Title IX — Education for the Homeless and Other Laws

114th Congress · Approved Dec 10, 2015 · 129 Stat. 1802

TITLE IX Education for the Homeless and Other Laws

PART A Homeless Children and Youths

SEC. 9101. Statement of Policy.

Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431) is amended—

(1)

in paragraph (2), by striking “ In any State” and all that follows through “ will review” and inserting “ In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review”;

(2)

in paragraph (3), by striking “ alone”; and

(3)

in paragraph (4), by striking “ challenging State student academic achievement standards” and inserting “ challenging State academic standards”.

SEC. 9102. Grants for State and Local Activities.

Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432) is amended—

(1)

by striking subsection (b) and inserting the following:

“(b) Grants From Allotments.—The Secretary shall make the grants to States from the allotments made under subsection (c)(1).”

(2)

in subsection (d)—

(A)

in paragraph (2)—

(i)

by striking “ To provide” and all that follows through “ that enable” and inserting “ To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable”; and

(ii)

by striking “ or, if” and inserting “ including, if”;

(B)

in paragraph (3), by striking “ designate” and all that follows and inserting “ designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle in accordance with subsection (f).”; and

(C)

by striking paragraph (5) and inserting the following:

“(5) To develop and implement professional development programs for liaisons designated under subsection (g)(1)(J)(ii) and other local educational agency personnel—

“(A) to improve their identification of homeless children and youths; and

“(B) to heighten the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs in the education of homeless children and youths.”

(3)

in subsection (e)—

(A)

in paragraph (1), by inserting “ a State through grants under subsection (a) to” after “ each year to”;

(B)

in paragraph (2), by striking “ funds made available for State use under this subtitle” and inserting “ the grant funds remaining after the State educational agency distributes subgrants under paragraph (1)”; and

(C)

in paragraph (3)—

(i)

in subparagraph (C)(iv)(II), by striking “ sections 1111 and 1116” and inserting “ section 1111”;

(ii)

in subparagraph (E)(ii)(II), by striking “ subsection (g)(6)(A)(v)” and inserting “ subsection (g)(6)(A)(vi)”; and

(iii)

in subparagraph (F)—

(I)

in clause (i)—

(aa)

by striking “ and” at the end of subclause (II);

(bb)

by striking the period at the end of subclause (III) and inserting “ ; and”; and

(cc)

by adding at the end the following:

“(IV) the progress the separate schools are making in helping all students meet the challenging State academic standards.”

; and

(II)

in clause (iii), by striking “ Not later than 2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the” and inserting “ The”;

(4)

by striking subsection (f) and inserting the following:

“(f) Functions of the Office of the Coordinator.—The Coordinator for Education of Homeless Children and Youths established in each State shall—

“(1) gather and make publicly available reliable, valid, and comprehensive information on—

“(A) the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency’s website;

“(B) the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools;

“(C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths;

“(D) any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties; and

“(E) the success of the programs under this subtitle in identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school;

“(2) develop and carry out the State plan described in subsection (g);

“(3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h);

“(4) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with—

“(A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel;

“(B) providers of services to homeless children and youths and their families, including public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.);

“(C) providers of emergency, transitional, and permanent housing to homeless children and youths, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths;

“(D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and

“(E) community organizations and groups representing homeless children and youths and their families;

“(5) provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g);

“(6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in sections 103, 401, and 725 to the liaison; and

“(7) respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle.”

(5)

by striking subsection (g) and inserting the following:

“(g) State Plan.—

“(1) In general.—For any State desiring to receive a grant under this subtitle, the State educational agency shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State. Such plan shall include the following:

“(A) A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State academic standards as all students are expected to meet.

“(B) A description of the procedures the State educational agency will use to identify such children and youths in the State and to assess their needs.

“(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths.

“(D) A description of programs for school personnel (including liaisons designated under subparagraph (J)(ii), principals and other school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of such school personnel of the specific needs of homeless children and youths, including such children and youths who are runaway and homeless youths.

“(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local nutrition programs.

“(F) A description of procedures that ensure that—

“(i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, as provided to other children in the State;

“(ii) youths described in section 725(2) and youths separated from public schools are identified and accorded equal access to appropriate secondary education and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; and

“(iii) homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State and local levels.

“(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3).

“(H) Strategies to address other problems with respect to the education of homeless children and youths, including problems resulting from enrollment delays that are caused by—

“(i) requirements of immunization and other required health records;

“(ii) residency requirements;

“(iii) lack of birth certificates, school records, or other documentation;

“(iv) guardianship issues; or

“(v) uniform or dress code requirements.

“(I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences.

“(J) Assurances that the following will be carried out:

“(i) The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless.

“(ii) The local educational agencies will designate an appropriate staff person, able to carry out the duties described in paragraph (6)(A), who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youths.

“(iii) The State and the local educational agencies in the State will adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), in accordance with the following, as applicable:

“(I) If the child or youth continues to live in the area served by the local educational agency in which the school of origin is located, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located.

“(II) If the child’s or youth’s living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally.

“(iv) The State and the local educational agencies in the State will adopt policies and practices to ensure participation by liaisons described in clause (ii) in professional development and other technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator.

“(K) A description of how youths described in section 725(2) will receive assistance from counselors to advise such youths, and prepare and improve the readiness of such youths for college.

“(2) Compliance.—

“(A) In general.—Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (7).

“(B) Coordination.—Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii).

“(3) Local educational agency requirements.—

“(A) In general.—The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child’s or youth’s best interest—

“(i) continue the child’s or youth’s education in the school of origin for the duration of homelessness—

“(I) in any case in which a family becomes homeless between academic years or during an academic year; and

“(II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or

“(ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

“(B) School stability.—In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall—

“(i) presume that keeping the child or youth in the school of origin is in the child’s or youth’s best interest, except when doing so is contrary to the request of the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the youth;

“(ii) consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth;

“(iii) if, after conducting the best interest determination based on consideration of the presumption in clause (i) and the student-centered factors in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best interest to attend the school of origin or the school requested by the parent or guardian, or (in the case of an unaccompanied youth) the youth, provide the child’s or youth’s parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal under subparagraph (E); and

“(iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E).

