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, are English learners, have limited literacy, or are of any racial or ethnic minority background);

“(ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and

“(iii) strategies to support successful school and family interactions;

“(E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and

“(F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy.”

added “(A) In 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 the 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section.”

“(D) Use of funds—Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following:

“(i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members.

“(ii) Supporting home visitation programs.

“(iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members.

changed “(iv) Collaborating or providing subgrants to schools to enable such schools to collaborate with community-based or other organizations or employers with a demonstrated track record of success in improving and increasing parent and family engagement.

changed “(v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy, which may include financial literacy activities and adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act.”

“(D) ensuring regular two-way, meaningful communication between family members and school staff, to the extent practicable, in a language that family members can understand and access.”

“(f) Accessibility—In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members who are English learners, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand.”

Section 1117, as redesignated by section 1004(3), is amended by striking subsection (b) and inserting the following:

changed “(b) Federal funds to To supplement, not supplant, non-Federal funds

“(1) In general—A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this part, and not to supplant such funds.

“(2) Compliance—To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.

“(3) Special rule—No local educational agency shall be required to—

“(A) identify that an individual cost or service supported under this part is supplemental; and

“(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).

“(4) Prohibition—Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.

“(5) Timeline—A local educational agency—

“(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Child Achieves Act of 2015; and

“(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Child Achieves Act of 2015.”

changed Section 1121(b)(3)(C)(ii) 1121 (20 U.S.C. 6331(b)(3)(C)(ii)) 6331) is amended by striking “challenging State academic content standards” and inserting “challenging State academic standards”.amended—

changed Section 1122(a) 1122 (20 U.S.C. 6332(a)) 6332) is amended by striking “for each of fiscal years 2002–2007” and inserting “for each of fiscal years 2016 through 2021”.amended—

added “(a) Allocation formula

added “(1) Initial allocation—For each of fiscal years 2016 through 2021 (referred to in this subsection as the current fiscal year), the Secretary shall allocate $17,000,000,000 of the amount appropriated under section 1002(a) to carry out this part (or, if the total amount appropriated for this part is equal to or less than $17,000,000,000, all of such amount) in accordance with the following:

added “(A) An amount equal to the amount made available to carry out section 1124 for fiscal year 2015 shall be allocated in accordance with section 1124.

added “(B) An amount equal to the amount made available to carry out section 1124A for fiscal year 2015 shall be allocated in accordance with section 1124A.

added “(C) An amount equal to 100 percent of the amount, if any, by which the amount made available under this paragraph for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be allocated in accordance with section 1125 and 1125A.

added “(2) Allocations in excess of $17,000,000,000—For each of the current fiscal years for which the amounts appropriated under section 1002(a) to carry out this part exceed $17,000,000,000, an amount equal to such excess amount shall be allocated in accordance with section 1123.”

changed Section 1125A Subpart 2 of part A of title I (20 U.S.C. 6337) 6331 et seq.) is amended—amended by inserting after section 1122 the following:

added “1123. Equity grants

added “(a) Authorization—From funds appropriated under section 1002(a) for a fiscal year and available for allocation pursuant to section 1122(a)(2), the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part.

added “(b) Distribution based upon concentrations of poverty

added “(1) In general

added “(A) In general—Except as provided in subparagraphs (B) and (C), funds appropriated pursuant to subsection (a) for a fiscal year shall be allotted to each State based upon the number of children counted under section 1124(c) in such State multiplied by the product of—

added “(i) 40 percent of the average per-pupil expenditure in the United States (other than the Commonwealth of Puerto Rico); multiplied by

added “(ii) 1.30 minus such State's equity factor described in paragraph (2).

added “(B) Puerto Rico—For each fiscal year, the Secretary shall allot to the Commonwealth of Puerto Rico an amount of the funds appropriated under subsection (a) that bears the same relation to the total amount of funds appropriated under such subsection as the amount that the Commonwealth of Puerto Rico received under this subpart for fiscal year 2015 bears to the total amount received by all States for such fiscal year.

added “(C) State minimum—Notwithstanding any other provision of this section, except for subparagraph (B), from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—

added “(i) 0.35 percent of the total amount available to carry out this section for such fiscal year; or

added “(ii) the average of—

added “(I) 0.35 percent of such total amount for such fiscal year; and

added “(II) 150 percent of the national average grant under this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State's total number of children described in section 1124(c), without application of a weighting factor.

added “(2) Equity factor

added “(A) Determination

added “(i) In general—Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii).

added “(ii) Computation

added “(I) In general—For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV).

added “(II) Variation—In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency.

added “(III) Number of pupils—In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under section 1124(c) by a factor of 1.4.

added “(IV) Enrollment requirement—In computing coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students.

added “(B) Special rule—The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) or a State with only one local educational agency shall be not greater than 0.10.

added “(c) Use of funds; eligibility of local educational agencies—All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions:

added “(1) Distribution within local educational agencies—Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 1113, and may only be used to carry out activities under this part.

added “(2) Eligibility for grant—A local educational agency in a State is eligible to receive a grant under this section for any fiscal year if—

added “(A) the number of children in the local educational agency counted under section 1124(c), before application of the weighted child count described in subsection (d), is at least 10; and

added “(B) if the number of children counted for grants under section 1124(c), before application of the weighted child count described in subsection (d), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.

added “(d) Allocation of funds to eligible local educational agencies

added “(1) In general—Funds received by States under this section for a fiscal year shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (2), (3), or (4), as appropriate for each State.

added “(2) States with an equity factor less than .10

added “(A) In general—In States with an equity factor less than .10, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

added “(B) By percentage of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.75;

added “(iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 2.5;

added “(iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 3.25; and

added “(v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 4.0.

added “(C) By number of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5;

added “(iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.0; and

added “(iv)

added “(I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.0; or

added “(II) in the case of a high poverty percentage local educational agency—

added “(aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 2.5; and

added “(bb) the number of such children in excess of 26,412 in such population, multiplied by 3.0.

added “(3) States with an equity factor greater than or equal to .10 and less than .20

added “(A) In general—In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

added “(B) By percentage of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.5;

added “(iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 3.0;

added “(iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 4.5; and

added “(v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 6.0.

added “(C) By number of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5;

added “(iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.25; and

added “(iv)

added “(I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.25; or

added “(II) in the case of a high poverty percentage local educational agency—

added “(aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 3.375; and

added “(bb) the number of such children in excess of 26,412 in such population, multiplied by 4.5.

added “(4) States with an equity factor greater than or equal to .20

added “(A) In general—In States with an equity factor greater than or equal to .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C).

added “(B) By percentage of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 2.0;

added “(iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 4.0;

added “(iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 6.0; and

added “(v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 8.0.

added “(C) By number of children—The amount referred to in subparagraph (A) is determined by adding—

added “(i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0;

added “(ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 2.0;

added “(iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 3.0; and

added “(iv)

added “(I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 3.0; or

added “(II) in the case of a high poverty percentage local educational agency—

added “(aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 4.5; and

added “(bb) the number of such children in excess of 26,412 in such population, multiplied by 6.0.

added “(e) Maintenance of effort

added “(1) In general—A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).

added “(2) Reduction in case of failure to meet

added “(A) In general—The Secretary shall reduce the amount of the allotment of funds under this section in any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

added “(B) Special rule—No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

added “(3) Waiver—The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—

added “(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or

added “(B) a precipitous decline in the financial resources of the State.

added “(f) Adjustments where necessitated by appropriations

added “(1) In general—If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3).

added “(2) Additional funds—If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.

added “(3) Hold harmless amounts—Beginning with the second fiscal year for which amounts are appropriated to carry out this section, and if sufficient funds are available, the amount made available to each local educational agency under this section for a fiscal year shall be—

added “(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under section 1124(c) is equal to or more than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;

added “(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is less than 30 percent and equal to or more than 15 percent; and

added “(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is less than 15 percent.

added “(4) Applicability—Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.

added “(g) Definitions—In this section:

added “(1) High poverty percentage local educational agency—The term high poverty percentage local educational agency means a local educational agency for which the number of children determined under subsection (b) for a fiscal year is 20 percent or more of the total population aged 5 to 17, inclusive, of the local educational agency for such fiscal year.

added “(2) State—The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.”

removed “(e) Maintenance of effort

removed “(1) In general—A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).

removed “(2) Reduction in case of failure to meet

removed “(A) In general—The Secretary shall reduce the amount of the allotment of funds under this section in any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

removed “(B) Special rule—No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

removed “(3) Waiver—The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—

removed “(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or

removed “(B) a precipitous decline in the financial resources of the State.”

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:

“B Academic assessments

“1201. Grants for state assessments and related activities

“From amounts made available in accordance with section 1204, the Secretary shall make grants to States to enable the States to carry out 1 or more of the following:

“(1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.

“(2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following:

“(A) Expanding the range of appropriate accommodations available to children who are English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice.

“(B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b).

“(C) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(G).

“(D) Ensuring the continued validity and reliability of State assessments.

“(E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials.

“(F) Developing or improving the quality, validity, and reliability of assessments for children who are English learners, including alternative assessments aligned with the challenging State academic standards, testing accommodations for children who are English learners, and assessments of English language proficiency.

“(G) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments.

added “(H) 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.

added “(I) Developing or improving models to measure and assess student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

“1202. Grants for enhanced assessment instruments

“(a) Grant program authorized—From amounts made available in accordance with section 1204, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted applications at such time, in such manner, and containing such information as the Secretary may reasonably require, which demonstrate, to the satisfaction of the Secretary, that the requirements of this section will be met, for one of more of the following:

“(1) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2).

“(2) Developing or improving assessments for students who are children with disabilities, including using the principles of universal design for learning, which may include developing assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D).

added “(3) Measuring student progress or academic growth over time, including by using multiple measures, or developing or improving models to measure and assess growth on State assessments under section 1111(b)(2).

removed “(3) Measuring student progress or academic growth over time, including by using multiple measures.

“(4) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments that emphasize the mastery of standards and aligned competencies in a competency-based education model, technology-based academic assessments, computer adaptive assessments, and portfolios, projects, or extended performance task assessments.

added “(5) Designing the report cards and reports under section 1111(d) 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—

added “(A) does not reveal personally identifiable information about an individual student; and

added “(B) is derived from existing State and local reporting requirements and data sources.

added “(b) Rule of construction—Nothing in paragraph (5) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under this Act.

added “(c) Annual report—Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities under the grant and the result of such activities.

added “(d) Prohibition—No funds provided under this section to the Secretary shall be used to mandate, direct, control, incentivize, or make financial awards conditioned upon a State (or a consortium of States) developing any assessment common to a number of States, including testing activities prohibited under section 9529.

removed “(b) Annual report—Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities under the grant and the result of such activities.

removed “(c) Prohibition—No funds provided under this section to the Secretary shall be used to mandate, direct, control, incentivize, or make financial awards conditioned upon States (or a consortia of States) developing any assessment common to a number of States, including testing activities prohibited under section 9529.

“1203. Audits of assessment systems

added “(a) In general—From the amount reserved under section 1204(b)(1)(C) for a fiscal year, the Secretary shall make grants to States to enable the States to—

removed “(a) In general—From the amount reserved under section 1204(b)(1)(C) for a fiscal year, the Secretary shall make grants, from allotments in accordance with subsection (b), to States to enable the States to—

“(1) in the case of a grant awarded under this section to a State for the first time—

“(A) carry out audits of State assessment systems and ensure that local educational agencies carry out audits of local assessments under subsection (e)(1);

“(B) prepare and carry out the State plan under subsection (e)(6); and

“(C) award subgrants under subsection (f); and

“(2) in the case of a grant awarded under this section to a State that has previously received a grant under this section—

“(A) carry out the State plan under subsection (e)(6); and

“(B) award subgrants under subsection (f).

“(b) Minimum amount—Each State with an approved application shall receive a grant amount of not less than $1,500,000 per fiscal year.

“(c) Reallocation—If a State chooses not to apply to receive a grant under this subsection, or if such State’s application under subsection (d) is disapproved by the Secretary, the Secretary shall reallocate such grant amount to other States with approved applications.

“(d) Application—A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

“(e) Audits of state assessment systems and local assessments

“(1) Audit requirements—Not later than 1 year after a State receives a grant under this section for the first time, the State shall—

“(A) conduct an audit of the State assessment system;

“(B) ensure that each local educational agency under the State’s jurisdiction and receiving funds under this Act—

“(i) conducts an audit of each local assessment administered by the local educational agency; and

“(ii) submits the results of such audit to the State; and

“(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is—

“(i) publicly available, such as a widely accessible online platform; and

added “(ii) with appropriate accessibility provisions for individuals with disabilities and English learners.

removed “(ii) with appropriate accessibility provisions for children with disabilities and English learners.

“(2) Resources for local educational agencies—In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph.

“(3) State assessment system description—An audit of a State assessment system conducted under paragraph (1) shall include a description of each State assessment carried out in the State, including—

“(A) the grade and subject matter assessed;

“(B) whether the assessment is required under section 1111(b)(2) or allowed under section 1111(b)(2)(D);

“(C) the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment;

“(D) the purpose for which the assessment was designed and the purpose for which the assessment is used, including assessments designed to contribute to systems of improvement of teaching and learning;

“(E) the time for disseminating assessment results;

“(F) a description of how the assessment is aligned with the challenging State academic standards under section 1111(b)(1);

“(G) a description of any State law or regulation that established the requirement for the assessment;

“(H) the schedule and calendar for all State assessments given; and

“(I) a description of the State’s policies for inclusion of English learners and children with disabilities participating in assessments, including developing and promoting the use of appropriate accommodations.

“(4) Local assessment description—An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including—

“(A) the descriptions listed in subparagraphs (A), (D), and (E) of paragraph (3);

“(B) the annual cost to the local educational agency of developing, purchasing, administering, and scoring the assessment;

“(C) the extent to which the assessment is aligned to the challenging State academic standards under section 1111(b)(1);

“(D) a description of any State or local law or regulation that establishes the requirement for the assessment; and

“(E) in the case of a summative assessment that is used for accountability purposes, whether the assessment is valid and reliable and consistent with nationally recognized professional and technical standards.

“(5) Stakeholder feedback—Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on such system from education stakeholders, which shall cover information such as—

“(A) how educators, school leaders, and administrators use assessment data to improve and differentiate instruction;

“(B) the timing of release of assessment data;

“(C) the extent to which assessment data is presented in an accessible and understandable format for educators, school leaders, parents, students (if appropriate), and the community;

“(D) the opportunities, resources, and training educators and administrators are given to review assessment results and make effective use of assessment data;

“(E) the distribution of technological resources and personnel necessary to administer assessments;

“(F) the amount of time educators spend on assessment preparation;

“(G) the assessments that administrators, educators, parents, and students, if appropriate, do and do not find useful;

“(H) the amount of time students spend taking the assessments; and

“(I) other information as appropriate.

“(6) State plan on audit findings

removed “(A) Preparing the state plan—Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary, a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as—

removed “(i) eliminating any assessments that are not required by section 1111(b)(2) (such as by buying out the remainder of procurement contracts with assessment developers) and that—

removed “(I) are low-quality;

removed “(II) are not aligned to the challenging State academic standards under section 1111(b)(1));

removed “(III) in the case of summative assessments used for accountability purposes, are not valid or reliable and are inconsistent with nationally recognized professional and technical standards;

removed “(IV) do not contribute to systems of improvement for teaching and learning; or

changed “(V) are redundant;“(A) Preparing the state plan—Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as—

changed “(ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality “(i) developing and efficiency to improve teaching maintaining lists of State and learning;local assessments that—

changed “(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts “(I) align to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies;the State’s content standards under section 1111(b)(1);

changed “(iv) disseminating the assessment data in an accessible “(II) are valid, reliable, and understandable format for educators, parents, remain consistent with nationally recognized professional and families; technical standards; and

changed “(v) decreasing time between administering such State assessments “(III) contribute to systems of continuous improvement for teaching and releasing assessment data.learning;

added “(ii) eliminating any assessments that are not required under section 1111(b)(2) (such as buying out the remainder of procurement contracts with assessment developers) that do not meet the contributing factors of high-quality assessments listed under subclauses (I) through (III) of clause (i);

added “(iii) 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;

added “(iv) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies;

added “(v) disseminating the assessment data in an accessible and understandable format for educators, parents, and families; and

added “(vi) decreasing time between administering such State assessments and releasing assessment data.

“(B) Carry out the state plan—A State shall carry out a State plan as soon as practicable after the State prepares such State plan under subparagraph (A) and during each grant period of a grant described in subsection (a)(2) that is awarded to the State.

“(f) Subgrants to local educational agencies

“(1) In general—From the amount awarded to a State under this section, the State shall reserve not less than 20 percent of funds to make subgrants to local educational agencies in the State, or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application to improve assessment quality, use, and alignment with the challenging State academic standards under section 1111(b)(1).

“(2) Local educational agency application—Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined by the State. The application shall include a description of the agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph (1)).

“(3) Use of funds—A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to—

“(A) conduct an audit of local assessments under subsection (e)(1)(B);

“(B) eliminate any assessments identified for elimination by such audit, such as by buying out the remainder of procurement contracts with assessment developers;

“(C) disseminate the best practices described in subsection (e)(6)(A)(ii);

“(D) improve the capacity of school leaders and educators to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities or English learners;

“(E) improve assessment delivery systems and schedules, including by increasing access to technology and exam proctors, where appropriate;

“(F) hire instructional coaches, or promote educators who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and design instruction; and

“(G) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments.

“(g) Definitions—In this section:

“(1) Local assessment—The term local assessment means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required by section 1111(b)(2).

“(2) State—The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“1204. Funding

“(a) National assessment of educational progress—For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal years 2016 through 2021.

“(b) Allotment of appropriated funds

added “(1) In general—From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(H), the Secretary shall—

removed “(1) From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(H), the Secretary shall—

“(A) reserve ½ of 1 percent for the Bureau of Indian Education;

“(B) reserve ½ of 1 percent for the outlying areas;

“(C) reserve not more than 20 percent to carry out section 1203; and

“(D) from the remainder, allocate to each State for section 1201 an amount equal to—

“(i) $3,000,000; and

“(ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

added “(2) Amounts above trigger amount—Any amounts made available for a fiscal year under subsection 1002(b) that are more than the amount described in section 1111(b)(2)(H) shall be made available as follows:

removed “(2) Remainder—Any amounts made available for a fiscal year under subsection 1002(b) that are remaining after the Secretary carries out paragraph (1) shall be made available as follows:

“(A)

“(i) To award funds under section 1202 to States selected for such grants, according to the quality, needs, and scope of the State application under that section.

added “(ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant includes an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

removed “(ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

“(B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.

“(c) State defined—In this section, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“1205. Innovative assessment and accountability demonstration authority

“(a) Innovative assessment system defined—The term innovative assessment system means a system of assessments that may include—

“(1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and

“(2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.