“(C) Immediate enrollment.—

“(i) In general.—The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth—

“(I) is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or

“(II) has missed application or enrollment deadlines during any period of homelessness.

“(ii) Relevant academic records.—The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records.

“(iii) Relevant health records.—If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately refer the parent or guardian of the child or youth, or (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization or other required health records, in accordance with subparagraph (D).

“(D) Records.—Any record ordinarily kept by the school, including immunization or other required health records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained—

“(i) so that the records involved are available, in a timely fashion, when a child or youth enters a new school or school district; and

“(ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

“(E) Enrollment disputes.—If a dispute arises over eligibility, or school selection or enrollment in a school—

“(i) the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals;

“(ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions;

“(iii) the parent, guardian, or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and

“(iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of such dispute.

“(F) Placement choice.—The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere.

“(G) Privacy.—Information about a homeless child’s or youth’s living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

“(H) Contact information.—Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child or youth to submit contact information.

“(I) School of origin defined.—In this paragraph:

“(i) In general.—The term ‘school of origin’ means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.

“(ii) Receiving school.—When the child or youth completes the final grade level served by the school of origin, as described in clause (i), the term “school of origin” shall include the designated receiving school at the next grade level for all feeder schools.

“(4) Comparable services.—Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following:

“(A) Transportation services.

“(B) Educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or local programs, educational programs for children with disabilities, and educational programs for English learners.

“(C) Programs in career and technical education.

“(D) Programs for gifted and talented students.

“(E) School nutrition programs.

“(5) Coordination.—

“(A) In general.—Each local educational agency serving homeless children and youths that receives assistance under this subtitle shall coordinate—

“(i) the provision of services under this subtitle with local social services agencies and other agencies or entities providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and

“(ii) transportation, transfer of school records, and other interdistrict activities, with other local educational agencies.

“(B) Housing assistance.—If applicable, each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become homeless.

“(C) Coordination purpose.—The coordination required under subparagraphs (A) and (B) shall be designed to—

“(i) ensure that all homeless children and youths are promptly identified;

“(ii) ensure that all homeless children and youths have access to, and are in reasonable proximity to, available education and related support services; and

“(iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness.

“(D) Homeless children and youths with disabilities.—For children and youths who are to be assisted both under this subtitle, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies.

“(6) Local educational agency liaison.—

“(A) Duties.—Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that—

“(i) homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies;

“(ii) homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency;

“(iii) homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act (42 U.S.C. 9831 et seq.), early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and other preschool programs administered by the local educational agency;

“(iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;

“(v) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

“(vi) public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths;

“(vii) enrollment disputes are mediated in accordance with paragraph (3)(E);

“(viii) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A);

“(ix) school personnel providing services under this subtitle receive professional development and other support; and

“(x) unaccompanied youths—

“(I) are enrolled in school;

“(II) have opportunities to meet the same challenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and

“(III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv) and that the youths may obtain assistance from the local educational agency liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act (20 U.S.C. 1090).

“(B) Notice.—State Coordinators established under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local educational agency liaisons, and publish an annually updated list of the liaisons on the State educational agency’s website.

“(C) Local and state coordination.—Local educational agency liaisons for homeless children and youths shall, as a part of their duties, coordinate and collaborate with State Coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. Such coordination shall include collecting and providing to the State Coordinator the reliable, valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f).

“(D) Homeless status.—A local educational agency liaison designated under paragraph (1)(J)(ii) who receives training described in subsection (f)(6) may affirm, without further agency action by the Department of Housing and Urban Development, that a child or youth who is eligible for and participating in a program provided by the local educational agency, or the immediate family of such a child or youth, who meets the eligibility requirements of this Act for a program or service authorized under title IV, is eligible for such program or service.

“(7) Review and revisions.—

“(A) In general.—Each State educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the identification of homeless children and youths or the enrollment of homeless children and youths in schools that are selected under paragraph (3).

“(B) Consideration.—In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship.

“(C) Special attention.—Special attention shall be given to ensuring the identification, enrollment, and attendance of homeless children and youths who are not currently attending school.”

; and

(6)

by striking subsection (h).

SEC. 9103. Local Educational Agency Subgrants.

Section 723 of such Act (42 U.S.C. 11433) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking “ facilitating the enrollment,” and inserting “ facilitating the identification, enrollment,”;

(B)

in paragraph (2)(B), in the matter preceding clause (i), by inserting “ the related” before “ schools”; and

(C)

by adding at the end the following:

“(4) Duration of grants.—Subgrants made under this section shall be for terms of not to exceed 3 years.”

(2)

in subsection (b), by adding at the end the following:

“(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f).

“(7) An assurance that the local educational agency will meet the requirements of section 722(g)(3).”

(3)

in subsection (c)—

(A)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking “ preschool, elementary, and secondary schools” and inserting “ early childhood education and other preschool programs, elementary schools, and secondary schools,”;

(ii)

in subparagraph (A), by inserting “ identification,” before “ enrollment,”;

(iii)

in subparagraph (B), by striking “ application—” and all that follows and inserting “ application reflects coordination with other local and State agencies that serve homeless children and youths.”; and

(iv)

in subparagraph (C), by inserting “ (as of the date of submission of the application)” after “ practice”;

(B)

in paragraph (3)—

(i)

in subparagraph (C), by inserting “ extent to which the applicant will promote meaningful” after “ The”;

(ii)

in subparagraph (D), by striking “ within” and inserting “ into”;

(iii)

by redesignating subparagraph (G) as subparagraph (I);

(iv)

by inserting after subparagraph (F) the following:

“(G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation.

“(H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)).”

; and

(v)

in subparagraph (I), as redesignated by clause (iii), by striking “ Such” and inserting “ The extent to which the applicant’s program meets such”; and

(C)

by striking paragraph (4); and

(4)

in subsection (d)—

(A)

in paragraph (1), by striking “ the same challenging State academic content standards and challenging State student academic achievement standards” and inserting “ the same challenging State academic standards as”;

(B)

in paragraph (2)—

(i)

by striking “ students with limited English proficiency” and inserting “ English learners”; and

(ii)

by striking “ vocational” and inserting “ career”;

(C)

in paragraph (3), by striking “ pupil services” and inserting “ specialized instructional support”;

(D)

in paragraph (7), by striking “ and unaccompanied youths,” and inserting “ particularly homeless children and youths who are not enrolled in school,”;

(E)

in paragraph (9) by striking “ medical” and inserting “ other required health”;

(F)

in paragraph (10)—

(i)

by striking “ parents” and inserting “ parents and guardians”; and

(ii)

by inserting before the period at the end “ , and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or youths”;

(G)

in paragraph (12), by striking “ pupil services” and inserting “ specialized instructional support services”;

(H)

in paragraph (13), by inserting before the period at the end “ and parental mental health or substance abuse problems”; and

(I)

in paragraph (16), by inserting before the period at the end “ and participate fully in school activities”.

SEC. 9104. Secretarial Responsibilities.

Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434) is amended—

(1)

by striking subsection (c) and inserting the following:

“(c) Notice.—

“(1) In general.—The Secretary shall, before the next school year that begins after the date of enactment of the Every Student Succeeds Act, update and disseminate nationwide the public notice described in this subsection (as in effect prior to such date) of the educational rights of homeless children and youths.

“(2) Dissemination.—The Secretary shall disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths.”

(2)

by striking subsection (d) and inserting the following:

“(d) Evaluation, Dissemination, and Technical Assistance.—The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.”

(3)

in subsection (e)—

(A)

by striking “ 60-day” and inserting “ 120-day”; and

(B)

by striking “ 120-day” and inserting “ 180-day”;

(4)

in subsection (f), by adding at the end the following: “ The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.”;

(5)

by striking subsection (g) and inserting the following:

“(g) Guidelines.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State—

“(1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and

“(2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school.”

(6)

in subsection (h)(1)(A)—

(A)

by striking “ location” and inserting “ primary nighttime residence”; and

(B)

by inserting “ in all areas served by local educational agencies” before the semicolon at the end; and

(7)

in subsection (i), by striking “ McKinney-Vento Homeless Education Assistance Improvements Act of 2001” and inserting “ Every Student Succeeds Act”.

SEC. 9105. Definitions.

(a)

Amendments.— Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) is amended—

(1)

in paragraph (2)(B)(i)—

(A)

by inserting “ or” before “ are abandoned”; and

(B)

by striking “ or are awaiting foster care placement;”;

(2)

in paragraph (3), by striking “ 9101” and inserting “ 8101”; and

(3)

in paragraph (6), by striking “ youth not” and inserting “ homeless child or youth not”.

(b)

Effective Date.—

(1)

In general.— In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act.

(2)

Covered state.— In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act.

(c)

Covered State.— For purposes of this section the term “covered State” means a State that has a statutory law that defines or describes the phrase “awaiting foster care placement”, for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

SEC. 9106. Authorization of Appropriations.

Section 726 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11435) is amended to read as follows:

“SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020.”

SEC. 9107. Effective Date.

Except as provided in section 9105(b) or as otherwise provided in this Act, this title and the amendments made by this title take effect on October 1, 2016.

PART B Miscellaneous; Other Laws

SEC. 9201. Findings and Sense of Congress on Sexual Misconduct.

(a)

Findings.— Congress finds the following:

(1)

There are significant anecdotal reports that some schools and local educational agencies have failed to properly report allegations of sexual misconduct by employees, contractors, or agents.

(2)

Instead of reporting alleged sexual misconduct to the appropriate authorities, such as the police or child welfare services, reports suggest that some schools or local educational agencies have kept information on allegations of sexual misconduct private or have entered into confidentiality agreements with the suspected employee, contractor, or agent who agrees to terminate employment with or discontinue work for the school or local educational agency.

(3)

The practice of withholding information on allegations of sexual misconduct can facilitate the exposure of other students in other jurisdictions to sexual misconduct.

(b)

Sense of Congress.— It is the sense of Congress that—

(1)

confidentiality agreements between local educational agencies or schools and child predators should be prohibited;

(2)

local educational agencies or schools should not facilitate the transfer of child predators to other local educational agencies or schools; and

(3)

States should require local educational agencies and schools to report any and all information regarding allegations of sexual misconduct to law enforcement and other appropriate authorities.

SEC. 9202. Sense of Congress on First Amendment Rights.

It is the sense of Congress that a student, teacher, school administrator, or other school employee of an elementary school or secondary school retains the individual’s rights under the First Amendment to the Constitution of the United States during the school day or while on the grounds of an elementary school or secondary school.

SEC. 9203. Preventing Improper Use of Taxpayer Funds.

To address the misuse of taxpayer funds, the Secretary of Education shall—

(1)

require that each recipient of a grant or subgrant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use;

(2)

annually notify employees of the Department of Education of their responsibility to report fraud; and

(3)

require any applicant—

(A)

for a grant under such Act to provide an assurance to the Secretary that any information submitted when applying for such grant and responding to monitoring and compliance reviews is truthful and accurate; and

(B)

for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding the subgrant.

SEC. 9204. Accountability to Taxpayers Through Monitoring and Oversight.

To improve monitoring and oversight of taxpayer funds authorized for appropriation under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and prohibit waste, fraud, and abuse with respect to such funds, the Secretary of Education shall—

(1)

notify each recipient of a grant under such Act (and, if applicable, require the grantee to inform each subgrantee) of its responsibility to—

(A)

comply with all monitoring requirements under the applicable program or programs; and

(B)

monitor properly any subgrantee under the applicable program or programs;

(2)

review and analyze the results of monitoring and compliance reviews—

(A)

to understand trends and identify common issues; and

(B)

to issue guidance to help grantees address such issues before the loss or misuse of taxpayer funding occurs;

(3)

publicly report the work undertaken by the Secretary to prevent fraud, waste, and abuse with respect to such taxpayer funds; and

(4)

work with the Office of Inspector General of the Department of Education, as needed, to help ensure that employees of the Department understand how to adequately monitor grantees and to help grantees adequately monitor any subgrantees.

SEC. 9205. Report on Department Actions to Address Office of Inspector General Reports.