“(b) Demonstration authority

removed “(1) In general—The Secretary may provide a State educational agency, in accordance with paragraph (3), with the authority to establish an innovative assessment system.

removed “(2) Demonstration period—Each authorization of demonstration authority under this section shall be for a period of 3 years.

removed “(3) Initial demonstration authority; expansion

removed “(A) Initial period—During the initial 3-year period of demonstration authority under this section, the Secretary shall provide 5 State educational agencies, subject to meeting the application requirements in subsection (c), with the authority described in paragraph (1).

removed “(B) Expansion of demonstration authority—After the end of the initial demonstration period described in subparagraph (A), the Secretary may provide additional State educational agencies with demonstration authority described in paragraph (1), if the Secretary determines that overall the innovative assessment systems have—

changed “(i) demonstrated progress for all students, including at-risk students, through such measures as—“(1) In general—The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system.

changed “(I) increasing student achievement and improving academic outcomes;“(2) Demonstration period—In accordance with the requirements described in subsection (c), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which it desires to exercise the demonstration authority, except that such period shall not exceed 5 years.

changed “(II) increasing graduation rates for high schools;“(3) Initial demonstration authority; progress report; expansion

changed “(III) increasing retention rates “(A) Initial period—During the first 3 years of students the demonstration authority under this section, the Secretary shall provide State educational agencies, or consortia of State educational agencies, subject to meeting the application requirements in school; orsubsection (c), with the authority described in paragraph (1).

changed “(IV) decreasing rates “(B) Limitation—During the first 3 years of remediation for students;the demonstration authority under this section, the total number of participating State educational agencies, including those participating in consortia, may not exceed 7, and not more than 4 State educational agencies may participate in a single consortium.

changed “(ii) been developed in accordance with the requirements of subsection (c), including substantial evidence that such system meets such requirements; and“(C) Progress report

changed “(iii) demonstrated that “(i) In general—Not later than 90 days after the same system end of assessments was used to measure the achievement first 3 years of all students that participated in the initial demonstration authority, and at least 95 percent of such students overall and period described in each subparagraph (A), the Director of the categories Institute of students, as defined Education Sciences, in section 1111(b)(3)(A), were assessed under consultation with the Secretary, shall publish a report detailing the initial progress of the approved innovative assessment system.systems prior to providing additional State educational agencies with the demonstration authority described in paragraph (1).

changed “(c) Application—A State educational agency that desires to participate in the program of demonstration authority “(ii) Criteria—The progress report under this section clause (i) shall submit an application to draw upon the Secretary at such time, annual information submitted by participating States described in such manner, subsection (c)(2)(I) and containing such information as the Secretary may reasonably require. Such application shall include a description of the innovative assessment system. In addition, the application shall include examine the following:extent to which—

added “(I) the innovative assessment systems have demonstrated progress for all students, including at-risk students, in relation to such measures as—

added “(aa) student achievement and academic outcomes;

added “(bb) graduation rates for high schools;

added “(cc) retention rates of students in school; and

added “(dd) rates of remediation for students;

added “(II) the innovative assessment systems have facilitated progress in relation to at least one other valid and reliable indicator of quality, success, or student support, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

added “(III) the State educational agencies have solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system;

added “(IV) teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment systems;

added “(V) the innovative assessment systems have been developed in accordance with the requirements of subsection (c), including substantial evidence that such systems meet such requirements; and

added “(VI) each State participating in the demonstration authority has demonstrated that the same system of assessments was used to measure the achievement of all students that participated in the demonstration authority, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system.

added “(iii) Use 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—

added “(I) to support participating State educational agencies through technical assistance; and

added “(II) to inform the peer review process described in subsection (d) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subparagraph (D).

added “(iv) Publicly available—The Secretary shall make the progress report under this subparagraph and the response described in clause (iii) publicly available on the website of the Department.

added “(v) Prohibition—Nothing in this subparagraph shall be construed to authorize the Secretary to require participating States to submit any additional information for the purposes of the progress report beyond what the State has already provided in the annual report described in subsection (c)(2)(I).

added “(D) Expansion of the demonstration authority—Upon completion and publication of the report described in subparagraph (C)(iv), additional State educational agencies or consortia of State educational agencies may apply for the demonstration authority described in this section without regard to the limitations described in subparagraph (B). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same requirements of this section.

added “(c) Application—Consistent with the process described in subsection (d), a State educational agency, or consortium 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, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a description of the innovative assessment system, what experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State proposes to exercise this authority. In addition, the application shall include the following:

“(1) A demonstration that the innovative assessment system will—

“(A) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section;

“(B) be aligned to the standards under section 1111(b)(1) and address the depth and breadth of the challenging State academic standards under such section;

“(C) express student results or student competencies in terms consistent with the State aligned academic achievement standards;

“(D) be able to generate comparable, valid, and reliable results for all students and for each category of students described in section 1111(b)(2)(B)(xi), compared to the results for such students on the State assessments under section 1111(b)(2);

added “(E) be developed in collaboration with stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children, educators, including teachers, principals, and other school leaders, local educational agencies, parents, and civil rights organizations in the State;

removed “(E) be developed in collaboration with stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children, educators, including teachers, principals, and other school leaders, local educational agencies, and civil rights organizations in the State;

“(F) be accessible to all students, such as by incorporating the principles of universal design for learning;

“(G) provide educators, students, and parents with timely data, disaggregated by each category of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports;

“(H) be able to identify which students are not making progress toward the State’s academic achievement standards so that educators can provide instructional support and targeted intervention to all students to ensure every student is making progress;

“(I) measure the annual progress of not less than 95 percent of all students and students in each of the categories of students, as defined in section 1111(b)(3)(A), who are enrolled in each school that is participating in the innovative assessment system and are required to take assessments;

“(J) generate an annual, summative achievement determination based on annual data for each individual student based on the challenging State academic standards under section 1111(b)(1) and be able to validly and reliably aggregate data from the innovative assessment system for purposes of accountability, consistent with the requirements of section 1111(b)(3), and reporting, consistent with the requirements of section 1111(d); and

“(K) continue use of the high-quality statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration.

“(2) A description of how the State educational agency will—

“(A) identify the distinct purposes for each assessment that is part of the innovative assessment system;

“(B) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection;

“(C) inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented;

“(D) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability;

“(E) acclimate students to the innovative assessment system;

“(F) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D);

added “(G) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide or with additional local educational agencies in the State’s proposed period of demonstration authority and 2-year extension period, if applicable, including the timeline that explains the process for scaling to statewide implementation by either the end of the State’s proposed period of demonstration authority or the 2-year extension period;

removed “(G) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide or with additional local educational agencies in the initial demonstration and 2-year renewal period, if applicable, including the timeline that explains the process for scaling to statewide implementation by either the end of the initial demonstration authority or the 2-year renewal period;

“(H) gather data, solicit regular feedback from educators and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and

“(I) report data from the innovative assessment system annually to the Secretary, including—

added “(i) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State’s demonstration or 2-year extension period, including a description of how—

added “(I) 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 demonstration period; and

added “(II) by the end of the demonstration authority, the participating local educational agencies, as a group, will be demographically similar to the State as a whole;

added “(ii) performance of all participating students and for each category of students, as defined in section 1111(b)(3)(A), on the innovative assessment, consistent with the requirements in section 1111(d);

added “(iii) performance of all participating students in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

added “(iv) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

added “(v) if such system is not statewide, a description of the State’s progress in scaling up the innovative assessment system to additional local educational agencies during the State’s period of demonstration authority, as described in subparagraph (G).

removed “(i) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the initial demonstration or 2-year renewal period;

removed “(ii) performance of all participating students and for each category of students, as defined in section 1111(b)(3)(A), on the innovative assessment, consistent with the requirements in section 1111(d); and

removed “(iii) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system.

“(3) A description of the State educational agency’s plan to—

“(A) ensure that all students and each of the categories of students, as defined in section 1111(b)(3)(A)—

“(i) are held to the same high standard as other students in the State; and

“(ii) receive the instructional support needed to meet challenging State academic standards;

“(B) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and

“(C) hold all participating schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations for student achievement.

“(4) If the innovative assessment system will initially be administered in a subset of local educational agencies—

“(A) a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration period;

“(B) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; and

added “(C) a description of how the State will—

added “(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 throughout the demonstration authority; and

added “(ii) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of the State’s period of demonstration authority.

removed “(C) a demonstration that the participating local educational agencies, as a group, will be demographically similar to the State as a whole.

“(d) Peer review—The Secretary shall—

added “(1) implement a peer review process to inform—

added “(A) the awarding of the demonstration authority under this section and the approval to operate the system for the purposes of paragraphs (2) and (3) of section 1111(b), as described in subsection (h) of this section; and

removed “(1) implement a peer review process, which shall include a review team comprised of practitioners and experts who are knowledgeable about the assessment innovation being proposed for all students, including English learners and children with disabilities, to inform—

removed “(A) the awarding, renewal, and expansion of the demonstration authority under this section; and

“(B) determinations about whether the innovative assessment system—

added “(i) is comparable to the State assessments under section 1111(b)(2)(B)(v)(I), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and

added “(ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(b)(3)(B)(i) for all students;

added “(2) ensure that the peer review team is comprised of practitioners and experts who are knowledgeable about the innovative assessment being proposed for all students, including—

added “(A) individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and

added “(B) individuals with experience implementing innovative State assessment and accountability systems;

added “(3) make publicly available the applications submitted under subsection (c) and the peer review comments and recommendations regarding such applications;

added “(4) make a determination and inform the State regarding approval or disapproval of the application not later than 90 days after receipt of the complete application;

added “(5) offer a State the opportunity to revise and resubmit its application within 60 days of a disapproval determination under paragraph (4) to allow the State to submit additional evidence that the State’s application meets the requirements of subjection (c); and

added “(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.

added “(e) Extension—The Secretary may extend an authorization 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—

added “(1) demonstrating capacity to transition to statewide use by the end of a 2-year extension period; and

added “(2) demonstrating that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of a 2-year extension period.

added “(f) Use of innovative assessment system—A State may, during its approved demonstration period or 2-year extension period, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, those from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all other requirements of section 1111(b)(3).

added “(g) Authority withdrawn—The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and any participating local educational agency or the State as a whole shall return to the statewide assessment system under section 1111(b)(2) if, at any point during a State’s approved period of demonstration or 2-year extension period, the State educational agency cannot present to the Secretary a body of substantial evidence that the innovative assessment system developed under this section—

removed “(i) is comparable, valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and

removed “(ii) provides an unbiased, rational, and consistent determination of progress toward annual goals for all students and schools; and

removed “(2) make publicly available the applications submitted under subsection (c) and the peer review comments and recommendations regarding such applications.

removed “(e) Renewal—The Secretary may renew an authorization of demonstration authority under this subsection for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c).

removed “(f) Use of innovative assessment system—A State may, during the initial 3-year demonstration period or 2-year renewal period, include results from the innovative assessment systems developed under this authority in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, those from the assessment system under section 1111(b)(2), provided the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all other requirements of section 1111(b)(3).

removed “(g) Authority withdrawn—The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and any participating local educational agency or the State as a whole shall return to the statewide assessment system under section 1111(b)(2) if, at any point after the 3-year demonstration period described in subsection (b)(2) or 2-year renewal period described in subsection (e), the State educational agency cannot present to the Secretary a body of substantial evidence that the innovative assessment system developed under this section—

“(1) meets requirements of subsection (c);

“(2) includes all students attending schools participating in the demonstration authority, including each of the categories of students, as defined in section 1111(b)(3)(A), in the innovative assessment system demonstration;

added “(3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(b)(3)(B)(i) for all students, which are comparable to determinations under section 1111(b)(3)(B)(iii) across the State in which the local educational agencies are located;

added “(4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the State’s approved demonstration period and 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and

added “(5) is comparable to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality.

removed “(3) provides an unbiased, rational, and consistent determination of progress toward annual goals for schools, which are comparable to determinations under section 1111(b)(3)(B)(iii) across the State in which the local educational agencies are located;

removed “(4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the initial demonstration period and 2-year renewal, if the innovative assessment system will initially be administered in a subset of local educational agencies; and

removed “(5) is equivalent to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality.

“(h) Transition

added “(1) In general—If, after a State’s approved demonstration and extension period, the State educational agency has met all the requirements of this section, including having scaled the system up to statewide use, and demonstrated that such system is of high quality, the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of paragraphs (2) and (3) of section 1111(b). Such system shall be deemed of high quality if the Secretary, through the peer review process described in subsection (d), determines that the system has—

added “(A) met all of the requirements of this section;

added “(B) demonstrated progress for all students, including each of the categories of students defined in section 1111(b)(3)(A), in relation to such measures as—

added “(i) increasing student achievement and academic outcomes;

added “(ii) increasing the 4-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate for high schools;

added “(iii) increasing retention rates of students in school; and

added “(iv) increasing rates of remediation at institutions of higher education for participating students;

added “(C) demonstrated progress in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV);

added “(D) provided coherent and timely information about student attainment of the State’s challenging academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards;

added “(E) solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and

added “(F) demonstrated that the same system of assessments was used to measure the achievement of all students, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system.

added “(2) Baseline—For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year of implementation of the innovative assessment system for each local educational agency.

added “(3) Waiver authority—If, at the conclusion of the State’s approved demonstration and extension period, the State has met all of the requirements of this section, except transition to full statewide use for States that will initially administer an innovative assessment system in a subset of local educational agencies, and continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State may request, and the Secretary shall review such request, a delay of the withdrawal of authority under subsection (g) for the purpose of providing the State time necessary to implement the innovative assessment system statewide.

removed “(1) In general—If, after the initial demonstration and renewal period, the State educational agency has met all the requirements of this section, such entity shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of paragraphs (2) and (3) of section 1111(b).

removed “(2) Waiver authority—If, after the initial demonstration and renewal period, the State has met all of the requirements of this section, except transition to full statewide use for States that will initially administer an innovative assessment system in a subset of local educational agencies, and continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State may request, and the Secretary shall review such request, a delay of the withdrawal of authority under subsection (g) for the purpose of providing the State time necessary to implement the innovative assessment system statewide.

“(i) Available funds—A State may use funds available under section 1201 to carry out this section.

added “(j) Rule of construction—A consortium of States may apply to participate in the program of demonstration authority under this section and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority.

added “(k) Dissemination of best practices

added “(1) In general—Following the publication of the progress report described in subsection (b)(3)(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—

added “(A) the development of summative assessments that meet the requirements of section 1111(b)(2)(B), are comparable with statewide assessments, and include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging academic standards;

added “(B) the development of effective supports for local educational agencies and school staff to implement innovative assessment systems;

added “(C) the development of effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development;

added “(D) the development of effective supports for all students, particularly each of the categories of students, as defined in section 1111(b)(3)(A), participating in the innovative assessment systems; and

added “(E) the development of standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State.

added “(2) Publication—The Secretary shall make the information described in paragraph (1) available to the public on the website of the Department and shall publish an update to the information not less often than once every 3 years.”

removed “(j) Rule of construction—A consortium of States may apply to participate in the program of demonstration authority under this section and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section.”

Part C of title I (20 U.S.C. 6391 et seq.) is amended—

“(a) State allocations

“(1) Base amount

changed “(A) In general—Except as provided in subsection (b) and subparagraph (B), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2003 2016 and succeeding fiscal years, an amount equal to—

“(i) the amount that such State received under this part for fiscal year 2002; plus

“(ii) the amount allocated to the State under paragraph (2).

changed “(B) Nonparticipating states—In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2003 2016 and succeeding fiscal years, an amount equal to—

“(i) the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been approved; plus

“(ii) the amount allocated to the State under paragraph (2).

changed “(2) Allocation of additional amount—For fiscal year 2003 2016 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to—

“(A) the sum of—

“(i) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and

changed “(ii) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intercession intersession programs provided by the State during such year; multiplied by

“(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.”

added “(2) Minimum percentage—The percentage in paragraph (1)(A) shall not be less than 85.0 percent.”

“(A) In general—If, after”

“(A) Further reductions—The Secretary”

“(D) measurable program objectives and outcomes;”

“(C) evidence-based family literacy programs;”

“(d) Priority for services—In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who—

“(1) are failing, or most at risk of failing, to meet the challenging State academic standards; or

“(2) have dropped out of school.”

“(B) Consultation—The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—

“(i) the effectiveness of the system described in subparagraph (A); and

“(ii) the ongoing improvement of such system.”

“(2) Migratory agricultural worker—The term migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought new employment and has a recent history of moves for agricultural employment.

“(3) Migratory child—The term migratory child means a child or youth who made a qualifying move in the preceding 36 months—

“(A) as a migratory agricultural worker or a migratory fisher; or

“(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.

“(4) Migratory fisher—The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought new employment and has a recent history of moves for fishing work.

“(5) Qualifying move—The term qualifying move means a move due to economic necessity—

“(A) from one residence to another residence; and

“(B) from one school district to another school district, except—

“(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district;

“(ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence to engage in a fishing activity; or

“(iii) in a case in which another exception applies, as defined by the Secretary.”

Part D of title I (20 U.S.C. 6421 et seq.) is amended—

“(2) Minimum percentage—The percentage in paragraph (1)(A) shall not be less than 85 percent.”

“(D) provide assurances that the State educational agency has established—

added “(i) procedures to ensure the prompt re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and

removed “(i) procedures to ensure the prompt re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such students earn during placement; and

“(ii) opportunities for such students to participate in higher education or career pathways.”

added “(20) describes how the State agency will, to the extent feasible, identify youth who have come in contact with both the child welfare system and juvenile justice system and improve practices and expand the evidence-based intervention services to reduce school suspensions, expulsions, and referrals to law enforcement.”

“(A) may include—

changed “(i) the acquisition of equipment; andequipment;

changed “(ii) pay for success pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government;”Government; and

added “(iii) providing targeted, evidence-based services for youth who have come in contact with both the child welfare system and juvenile justice system;”

“(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”

changed “(4) a description of the activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local educational agency, or agency or, as appropriate, into career and technical education and postsecondary education programs;”

“(11) as appropriate, a description of how the local educational agency and schools will address the educational needs of children and youth who return from institutions for neglected and delinquent children and youth or from correctional institutions and attend regular or alternative schools;”

“(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and

changed “(7) pay for success pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal government.”

“(12) to the extent practicable, develop an initial educational services and transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable), consistent with section 1414(a)(1); and

“(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement.”

Title I (20 U.S.C. 6301 et seq.) is amended—

“(4) Process—Such process shall not be subject to the Federal Advisory Committee Act, but shall, unless otherwise provided as described in subsection (c), follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).”

“(5) Emergency situation—In an emergency situation in which regulations to carry out this title must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this title, the Secretary may issue a proposed regulation without following such process but shall—

“(A) designate the proposed regulation as an emergency with an explanation of the emergency in a notice provided to Congress;

“(B) publish the duration of the comment and review period in such notice and in the Federal Register; and

“(C) conduct regional meetings to review such proposed regulation before issuing any final regulation.”

changed “(c) Alternative process if failure to To reach consensus—If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under paragraph (3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner:

“(1) Notice to congress—Not less than 30 days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include—

“(A) a copy of the regulation to be proposed;

“(B) a justification of the need to issue a regulation;

changed “(C) the anticipated burden, including the time, cost, and paperwork burden, the regulations will have 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 agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

“(E) any regulations that will be repealed when the new regulations are issued; and

“(F) an opportunity to comment on the information in subparagraphs (A) through (E).