(a)

In General.— Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the public through the website of the Department of Education, a report containing an update on the Department’s implementation of recommendations contained in reports from the Office of Inspector General of the Department of Education.

(b)

Contents.— The report under subsection (a) shall include—

(1)

a general review of the work of the Department of Education to implement or address findings contained in reports from the Office of Inspector General of the Department of Education to improve monitoring and oversight of Federal programs, including—

(A)

the March 9, 2010, final management information report of the Office of Inspector General of the Department of Education addressing oversight by local educational agencies and authorized public chartering agencies; and

(B)

the September 2012 report of the Office of Inspector General of the Department of Education entitled “The Office of Innovation and Improvement’s Oversight and Monitoring of the Charter Schools Program’s Planning and Implementation Grants Final Audit Report”; and

(2)

a description of the actions the Department of Education has taken to address the concerns described in reports of the Office of Inspector General of the Department of Education, including the reports described in paragraph (1).

SEC. 9206. Posthumous Pardon.

(a)

Findings.— Congress finds the following:

(1)

John Arthur “Jack” Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases.

(2)

Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves.

(3)

Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African-American heavyweights.

(4)

After being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns.

(5)

Jack Johnson defeated Tommy Burns to become the first African-American to hold the title of Heavyweight Champion of the World.

(6)

The victory by Jack Johnson over Tommy Burns prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the “great white hope”.

(7)

In 1910, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada.

(8)

Jim Jeffries lost to Jack Johnson in what was deemed the “Battle of the Century”.

(9)

The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially-motivated murder of African-Americans throughout the United States.

(10)

The relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites.

(11)

Between 1901 and 1910, 754 African-Americans were lynched, some simply for being “too familiar” with White women.

(12)

In 1910, Congress passed the Act of June 25, 1910 (commonly known as the “White Slave Traffic Act” or the “Mann Act”) (18 U.S.C. 2421 et seq.), which outlawed the transportation of women in interstate or foreign commerce “for the purpose of prostitution or debauchery, or for any other immoral purpose”.

(13)

In October 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter.

(14)

Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting the woman across State lines for an “immoral purpose” in violation of the Mann Act.

(15)

The Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson.

(16)

Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across State lines for the purpose of “prostitution and debauchery”.

(17)

In 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison.

(18)

Jack Johnson fled the United States to Canada and various European and South American countries.

(19)

Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915.

(20)

Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Federal penitentiary in Leavenworth, Kansas.

(21)

Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title.

(22)

Jack Johnson served the United States during World War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause.

(23)

Jack Johnson died in an automobile accident in 1946.

(24)

In 1954, Jack Johnson was inducted into the Boxing Hall of Fame.

(25)

Senate Concurrent Resolution 29, 111th Congress, agreed to July 29, 2009, expressed the sense of the 111th Congress that Jack Johnson should receive a posthumous pardon for his racially-motivated 1913 conviction.

(b)

Recommendations.— It remains the sense of Congress that Jack Johnson should receive a posthumous pardon—

(1)

to expunge a racially-motivated abuse of the prosecutorial authority of the Federal Government from the annals of criminal justice in the United States; and

(2)

in recognition of the athletic and cultural contributions of Jack Johnson to society.

SEC. 9207. Education Flexibility Partnership Act of 1999 Reauthorization.

(a)

Definitions.— Section 3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended—

(1)

in the paragraph heading, by striking “ Local” and inserting “ Educational service agency; local”;

(2)

by striking “ The terms” and inserting “ The terms ‘educational service agency’,”; and

(3)

by striking “ section 9101” and inserting “ section 8101”.

(b)

General Provisions.— Section 4 of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read as follows:

“SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM.

“(a) Educational Flexibility Program.—

“(1) Program authorized.—

“(A) In general.—The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State.

“(B) Designation.—Each eligible State participating in the program described in subparagraph (A) shall be known as an ‘Ed-Flex Partnership State’.

“(2) Eligible state.—For the purpose of this section, the term ‘eligible State’ means a State that—

“(A) has—

“(i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965, and is producing the report cards required by section 1111(h) of such Act; or

“(ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act by the Every Student Succeeds Act, made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act;

“(B) will hold local educational agencies, educational service agencies, and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965; and

“(C) waives State statutory or regulatory requirements relating to education while holding local educational agencies, educational service agencies, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers.

“(3) State application.—

“(A) In general.—Each State educational agency desiring to participate in the educational flexibility program 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. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes—

“(i) a description of the process the State educational agency will use to evaluate applications from local educational agencies, educational service agencies, or schools requesting waivers of—

“(I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and

“(II) State statutory or regulatory requirements relating to education;

“(ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive;

“(iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students;

“(iv) a description of how the educational flexibility plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965;

“(v) a description of how the State educational agency will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965) the performance of students in the schools, educational service agencies, and local educational agencies affected by the waivers; and

“(vi) a description of how the State educational agency will meet the requirements of paragraph (7).

“(B) Approval and considerations.—

“(i) In general.—By not later than 90 days after the date on which a State has submitted an application described in subparagraph (A), the Secretary shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration.

“(ii) Approval.—The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies, educational service agencies, and schools within the State in carrying out comprehensive educational reform, after considering—

“(I) the eligibility of the State as described in paragraph (2);

“(II) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A);

“(III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan;

“(IV) the degree to which the State’s objectives described in subparagraph (A)(iii)—

“(aa) are clear and have the ability to be assessed; and

“(bb) take into account the performance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers;

“(V) the significance of the State statutory or regulatory requirements relating to education that will be waived; and

“(VI) the quality of the State educational agency’s process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers.

“(4) Local application.—

“(A) In general.—Each local educational agency, educational service agency, or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall—

“(i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived;

“(ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students;

“(iii) describe, for each school year, specific, measurable, educational goals for each local educational agency, educational service agency, or school affected by the proposed waiver, and for the students served by the local educational agency, educational service agency, or school who are affected by the waiver;

“(iv) explain why the waiver will assist the local educational agency, educational service agency, or school in reaching such goals; and

“(v) in the case of an application from a local educational agency or educational service agency, describe how the agency will meet the requirements of paragraph (7).

“(B) Evaluation of applications.—A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State’s educational flexibility plan described in paragraph (3)(A).

“(C) Approval.—A State educational agency shall not approve an application for a waiver under this paragraph unless—

“(i) the local educational agency, educational service agency, or school requesting such waiver has developed a local reform plan that—

“(I) is applicable to such agency or school, respectively; and

“(II) may include innovative methods to leverage resources to improve program efficiencies that benefit students;

“(ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency, educational service agency, or school in reaching its educational goals, particularly goals with respect to school and student performance; and

“(iii) the State educational agency is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met.

“(D) Termination.—The State educational agency shall annually review the performance of any local educational agency, educational service agency, or school granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate or temporarily suspend any waiver granted to the local educational agency, educational service agency, or school if the State educational agency determines, after notice and an opportunity for a hearing, that—

“(i) there is compelling evidence of systematic waste, fraud, or abuse;

“(ii) the performance of the local educational agency, educational service agency, or school with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in subparagraph (A)(iii) has been inadequate to justify continuation of such waiver;

“(iii) student achievement in the local educational agency, educational service agency, or school has decreased; or

“(iv) substantial progress has not been made toward meeting the long-term goals and measurements of interim progress established by the State under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965.

“(5) Oversight and reporting.—

“(A) Oversight.—Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies, educational service agencies, and schools receiving waivers under this section.

“(B) State reports.—

“(i) Annual reports.—The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance.

“(ii) Performance data.—Not later than 2 years after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of the State’s annual report submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the State’s educational objectives. The data, when applicable, shall include—

“(I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiver;

“(II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance;

“(III) information describing the relationship of the waivers to the performance of schools and students affected by the waivers; and

“(IV) an assurance from State program managers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State.

“(C) Secretary’s reports.—The Secretary shall annually—

“(i) make each State report submitted under subparagraph (B) available to Congress and the public; and

“(ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers.

“(6) Duration of federal waivers.—

“(A) In general.—

“(i) Duration.—The Secretary shall approve the application of a State educational agency under paragraph (3) for a period of not more than 5 years.

“(ii) Automatic extension during review.—The Secretary shall automatically extend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has—

“(I) completed the performance review of the State educational agency’s educational flexibility plan as described in subparagraph (B); and

“(II) issued a final decision on any pending request for renewal that was submitted by the State educational agency.

“(iii) Extension of approval.—The Secretary may extend the authority of a State to continue as an Ed-Flex Partnership State if the Secretary determines that the authority of the State educational agency to grant waivers—

“(I) has been effective in enabling such State or affected local educational agencies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and

“(II) has improved student performance.

“(B) Performance review.—

“(i) In general.—Following the expiration of an approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency—

“(I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to paragraph (3)(A)(iii) and the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and

“(II) demonstrates that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the application submitted pursuant to paragraph (4)(A)(iii).

“(ii) Termination of authority.—The Secretary shall terminate the authority of a State educational agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on such agency’s performance against the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965.

“(C) Renewal.—

“(i) In general.—Each State educational agency desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the Secretary not later than the date of expiration of the approved educational flexibility program.

“(ii) Timing for renewal.—The Secretary shall either approve or deny the request for renewal by not later than 90 days after completing the performance review of the State described in subparagraph (B).

“(iii) Determination.—In deciding whether to extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency—

“(I) has made progress toward achieving the objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and

“(II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application submitted pursuant to paragraph (4)(A)(iii).

“(D) Termination.—

“(i) In general.—The Secretary shall terminate or temporarily suspend the authority of a State educational agency to grant waivers under this section if the Secretary determines that—

“(I) there is compelling evidence of systematic waste, fraud or abuse; or

“(II) after notice and an opportunity for a hearing, such agency’s performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority.

“(ii) Limited compliance period.—A State whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek renewal of the authority to grant waivers under this section.

“(7) Public notice and comment.—Each State educational agency seeking waiver authority under this section and each local educational agency, educational service agency, or school seeking a waiver under this section—

“(A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency’s application for the proposed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver;

“(B) shall provide the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver;

“(C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and

“(D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate.

“(b) Included Programs.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula:

“(1) The following provisions of the Elementary and Secondary Education Act of 1965:

“(A) Part A of title I (other than section 1111).

“(B) Part C of title I.

“(C) Part D of title I.

“(D) Part A of title II.

“(E) Part A of title IV.

“(2) The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).

“(c) Waivers Not Authorized.—The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement—

“(1) relating to—

“(A) maintenance of effort;

“(B) comparability of services;

“(C) equitable participation of students and professional staff in private schools;

“(D) parental participation and involvement;

“(E) distribution of funds to States or to local educational agencies;

“(F) serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965;

“(G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections;

“(H) use of Federal funds to supplement, not supplant, non-Federal funds; and

“(I) applicable civil rights requirements; and

“(2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary.

“(d) Treatment of Existing Ed-flex Partnership States.—

“(1) In general.—Any designation of a State as an Ed-Flex Partnership State that was in effect on the date of enactment of the Every Student Succeeds Act shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2).

“(2) Determination.—The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation.

“(e) Publication.—A notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B), shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public.”

SEC. 9208. Report on the Reduction of the Number and Percentage of Students Who Drop Out of School.

Not later than 5 years after the date of enactment of this Act, the Director of the Institute of Education Sciences shall evaluate the impact of section 1111(g)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) on reducing the number and percentage of students who drop out of school.

SEC. 9209. Report on Subgroup Sample Size.

(a)

Report.— Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on—

(1)

best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)), as amended by this Act, for the purposes of inclusion as subgroups of students in an accountability system described in section 1111(c) of such Act (20 U.S.C. 6311(c)), as amended by this Act; and

(2)

how such minimum number that is determined will not reveal personally identifiable information about students.

(b)

Public Dissemination.— The Director of the Institute of Education Sciences shall work with the Department of Education’s technical assistance providers and dissemination networks to ensure that such report is widely disseminated—

(1)

to the public, State educational agencies, local educational agencies, and schools; and

(2)

through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place.

(c)

Prohibition Against Recommendation.— In carrying out this section, the Director of the Institute of Education Sciences shall not recommend any specific minimum number of students for each of the subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)), as amended by this Act.