“(2) Comment period for congress—The Secretary shall provide Congress with a 15-day period, beginning after the date on which the Secretary provided the notice of any proposed rulemaking to Congress under paragraph (1), to make comments on the proposed rule. After addressing all comments received from Congress during such period, the Secretary may proceed with the rulemaking process under section 553 of title 5, United States Code, as modified by this section.

“(3) Public comment and review period—The public comment and review period for any proposed regulation shall be not less than 90 days unless an emergency requires a shorter period, in which case the Secretary shall comply with the process outlined in subsection (b)(5).

“(4) Assessment—No regulation shall be made final after the comment and review period described in paragraph (3) until the Secretary has published in the Federal Register—

“(A) an assessment of the proposed regulation that—

“(i) includes a representative sampling of local educational agencies based on enrollment, geographic diversity (including suburban, urban, and rural local educational agencies), and other factors impacted by the proposed regulation;

“(ii) addresses the burden, including the time, cost, and paperwork burden, that the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation;

“(iii) addresses the benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and

“(iv) thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially and operationally viable at the local level; and

“(B) an explanation of how the entities described in subparagraph (A)(ii) may cover the cost of the burden assessed under such subparagraph.”

“(e) Rule of construction—Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”) or chapter 8 of title 5, United States Code (commonly known as the “Congressional Review Act”).”

“(G) specialized instructional support personnel;

“(H) representatives of charter schools, as appropriate; and

“(I) paraprofessionals.”

added Not later than 2 years after the date of enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the implementation of section 1111(c)(1)(L) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(1)(L)), including the progress made and the remaining barriers relating to such implementation.

The Act (20 U.S.C. 6301 et seq.) is amended—

“(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.”

“4 Internet safety”

The Act (20 U.S.C. 6301 et seq.) is amended by striking title II (as amended by section 2001) and inserting the following:

“II Preparing, training, and recruiting high-quality teachers, principals, and other school leaders

“2001. Purpose

“The purpose of this title is to improve student academic achievement by—

“(1) increasing the ability of local educational agencies, schools, teachers, principals, and other school leaders to provide a well-rounded and complete education for all students;

“(2) improving the quality and effectiveness of teachers, principals, and other school leaders;

“(3) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and

“(4) ensuring that low-income and minority students are served by effective teachers, principals, and other school leaders and have access to a high-quality instructional program.

“2002. Definitions

“In this title:

“(1) School leader residency program—The term school leader residency program means a school-based principal, school leader, or principal and school leader preparation program in which a prospective principal or school leader—

“(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and

“(B) during that academic year—

changed “(i) participates in research-based evidence-based coursework that is integrated with the clinical residency experience; and

“(ii) receives ongoing support from a mentor principal or school leader who is effective.

“(2) State—The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“(3) Teacher residency program—The term teacher residency program means a school-based teacher preparation program in which a prospective teacher—

“(A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A (if applicable), who is the teacher of record for the classroom;

“(B) receives concurrent instruction during the year described in subparagraph (A)—

“(i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and

“(ii) in the teaching of the content area in which the teacher will become certified or licensed; and

“(C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment.

“2003. Authorization of appropriations

“(a) Grants to States and local educational agencies—For the purposes of carrying out part A (other than section 2105), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

“(b) National activities—For the purposes of carrying out activities authorized under section 2105, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

changed “(c) Teacher and school leader incentive fund—For program—For the purposes of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

“(d) American history and civics education—For the purposes of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

“(e) Literacy education for all, results for the nation—For the purposes of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

“(f) STEM instruction and student achievement—For the purposes of carrying out part E, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021.

“A Fund for the improvement of teaching and learning

“2101. Formula grants to States

“(a) Reservation of funds—From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall reserve—

“(1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and

“(2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education.

“(b) State allotments

“(1) Hold harmless

“(A) Fiscal years 2016 through 2021—For each of fiscal years 2016 through 2021, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under—

“(i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and

“(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554).

“(B) Ratable reduction—If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year.

changed “(C) Percentage Reduction—For reduction—For each of fiscal years 2016 through 2021, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2015.

“(2) Allotment of additional funds

“(A) In General—Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of—

“(i) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and

“(ii) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.

“(B) Exception—No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year.

“(3) Fiscal year 2022 and succeeding fiscal years—For fiscal year 2022 and each of the succeeding fiscal years, the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to each State in accordance with paragraph (2).

“(4) Reallotment—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection.

“(c) State use of funds

“(1) In general—Except as provided for under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102.

“(2) State administration—A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part.

“(3) Principals and other school leaders—Notwithstanding paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for activities for principals and other school leaders described in paragraph (4), if such reservation would not result in a lower allocation to local educational agencies under section 2102, as compared to such allocation for the preceding fiscal year.

“(4) State activities

“(A) In general—The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education.

“(B) Types of State activities—The activities described in this subparagraph are the following:

“(i) Reforming teacher, principal, and other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that—

changed “(I) teachers have the necessary subject matter subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards described in section 1111(b)(1);

“(II) principals and other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and

“(III) teacher certification or licensing requirements are aligned with such challenging State academic standards.

“(ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, and other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders, such as by—

“(I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results;

“(II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and

“(III) developing a system for auditing the quality of evaluation and support systems.

“(iii) Improving equitable access to effective teachers, principals, and other school leaders.

“(iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State demonstrates a shortage of educators), principals, and other school leaders, for—

“(I) individuals with a baccalaureate or master’s degree, or other advanced degree;

“(II) mid-career professionals from other occupations;

“(III) paraprofessionals;

“(IV) former military personnel; and

“(V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become highly effective teachers, principals, or other school leaders.

“(v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, and other school leaders who are effective in improving student academic achievement, including highly effective teachers from underrepresented minority groups and teachers with disabilities, such as through—

“(I) opportunities for a cadre of effective teachers to lead evidence-based professional development for their peers;

“(II) career opportunities for teachers to grow as leaders, including hybrid roles that allow teachers to voluntarily serve as mentors or academic coaches while remaining in the classroom; and

“(III) providing training and support for teacher leaders and school leaders who are recruited as part of instructional leadership teams.

“(vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies.

“(vii) Developing, or assisting local educational agencies in developing—

changed “(I) teacher advancement initiatives that promote professional growth and emphasize multiple career paths, such as school leadership, mentoring, involvement with school improvement, intervention and support, and instructional coaching;

“(II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and

“(III) new teacher, principal, and other school leader induction and mentoring programs that are evidence-based and designed to—

“(aa) improve classroom instruction and student learning and achievement;

“(bb) increase the retention of effective teachers, principals, and other school leaders;

“(cc) improve school leadership to improve classroom instruction and student learning and achievement; and

changed “(dd) provide opportunities for teachers, principals, and other school leaders who are experienced, are effective, and have demonstrated an ability to work with adult learners to be mentors.

“(viii) Providing assistance to local educational agencies for—

“(I) the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards described in section 1111(b)(1); and

“(II) the development and support of other school leadership programs to develop educational leaders.

“(ix) Supporting efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction, which may include blended learning projects that include an element of online learning, combined with supervised learning time and student-led learning, in which the elements are connected to provide an integrated learning experience.

“(x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part.

“(xi) Supporting teacher, principal, and other school leader residency programs.

“(xii) Reforming or improving teacher, principal, and other school leader preparation programs.

changed “(xiii) Supporting the instructional services provided by effective school librarians.library programs.

changed “(xiv) Supporting other activities identified by the instructional services provided by athletic administrators, such as through professional development or relevant State that are evidence-based and that meet the purpose of this title.certification or licensure for such administrators.

added “(xv) Developing, or assisting local educational agencies in developing, strategies that provide teachers, principals, and 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 courses or programs.

added “(xvi) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse.

added “(xvii) Supporting principals, other school leaders, teachers, teacher leaders, paraprofessionals, early childhood education program directors, and other early childhood education program providers to participate in efforts to align and promote quality early learning experiences from prekindergarten through grade 3.

added “(xviii) Developing and providing professional development and instructional materials for science, technology, engineering, and mathematics subjects, including computer science.

added “(xix) Supporting the efforts and professional development of teachers, principals, and other school leaders to integrate academic and career and technical education content into instructional practices, which may include—

added “(I) integrating career and technical education with advanced coursework, such as by allowing the acquisition of postsecondary credits, recognized postsecondary credentials, and industry-based credentials, by students while in high school; or

added “(II) coordinating activities with employers and entities carrying out initiatives under other workforce development programs to identify State and regional workforce needs, such as through the development of State and local plans under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq);

added “(xx) Supporting other activities identified by the State that are evidence-based and that meet the purpose of this title.

added “(xxi) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing additional 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.

“(d) State plan

“(1) In general—In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(2) Contents—Each plan described under paragraph (1) shall include the following:

“(A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c).

“(B) A description of the State’s system of certification, licensing, and professional growth and improvement, such as clinical experience for prospective educators, support for new educators, professional development, professional growth and leadership opportunities, and compensation systems for teachers, principals, and other educators.

“(C) A description of how activities under this part are aligned with challenging State academic standards and State assessments under section 1111, which may include, as appropriate, relevant State early learning and developmental guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)).

“(D) A description of how the activities using funds under this part are expected to improve student achievement.

“(E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, principals, and other school leaders, a description of how such funds will be used to meet the State’s commitment described in section 1111(c)(1)(F) to ensure equitable access to effective teachers, principals, and school leaders.

“(F) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.

“(G) An assurance that the State educational agency will work in consultation with the entity responsible for teacher and principal professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession.

“(H) A description of how the State educational agency will improve the skills of teachers, principals, and other school leaders in order to enable them to identify students with specific learning needs, particularly students with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students.

“(I) A description of how the State will use data and ongoing consultation with and input from teachers and teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, to continually update and improve the activities supported under this part.

added “(J) A description of actions the State may take to improve preparation programs and strengthen support for principals and other school leaders based on the needs of the State, as identified by the State educational agency.

“(3) Consultation—In developing the State plan under this subsection, a State shall—

added “(A) involve teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title;

removed “(A) involve teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and

“(B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State's activities to meet the purpose of this title; and

“(C) coordinate the State's activities under this part with other related strategies, programs, and activities being conducted in the State.

“(e) Prohibition—Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following:

“(1) The development, improvement, or implementation of elements of any teacher, principal, or school leader evaluation systems.

“(2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness.

“(3) Any teacher, principal, or other school leader professional standards, certification, or licensing.

“2102. Subgrants to local educational agencies

“(a) Allocation of funds to local educational agencies

“(1) In general—From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2).

“(2) Allocation formula—From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of—

“(A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and

“(B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined.

“(3) Administrative costs—Of the amounts allocated to a local educational agency under paragraph (2), the local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part.

“(4) Rule of construction—Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a school locale code of 41, 42, or 43, or such local educational agencies designated with a school locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section.

“(b) Local applications

“(1) In general—To be eligible to receive a subgrant under this section, a local educational agency shall conduct a needs assessment described in paragraph (2) and submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.

“(2) Needs assessment

“(A) In general—To be eligible to receive a subgrant under this section, a local educational agency shall periodically conduct a comprehensive needs assessment of the local educational agency and of all schools served by the local educational agency.

“(B) Requirements—The needs assessment under subparagraph (A) shall be designed to determine the schools with the most acute staffing needs related to—

“(i) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement;

“(ii) ensuring that low-income and minority students are not disproportionately served by ineffective teachers, principals, and other school leaders;

added “(iii) ensuring that low-income and minority students have access to—

added “(I) a high-quality instructional program (such as opportunities for high-quality postsecondary education coursework through an early college high school or a dual or concurrent enrollment program); and

added “(II) class sizes that are appropriate and evidence-based;

removed “(iii) ensuring that low-income and minority students have access to a high-quality instructional program and appropriate class sizes that are evidence-based;

“(iv) hiring, retention, and advancement and leadership opportunities for effective teachers, principals, and other school leaders;

added “(v) supporting and developing all educators, including preschool, kindergarten, elementary, middle, or high school teachers (including special education and career and technical education teachers), principals, other school leaders, early childhood directors, specialized instructional support personnel, paraprofessionals, or other staff members who provide or directly support instruction;

removed “(v) supporting and developing all educators, including preschool, kindergarten, elementary, middle, or high school teachers (including special education teachers), principals, other school leaders, early childhood directors, specialized instructional support personnel, paraprofessionals, or other staff members who provide or directly support instruction;

“(vi) understanding and using data and assessments to improve student learning and classroom practice;

“(vii) improving student behavior, including the response of teachers, principals, and other school leaders to student behavior, in the classroom and school, including the identification of early and appropriate interventions, which may include positive behavioral interventions and supports;

“(viii) teaching students who are English learners, children who are in early childhood education programs, children with disabilities, American Indian children, Alaskan Native children, and gifted and talented students;

added “(ix) ensuring that funds are used to support schools served by the local educational agency that are identified under section 1114(a)(1)(A) and schools with high percentages or numbers of children counted under section 1124(c);

added “(x) improving the academic and non-academic skills of all students that are essential for learning readiness and academic success; and

removed “(ix) ensuring funds are used to support schools served by the local educational agency that are identified under section 1114(a)(1)(A) and schools with high percentages or numbers of children counted under section 1124(c);

removed “(x) improving the academic and non-academic skills of all students essential for learning readiness and academic success; and

“(xi) any other evidence-based factors that the local educational agency determines are appropriate to meet the needs of schools within the jurisdiction of the local educational agency and meet the purpose of this title.

“(3) Consultation

“(A) In general—In conducting a needs assessment described in paragraph (2), a local educational agency shall—

“(i) involve teachers, teacher organizations, principals, and other school leaders, specialized instructional support personnel, parents, community partners, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and

“(ii) take into account the activities that need to be conducted in order to give teachers, principals, and other school leaders the skills to provide students with the opportunity to meet challenging State academic standards described in section 1111(b)(1).

“(B) Continued consultation—A local educational agency receiving a subgrant under this section shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to—

“(i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this title; and

“(ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community.

“(4) Contents of application—Each application submitted under paragraph (1) shall be based on the results of the needs assessment required under paragraph (2) and shall include the following:

“(A) A description of the results of the comprehensive needs assessment carried out under paragraph (2).

“(B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the challenging State academic standards described in section 1111(b)(1).

“(C) A description of how such activities will comply with the principles of effectiveness described in section 2103(c).

“(D) A description of the activities, including professional development, that will be made available to meet needs identified by the needs assessment described in paragraph (2).

“(E) A description of the local educational agency’s systems of hiring and professional growth and improvement, such as induction for teachers, principals, and other school leaders.

“(F) A description of how the local educational agency will support efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction.

“(G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(A) and have the highest percentage or number of children counted under section 1124(c).

“(H) Where a local educational agency has a significant number of schools identified under section 1114(a)(1)(A), as determined by the State, a description of how the local educational agency will seek the input of the State educational agency in planning and implementing activities under this part.

added “(I) A description of how the local educational agency will increase and improve opportunities for meaningful teacher leadership and for building the capacity of teachers.

added “(J) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers).

added “(K) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs.

removed “(I) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers).

removed “(J) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs.

“2103. Local use of funds

“(a) In general—A local educational agency that receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive, evidence-based programs and activities described in subsection (b), which may be carried out through a grant or contract with a for-profit or nonprofit entity, in partnership with an institution of higher education, or in partnership with an Indian tribe or tribal organization (as defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

“(b) Types of activities—The activities described in this subsection—

“(1) shall meet the needs identified in the needs assessment described in section 2102(b)(2);

“(2) shall be in accordance with the purpose of this title, evidence-based, and consistent with the principles of effectiveness described in subsection (c);

“(3) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and

“(4) may include, among other programs and activities—

“(A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, and other school leaders that is based in part on evidence of student achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders;

“(B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers, principals, and other school leaders, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards described in section 1111(b)(1), to improve within-district equity in the distribution of teachers, principals, and school leaders consistent with the requirements of section 1111(c)(1)(F), such as initiatives that provide—

“(i) expert help in screening candidates and enabling early hiring;

“(ii) differential and incentive pay for teachers, principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems;

“(iii) teacher, paraprofessional, principal, and other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths and pay differentiation;

“(iv) new teacher, principal, and other school leader induction and mentoring programs that are designed to—

“(I) improve classroom instruction and student learning and achievement;

“(II) increase the retention of effective teachers, principals, and other school leaders;

“(III) improve school leadership to improve classroom instruction and student learning and achievement; and

added “(IV) provide opportunities for mentor teachers, principals, and other educators who are experienced, are effective, and have demonstrated an ability to work with adult learners;

removed “(IV) provide opportunities for mentor teachers, principals, and other educators who are experienced, effective, and have demonstrated an ability to work with adult learners;

“(v) the development and provision of training for school leaders, coaches, mentors and evaluators on how to accurately differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and

“(vi) a system for auditing the quality of evaluation and support systems;

“(C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with a record of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders;

“(D) reducing class size to an evidence-based level to improve student achievement through the recruiting and hiring of additional effective teachers;

“(E) providing high-quality, personalized professional development for teachers, instructional leadership teams, principals, and other school leaders, focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, and other school leaders to—

added “(i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy);

removed “(i) effectively integrate technology into curricula and instruction;

“(ii) use data from such technology to improve student achievement;

added “(iii) effectively engage parents, families and community partners, and coordinate services between school and community;

added “(iv) help all students develop the academic and nonacademic skills essential for learning readiness and academic success; and

added “(v) develop policy with school, local educational agency, community, or State leaders;

removed “(iii) effectively engage parents, families and community partners, and coordinate services between school and community; and

removed “(iv) help all students develop the academic and nonacademic skills essential for learning readiness and academic success;

“(F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, and students who are English learners, so that such children with disabilities and students who are English learners can meet the challenging State academic standards described in section 1111(b)(1);

added “(G) providing programs and activities to increase—

added “(i) the knowledge base of teachers, principals, and other school leaders on instruction in the early grades and on strategies to measure whether young children are progressing; and

added “(ii) the ability of principals and 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;

added “(H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate;

removed “(G) providing programs and activities to increase the knowledge base of teachers and principals on instruction in the early grades, and strategies to measure whether young children are progressing, which may include providing joint professional learning activities for school staff and educators in preschool programs that address the transition to elementary school;

removed “(H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and in using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate;

“(I) supporting teacher, principal, and school leader residency programs;

“(J) reforming or improving teacher, principal, and other school leader preparation programs;

“(K) carrying out in-service training for school personnel in—

“(i) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness;

“(ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and

“(iii) forming partnerships between school-based mental health programs and public or private mental health organizations;

added “(L) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as—

added “(i) early entrance to kindergarten;

added “(ii) enrichment, acceleration, and curriculum compacting activities; and

added “(iii) dual or concurrent enrollment in secondary school and postsecondary education;

added “(M) supporting the instructional services provided by effective school library programs;

added “(N) providing general liability insurance coverage for teachers related to actions performed in the scope of their duties;

added “(O) providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse;

added “(P) developing and providing professional development and instructional materials for science, technology, engineering, and mathematics subjects, including computer science;

added “(Q) providing training for teachers, principals, and other school leaders to address school climate issues such as school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism (including both excused and unexcused absences);

added “(R) increasing time for common planning, within and across content areas and grade levels;

added “(S) increasing opportunities for teacher-designed and implemented professional development activities, which may include opportunities for experiential learning through observation;

added “(T) developing feedback mechanisms to improve school working conditions;

added “(U) providing high-quality professional development for teachers, principals, and other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning, if appropriate, which may include providing common planning time, to help prepare students for postsecondary education and the workforce without the need for remediation;

added “(V) providing educator training to increase students' entrepreneurship skills; and

added “(W) regularly conducting, and publicly reporting the results of, an assessment and a plan to address such results, of educator support and working conditions that—

added “(i) evaluates supports for teachers, leaders, and other school personnel, such as—

added “(I) teacher and principal perceptions of availability of high-quality professional development and instructional materials;

added “(II) timely availability of data on student academic achievement and growth;

added “(III) the presence of high-quality instructional leadership; and

added “(IV) opportunities for professional growth, such as career ladders and mentoring and induction programs;

added “(ii) evaluates working conditions for teachers, leaders and other school personnel, such as—

added “(I) school safety and climate;

added “(II) availability and use of common planning time and opportunities to collaborate; and

added “(III) community engagement; and

added “(iii) is developed with teachers, leaders, other school personnel, parents, students, and the community; and

added “(X) carrying out other evidence-based activities identified by the local educational agency that meet the purpose of this title.

removed “(L) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, and curriculum compacting activities, and dual enrollment in secondary school and postsecondary education;

removed “(M) supporting the instructional services provided by school librarians;

removed “(N) providing general liability insurance coverage for teachers related to actions performed in the scope of their duties; and

removed “(O) carrying out other evidence-based activities identified by the local educational agencies that meet the purpose of this title.

“(c) Principles of effectiveness

added “(1) In general—For a program or activity supported with funds provided under this part to meet principles of effectiveness, such program or activity shall—

added “(A) be based on an assessment of objective data regarding the need for programs and activities in the schools to be served to—

removed “(1) In general—For a program or activity supported with funds provided under this part to meet the principles of effectiveness, such program or activity shall—

removed “(A) be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to—

“(i) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement;

“(ii) ensure that low-income and minority students are served by effective teachers, principals, and other school leaders; and

“(iii) ensure that low-income and minority students have access to a high-quality instructional program;

added “(B) be based on established and evidence-based criteria—

removed “(B) be based upon established and evidence-based criteria—

“(i) aimed at ensuring that all students receive a high-quality education taught by effective teachers and attend schools led by effective principals and other school leaders; and

“(ii) that result in improved student academic achievement in the school served by the program or activity; and

“(C) include meaningful and ongoing consultation with and input from teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, in the development of the application and administration of the program or activity.

“(2) Periodic evaluation

“(A) In general—A program or activity carried out under this section shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education, taught by effective teachers, in schools led by effective principals and school leaders that results in improved student academic achievement.

“(B) Use of results—The results of an evaluation described in subparagraph (A) shall be—

“(i) used to refine, improve, and strengthen the program or activity, and to refine the criteria described in paragraph (1)(B); and

“(ii) made available to the public upon request, with public notice of such availability provided.

“(3) Prohibition—Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control the principles of effectiveness developed by local educational agencies under paragraph (1) or the specific programs or activities that will be implemented by a local educational agency.

“2104. Reporting

“(a) State report—Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides—

added “(1) the number and percentage of teachers, principals, and other school leaders in the State and each local educational agency in the State who are licensed or certified, provided such information does not reveal personally identifiable information;

added “(2) the first-time passing rate of teachers and principals in the State and each local educational agency in the State on teacher and principal licensure examinations, provided such information does not reveal personally identifiable information;

removed “(1) the number and percent of teachers, principals, and other school leaders in the State and each local educational agency in the State who are licensed or certified, provided such information does not reveal personally identifiable information;

removed “(2) the first-time passage rate of teachers and principals in the State and each local educational agency in the State on teacher and principal licensure examinations, provided such information does not reveal personally identifiable information;

“(3) a description of how chosen professional development activities improved teacher and principal performance; and

“(4) if funds are used under this part to improve equitable access to teachers, principals, and other school leaders for low-income and minority students, a description of how funds have been used to improve such access.

added “(b) Local educational agency report—Each local educational 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.

removed “(b) Local educational agency report—Each local educational agency receiving funds under this part shall submit to the State educational agency such information that the State requires, which shall include the information described in subsection (a) for the local educational agency.

“(c) Availability—The reports and information provided under subsections (a) and (b) shall be made readily available to the public.

“(d) Limitation—The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable information about any individual.

“2105. National activities of demonstrated effectiveness

“(a) In general—From the funds appropriated under section 2003(b) to carry out this section, the Secretary—

added “(1) shall reserve such funds as are necessary to carry out activities under subsection (b);

added “(2) shall reserve not less than 40 percent of the funds appropriated under such section to carry out activities under subsection (c); and

added “(3) shall reserve not less than 40 percent of such funds to carry out activities under subsection (d).

added “(b) Technical assistance and national evaluation—From the funds reserved by the Secretary under subsection (a)(1), the Secretary—

added “(1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002, a comprehensive center on students at risk of not attaining full literacy skills due to a disability, which shall—

added “(A) 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 and writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;

added “(B) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students;

added “(C) provide families of such students with information to assist such students;

added “(D) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to—

added “(i) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading and writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning;

added “(ii) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and

added “(iii) implement evidence-based instruction designed to meet the specific needs of such students; and

added “(E) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002; and

added “(2) may—

added “(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

added “(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 Education Sciences.

removed “(1) may reserve not more than 20 percent to carry out activities under subsection (b);

removed “(2) shall reserve not less than 40 percent to carry out activities under subsection (c); and

removed “(3) shall reserve not less than 40 percent to carry out activities under subsection (d).

removed “(b) Technical assistance and national evaluation—From the funds reserved by the Secretary under subsection (a)(1), the Secretary may carry out—

removed “(1) technical assistance to States and local educational agencies carrying out activities under this part, which may be carried out directly or through grants and contracts; and

removed “(2) evaluations of activities carried out by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences.

“(c) Programs of national significance

“(1) In general—From the funds reserved by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of—

“(A) providing teachers, principals, and other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies;

“(B) providing evidence-based professional development activities that addresses literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve;

added “(C) providing teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment and early college high school settings across a local educational agency.

added “(D) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or

added “(E) providing teachers, principals, and other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.

removed “(C) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or

removed “(D) providing teachers, principals, and other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential.

“(2) Program periods and diversity of projects

“(A) In general—A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 3 years.

“(B) Renewal—The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period.

“(C) Diversity of projects—In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.

“(D) Limitation—The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition.

“(3) Cost-sharing

“(A) In general—An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection.

added “(B) Acceptable contributions—An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services.

removed “(B) Acceptable contributions—An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services.

“(C) Waivers—The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship.

added “(4) Applications—In order to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information 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 participating students or parents.

removed “(4) Applications—In order to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information that the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents.

“(5) Definition of eligible entity—In this subsection, the term eligible entity means—

“(A) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation;

added “(B) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, and other school leaders; or

removed “(B) a national nonprofit entity with a demonstrated track record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, and other school leaders; or

“(C) a partnership consisting of—

“(i) 1 or more entities described in subparagraph (A) or (B); and

“(ii) a for-profit entity.

“(d) School leader recruitment and support programs

added “(1) In general—From the funds reserved by the Secretary under subsection (a)(3), the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals and other school leaders in high-need schools, which may include—

removed “(1) In general—From the funds reserved by the Secretary under subsection (a)(3), the Secretary shall award grants, on a competitive basis to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals and other school leaders in high-need schools, which may include—

“(A) developing or implementing leadership training programs designed to prepare and support principals and other school leaders in high-need schools, including through new or alternative pathways and school leader residency programs;

“(B) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals and other school leaders to serve in high-need schools;

“(C) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools identified for intervention and support under section 1114(a)(1)(A), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning;

“(D) providing continuous professional development for principals and other school leaders in high-need schools;

added “(E) developing and disseminating information on best practices 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

removed “(E) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools; and

“(F) other evidence-based programs or activities described in section 2101(c)(3) or section 2103(b)(4) focused on principals and other school leaders in high-need schools.

“(2) Program periods and diversity of projects

“(A) In general—A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 5 years.

“(B) Renewal—The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period.

“(C) Diversity of projects—In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.

“(D) Limitation—The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition.

“(3) Cost-sharing

“(A) In general—An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection.

“(B) Acceptable contributions—An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services.

“(C) Waivers—The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship.

“(4) Applications—An eligible entity that desires a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require.

“(5) Priority—In awarding grants under this subsection, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who—

“(A) have improved school-level student outcomes;

“(B) have become principals in high-need schools; and

“(C) remain principals in high-need schools for multiple years.

“(6) Definitions—In this subsection—

“(A) the term eligible entity means—

“(i) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies;

“(ii) a State educational agency or a consortium of such agencies;

“(iii) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve a high-need school; or

“(iv) an entity described in clause (i), (ii), or (iii) in partnership with 1 or more nonprofit organizations or institutions of higher education; and

“(B) the term high-need school means—

“(i) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or

“(ii) a high school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line.

“2106. Supplement, not supplant

“Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part.

“B Teacher and school leader incentive program

“2201. Purposes; definitions

“(a) Purposes—The purposes of this part are—

“(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders (especially for teachers, principals, and other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and

“(2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems.

“(b) Definitions—In this part:

“(1) Eligible entity—The term eligible entity means—

“(A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies;

“(B) a State educational agency or other State agency designated by the chief executive of a State to participate under this part; or

“(C) a partnership consisting of—

“(i) 1 or more agencies described in subparagraph (A) or (B); and

“(ii) at least 1 nonprofit or for-profit entity.

added “(2) High-need school—The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more.

added “(3) Human capital management system—The term human capital management system means a system—

removed “(2) High-need local educational agency—The term high-need local educational agency means a local educational agency, public charter school, or charter management organization—

removed “(A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or

removed “(B) for which not less than 20 percent of the children served by the agency, school, or organization are from families with incomes below the poverty line.

removed “(3) High-need school—The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more.

removed “(4) Human capital management system—The term human capital management system means a system—

“(A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and

“(B) that includes a performance-based compensation system.

added “(4) Performance-based compensation system—The term performance-based compensation system means a system of compensation for teachers, principals, and other school leaders that—

removed “(5) Performance-based compensation system—The term performance-based compensation system means a system of compensation for teachers, principals, and other school leaders that—

“(A) differentiates levels of compensation based in part on measurable increases in student academic achievement; and

“(B) may include—

“(i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, and other school leaders in hard-to-staff schools or high-need subject areas; and

“(ii) recognition of the skills and knowledge of teachers, principals, and other school leaders as demonstrated through—

“(I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and

“(II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills.

“2202. Teacher and school leader incentive fund grants

“(a) Grants authorized—From the amounts appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity.

“(b) Duration of grants

“(1) In general—A grant awarded under this part shall be for a period of not more than 3 years.

“(2) Renewal—The Secretary may renew a grant awarded under this part for a period of up to 2 years if the grantee demonstrates to the Secretary that the grantee is effectively utilizing funds. Such renewal may include allowing the grantee to scale up or replicate the successful program.

“(3) Limitation—A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice, as of the date of enactment of the Every Child Achieves Act of 2015.

“(c) Applications—An eligible entity desiring a grant under this part shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include—

“(1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant;

added “(2) a description of the most pressing gaps or insufficiencies in student access to effective teachers and school leaders in high-need schools, including gaps or inequities in how effective teachers and school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors;

removed “(2) a description of the most pressing gaps or insufficiencies in student access to effective teachers and school leaders in high-need schools, including gaps or inequities in how effective teachers and school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems and other school level factors;

“(3) a description and evidence of the support and commitment from teachers, principals, and other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, and other school leaders), the community, and the local educational agency to the activities proposed under the grant;

“(4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, school leader, and student performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made;

“(5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request;

“(6) a description of the quality of teachers, principals, and other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the quality of teachers, principals, and other school leaders in a high-need school;

“(7) a description of how the eligible entity will use grant funds under this part in each year of the grant, including a timeline for implementation of such activities;

“(8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends;

“(9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant at the end of the grant period;

added “(10) a description of—

added “(A) the rationale for the project;

added “(B) how the proposed activities are evidence-based; and

added “(C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and

removed “(10) a description of how the proposed activities are rational and evidence-based and, if applicable, the prior experience of the eligible entity in developing and implementing such activities; and

“(11) a description of how activities funded under this part will be evaluated, monitored, and publically reported.

“(d) Award basis

“(1) Priority—In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, and other school leaders serving in high-need schools.

“(2) Equitable distribution—To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution of such grants between rural and urban areas.

“(e) Use of funds

“(1) In general—An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this part.

“(2) Authorized activities—Grant funds under this part may be used for the following:

“(A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that—

“(i) reflects clear and fair measures of teacher, principal, and other school leader performance, based in part on demonstrated improvement in student academic achievement; and

added “(ii) provides teachers, principals, and other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness.

removed “(ii) provides teachers, principals, and other school leaders with ongoing, differentiated, targeted and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness.

“(B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation system described in subparagraph (A) and to develop support for the evaluation system, including by training appropriate personnel in how to observe and evaluate teachers, principals, and other school leaders.

“(C) Providing principals and other school leaders with—

added “(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and

removed “(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State;

“(ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together.

added “(D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to—

removed “(D) Paying, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to—

“(i) teachers who—

“(I)

“(aa) teach in high-need schools; or

“(bb) teach in high-need subjects;

“(II) raise student academic achievement; or

“(III) take on additional leadership responsibilities; or

“(ii) principals and other school leaders who serve in high-need schools and raise student academic achievement in the schools.

“(E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers and school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in—

“(i) attracting, hiring, and retaining effective educators;

“(ii) offering bonuses or higher salaries to effective teachers; or

“(iii) establishing or strengthening residency programs.

“(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers and school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders.

“(f) Matching requirement—Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant.

“(g) Supplement, not supplant—Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part.

“2203. Reports

“(a) Activities summary—Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant.

“(b) Report—The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this part, including—

“(1) information on eligible entities that received grant funds under this part, including—

“(A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c);

“(B) the summaries received under subsection (a); and

“(C) grant award amounts; and

added “(2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant.

removed “(2) student academic achievement, and as applicable, growth data from the schools participating in the programs supported under the grant.

“(c) Evaluation and technical assistance

“(1) Reservation of funds—Of the total amount reserved under section 2003(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this part.

“(2) Evaluation—From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this part.

“(3) Contents—The evaluation under paragraph (2) shall measure—

“(A) the effectiveness of the program in improving student academic achievement;

“(B) the satisfaction of the participating teachers, principals, and other school leaders; and

“(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, and other school leaders, especially in high-need subject areas.”

Title II (20 U.S.C. 6601 et seq.), as amended by section 2002, is further amended by adding at the end the following:

changed “C American history and civics education.education

“2301. Program authorized

“(a) In general—From amounts appropriated to carry out this part, the Secretary is authorized to carry out an American history and civics education program to improve—

“(1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and

changed “(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) Funding allotment—From amounts made available under section 2305 for a fiscal year, the Secretary shall—

changed “(1) reserve use not more less than 85 percent for activities under section 2302;

changed “(2) reserve use not more less than 10 percent for activities under section 2303; and

changed “(3) reserve use not more than 5 percent for activities under section 2304.

“2302. Teaching of traditional American history

“(a) In general—From the amounts reserved by the Secretary under section 2301(b)(1), the Secretary shall award grants, on a competitive basis, to local educational agencies—

“(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and

“(2) for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities—

“(A) to improve the quality of instruction; and

“(B) to provide professional development and teacher education activities with respect to American history.

“(b) Required partnership—A local educational agency that receives a grant under subsection (a) shall carry out activities under the grant in partnership with 1 or more of the following:

“(1) An institution of higher education.

“(2) A nonprofit history or humanities organization.

“(3) A library or museum.

“(c) Application—To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(d) Grant terms—Grants awarded under subsection (a) shall be for a term of not more than 5 years.

“2303. Presidential and congressional academies for American history and civics

changed “(a) In general—From the amounts reserved under section 2301(b)(2), the Secretary shall award not more than 12 grants grants, on a competitive basis basis, to—

“(1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the “Presidential Academies”) in accordance with subsection (e); and

“(2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the “Congressional Academies”) in accordance with subsection (f).

“(b) Application—An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(c) Eligible entity—The term eligible entity under this section means—

“(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or

“(2) a consortium of entities described in paragraph (1).

“(d) Grant terms—Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years.

“(e) Presidential academies

“(1) Use of funds—Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which—

“(A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics;

“(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;

“(C) is conducted during the summer or other appropriate time; and

“(D) is of not less than 2 weeks and not more than 6 weeks in duration.

“(2) Selection of teachers—Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1).

“(3) Teacher stipends—Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute.

“(4) Priority—In awarding grants under this subsection, the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks.

“(f) Congressional academies

“(1) Use of funds—Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which—

“(A) broadens and deepens such students’ understanding of American history and civics;

“(B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics;

“(C) is conducted during the summer or other appropriate time; and

“(D) is of not less than 2 weeks and not more than 6 weeks in duration.

“(2) Selection of students

“(A) In general—Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1).

“(B) Eligible students—A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student—

“(i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and

“(ii) will be a junior or senior in the academic year following attendance at the seminar or institute.

“(3) Student stipends—Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute.

“(g) Matching funds

“(1) In general—An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant.

“(2) Waiver—The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f).

“2304. National activities

changed “(a) Purpose—The purpose of this section is to promote innovative new and existing evidence-based strategies to promote encourage innovative American history, civic, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, and other school leaders, particularly for such instruction, strategies, activities, and programs that benefit low-income students in and underserved areas.populations.

“(b) In general—From the funds reserved by the Secretary under section 2301(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of—

changed “(1) expanding, developing, implementing, evaluating evaluating, and disseminating for voluntary use, innovative, evidenced-based approaches to civic learning, geography, and or professional development programs in American history, which may include hands-on civic engagement activities for teachers civics and low-income students, that demonstrate innovation, scalability, accountability, government, and a focus on underserved populations; orgeography, which may include—

changed “(2) other innovative evidence-based approaches to improving the quality of student achievement and teaching of American history, civics, geography, and government in elementary schools “(A) hands-on civic engagement activities for teachers and secondary schools.low-income students; and

added “(B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights and that demonstrate scalability, accountability, and a focus on underserved populations; and

added “(2) developing other innovative approaches that—

added “(A) improve the quality of student achievement in, and teaching of, American history, civics and government, and geography, in elementary schools and secondary schools; and

added “(B) demonstrate innovation, scalability, accountability, and a focus on underserved populations.

“(c) Program periods and diversity of projects

“(1) In general—A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years.

“(2) Renewal—The Secretary may renew a grant awarded under this section for 1 additional 2-year period.

“(3) Diversity of projects—In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas.

added “(d) Applications—In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

removed “(d) Applications—In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, and in such manner, and containing such information that the Secretary may reasonably require.

“(e) Eligible entity—In this section, the term eligible entity means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches for improving the quality of American history, geography, and civics learning and teaching.

“2305. Authorization of appropriations

“There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021.”

Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001 through 2003, is further amended by adding at the end the following:

changed “D Literacy Education for All, Results for the Nation.Nation

“2401. Purposes; definitions

changed “(a) Purposes—The purpose purposes of this part is—are—

changed “(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 that, when implemented implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and

“(2) for States to provide targeted subgrants to State-designated early childhood education programs and local educational agencies and their public or private partners to implement evidenced-based programs that ensure high-quality comprehensive literacy instruction for students most in need.

“(b) Definitions—In this part:

“(1) Comprehensive literacy instruction—The term comprehensive literacy instruction means instruction that—

“(A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas;

“(B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension;

“(C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff;

“(D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children;

“(E) uses differentiated instructional approaches, including individual and small group instruction and discussion;

“(F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary;

“(G) includes frequent practice of reading and writing strategies;

“(H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction;

“(I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning;

“(J) incorporates the principles of universal design for learning;

“(K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and

“(L) links literacy instruction to the challenging State academic standards under section 1111(b)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter.

changed “(2) Eligible entity—The term eligible entity means an entity that serves a high share or percentage of high-need schools and consists of—

“(A) one or more local educational agencies that—

“(i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State;

“(ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or

“(iii) serve a significant number or percentage of schools that are identified under section 1114(a)(1)(A);

“(B) one or more State-designated early childhood education programs, which may include home-based literacy programs for preschool aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or

“(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or a State-designated early childhood education program, which may include home-based literacy programs for preschool aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include State-designated early childhood education programs) that have a demonstrated record of effectiveness in—

“(i) improving literacy achievement of children, consistent with the purposes of their participation, from birth through grade 12; and

“(ii) providing professional development in comprehensive literacy instruction.

“(3) High-need school

“(A) In general—The term high-need school means—

“(i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or

“(ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school.

“(B) Low-income family—For purposes of subparagraph (A), the term low-income family means a family—

“(i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

“(ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or

“(iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

“2402. Comprehensive literacy State development grants

changed “(a) Grants authorized—From the amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to States State educational agencies to enable the States 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 disadvantaged children; and

“(2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities.

“(b) Reservation—From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall reserve—

“(1) not more than a total of 5 percent for national activities including a national evaluation, technical assistance and training, data collection, and reporting;

“(2) one-half of 1 percent for the Secretary of the Interior to carry out a program described in this part at schools operated or funded by the Bureau of Indian Education; and

“(3) one-half of 1 percent for the outlying areas to carry out a program under this part.

changed “(c) Duration of grants—A grant awarded under this part shall be awarded for a period of not more than 5 years. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that—

“(1) the State has made adequate progress; and

“(2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d).

“(d) State applications

“(1) In general—A State educational agency desiring a grant under this part shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection.

“(2) Contents—An application described in paragraph (1) shall include, at a minimum, the following:

“(A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most pressing gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the categories of students, as defined in section 1111(b)(3)(A).

“(B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan.

“(C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (e).

“(D) An assurance that the State educational agency will use implementation grant funds described in subsection (e)(1) for comprehensive literacy instruction programs as follows:

“(i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry.

“(ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5.

“(iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12.

changed “(E) An assurance that the State educational agency shall will give priority in awarding a subgrant under section 2403 to an eligible entity that—

“(i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or

changed “(ii) consists of is a local educational agency serving a high number or percentage of high-need schools.

“(e) State activities

“(1) In general—A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process.

“(2) Reservation—A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities:

“(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs.

“(B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods.

“(C) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12.

“(D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement.

“(E) Administering and monitoring the implementation of subgrants by eligible entities.

“(3) Additional uses—After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities:

“(A) Developing literacy coach training programs and training literacy coaches.

“(B) Administration and evaluation of activities carried out under this part.

changed “2403. Subgrants to eligible entities in support literacy for children from of birth through kindergarten entryentry literacy

“(a) Subgrants

“(1) In general—A State educational agency receiving a grant under this part shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), use a portion of the grant funds, in accordance with section 2402(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry.

“(2) Duration—The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.

“(3) Sufficient size and scope—Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry.

“(b) Local applications—An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of—

“(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds;

“(2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development;

“(3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels;

“(4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and

“(5) such other information as the State educational agency may require.

“(c) Local uses of funds—An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to—

“(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders;

“(2) train providers and personnel to develop and administer high-quality early childhood education literacy initiatives; and

changed “(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.

“2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy

“(a) Subgrants to eligible entities

“(1) Subgrants—A State educational agency receiving a grant under this part shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2402(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c).

“(2) Duration—The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years.

“(3) Sufficient size and scope—A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided.

“(4) Local applications—An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information:

“(A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school.

changed “(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 core academic subjects.

“(E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education and after-school programs and activities in the area served by the local educational agency.

“(b) Local uses of funds for kindergarten through grade 5—An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5:

“(1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that—

“(A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level;

“(B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and

“(C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction.

changed “(2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff.

“(3) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives.

changed “(4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection.

“(5) Engaging families and encouraging family literacy experiences and practices to support literacy development.

“(c) Local uses of funds for grades 6 through 12—An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12:

“(1) Developing and implementing a comprehensive literacy instruction plan described in subsection (b)(1) for children in grades 6 through 12.

changed “(2) Training principals, specialized instruction support personnel, school librarians, and other school district personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12.

“(3) Assessing the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects.

changed “(4) Providing time for teachers to meet to plan research-based evidence-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects.

changed “(5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school librarians personnel in the literacy development of children served under this subsection.

“(d) Allowable uses—An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsection (b) or (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12:

“(1) Recruiting, placing, training, and compensating literacy coaches.

“(2) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children.

“(3) Training families and caregivers to support the improvement of adolescent literacy.

“(4) Providing for a multitier system of support.

“(5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success.

changed “(6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction.

“2405. National evaluation and information dissemination

“(a) National evaluation—From funds reserved under section 2402(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include evidence-based research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact.

“(b) Program improvement—The Secretary shall—

“(1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement;

“(2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; and

“(3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.

“2406. Supplement, not supplant

“Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds available to carry out activities described in this part.”

Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001 through 2004, is further amended by adding at the end the following:

“E Improving science, technology, engineering, and mathematics instruction and student achievement

“2501. Purpose

“The purpose of this part is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by—

“(1) improving instruction in such subjects through grade 12;

changed “(2) improving student engagement in, and increasing student access to, such subjects;subjects, including for students from groups underrepresented in such subjects, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students;

changed “(3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; andsubjects;

changed “(4) closing increasing student achievement gaps, and preparing more students access to be college high-quality informal and career ready, in after-school programs that target the identified subjects and improving the coordination of such subjects.programs with classroom instruction in the identified subjects; and

added “(5) closing student achievement gaps, and preparing more students to be college and career ready, in such subjects.

“2502. Definitions

“In this part:

“(1) Eligible subgrantee—The term “eligible subgrantee” means—

“(A) a high-need local educational agency;

“(B) an educational service agency serving more than 1 high-need local educational agency;

“(C) a consortium of high-need local educational agencies; or

“(D) an entity described in subparagraph (A) or (C) of paragraph (2) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this part in partnership with such entity.

“(2) Outside partner—The term “outside partner” means an entity that has expertise and a demonstrated record of success in improving student learning and engagement in the identified subjects described in section 2504(b)(2), including any of the following:

“(A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center.

“(B) A business.

“(C) An institution of higher education.

“(D) An educational service agency.

added “(3) STEM-focused specialty school—The term STEM-focused specialty school means a school, or a dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and mathematics, which include authentic school-wide research.

added “(4) STEM master teacher corps—The term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by—

added “(A) selecting candidates to be master teachers in the corps on the basis of—

added “(i) content knowledge based on a screening examination; and

added “(ii) pedagogical knowledge of and success in teaching;

added “(B) offering such teachers opportunities to—

added “(i) work with one another in scholarly communities;

added “(ii) participate in and lead high-quality professional development; and

added “(C) providing such teachers with additional appropriate and substantial compensation for the work described in subparagraph (B) and in the master teacher community.

removed “(3) STEM master teacher corps—The term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematic teachers, particularly in high-need and rural schools, by offering such teachers additional compensation, instructional resources, and instructional leadership roles.

“2503. Grants; allotments

“(a) In general—From amounts made available to carry out this part for a fiscal year, the Secretary shall award grants to State educational agencies, through allotments described in subsection (b), to enable State educational agencies to carry out the activities described in section 2505.

“(b) Distribution of Funds

“(1) In general—Subject to paragraph (2), for each fiscal year, the Secretary shall allot to each State—

“(A) an amount that bears the same relationship to 35 percent of the amount available to carry out this part for such year, as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and

“(B) an amount that bears the same relationship to 65 percent of the amount available to carry out this part for such year as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.

“(2) Funding minimum—No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year.

“(c) Reallotment of unused funds—If a State does not successfully apply for an allotment under this part, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section.

“2504. Applications

“(a) In General—Each State desiring an allotment under section 2503(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

“(b) Contents—At a minimum, an application submitted under subsection (a) shall include the following:

“(1) A description of the needs, including assets, identified by the State educational agency based on a State analysis, which shall include—

“(A) an analysis of science, technology, engineering, and mathematics education quality and outcomes in the State, which may include results from a pre-existing analysis;

added “(B) labor market information regarding the industry and business workforce needs within the State;

added “(C) information on student exposure to and retention in science, technology, engineering, and mathematics fields, including among low-income and underrepresented groups, which may include results from a pre-existing analysis; and

added “(D) an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in the State.

removed “(B) labor market information regarding the industry and business workforce needs within the State; and

removed “(C) an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in the State.

“(2) An identification of the specific subjects that the State educational agency will address through the activities described in section 2505, consistent with the needs identified under paragraph (1) (referred to in this part as identified subjects).

“(3) A description, in a manner that addresses any needs identified under paragraph (1), of—

“(A) how grant funds will be used by the State educational agency to improve instruction in the identified subjects;

“(B) the process that the State educational agency will use for awarding subgrants, including how relevant stakeholders will be involved;

added “(C) how the State’s proposed project will ensure increased access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields (which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students) to high-quality courses in 1 or more of the identified subjects; and

removed “(C) how the State's proposed project will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in 1 or more of the identified subjects; and

“(D) how the State educational agency will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction.

“2505. Authorized activities

“(a) Required activities—Each State educational agency that receives an allotment under this part shall use the grant funds reserved under subsection (d)(2) to carry out each of the following activities:

added “(1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in the identified subjects.

removed “(1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in the identified subjects.

“(2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects.

“(3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects.

“(b) Permissible activities—Each State educational agency that receives an allotment under this part may use the grant funds reserved under subsection (d)(2) to carry out 1 or more of the following activities:

“(1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a careers in the science, technology, engineering, and mathematics fields.

“(2) Providing induction and mentoring services to new teachers in identified subjects.

“(3) Developing instructional supports for identified subjects, such as curricula and assessments, which shall be evidence-based and aligned with challenging State academic standards under section 1111(b)(1).

“(4) Supporting the development of a State-wide STEM master teacher corps.

“(c) Subgrants

“(1) In General—Each State educational agency that receives a grant under this part shall use the amounts not reserved under subsection (d) to award subgrants, on a competitive basis, to eligible subgrantees to enable the eligible subgrantees to carry out the activities described in paragraph (4).

“(2) Minimum subgrant—A State educational agency shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this part.

“(3) Subgrantee application

“(A) In general—Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require.

“(B) Contents of subgrantee application—At a minimum, the application described in subparagraph (A) shall include the following:

added “(i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the State's identified subjects.

removed “(i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the State's identified subjects, in a manner consistent with scientifically valid research.

“(ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools.

added “(iii) A description of how the eligible subgrantee will use funds provided under this subsection for services and activities to increase access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in 1 or more of the State's identified subjects. Such activities and services may include after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of such subjects.

added “(iv) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006.

added “(v) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the State's identified subjects.

removed “(iii) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006.

removed “(iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the State's identified subjects.

“(4) Subgrantee use of funds

“(A) Required use of funds—Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, as described in the subgrantee's application, which shall include—

“(i) high-quality teacher and instructional leader recruitment, support, and evaluation in the State's identified subjects;

“(ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects;

“(iii) activities to—

“(I) improve the content knowledge of teachers in the State's identified subjects;

added “(II) facilitate professional collaboration, which may include providing time for such collaborations with school personnel, after-school program personnel, and personnel of informal programs that target the identified subjects; and

added “(III) improve the integration of informal and after-school programs that target the identified subjects with classroom instruction, such as through the use of strategic partnerships with science, technology, engineering, and mathematics researchers, and other professionals from relevant fields who may be able to assist in activities focused in science, technology, engineering, and mathematics; and

removed “(II) facilitate professional collaboration, which may include providing time for such collaborations; and

removed “(III) improve the integration of informal and after school programs that target the identified subjects, with classroom instruction; and

“(iv) the development, adoption, and improvement of high-quality curricula and instructional supports that—

“(I) are aligned with the challenging State academic standards under section 1111(b)(1); and

“(II) the eligible subgrantee will use to improve student academic achievement in the identified subjects.

“(B) Allowable use of funds—In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection may also use the subgrant funds to—

“(i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions);

added “(ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects;

added “(iii) broaden the access of secondary school students to early college high school or dual or concurrent enrollment courses in science, technology, engineering, or mathematics subjects, including providing professional development to teachers and leaders related to this work;

added “(iv) broaden student access to mentorship, tutoring, and after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of the State's identified subjects;

added “(v) partner with established after-school and science, technology, engineering, and mathematics networks to provide technical assistance to after-school programs to improve their practice, such as through developing quality standards and appropriate learning outcomes for science, technology, engineering, and mathematics programming in after-school programs;

added “(vi) provide hands-on learning and exposure to science, technology, engineering, and mathematics research facilities and businesses through in-person or virtual distance-learning experiences;

added “(vii) partner with current or recently retired science, technology, engineering, and mathematics professionals to engage students and teachers in instruction in such subjects;

added “(viii) tailor and integrate educational resources developed by Federal agencies, as appropriate, to improve student achievement in science, technology, engineering, and mathematics;

added “(ix) support the use of field-based or service learning that enables students to use the local environment and community as a learning resource and to enhance the students' understanding of the identified subjects through environmental science education; and

added “(x) address science, technology, engineering, and mathematics needs identified in the State plan under section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112), or by a local workforce development board under section 107(d), or in the local plan submitted under section 108, of such Act (29 U.S.C. 3122(d), 3123), for the State, local area (as defined in section 3 of such Act (29 U.S.C. 3102)), or region (as so defined) that the eligible subgrantee is serving; and

added “(xi) support the creation and enhancement of STEM-focused specialty schools that improve student academic achievement in science, technology, engineering, and mathematics, including computer science, and prepare more students to be ready for postsecondary education and careers in such subjects.

removed “(ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects; and

removed “(iii) broaden secondary school students' access to early college high schools, dual enrollment, or concurrent enrollment courses in science, technology, engineering, and mathematics subjects, including providing professional development to teachers and leaders related to this work.

“(C) Matching funds—A State may require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds, a portion of the amount of subgrant funds, in an amount determined by the State.

“(d) State Activities

“(1) In General—Each State educational agency that receives an allotment under this part may use not more than 5 percent of grant funds for—

“(A) administrative costs;

“(B) monitoring the implementation of subgrants;

“(C) providing technical assistance to eligible subgrantees; and

“(D) evaluating subgrants in coordination with the evaluation described in section 2506(c).

“(2) Reservation—Each State educational agency that receives an allotment under this part shall reserve not less than 15 and not more than 20 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b).

“2506. Performance metrics; report; evaluation

“(a) Establishment of performance metrics—The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this part.

“(b) Annual report—Each State educational agency that receives an allotment under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a).

added “(c) Evaluation and management—The Secretary shall—

removed “(c) Evaluation—The Secretary shall—

“(1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation—

added “(A) evaluate the implementation and impact of the activities supported under this part, including progress measured by the metrics established under subsection (a); and

added “(B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects;

added “(2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects;

added “(3) ensure that the Department is taking appropriate action to—

added “(A) identify all activities being supported under this part; and

added “(B) avoid unnecessary duplication of efforts between the activities being supported under this part and other programmatic activities supported by the Department or by other Federal agencies; and

added “(4) develop a rigorous system to—

added “(A) identify the science, technology, engineering, and mathematics education-specific needs of States and stakeholders receiving funds through subgrants under this part;

added “(B) make public and widely disseminate programmatic activities relating to science, technology, engineering, and mathematics that are supported by the Department or by other Federal agencies; and

added “(C) develop plans for aligning the programmatic activities supported by the Department and other Federal agencies with the State and stakeholder needs.

removed “(A) evaluate the implementation and impact of the activities supported under this part, including progress measured by the metrics established under subsection (a);

removed “(B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; and

removed “(C) ensure that the Department is taking appropriate action to avoid unnecessary duplication of efforts between the activities being supported under this part and other programmatic activities supported by the Department or by other Federal agencies; and

removed “(2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects.

“2507. Supplement not supplant

added “Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part.

added “2508. Report on cybersecurity education

added “Not later than June 1, 2016, the Secretary, acting through the Director of the Institute of Education Sciences, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and the Workforce of the House of Representatives, a report describing whether secondary and postsecondary education programs are meeting the need of public and private sectors for cyberdefense. Such report shall include—

added “(1) an assessment of the shortfalls in current secondary and postsecondary education needed to develop cybersecurity professionals, and recommendations to address such shortfalls;

added “(2) an assessment of successful secondary and postsecondary programs that produce competent cybersecurity professionals; and

added “(3) recommendations of subjects to be covered by elementary schools and secondary schools to better prepare students for postsecondary cybersecurity education.”

removed “Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part.”

Title III (20 U.S.C. 6801 et seq.) is amended—

Part A of title III (20 U.S.C. 6811 et seq.) is amended—

“(1) to help ensure that English learners, including immigrant children and youth, attain English proficiency, and develop high levels of academic achievement in English;

“(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that children who are English learners can meet the same challenging State academic standards that all children are expected to meet, consistent with section 1111(b)(1);

“(3) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth;

changed “(4) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instruction programs designed to prepare English learners, including immigrant children and youth, to enter all English all-English instruction settings;

“(5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners; and

“(6) to provide incentives to grantees to implement policies and practices that will lead to significant improvements in the instruction and achievement of English learners.”

“(A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State.

“(B) Providing effective teacher and principal preparation, professional development activities, and other evidence-based activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—

“(i) meeting State and local certification and licensing requirements for teaching English learners; and

“(ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners.

“(C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).

“(D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in—

“(i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners, including those in early childhood settings;

“(ii) helping English learners meet the same State academic standards that all children are expected to meet;

“(iii) identifying or developing, and implementing, measures of English proficiency; and

“(iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners.

“(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting—

“(i) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and

“(ii) the challenging State academic standards described in section 1111(b)(1).”

“(3) Use of data for determinations—In making State allotments under paragraph (2)(A) for each fiscal year, the Secretary shall—

“(A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be—

“(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates;

“(ii) the number of students being assessed for English language proficiency, based on the State's English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or

“(iii) a combination of data available under clauses (i) and (ii); and

“(B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.”