SEC. 9210. Report on Student Home Access to Digital Learning Resources.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the educational impact of access to digital learning resources outside of the classroom.

(b)

Contents.— The study described in subsection (a) shall include—

(1)

an analysis of student habits related to digital learning resources outside of the classroom, including the location and types of devices and technologies that students use for educational purposes;

(2)

an identification of the barriers students face in accessing digital learning resources outside of the classroom;

(3)

a description of the challenges students who lack home Internet access face, including challenges related to—

(A)

student participation and engagement in the classroom; and

(B)

homework completion;

(4)

an analysis of how the barriers and challenges such students face impact the instructional practice of educators; and

(5)

a description of the ways in which State educational agencies, local educational agencies, schools, and other entities, including partnerships of such entities, have developed effective means to address the barriers and challenges students face in accessing digital learning resources outside of the classroom.

(c)

Public Dissemination.— The Director of the Institute of Education Sciences shall widely disseminate the findings of the study described in subsection (a)—

(1)

in a timely fashion to the public and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(2)

through electronic transfer and other means, such as posting, as available, to the website of the Institute of Education Sciences or the Department of Education.

SEC. 9211. Study on the Title I Formula.

(a)

Findings.— Congress finds the following:

(1)

Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding to local educational agencies through four separate formulas that have been added to the law over time, and which have “distinct allocation patterns, providing varying shares of allocated funds to different types of local educational agencies or States,” according to a 2015 report from the Congressional Research Service.

(2)

Minimal effort has been made by the Federal Government to determine if the four formulas are adequately delivering funds to local educational agencies with the highest districtwide poverty averages.

(3)

The formulas for distributing Targeted Grants and Education Finance Incentive grants use two weighting systems, one based on the percentage of children included in the determination of grants to local educational agencies (percentage weighting), and another based on the absolute number of such children (number weighting). Both weighting systems have five quintiles with a roughly equal number of children in each quintile. Whichever of these weighting systems results in the highest total weighted formula child count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant funds.

(4)

The Congressional Research Service has also said the number weighting alternative is generally more favorable to large local educational agencies with much larger geographic boundaries and larger counts of eligible children than smaller local educational agencies with smaller counts, but potentially higher percentages, of eligible children, because large local educational agencies have many more children in the higher weighted quintiles.

(5)

In local educational agencies that are classified by the National Center for Education Statistics as “Large City”, 47 percent of all students attend schools with 75 percent or higher poverty.

(b)

Study.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the effectiveness of the four part A of title I formulas, described in subsection (a), to deliver funds to the most economically disadvantaged communities.

(2)

Contents.— The study described in paragraph (1) shall include—

(A)

an analysis of the distribution of part A of title I funds under the four formulas;

(B)

an analysis of how part A of title I funds are distributed among local educational agencies in each of the 12 locale types classified by the National Center on Education Statistics.

(C)

the extent to which the four formulas unduly benefit or unduly disadvantage any of the local educational agencies described in subparagraph (B);

(D)

the extent to which the four formulas unduly benefit or unduly disadvantage high-poverty eligible school attendance areas in the local educational agencies described in subparagraph (B);

(E)

the extent to which the four formulas unduly benefit or unduly disadvantage lower population local educational agencies with relatively high percentages of districtwide poverty;

(F)

the impact of number weighting and percentage weighting in the formulas for distributing Targeted Grants and Education Finance Incentive Grants on each of the local educational agencies described in subparagraph (B);

(G)

the impact of number weighting and percentage weighting on targeting part A of title I funds to eligible school attendance areas with the highest concentrations of poverty in local educational agencies described in subparagraph (B), and local educational agencies described in subparagraph (B) with higher percentages of districtwide poverty;

(H)

an analysis of other studies and reports produced by public and non-public entities examining the distribution of part A of title I funds under the four formulas; and

(I)

recommendations, as appropriate, for amending or consolidating the formulas to better target part A of title I funds to the most economically disadvantaged communities and most economically disadvantaged eligible school attendance areas.

(3)

Public dissemination.— The Director of the Institute of Education Sciences shall widely disseminate the findings of the study conducted under this section—

(A)

in a timely fashion;

(B)

to—

(i)

the public; and

(ii)

the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(C)

through electronic transfer and other means, such as posting to the website of the Institute of Education Sciences or the Department of Education.

SEC. 9212. Preschool Development Grants.

(a)

Purposes.— The purposes of this section are—

(1)

to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among existing programs of early childhood care and education in a mixed delivery system across the State designed to prepare low-income and disadvantaged children to enter kindergarten and to improve transitions from such system into the local educational agency or elementary school that enrolls such children, by—

(A)

more efficiently using existing Federal, State, local, and non-governmental resources to align and strengthen the delivery of existing programs;

(B)

coordinating the delivery models and funding streams existing in the State’s mixed delivery system; and

(C)

developing recommendations to better use existing resources in order to improve—

(i)

the overall participation of children in a mixed delivery system of Federal, State, and local early childhood education programs;

(ii)

program quality while maintaining availability of services;

(iii)

parental choice among existing programs; and

(iv)

school readiness for children from low-income and disadvantaged families, including during such children’s transition into elementary school;

(2)

to encourage partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and

(3)

to maximize parental choice among a mixed delivery system of early childhood education program providers.

(b)

Definitions.— In this section:

(1)

ESEA definitions.— The terms “elementary school”, “local educational agency”, and “State” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965.

(2)

Center of excellence in early childhood.— The term “Center of Excellence in Early Childhood” means a Center of Excellence in Early Childhood designated under section 657B(b) of the Head Start Act (42 U.S.C. 9852b(b)).

(3)

Early childhood education program.— The term “early childhood education program” has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

(4)

Existing program.— The term “existing program” means a Federal, State, local, or privately-funded early childhood education program that—

(A)

was operating in the State on the day before the date of enactment of this Act; or

(B)

began operating in the State at any time on or after the date of enactment of this Act through funds that were not provided by a grant under this section.