“(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State;

“(3) provide an assurance that—

“(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) to annually assess in English all English learners who have been in the United States for 3 or more years;

“(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G);

“(C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools;

“(D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners;

“(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards described in section 1111(b)(1);

“(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and

“(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders;

“(4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate;

“(5) describe how each eligible entity will be given the flexibility to teach English learners—

changed “(A) using a high quality, high-quality, effective language instruction curriculum for teaching English learners; and

“(B) in the manner the eligible entities determine to be the most effective;

“(6) describe how the agency will assist eligible entities in meeting—

“(A) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and

“(B) the challenging State academic standards described in section 1111(b)(1);

“(7) describe how the agency will assist eligible entities in decreasing the number of English learners who have not yet acquired English proficiency within 5 years of their initial classification as an English learner;

“(8) describe how the agency will ensure that the unique needs of the State’s population of English learners and immigrant children and youth are being addressed; and

changed “(9) describe how the agency will monitor and evaluate the progress of each eligible entity receiving funds under this part subpart toward meeting the timelines and goals for English proficiency required under section 1111(c)(1)(K) and the steps the State will take to further assist eligible entities if such strategies funded under this part are not effective in making such progress and meeting academic goals established under section 1111(b)(3)(B)(i) for English learners, such as providing technical assistance and modifying such strategies.”

“3115. Subgrants to eligible entities

“(a) Purposes of subgrants—A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards described in section 1111(b)(1). In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes:

“(1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs.

“(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth.

“(3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth.

“(4) Implementing, within the entire jurisdiction of a local educational agency, agency-wide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth.

“(b) Direct administrative expenses—Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart.

“(c) Required subgrantee activities—An eligible entity receiving funds under section 3114(a) shall use the funds—

“(1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and are based on high-quality research demonstrating success in increasing—

“(A) English language proficiency; and

“(B) student academic achievement;

“(2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, other school leaders, administrators, and other school or community-based organizational personnel, that is—

“(A) designed to improve the instruction and assessment of English learners;

“(B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement appropriate curricula, assessment practices, and instruction strategies for English learners;

“(C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and

“(D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and

“(3) to provide and implement effective parent, family, and community engagement activities in order to enhance or supplement language instruction educational programs for English Learners.

“(d) Authorized subgrantee activities—Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve 1 of the purposes described in subsection (a) by undertaking 1 or more of the following activities:

changed “(1) Upgrading program objectives and effective instruction instructional strategies.

changed “(2) Improving the instruction instructional program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures.

“(3) Providing to English learners—

changed “(A) tutorials and academic or career and technical education; andeducation;

changed “(B) intensified instruction.instruction, which may include linguistically responsive materials; and

added “(C) bilingual paraprofessionals, which may include interpreters 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 academic achievement of English learners.

“(6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families—

“(A) to improve the English language skills of English learners; and

“(B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children.

“(7) Improving the instruction of English learners, including English learners with a disability, by providing for—

“(A) the acquisition or development of educational technology or instructional materials;

“(B) access to, and participation in, electronic networks for materials, training, and communication; and

“(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart.

“(8) Carrying out other activities that are consistent with the purposes of this section.

“(e) Activities by agencies experiencing substantial increases in immigrant children and youth

“(1) In general—An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include—

“(A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children;

“(B) recruitment of, and support for personnel, including early childhood educators, teachers, paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth;

“(C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth;

“(D) identification and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds;

removed “(E) basic instruction services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services;

changed “(F) other “(E) basic instruction services that are designed directly attributable to assist the presence of immigrant children and youth to achieve in elementary schools and secondary schools in the United States, local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as programs of introduction are directly attributable to the educational system and civics education; andsuch additional basic instructional services;

added “(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) Duration of subgrants—The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion.

“(f) Selection of method of instruction

“(1) In general—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards described in section 1111(b)(1).

“(2) Consistency—Such selection shall be consistent with sections 3124 through 3126.

“(g) Supplement, not supplant—Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds.”

“(1) describe the high-quality programs and activities proposed to be developed, implemented, and administered under the subgrant and how these activities will help English learners increase their English language proficiency and meet the challenging State academic standards described in section 1111(b)(1);

changed “(2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in meeting—

“(A) annual timelines and goals for progress established under 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and

“(B) the challenging State academic standards described in section 1111(b)(1);

“(3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners;

“(4) describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English proficiency and demonstrate such proficiency through academic content mastery;

“(5) contain assurances that—

“(A) each local educational agency that is included in the eligible entity is complying with section 1112(d)(2) prior to, and throughout, each school year as of the date of application, and will continue to comply with such section throughout each school year for which the grant is received;

“(B) the eligible entity complies with any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126;

“(C) the eligible entity has based its proposed plan on high-quality research on teaching English learners;

“(D) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and

“(E) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers.”

“3121. Reporting

“(a) In general—Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes—

“(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years;

“(2) the number and percentage of English learners in the programs and activities who meet the annual State-determined goals for progress established under section 1111(c)(1)(K), including disaggregated, at a minimum, by—

“(A) long-term English learners; and

“(B) English learners with a disability;

“(3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(F) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G);

“(4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency;

changed “(5) the number and percentage of English learners meeting challenging State academic standards described in section 1111(b)(1) for each of the 2 4 years after such children are no longer receiving services under this part, including disaggregated, at a minimum, by—

“(A) long-term English learners; and

“(B) English learners with a disability;

“(6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner; and

“(7) any other information as the State educational agency may require.

“(b) Report—A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement or programs and activities under this part.

“(c) Special rule for specially qualified agencies—Each specially qualified agency receiving a grant under this part shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection.”

“3131. National professional development project

“The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development, capacity building, or evidence-based activities that will improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used—

“(1) for preservice or inservice effective professional development programs that will assist local schools and may assist institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness;

“(2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved;

“(3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners;

“(4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs;

“(5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and

“(6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs to elementary school programs.”

removed “3141. Definitions

removed “In this part—

removed “(1) the term eligible entity means—

removed “(A) one or more local educational agencies; or

removed “(B) one or more local educational agencies, in collaboration with an institution of higher education, educational service agency, community-based organization, or a State educational agency;

removed “(2) the term English Learner with a disability means an English learner who is also a “child with a disability,” as that term is defined in section 602 of the Individuals with Disabilities Education Act; and

removed “(3) the term long-term English learner means an English learner who has attended schools in the United States for not less than 5 years and who has not yet been exited from English learner status by the culmination of the fifth year of services.”

Part B of title III, as redesignated by section 3001(4), is amended—

added “(3) Eligible entity—The term eligible entity means—

added “(A) one or more local educational agencies; or

added “(B) one or more local educational agencies, in collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.

added “(4) English learner with a disability—The term English learner with a disability means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.”

added “(8) Long-term English learner—The term long-term English learner means an English learner who has attended schools in the United States for not less than 5 years and who has not yet exited from English learner status by the culmination of the fifth year of services.”

Part A of title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:

“A Grants to States and local educational agencies

“4101. Purpose

“The purpose of this part is to improve students’ safety, health, well-being, and academic achievement during and after the school day by—

“(1) increasing the capacity of local educational agencies, schools, and local communities to improve conditions for learning through the creation of safe, healthy, supportive, and drug-free environments;

“(2) carrying out programs designed to improve school safety and promote students’ physical and mental health and well-being;

“(3) preventing and reducing substance use and abuse, school violence, harassment, and bullying; and

“(4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment.

“4102. Definitions

“In this part:

“(1) Controlled substance—The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

changed “(2) Drug—The term drug includes controlled substances, the illegal use of alcohol or tobacco, tobacco (including smokeless tobacco products and electronic cigarettes), and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids.

“(3) Drug and violence prevention—The term drug and violence prevention means—

changed “(A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs; drugs, such as raising awareness about the evidence-based consequences of drug use; and

“(B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others.

“(4) School-based mental health services provider—The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such mental health services to children and adolescents, including children in early childhood education programs.

“(5) State—The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“4103. Formula grants to States

“(a) Reservations—From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve—

“(1) not more than 5 percent for national activities, which the Secretary may carry out directly or through grants, contracts, or agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this part or conducting a national evaluation;

“(2) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part;

“(3) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education; and

“(4) such funds as may be necessary for the Project School Emergency Response to Violence program (referred to as “Project SERV”), which is authorized to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis, and which funds shall remain available for obligation until expended.

“(b) State allotments

“(1) Allotment

“(A) In general—In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this part for any fiscal year and not reserved under subsection (a).

“(B) Determination of state allotment amounts—Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of individuals, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year.

“(2) Small state minimum—No State receiving an allotment under paragraph (1) shall receive less than one-half of 1 percent of the total amount allotted under such paragraph.

“(3) Puerto rico—The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph.

“(4) Reallotment—If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section.

“(c) State use of funds

“(1) In general—Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies, which may include consortia of such agencies, under section 4104.

“(2) State administration—A State educational agency shall use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this part.

“(3) State activities—A State educational agency shall use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for activities and programs designed to meet the purposes of this part, which—

“(A) shall include—

“(i) providing training, technical assistance, and capacity building to local educational agencies that are recipients of a subgrant under section 4104, which may include identifying and disseminating best practices for professional development and capacity building for teachers, administrators, and specialized instructional support personnel in schools that are served by local educational agencies under this part; and

“(ii) publicly reporting on how funds made available under this part are being expended by local educational agencies under section 4104; and

“(B) may include—

“(i) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this part, so that local educational agencies can better coordinate with other agencies, schools and community-based services and programs;

changed “(ii) assisting local educational agencies to expand access to or coordination of resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs described in section 4105(a)(4);4105(a)(4)(C);

“(iii) supporting programs and activities that offer a variety of well-rounded educational experiences to students;

“(iv) supporting activities that promote physical and mental health and well-being for students and staff;

changed “(v) designing and implementing a grant process for local entities that wish to use funds to reduce exclusionary discipline practices in elementary schools and secondary schools, in a manner consistent with State or federally identified best practices on the subject; andsubject;

changed “(vi) other activities identified by assisting in the State that meet creation of a continuum of evidence-based or promising practices in the purposes reduction of this part.juvenile delinquency;

added “(vii) promoting gender equity in education by supporting local educational agencies in meeting the requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

added “(viii) providing local educational agencies with evidence-based resources—

added “(I) addressing—

added “(aa) student athletic safety, such as developing a plan for concussion safety and recovery practices (which may include policies that prohibit student athletes suspected of having a concussion from returning to play the same day);

added “(bb) cardiac conditions such as cardiomyopathy; and

added “(cc) exposure to excessive heat and humidity; and

added “(II) relating to the development of recommended guidelines for an emergency action plan for youth athletics;

added “(ix) designing and implementing evidence-based mental health awareness training programs for the purposes of—

added “(I) recognizing the signs and symptoms of mental illness;

added “(II) providing education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health; or

added “(III) providing education to school personal regarding the safe de-escalation of crisis situations involving a student with a mental illness; and

added “(x) other activities identified by the State that meet the purposes of this part.

“(d) State plan

“(1) In general—In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require.

“(2) Contents—Each plan submitted by a State under this section shall include the following:

“(A) A description of how the State educational agency will use funds received under this part for State-level activities.

“(B) A description of program objectives and outcomes for activities under this part.

“(C) An assurance that the State educational agency will review existing resources and programs across the State and will coordinate any new plans and resources under this part with such existing programs and resources.

“(D) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities.

“(3) Annual report—Each State receiving a grant under this part shall annually prepare and submit a report to the Secretary, which shall include—

“(A) how the State and local educational agencies used funds provided under this part; and

“(B) the degree to which the State and local educational agencies have made progress toward meeting the objectives and outcomes described in the plan submitted by the State under paragraph (2)(B).

added “(e) Project SERV

added “(1) Additional use of funds—Funds available under subsection (a)(4) for extended services grants under the Project School Emergency Response to Violence program (referred to in this subsection as the Project SERV program) may be used by a local educational agency or institution of higher education receiving such grant 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, and as provided in this subsection.

added “(2) Application process

added “(A) In general—A local educational agency or institution of higher education desiring to use a portion of extended services grant funds under the Project SERV program to initiate or strengthen a violence prevention activity shall—

added “(i) submit, in an application that meets all requirements of the Secretary for the Project SERV program, the information described in subparagraph (B); or

added “(ii) in the case of a local educational agency or institution of higher education that has already received an extended services grant under the Project SERV program, submit an addition to the original application that includes the information described in subparagraph (B).

added “(B) Application requirements—The information required under this subparagraph is the following:

added “(i) A demonstration that there is a continued disruption or a substantial risk of disruption to the learning environment that would be addressed by such activity.

added “(ii) An explanation of the proposed activity designed to restore and preserve the learning environment.

added “(iii) A budget and budget narrative for the proposed activity.

added “(3) Award basis—Any award of funds under the Project SERV program for violence prevention activities under this subsection shall be subject to the discretion of the Secretary and the availability of funds.

added “(4) Prohibited use—No funds provided to a local educational agency or institution of higher education under the Project SERV program for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the local educational agency or institution.

“4104. Subgrants to local educational agencies

“(a) Allocations to local educational agencies

“(1) In general—A State that receives an allotment under this part for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies, which may include consortia of such agencies, in accordance with this section.

“(2) Funds to local educational agencies—From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency or consortium of such agencies in the State an amount that bears the same relationship to such funds as the number of individuals aged 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined.

“(3) Administrative costs—Of the amount received under paragraph (2), a local educational agency or consortium of such agencies may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part.

“(b) Local applications

“(1) In general—To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.

“(2) Consultation

added “(A) In general—A local educational agency or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part.

removed “(A) In general—A local educational agency or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives, Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part.

“(B) Continued consultation—On an ongoing basis, the local educational agency or consortium of such agencies shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best—

“(i) to improve the local activities in order to meet the purpose of this part; and

“(ii) to coordinate such activities under this part with other related strategies, programs, and activities being conducted in the community.

“(3) Needs assessment

“(A) In general—To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served and of all schools within the jurisdiction of the local educational agency or agencies proposed to be served.

added “(B) Requirements—In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall—

added “(i) take into account applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and

added “(ii) take into account risk factors in the community, school, family, or peer-individual domains that—

added “(I) are known through prospective, longitudinal research efforts to be predictive of drug use, violent behavior, harassment, disciplinary issues, and to have an effect on the physical and mental health and well-being of youth in the school and community; and

added “(II) may include using available State and local data on incidence, prevalence, and perception of such risk factors.

removed “(B) Requirements—In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall take into account—

removed “(i) applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and

removed “(ii) risk factors in the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, harassment, disciplinary issues, and having an effect on the physical and mental health and well-being of youth in the school and community.

“(4) Contents—Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following:

“(A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section.

“(B) A description of the activities that the local educational agency or consortium of such agencies will carry out under this part and how these activities are aligned with the results of the needs assessment conducted under paragraph (3).

“(C) A description of the performance indicators that the local educational agency or consortium of such agencies will use to evaluate the effectiveness of the activities carried out under this section.

added “(D) a description of the programs or activities that the local educational agency or consortium of such agencies will carry out under this part to assist schools in facilitating safe relationship behavior between and among students, as determined necessary by the local educational agency to meet the purposes of this part and which may include—

added “(i) providing age-appropriate education and training, and

added “(ii) improving instructional practices on developing effective communication skills, and on how to recognize and prevent coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment.

added “(E) An assurance that such activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day.

added “(F) An assurance that the local educational agency or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies that—

removed “(D) An assurance that such activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day.

removed “(E) An assurance that the local educational agency or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies that—

“(i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3);

“(ii) have the highest percentages or numbers of children counted under section 1124(c);

“(iii) are identified under section 1114(a)(1)(A); or

“(iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532.

added “(G) An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers).

removed “(F) An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers).

“4105. Local educational agency authorized activities

added “(a) Local educational agency activities—A local educational agency or consortium of such agencies that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs and may be conducted in partnership with nonprofit organizations with a demonstrated record of success in implementing activities, that are in accordance with the purpose of this part and—

removed “(a) Local educational agency activities—A local educational agency or consortium of such agencies that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs and may be conducted in partnership with nonprofit organizations with a demonstrated track-record of success in implementing activities, that are in accordance with the purpose of this part and—

“(1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement;

“(2) are consistent with the principles of effectiveness described in subsection (b);

“(3) promote the involvement of parents in the activity or program, as appropriate; and

“(4) may include, among other programs and activities—

added “(A) drug and violence prevention activities and programs (including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes), including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral, as related to drug and violence prevention;

added “(B) programs that support extended learning opportunities, including before- and after-school programs and activities, programs during summer recess periods, and expanded learning time;

removed “(A) drug and violence prevention activities and programs, including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, and, where appropriate, rehabilitation referral, as related to drug and violence prevention;

removed “(B) programs that support extended learning opportunities, including before and after school programs and activities, programs during summer recess periods, and expanded learning time;

“(C) in accordance with subsections (c) and (d), school-based mental health services, including early identification of mental-health symptoms, drug use and violence, and appropriate referrals to direct individual or group counseling services provided by qualified school or community-based mental health services providers;

“(D) in accordance with subsections (c) and (d), school-based mental health services partnership programs that—

“(i) are conducted in partnership with a public or private mental-health entity or health care entity, which may also include a child welfare agency, family-based mental health entity, trauma network, or other community-based entity; and

“(ii) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed and evidence practices, are coordinated (where appropriate) with early intervening services carried out under the Individuals with Disabilities Education Act, are provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise, and may include—

“(I) the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services;

“(II) notwithstanding section 4107, the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders;

“(III) the development and implementation of programs to assist children in dealing with trauma and violence; and

“(IV) the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence;

“(E) emergency planning and intervention services following traumatic crisis events;

“(F) programs that train school personnel to identify warning signs of youth drug abuse and suicide;

added “(G) mentoring programs and activities for children who—

added “(i) are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, drug use and abuse; or

added “(ii) lack strong positive role models;

added “(H) early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as—

added “(i) postsecondary education and career awareness and exploration activities;

added “(ii) efforts to enhance the use of information about local workforce needs in postsecondary education and career guidance programs, which may include training counselors to effectively utilize labor market information in assisting students with postsecondary education and career planning;

added “(iii) the development of personalized learning plans for students; and

added “(iv) financial literacy and Federal financial aid awareness activities;

removed “(G) mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, drug use and abuse, or who lack strong positive role models;

removed “(H) early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as financial literacy and Federal financial aid awareness efforts;

“(I) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for early childhood, elementary school, and secondary school students;

“(J) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction;

“(K) programs and activities that offer a variety of well-rounded educational experience for students, such as those that—

added “(i) use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution;

added “(ii) further students’ understanding and knowledge of computer science from elementary school through secondary school; or

added “(iii) promote volunteerism and community service;

removed “(i) use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution; or

removed “(ii) further students’ understanding of and knowledge in computer science from elementary school through secondary school;

“(L) systems of high-capacity, integrated student supports;

“(M) strategies that establish learning environments to further students’ academic and nonacademic skills essential for school readiness and academic success, such as by providing integrated systems of student and family supports and building teacher, principal, and other school leader capacity;

“(N) bullying and harassment prevention programs or activities, including professional development and training for school and specialized instructional support personnel in the prevention, early identification, and early intervention, as related to bullying and harassment;

added “(O) programs or activities designed to increase school safety and improve school climate, which may include training for school personnel related to conflict prevention and resolution practices and raising awareness of issues such as—

added “(i) suicide prevention;

added “(ii) effective and trauma-informed practices in classroom management;

added “(iii) crisis management techniques;

added “(iv) conflict resolution practices;

added “(v) 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)); and

added “(vi) school-based violence prevention strategies;

added “(P) programs or activities that integrate health and safety practices into school or athletic programs, such as developing a plan for concussion safety and recovery or cardiac safety or implementing an excessive heat action plan to be used during school-sponsored athletic activities;

added “(Q) pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government;

added “(R) programs or activities to connect youth who are involved in, or are at risk of involvement in, juvenile delinquency or street gang activity to evidence-based and promising prevention and intervention practices related to juvenile delinquency and criminal street gang activity;

added “(S) child sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide—

added “(i) age-appropriate and developmentally-appropriate instruction for early childhood education program, elementary school, and secondary school students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and

added “(ii) information to parents and guardians of early childhood education program, elementary school, and secondary school students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child;

added “(T) the development and implementation of a school asthma management plan;

added “(U) assisting schools in educating children facing substance abuse in the home, which may include providing professional development, training, and technical assistance to elementary schools and secondary schools that serve communities with high rates of substance abuse;

added “(V) instructional and support activities and programs, such as activities and programs addressing chronic disease management, led by school nurses, nurse practitioners, social workers, and other appropriate specialists or professionals to help maintain the well-being of students;

added “(W) programs and activities that facilitate safe relationship behavior between and among students;

added “(X) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as—

added “(i) establishing partnerships within the community to provide resources and support for schools;

added “(ii) ensuring all service and community partners are aligned with the academic expectations of a community school in order to improve student success; and

added “(iii) strengthening relationships between schools and communities; and

added “(Y) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part.

removed “(O) programs or activities designed to increase school safety and climate, including conflict resolution practices, crisis management techniques, and other school-based violence prevention strategies;

removed “(P) pay for success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; and

removed “(Q) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part.

“(b) Principles of effectiveness

added “(1) In general—For a program or activity developed or carried out under this part to meet principles of effectiveness, such program or activity shall—

removed “(1) In general—For a program or activity developed or carried out under this part to meet the principles of effectiveness, such program or activity shall—

“(A) be based upon an assessment of objective data regarding the need for programs and activities in the early childhood, elementary school, secondary school, or community to be served to—

“(i) improve school safety and promote students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness; and

“(ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment;

“(B) be based upon established State requirements and evidence-based criteria aimed at ensuring a healthy, safe, and supportive school environment for students in the early childhood, elementary school, secondary school, or community that will be served by the program; and

“(C) include meaningful and ongoing consultation with and input from teachers, principals, school leaders, and parents in the development of the application and administration of the program or activity.

“(2) Periodic evaluation

added “(A) In general—The program or activity shall undergo a periodic independent, third-party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being.

removed “(A) In general—The program or activity shall undergo a periodic independent, third party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being.

“(B) Use of results—The local educational agency or consortium of such agencies shall ensure that the results of the periodic evaluations described under subparagraph (A) are—

“(i) used to refine, improve, and strengthen the program or activity, and to refine locally determined criteria described under paragraph (1)(B); and

“(ii) made available to the public and the State.

“(3) Prohibition—Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control, the principles of effectiveness developed or utilized by a local educational agency under this subsection.

“(c) Parental consent

“(1) In general—Each local educational agency receiving a subgrant under this part shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment service or treatment that is funded under this part and conducted in connection with an elementary school or secondary school under this part.

“(2) Exception—Notwithstanding paragraph (1), the written, informed consent described in such paragraph shall not be required in—

“(A) an emergency, where it is necessary to protect the immediate health and safety of the student, other students, or school personnel; or

“(B) other instances where parental consent cannot be reasonably obtained, as defined by the Secretary.

added “(d) Privacy—Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”).

removed “(d) Privacy—Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act (20 U.S.C. 1232g)(commonly referred to as the “Family Educational Rights and Privacy Act of 1974”).

“4106. Supplement, not supplant

“Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part.

“4107. Prohibitions

“(a) Prohibited use of funds—No funds under this part may be used for—

“(1) construction; or

“(2) medical services or drug treatment or rehabilitation, except for integrated student supports or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs.

“(b) Prohibition on mandatory medication—No child shall be required to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of receiving an evaluation, services, or attending a school receiving assistance under this part.

“4108. Authorization of appropriations

“There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.”

“B 21st century community learning centers

“4201. Purpose; definitions

“(a) Purpose—The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that—

“(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet challenging State academic standards described in section 1111(b)(1);

changed “(2) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, physical fitness and wellness programs, technology education programs, financial literacy programs, math, 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 students that are designed to reinforce and complement the regular academic program of participating students; and

“(3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development.

“(b) Definitions—In this part:

“(1) Community learning center—The term community learning center means an entity that—

“(A) assists students to meet challenging State academic standards described in section 1111(b)(1) by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that—

“(i) reinforce and complement the regular academic programs of the schools attended by the students served; and

“(ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and

“(B) offers families of students served by such center opportunities for literacy, and related educational development and opportunities for active and meaningful engagement in their children’s education.

“(2) Covered program—The term covered program means a program for which —

“(A) the Secretary made a grant under part B of title IV (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015); and

“(B) the grant period had not ended on that date of enactment.

“(3) Eligible entity—The term eligible entity means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 450b)), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities.

“(4) External organization—The term external organization means—

“(A) a nonprofit organization with a record of success in running or working with after school programs; or

“(B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a formal agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance.

“(5) Rigorous peer-review process—The term rigorous peer-review process means a process by which—

“(A) employees of a State educational agency who are familiar with the 21st century community learning center program under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility;

“(B) the State educational agency selects peer reviewers for such applications, who shall—

“(i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and

“(ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and

“(C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205.

“(6) State—The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

“4202. Allotments to states

“(a) Reservation—From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve—

“(1) such amounts as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants);

“(2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and

“(3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part.

“(b) State allotments

“(1) Determination—From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection.

“(2) Reallotment of unused funds—If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this part.

“(c) State use of funds

“(1) In general—Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204.

“(2) State administration—A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for—

“(A) the administrative costs of carrying out its responsibilities under this part;

changed “(B) establishing and implementing a rigorous peer-review process for grant subgrant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and

“(C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities).

“(3) State activities—A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities:

“(A) Monitoring and evaluation of programs and activities assisted under this part.

“(B) Providing capacity building, training, and technical assistance under this part.

“(C) Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part.

changed “(D) Providing training and technical assistance to eligible entities who 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 activities provided by the program with State academic standards.

“(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community.

“(G) Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs under this part.

“(H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs.

“(I) Providing a list of prescreened external organizations, as described in section 4203(a)(11).

“4203. State application

“(a) In general—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that—

“(1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part;

“(2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities;

“(3) contains an assurance that the State educational agency—

“(A) will make awards under this part to eligible entities that serve students who primarily attend schools that have been identified under section 1114(a)(1)(A) and other schools determined by the local educational agency to be in need of intervention and support and the families of such students; and

“(B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i);

“(4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet State and local content and student academic achievement standards;

“(5) describes how the State educational agency will ensure that awards made under this part are—

“(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and

“(B) in amounts that are consistent with section 4204(h);

“(6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content areas as well as youth development;

“(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate;

“(8) contains an assurance that the State educational agency—

“(A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and

“(B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends;

“(9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs;

“(10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed;

“(11) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this part, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process;

“(12) provides—

changed “(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 before- and after school after-school (or summer school) programs, the heads of the State health and mental health agencies or their designees, statewide after school after-school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and

“(B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable;

changed “(13) describes the results of the State's needs and resources assessment for before before- and after school after-school activities, which shall be based on the results of on-going State evaluation activities;

“(14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum—

“(A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that—

“(i) are able to track student success and improvement over time;

“(ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and

“(iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities;

“(B) a description of how data collected for the purposes of subparagraph (A) will be collected; and

“(C) public dissemination of the evaluations of programs and activities carried out under this part; and

“(15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission.

“(b) Deemed approval—An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.

changed “(c) Disapproval—The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing.

“(d) Notification—If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall—

“(1) give the State educational agency notice and an opportunity for a hearing; and

changed “(2) notify the State educational agency of the finding of noncompliance, noncompliance and, in such notification, shall—notification—

“(A) cite the specific provisions in the application that are not in compliance; and

“(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

“(e) Response—If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of—

“(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

“(2) the expiration of the 120-day period described in subsection (b).

“(f) Failure To Respond—If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.

“(g) Limitation—The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day.

changed “4204. Local competitive grant subgrant program

“(a) In General

changed “(1) Community learning centers—A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part.

“(2) Expanded learning program activities—A State that receives funds under this part for a fiscal year may also use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that—

“(A) are included as part of an expanded learning program that provide students at least 300 additional program hours before, during, or after the traditional school day;

“(B) supplement but do not supplant school day requirements; and

“(C) are awarded to entities that meet the requirements of subsection (i).

“(b) Application

changed “(1) In general—To be eligible to receive an award a subgrant under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require.

“(2) Contents—Each application submitted under paragraph (1) shall include—

“(A) a description of the activities to be funded, including—

“(i) an assurance that the program will take place in a safe and easily accessible facility;

“(ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and

“(iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible;

“(B) a description of how such activities are expected to improve student academic achievement as well as overall student success;

“(C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources;

changed “(D) an assurance that the proposed program was developed, developed and will be carried out—

“(i) in active collaboration with the schools the students attend (including through the sharing of relevant student data among the schools), all participants in the eligible entity, and any partnership entities described in subparagraph (H), while complying with applicable laws relating to privacy and confidentiality; and

“(ii) in alignment with State and local content and student academic achievement standards;

changed “(E) a description of how the activities will meet the principles measures of effectiveness described in section 4205(b);

changed “(F) an assurance that the program will target students who primarily attend schools eligible for schoolwide programs under section 1114 1113(b) and the families of such students;

changed “(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 activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;

“(H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate;

“(I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families);

“(J) a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students;

“(K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends;

“(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application;

“(M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volunteers; and

“(N) such other information and assurances as the State educational agency may reasonably require.

“(c) Approval of certain applications—The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school.

“(d) Permissive local match

changed “(1) In general—A State educational agency may require an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the grant award subgrant and may not be derived from other Federal or State funds.

changed “(2) Sliding scale—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that takes into account—

“(A) the relative poverty of the population to be targeted by the eligible entity; and

“(B) the ability of the eligible entity to obtain such matching funds.

“(3) In-kind contributions—Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions.

changed “(4) Consideration—Notwithstanding this subsection, a State educational agency shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive awards subgrants under this part.

changed “(e) Peer review—In reviewing local applications under this part, a State educational agency shall use a rigorous peer-review process or other methods of assuring ensuring the quality of such applications.

changed “(f) Geographic diversity—To the extent practicable, a State educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including urban and rural communities.

changed “(g) Duration of awards—Grants awards—Subgrants under this part shall be awarded for a period of not less than 3 years and not more than 5 years.

changed “(h) Amount of awards—A grant subgrant awarded under this part may not be made in an amount that is less than $50,000.

“(i) Priority

changed “(1) In general—In awarding grants 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) have been identified under section 1114(a) and other schools determined by the local educational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and

“(II) enroll students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models; and

“(ii) the families of students described in clause (i);

“(B) submitted jointly by eligible entities consisting of not less than 1—

“(i) local educational agency receiving funds under part A of title I; and

“(ii) another eligible entity; and

“(C) demonstrating that the activities proposed in the application—

“(i) are, as of the date of the submission of the application, not accessible to students who would be served; or

“(ii) would expand accessibility to high-quality services that may be available in the community.

“(2) Special rule—The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part.

“(3) Limitation—A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day.

changed “(j) Renewability of awards—A State educational agency may renew a grant subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the original grant subgrant period.

“4205. Local activities

“(a) Authorized activities—Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including—

“(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with—

“(A) State and local content and student academic achievement standards; and

“(B) local curricula that are designed to improve student academic achievement;

“(2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment;

changed “(3) literacy education programs, including financial literacy programs and environmental literacy programs;

“(4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs;

“(5) services for individuals with disabilities;

changed “(6) programs that provide after school after-school activities for students who are English learners that emphasize language skills and academic achievement;

“(7) cultural programs;

“(8) telecommunications and technology education programs;

“(9) expanded library service hours;

“(10) parenting skills programs that promote parental involvement and family literacy;

“(11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement;

“(12) drug and violence prevention programs and counseling programs;

changed “(13) programs that build skills in science, technology, engineering engineering, and mathematics (referred to in this paragraph as “STEM”) and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and

“(14) programs that partner with in-demand fields of the local workforce or build career competencies and career readiness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act.

“(b) Measures of effectiveness

“(1) In general—For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall—

changed “(A) be based upon an assessment of objective data regarding the need for before before- and after school after-school programs (including during summer recess periods) and activities in the schools and communities;

changed “(B) be based upon an established set of performance measures aimed at ensuring the availability of high quality high-quality academic enrichment opportunities;

changed “(C) if appropriate, be based upon evidence-based research that provides evidence that the program or activity will help students meet the State and local student academic achievement standards;

“(D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and

“(E) collect the data necessary for the measures of student success described in subparagraph (D).

“(2) Periodic evaluation

changed “(A) In general—The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program's progress toward achieving the goal of providing high quality high-quality opportunities for academic enrichment and overall student success.

“(B) Use of results—The results of evaluations under subparagraph (A) shall be—

“(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures;

“(ii) made available to the public upon request, with public notice of such availability provided; and

changed “(iii) used by the State to determine whether a grant subgrant is eligible to be renewed under section 4204(j).

“4206. Authorization of appropriations

“There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.”

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is further amended by inserting after part B the following:

“C Elementary school and secondary school counseling programs

“4301. Elementary school and secondary school counseling programs

“(a) Grants authorized

“(1) In general—The Secretary is authorized to award grants to eligible entities to enable such agencies to establish or expand elementary school and secondary school counseling programs that comply with the requirements of subsection (c).

“(2) Special consideration—In awarding grants under this section, the Secretary shall—

“(A) give special consideration to applications describing programs that—

“(i) demonstrate the greatest need for new or additional counseling services among children in the schools served by the eligible entity, in part by providing information on current ratios, as of the date of application for a grant under this section, of students to school counselors, students to school social workers, and students to school psychologists;

“(ii) propose promising and innovative approaches for initiating or expanding school counseling; and

“(iii) show strong potential for replication and dissemination; and

“(B) give priority to—

“(i) schools that serve students in rural and remote areas;

changed “(ii) schools in need of improvement intervention and support and schools that are the persistently lowest achieving lowest-achieving schools; or

“(iii) schools with a high percentage of students aged 5 through 17 who—

“(I) are in poverty, as counted in the most recent census data approved by the Secretary;

changed “(II) are eligible for a free or reduced priced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

“(III) are in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or

“(IV) are eligible to receive medical assistance under the Medicaid program.

“(3) Equitable distribution—In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among eligible entities located in urban, rural, and suburban areas.

“(4) Duration—A grant under this section shall be awarded for a period not to exceed 3 years.

“(5) Maximum grant—A grant awarded under this section shall not exceed $400,000 for any fiscal year.

“(b) Applications

“(1) In general—Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

“(2) Contents—Each application for a grant under this section shall—

“(A) describe the school population to be targeted by the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs;

“(B) include the information described in subparagraphs (B) through (D) of section 4104(b)(4), with respect to the grant under this part;

“(C) document that the eligible entity has personnel qualified to develop, implement, and administer the program; and

changed “(D) document how the eligible entity will engage in meaning meaningful consultation with parents and families in the development of such program.

changed “(c) Use of funds—Each eligible entity receiving a grant under this part shall use grant funds to develop, implement, and evaluate comprehensive, evidence-based, school counseling programs through activities which that incorporate evidence-based practices, such as—

“(1) the implementation of a comprehensive school counseling program to meet the counseling and educational needs of all students;

changed “(2) increasing the range, availability, quantity, and quality of counseling services, provided by qualified school counselors, school psychologists, school social workers, and other qualified school-based mental health service services providers, in the elementary schools and secondary schools of the eligible entity;

“(3) the implementation of innovative approaches to increase children’s understanding of peer and family relationships, peer and family interaction, work and self, decisionmaking, or academic and career planning;

“(4) the implementation of academic, postsecondary education and career planning programs;

changed “(5) the initiation of partnerships with community groups, social service agencies, or other public or private non-profit entities in collaborative efforts to enhance the program and promote school-linked integration of services, as long as the eligible entity documents how such partnership supplements, not supplants, existing school-employed school-based mental health service services providers and services, in accordance with subsection (f);

“(6) the implementation of a team approach to school counseling in the schools served by the eligible entity by working toward ratios of school counselors, school social workers, and school psychologists to students recommended to enable such personnel to effectively address the needs of students; and

changed “(7) any other activity determined necessary by the eligible entity that meets the purpose of this partpart.

“(d) Limitation on administrative costs—Not more than 4 percent of the amounts made available under this section for any fiscal year may be used for administrative costs to carry out this section.

“(e) Report—Not later than 2 years after assistance is made available to eligible entities under subsection (a), the Secretary shall make publicly available a report—

“(1) evaluating the programs assisted pursuant to each grant under this section; and

“(2) outlining the information from eligible entities regarding the ratios of students to—

“(A) school counselors;

“(B) school social workers; and

“(C) school psychologists.

“(f) Supplement, not supplant—Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing school-based counseling and mental health services to students.

“(g) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means—

“(A) a local educational agency;

“(B) an educational service agency serving more than 1 local educational agency; or

“(C) a consortium of local educational agencies.

changed “(2) School-based mental health service services provider—The term school-based mental health service services provider has the meaning given the term in section 4102.

“(3) School counselor—The term school counselor means an individual who meets the criteria for licensure or certification as a school counselor in the State where the individual is employed.

“(4) School psychologist—The term school psychologist means an individual who is licensed or certified in school psychology by the State in which the individual is employed.

“(5) School social worker—The term school social worker means an individual who is licensed or certified as a school social worker for the State in which the individual is employed.

“(h) Authorization of appropriations—There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021.”

Title IV (20 U.S.C. 7101 et seq.), as amended by sections 4001 and 4004, is further amended by adding at the end the following:

“D Physical education program

“4401. Purpose

“The purpose of this part is to award grants and contracts to initiate, expand, and improve physical education programs for all students in kindergarten through grade 12.

“4402. Program authorized

“(a) Authorization—From amounts made available to carry out this part, the Secretary is authorized to award grants or contracts to local educational agencies and community-based organizations to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for students in kindergarten through grade 12, by—

“(1) providing materials and support to enable students to participate actively in physical education activities; and

“(2) providing funds for staff and teacher training and education relating to physical education.

“(b) Program elements—A physical education program that receives assistance under this part may provide for 1 or more of the following:

“(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being.

“(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student.

“(3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle.

“(4) Opportunities to develop positive social and cooperative skills through physical activity participation.

“(5) Instruction in healthy eating habits and good nutrition.

“(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education.

“(c) Special rule—For purposes of this part, extracurricular activities, such as team sports and Reserve Officers' Training Corps program activities, shall not be considered as part of the curriculum of a physical education program assisted under this part.