(5)

Mixed delivery system.— The term “mixed delivery system” means a system—

(A)

of early childhood education services that are delivered through a combination of programs, providers, and settings (such as Head Start, licensed family and center-based child care programs, public schools, and community-based organizations); and

(B)

that is supported with a combination of public funds and private funds.

(6)

Secretary.— The term “Secretary” means the Secretary of Health and Human Services.

(7)

State advisory council.— The term “State Advisory Council” means a State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)).

(c)

Grants Authorized.—

(1)

In general.— From amounts made available under subsection (k), the Secretary, jointly with the Secretary of Education, shall award grants to States to enable the States to carry out the activities described in subsection (f).

(2)

Award basis.— Grants under this subsection shall be awarded—

(A)

on a competitive basis; and

(B)

with priority for States that meet the requirements of subsection (e)(3).

(3)

Duration of grants.— A grant awarded under paragraph (1) shall be for a period of not more than 1 year and may be renewed by the Secretary, jointly with the Secretary of Education, under subsection (g).

(4)

Matching requirement.— Each State that receives a grant under this section shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of such grant.

(d)

Initial Application.— A State desiring a grant under subsection (c)(1) shall submit an application at such time and in such manner as the Secretary may reasonably require. The application shall contain—

(1)

an identification of the State entity that the Governor of the State has appointed to be responsible for duties under this section;

(2)

a description of how such State entity proposes to accomplish the activities described in subsection (f) and meet the purposes of this section described in subsection (a), including—

(A)

a timeline for strategic planning activities; and

(B)

a description of how the strategic planning activities and the proposed activities described in subsection (f) will increase participation of children from low-income and disadvantaged families in high-quality early childhood education and preschool programs as a result of the grant;

(3)

a description of the Federal, State, and local existing programs in the State for which such State entity proposes to facilitate activities described in subsection (f), including—

(A)

programs carried out under the Head Start Act (42 U.S.C. 9801 et seq.), including the Early Head Start programs carried out under such Act;

(B)

child care programs carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) or section 418 of the Social Security Act (42 U.S.C. 618); and

(C)

other Federal, State, and local programs of early learning and development, early childhood education, and child care, operating in the State (including programs operated by Indian tribes and tribal organizations and private entities, including faith- and community-based entities), as of the date of the application for the grant;

(4)

a description of how the State entity, in collaboration with Centers of Excellence in Early Childhood, if appropriate, will provide technical assistance and disseminate best practices;

(5)

a description of how the State plans to sustain the activities described in, and carried out in accordance with, subsection (f) with non-Federal sources after grant funds under this section are no longer available, if the State plans to continue such activities after such time; and

(6)

a description of how the State entity will work with the State Advisory Council and Head Start collaboration offices.

(e)

Review Process.— The Secretary shall review the applications submitted under subsection (d) to—

(1)

determine which applications satisfy the requirements of such subsection;

(2)

confirm that each State submitting an application has, as of the date of the application, a mixed delivery system in place; and

(3)

determine if a priority is merited in accordance with subsection (c)(2)(B) because the State has never received—

(A)

a grant under subsection (c); or

(B)

a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act.

(f)

Use of Funds.— A State, acting through the State entity appointed under subsection (d)(1), that receives a grant under subsection (c)(1) shall use the grant funds for all of the following activities:

(1)

Conducting a periodic statewide needs assessment of—

(A)

the availability and quality of existing programs in the State, including such programs serving the most vulnerable or underserved populations and children in rural areas;

(B)

to the extent practicable, the unduplicated number of children being served in existing programs; and

(C)

to the extent practicable, the unduplicated number of children awaiting service in such programs.

(2)

Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities (including activities to improve children’s transition from early childhood education programs into elementary schools) among existing programs in the State and local educational agencies. Such plan shall include information that—

(A)

identifies opportunities for, and barriers to, collaboration and coordination among existing programs in the State, including among State, local, and tribal (if applicable) agencies responsible for administering such programs;

(B)

recommends partnership opportunities among Head Start providers, local educational agencies, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities) that would improve coordination, program quality, and delivery of services;

(C)

builds on existing plans and goals with respect to early childhood education programs, including improving coordination and collaboration among such programs, of the State Advisory Council while incorporating new or updated Federal, State, and local statutory requirements, including—

(i)

the requirements of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); and

(ii)

when appropriate, information found in the report required under section 13 of the Child Care and Development Block Grant Act of 2014 (Public Law 113–186; 128 Stat. 2002); and

(D)

describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve children and families in existing programs and how such activities will increase the overall participation of children in the State.

(3)

Maximizing parental choice and knowledge about the State’s mixed delivery system of existing programs and providers by—

(A)

ensuring that parents are provided information about the variety of early childhood education programs for children from birth to kindergarten entry in the State’s mixed delivery system; and

(B)

promoting and increasing involvement by parents and family members, including families of low-income and disadvantaged children, in the development of their children and the transition of such children from an early childhood education program into an elementary school.

(4)

Sharing best practices among early childhood education program providers in the State to increase collaboration and efficiency of services, including to improve transitions from such programs to elementary school.

(5)

After activities described in paragraphs (1) and (2) have been completed, improving the overall quality of early childhood education programs in the State, including by developing and implementing evidence-based practices that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965, to improve professional development for early childhood education providers and educational opportunities for children.

(g)

Renewal Grants.—

(1)

In general.— The Secretary, jointly with the Secretary of Education, may use funds available under subsection (k) to award renewal grants to States described in paragraph (2) to enable such States to continue activities described in subsection (f) and to carry out additional activities described in paragraph (6).

(2)

Eligible states.— A State shall be eligible for a grant under paragraph (1) if—

(A)

the State has received a grant under subsection (c)(1) and the grant period has concluded; or

(B)

(i)

the State has received a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act, and the grant period for such grant has concluded; and

(ii)

the Secretary allows such State to apply directly for a renewal grant under this subsection, rather than an initial grant under subsection (c)(1), and the State submits with its application the needs assessment completed under the preschool development grant (updated as necessary to reflect the needs of the State as of the time of the application) in place of the activity described in subsection (f)(1).

(3)

Duration of grants.— A grant awarded under this subsection shall be for a period of not more than 3 years and shall not be renewed.