“4403. Applications

“(a) Submission—Each local educational agency or community-based organization desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education.

“(b) Private school and home-schooled students—An application for a grant or contract under this part may provide for the participation, in the activities funded under this part, of—

“(1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or

“(2) home-schooled students, and their parents and teachers.

“4404. Requirements

“(a) Annual report to the Secretary—In order to continue receiving funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that—

“(1) describes the activities conducted during the preceding year; and

“(2) demonstrates that progress has been made toward meeting State standards for physical education.

“(b) Administrative expenses—Not more than 5 percent of the funds made available under this part to a local educational agency or community-based organization for any fiscal year may be used for administrative expenses.

“4405. Administrative provisions

“(a) Federal share—The Federal share under this part may not exceed—

“(1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this part; and

“(2) 75 percent of such cost for the second and each subsequent such year.

changed “(b) Proportionality—To the extent practicable, the Secretary shall ensure that grants awarded under this part shall be are equitably distributed among local educational agencies, and community-based organizations, serving urban and rural areas.

“(c) Report to Congress—Not later than June 1, 2017, the Secretary shall submit a report to Congress that—

“(1) describes the programs assisted under this part;

“(2) documents the success of such programs in improving physical fitness; and

“(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part.

“(d) Availability of funds—Amounts made available to the Secretary to carry out this part shall remain available until expended.

“4406. Supplement, not supplant

“Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.

“4407. Authorization of appropriations

“There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.”

Part A of title V (20 U.S.C. 7221 et seq.), as redesignated by section 5001(5), is amended—

“5101. Purpose

“It is the purpose of this part to—

“(1) provide financial assistance for the planning, program design, and initial implementation of charter schools;

“(2) increase the number of high-quality charter schools available to students across the United States;

“(3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices among charter schools and other public schools;

“(4) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools;

“(5) expand opportunities for children with disabilities, students who are English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards under section 1111(b)(1); and

“(6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, including financial audits, and evaluation of such schools.

“5102. Program authorized

“(a) In general—The Secretary is authorized to carry out a charter school program that supports charter schools that serve early childhood, elementary school, and secondary school students by—

“(1) supporting the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools;

“(2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and

“(3) carrying out national activities to support—

“(A) the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools;

“(B) the dissemination of best practices of charter schools for all schools;

“(C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and

“(D) stronger charter school authorizing.

“(b) Funding allotment—From the amount made available under section 5111 for a fiscal year, the Secretary shall—

“(1) reserve 12.5 percent to support charter school facilities assistance under section 5104;

“(2) reserve not less than 25 percent to carry out national activities under section 5105; and

“(3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5103.

“(c) Prior grants and subgrants—The recipient of a grant or subgrant under this part (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant.

“5103. Grants to support high-quality charter schools

“(a) State entity defined—For purposes of this section, the term State entity means—

“(1) a State educational agency;

“(2) a State charter school board;

“(3) a Governor of a State; or

“(4) a charter school support organization.

“(b) Program authorized—From the amount available under section 5102(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to—

“(1) award subgrants to eligible applicants to enable such eligible applicants to—

“(A) open new charter schools;

“(B) replicate high-quality charter school models; or

“(C) expand high-quality charter schools; and

changed “(2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for for, and conducting conducting, fiscal oversight and auditing of charter schools.

“(c) State entity uses of funds

“(1) In general—A State entity receiving a grant under this section shall—

“(A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (b)(1);

“(B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and

“(C) reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance.

changed “(2) Contracts and grants—A State entity may use a grant received under this section to carry out the activities described in paragraph (1)(A) (1)(B) directly or through grants, contracts, or cooperative agreements.

“(3) Rules of construction

“(A) Use of lottery mechanisms—Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if—

“(i) the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in section 5110(2)(G); and

“(ii) such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students.

“(B) Students with special needs—Nothing in this paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing.

“(d) Program periods; peer review; distribution of subgrants; waivers

“(1) Program periods

“(A) Grants—A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for one additional 2-year period.

“(B) Subgrants—A subgrant awarded by a State entity under this section—

“(i) shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design; and

“(ii) may be renewed by the State entity for one additional 2-year period.

“(2) Peer review—The Secretary, and each State entity awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section.

“(3) Distribution of subgrants—Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants—

“(A) prioritize eligible applicants that plan to serve a significant number of students from low-income families;

“(B) are distributed throughout different areas, including urban, suburban, and rural areas; and

“(C) will assist charter schools representing a variety of educational approaches.

“(4) Waivers—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority under this Act with respect to charter schools supported under this part, except any such requirement relating to the elements of a charter school described in section 5110(2), if—

“(A) the waiver is requested in an approved application under this section; and

changed “(B) the Secretary determines that granting such waiver will promote the purposes purpose of this part.

“(e) Limitations

“(1) Grants—A State entity may not receive more than 1 grant under this section at a time.

“(2) Subgrants—An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that such individual charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs (A) and (D) of section 5110(8).

“(f) Applications—A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following:

“(1) Description of program—A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including—

“(A) a description of how the State entity will—

“(i) support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, including the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program;

“(ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program;

“(iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools—

“(I) participate in the Federal programs in which the schools and students are eligible to participate; and

“(II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs;

“(iv) in the case of a State entity that is not a State educational agency—

“(I) work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and

“(II) work with the State educational agency to operate the State entity’s program under this section, if applicable;

changed “(v) ensure that each eligible applicant that receives a subgrant under the State entity’s program—

“(I) is opening or expanding schools that meet the definition of a charter school under section 5110; and

“(II) is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available;

“(vi) support charter schools in local educational agencies with schools that have been identified by the State under section 1114(a)(1)(A);

“(vii) work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school;

“(viii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools;

“(ix) share best and promising practices among charter schools and other public schools;

“(x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabilities and students who are English learners; and

“(xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D);

changed “(B) a description of how the State will actively monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, including such as by establishing authorizing standards and by approving, reapproving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes;statutes, except that nothing in this subparagraph shall be construed to require a State to alter State law, policies, or procedures regarding State practices for holding accountable authorized public chartering agencies;

“(C) a description of the extent to which the State entity—

“(i) is able to meet and carry out the priorities described in subsection (g)(2);

“(ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and

“(iii) will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the State entity’s charter school program under this section;

“(D) a description of how the State entity will award subgrants, on a competitive basis, including—

“(i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include—

“(I) a description of the roles and responsibilities of eligible applicants, and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including the administrative and contractual roles and responsibilities of such partners;

changed “(II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, financial audits to ensure adequate fiscal oversight, and how a school’s performance on the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school’s charter;charter, and procedures to be followed in the case of the closure or dissolution of a charter school;

changed “(III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 5110; and5110;

“(IV) a description of the eligible applicant’s planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the eligible applicant will maintain fiscal sustainability after the end of the subgrant period; and

added “(V) a description of how the eligible applicant will ensure that each charter school the eligible applicant operates will engage parents as partners in the education of their children; and

“(ii) a description of how the State entity will review applications from eligible applicants;

removed “(E) in the case of a State entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; and

changed “(F) a description of how “(E) in the case of a State entity will help the charter schools receiving funds under that partners with an outside organization to carry out the State entity’s program address quality charter school program, in whole or in part, a description of the transportation needs roles and responsibilities of the schools’ students.partner;

added “(F) a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students; and

added “(G) 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.

“(2) Assurances—Assurances that—

“(A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions;

“(B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x);

“(C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program—

“(i) ensures that the charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and

“(ii) adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and students who are English learners;

added “(D) the State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by—

removed “(D) the State entity will promote quality authorizing, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by—

“(i) using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school’s progress toward becoming a high-quality charter school;

added “(ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring that any such audits are publically reported; and

removed “(ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and

“(iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and

“(E) the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, including on the website of the school, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, parent contract requirements (as applicable), including any financial obligations or fees, enrollment criteria (as applicable), and annual performance and enrollment data for each of the categories of students, as defined in section 1111(b)(3)(A).

“(3) Requests for waivers

“(A) Federal statute and regulation—A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section.

“(B) State and local rules—A description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable.

“(g) Selection criteria; priority

“(1) Selection criteria—The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration—

“(A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law;

“(B) the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools;

added “(C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school’s students and progress toward becoming high-quality charter schools;

removed “(C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school’s students and progress toward becoming high-quality charter schools; and

“(D) the quality of the State entity’s plan to—

added “(i) monitor the eligible applicants receiving subgrants under the State entity’s program; and

removed “(i) monitor the eligible applicants receiving subgrants under the State entity’s program;

“(ii) provide technical assistance and support for—

“(I) the eligible applicants receiving subgrants under the State entity’s program; and

added “(II) quality authorizing efforts in the State; and

added “(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 the charter schools in the State.

removed “(II) quality authorizing efforts in the State.

“(2) Priority—In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria:

“(A) The State entity is located in a State that—

“(i) allows at least one entity that is not the local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or

“(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school.

“(B) The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner.

“(C) The State entity is located in a State that provides charter schools one or more of the following:

“(i) Funding for facilities.

“(ii) Assistance with facilities acquisition.

“(iii) Access to public facilities.

“(iv) The ability to share in bonds or mill levies.

“(v) The right of first refusal to purchase public school buildings.

“(vi) Low- or no-cost leasing privileges.

“(D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies.

“(E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery.

“(F) The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions.

“(G) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing.

“(h) Local uses of funds—An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include—

“(1) supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations;

“(2) paying costs associated with hiring additional teachers to serve additional students;

“(3) providing transportation to students to and from the charter school;

“(4) providing instructional materials, implementing teacher and principal or other school leader professional development programs, and hiring additional nonteaching staff;

“(5) supporting any necessary activities that assist the charter school in carrying out this section, such as preparing individuals to serve as members of the charter school’s board; and

added “(6) providing early childhood education programs for children, including direct support to, and coordination with, school- or community-based early childhood education programs.

removed “(6) providing early childhood education programs for children, including direct support to, and coordination with school- or community-based early childhood education programs.

“(i) Reporting requirements—Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following:

“(1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the grant period.

“(2) The number and amount of subgrants awarded under this section to carry out each of the following:

“(A) The opening of new charter schools.

“(B) The replication of high-quality charter schools.

“(C) The expansion of high-quality charter schools.

“(3) The progress the State entity made toward meeting the priorities described in subparagraphs (E) through (G) of subsection (g)(2).

“(4) A description of—

“(A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application;

“(B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that receive subgrant funds, if applicable; and

“(C) how each recipient of a subgrant under this section uses the subgrant funds on early childhood education programs described in subsection (h)(6), if such recipient chooses to use such funds on such programs.

“5104. Facilities financing assistance

“(a) Grants to eligible entities

“(1) In general—From the amount reserved under section 5102(b)(1), the Secretary shall use not less than 50 percent to award not less than 3 grants, on a competitive basis, to eligible entities that have the highest-quality applications approved under subsection (d) to demonstrate innovative methods of helping charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing.

“(2) Eligible entity defined—For the purposes of this section, the term eligible entity means—

“(A) a public entity, such as a State or local governmental entity;

“(B) a private nonprofit entity; or

“(C) a consortium of entities described in subparagraphs (A) and (B).

“(b) Grantee selection—The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval.

added “(c) Grant characteristics—Grants under subsection (a) 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 renovation.

removed “(c) Grant characteristics—Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation.

“(d) Applications

“(1) In general—An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require.

“(2) Contents—An application submitted under paragraph (1) shall contain—

“(A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive;

“(B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities;

“(C) a description of the eligible entity’s expertise in capital market financing;

“(D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section;

“(E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and

“(F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities.

added “(e) Charter school objectives—An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives:

removed “(e) Charter school objectives—An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or more of the following objectives:

“(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school.

“(2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.

added “(3) The predevelopment costs that are 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.

removed “(3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and which are necessary to commence or continue the operation of a charter school.

“(f) Reserve account

“(1) Use of funds—To assist charter schools in accomplishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes:

“(A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e).

“(B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection.

“(C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools.

“(D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).

“(2) Investment—Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities.

“(3) Reinvestment of earnings—Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with this subsection.

“(g) Limitation on administrative costs—An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)).

“(h) Audits and reports

“(1) Financial record maintenance and audit—The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant.

“(2) Reports

“(A) Grantee annual reports—Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section.

“(B) Contents—Each annual report submitted under subparagraph (A) shall include—

“(i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity;

“(ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period;

“(iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds;

“(iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools;

“(v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and

“(vi) a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period.

“(C) Secretarial report—The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)).

added “(i) No full faith and credit for grantee obligation—No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds that may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section.

removed “(i) No full faith and credit for grantee obligation—No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section.

“(j) Recovery of funds

“(1) In general—The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect—

“(A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or

“(B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection.

“(2) Exercise of authority—The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1).

added “(3) Construction—This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act.

added “(k) Per-Pupil facilities aid program

removed “(3) Procedures—The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1).

removed “(4) Construction—This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act.

removed “(k) Per-pupil facilities aid program

“(1) Definition of per-pupil facilities aid program—In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing—

added “(A) that is dedicated solely to funding charter school facilities; or

removed “(A) that is dedicated solely for funding charter school facilities; or

“(B) a portion of which is dedicated for funding charter school facilities.

“(2) Grants

“(A) In general—From the amount reserved under section 5102(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs.

“(B) Period—The Secretary shall award grants under this subsection for periods of not more than 5 years.

“(C) Federal share—The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than—

“(i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection;

“(ii) 80 percent for the second such year;

“(iii) 60 percent for the third such year;

“(iv) 40 percent for the fourth such year; and

“(v) 20 percent for the fifth such year.

“(D) State share—A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program.

“(E) Multiple grants—A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant.

“(3) Use of funds

“(A) In general—A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant.

“(B) Evaluations; technical assistance; dissemination—From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information.

“(C) Supplement, not supplant—In accordance with the method of determination described in section 1117, funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools.

“(4) Requirements

“(A) Voluntary participation—No State may be required to participate in a program carried out under this subsection.

“(B) State law

“(i) In general—To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that—

“(I) is specified in State law; and

“(II) provides annual financing, on a per-pupil basis, for charter school facilities.

“(ii) Special rule—A State that is required under State law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection.

“(5) Applications—To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

“5105. National activities

“(a) In general—From the amount reserved under section 5102(b)(2), the Secretary shall—

“(1) use not less than 80 percent of such funds to award grants in accordance with subsection (b); and

“(2) use the remainder of such funds to—

“(A) disseminate technical assistance to State entities in awarding subgrants under section 5103(b)(1)(A);

“(B) disseminate best practices regarding public charter schools;

“(C) evaluate the impact of the charter school program carried out under this part, including the impact on student achievement; and

“(D) award grants, on a competitive basis, for the purpose of carrying out the activities described in section 5103(h), to eligible applicants that desire to open a charter school, replicate a high-quality charter school, or expand a high-quality charter school in—

“(i) a State that did not apply for a grant under section 5103; or

“(ii) a State that did not receive a grant under section 5103.

“(b) Grants for the replication and expansion of high-quality charter schools—The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (2) to enable such entities to replicate a high-quality charter school or expand a high-quality charter school.

“(1) Definition of eligible entity—For purposes of this subsection, the term eligible entity means—

“(A) a charter management organization that, at the time of the application, operates or manages one or more high-quality charter schools; or

“(B) a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations.

“(2) Application requirements—An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following:

“(A) A description of the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this subsection.

added “(B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet the challenging State academic standards under section 1111(b)(1), the grade levels or ages of students who will be served, and the instructional practices that will be used.

removed “(B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet the challenging State academic standards under section 1111(b)(1), the grade levels or ages of students that will be served, and the instructional practices that will be used.

“(C) A multi-year financial and operating model for the eligible entity, including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this subsection has ended.

“(D) A description of how the eligible entity will inform all students in the community, including children with disabilities, students who are English learners, and other educationally disadvantaged students, about the charter schools to be replicated or expanded with funding under this subsection.

“(E) For each charter school currently operated or managed by the eligible entity—

“(i) student assessment results for all students and for each category of students described in section 1111(b)(2)(B)(xi); and

added “(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 (as such rates were calculated on the day before enactment of the Every Child Achieves Act of 2015).

removed “(ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort and extended-year adjusted cohort secondary school graduation rates (as such rates were calculated on the day before enactment of the Every Child Achieves Act of 2015).

“(F) Information on any significant compliance issues encountered, within the last 3 years, by any school operated or managed by the eligible entity, including in the areas of student safety and financial management.

“(G) A request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of the charter schools to be replicated or expanded with funding under this subsection.

“(3) Selection criteria—The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (2), after taking into consideration such factors as—

“(A) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for all students attending the charter schools the eligible entity operates or manages;

“(B) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for each of the categories of students, as defined in section 1111(b)(3)(A);

“(C) the quality of the eligible entity’s financial and operating model as described under paragraph (2)(C), including the quality of the eligible entity’s plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this subsection has ended;

“(D) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that—

“(i) have been closed;

“(ii) have had a school charter revoked due to problems with statutory or regulatory compliance; or

“(iii) have had the school’s affiliation with the eligible entity revoked; and

“(E) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter.

“(4) Priority—In awarding grants under this section, the Secretary shall give priority to eligible entities that operate or manage charter schools that, in the aggregate, serve students at least 60 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act.

“(5) Terms and conditions—Except as otherwise provided in this subsection, grants awarded under subsection (a)(2)(D) and this subsection shall have the same terms and conditions as grants awarded to State entities under section 5103.”

“(c) New or significantly expanding charter schools—For purposes of implementing the hold harmless protections in sections 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under subsection (a), a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school.”

changed “(H) is a school to which parents choose to send their children, and which—that—

“(i) admits students on the basis of a lottery, if more students apply for admission than can be accommodated; or

“(ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i);”

“(I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State;”

“(M) may serve students in early childhood education programs or postsecondary students.”

“(3) Charter management organization—The term charter management organization means a nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources.

“(4) Charter school support organization—The term charter school support organization means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis—

“(A) assistance to developers during the planning, program design, and initial implementation of a charter school; and

“(B) technical assistance to operating charter schools.”

“(7) Expansion of a high-quality charter school—The term expansion of a high-quality charter school means increasing the enrollment at a high-quality charter school by not less than 50 percent or adding 2 or more grades to a high-quality charter school.

“(8) High-quality charter school—The term high-quality charter school means a charter school that—

“(A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State;

changed “(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 categories of students, as defined in section 1111(b)(3)(A), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

“(9) Replication of a high-quality charter school—The term replication of a high-quality charter school means the opening of a charter school—

“(A) under an existing charter or an additional charter, if permitted by State law;

“(B) based on the model of a high-quality charter school; and

“(C) that will be operated or managed by the same nonprofit organization that operates or manages such high-quality charter school under an existing charter.”

“5111. Authorization of appropriations

“There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.”

Part B of title V (20 U.S.C. 7231 et seq.), as redesignated by section 5001(5), is amended—

“(D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and integration;”

“(2) propose to—

“(A) carry out a new, evidence-based magnet school program;

“(B) significantly revise an existing magnet school program, using evidence-based methods and practices, as available; or

“(C) expand an existing magnet school program that has a demonstrated record of success in increasing student academic achievement, reducing isolation of minority groups, and increasing socioeconomic integration; and”

“(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.”