(4)

Matching requirement.— Each State that receives a grant under this subsection shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of the grant.

(5)

Application.— A State described in paragraph (2) that desires a grant under this subsection shall submit an application for renewal at such time and in such manner as the Secretary may reasonably require. The application shall contain—

(A)

applicable information required in the application described in subsection (d), and in the case of a State described in paragraph (2)(A), updated as the State determines necessary;

(B)

in the case of a State described in paragraph (2)(A), a description of how funds were used for the activities described in subsection (f) in the initial grant period and the extent to which such activities will continue to be supported in the renewal period;

(C)

in the case of a State described in paragraph (2)(B), how a needs assessment completed prior to the date of the application, such as the needs assessment completed under the preschool development grant program (as such program existed prior to the date of enactment of this Act), and updated as necessary in accordance with paragraph (2)(B)(ii), will be sufficient information to inform the use of funds under this subsection, and a copy of such needs assessment;

(D)

a description of how funds will be used for the activities described in paragraph (6) during the renewal grant period, if the State proposes to use grant funds for such activities; and

(E)

in the case of a State that proposes to carry out activities described in paragraph (6) and to continue such activities after grant funds under this subsection are no longer available, a description of how such activities will be sustained with non-Federal sources after such time.

(6)

Additional activities.—

(A)

In general.— Each State that receives a grant under this subsection may use grant funds to award subgrants to programs in a mixed delivery system across the State designed to benefit low-income and disadvantaged children prior to entering kindergarten, to—

(i)

(I)

enable programs to implement activities addressing areas in need of improvement as determined by the State, through the use of funds for the activities described in paragraph (5)(C) or subsection (f), as applicable; and

(II)

as determined through the activities described in paragraph (5)(C) or subsection (f), as applicable, expand access to such existing programs; or

(ii)

develop new programs to address the needs of children and families eligible for, but not served by, such programs, if the State ensures that—

(I)

the distribution of subgrants under this subparagraph supports a mixed delivery system; and

(II)

funds made available under this subparagraph will be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section.

(B)

Priority.— In awarding subgrants under subparagraph (A), a State shall prioritize activities to improve areas in which there are State-identified needs that would improve services for low-income and disadvantaged children living in rural areas.

(C)

Special rule.— A State receiving a renewal grant under this subsection that elects to award subgrants under subparagraph (A) shall not—

(i)

for the first year of the renewal grant, use more than 60 percent of the grant funds available for such year to award such subgrants; and

(ii)

for each of the second and third years of the renewal grant, use more than 75 percent of the grant funds available for such year to award such subgrants.

(h)

State Reporting.—

(1)

Initial grants.— A State that receives an initial grant under subsection (c)(1) shall submit a final report to the Secretary not later than 6 months after the end of the grant period. The report shall include a description of—

(A)

how, and to what extent, the grant funds were utilized for activities described in subsection (f), and any other activities through which funds were used to meet the purposes of this section, as described in subsection (a);

(B)

strategies undertaken at the State level and, if applicable, local or program level, to implement recommendations in the strategic plan developed under subsection (f)(2);

(C)

(i)

any new partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities); and

(ii)

how these partnerships improve coordination and delivery of services;

(D)

if applicable, the degree to which the State used information from the report required under section 13 of the Child Care and Development Block Grant Act of 2014 to inform activities under this section, and how this information was useful in coordinating, and collaborating among, programs and funding sources;

(E)

the extent to which activities funded by the initial grant led to the blending or braiding of other public and private funding;

(F)

how information about available existing programs for children from birth to kindergarten entry was disseminated to parents and families, and how involvement by parents and family was improved; and

(G)

other State-determined and voluntarily provided information to share best practices regarding early childhood education programs and the coordination of such programs.

(2)

Renewal grants.— A State receiving a renewal grant under subsection (g) shall submit a follow-up report to the Secretary not later than 6 months after the end of the grant period that includes—

(A)

information described in subparagraphs (A) through (G) of paragraph (1), as applicable and updated for the period covered by the renewal grant; and

(B)

if applicable, information on how the State was better able to serve children through the distribution of funds in accordance with subsection (g)(5), through—

(i)

a description of the activities conducted through the use of subgrant funds, including, where appropriate, measurable areas of program improvement and better use of existing resources; and

(ii)

best practices from the use of subgrant funds, including how to better serve the most vulnerable, underserved, and rural populations.

(i)

Rules of Construction.—

(1)

Limitations on federal interference.— Nothing in this section shall be construed to authorize the Secretary or the Secretary of Education to establish any criterion for grants made under this section that specifies, defines, or prescribes—

(A)

early learning and development guidelines, standards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments;

(B)

specific measures or indicators of quality early learning and care, including—

(i)

the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and

(ii)

the term “high-quality” as it relates to early learning, development, or care;

(C)

early learning or preschool curriculum, programs of instruction, or instructional content;

(D)

teacher and staff qualifications and salaries;

(E)

class sizes and ratios of children to instructional staff;

(F)

any new requirement that an early childhood education program is required to meet that is not explicitly authorized in this section;

(G)

the scope of programs, including length of program day and length of program year; and

(H)

any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State, local educational agency, or early childhood education program.

(2)

Limitation on governmental requirements.— Nothing in this section shall be construed to authorize the Secretary, Secretary of Education, the State, or any other governmental agency to alter requirements for existing programs for which coordination and alignment activities are recommended under this section, or to force programs to adhere to any recommendations developed through this program. The Secretary, Secretary of Education, State, or other governmental agency may only take an action described in the preceding sentence as otherwise authorized under Federal, State, or local law.

(3)

Secretary of education.— Nothing in this section shall be construed to authorize the Secretary of Education to have sole decision-making or regulatory authority in carrying out the program authorized under this section.

(j)

Planning and Transition.—

(1)

In general.— The recipient of an award for a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act may continue to receive funds in accordance with the terms of such existing award.

(2)

Transition.— The Secretary, jointly with the Secretary of Education, shall take such steps as are necessary to ensure an orderly transition to, and implementation of, the program under this section from the preschool development grants for development or expansion program as such program was operating prior to the date of enactment of this Act, in accordance with subsection (k).

(k)

Authorization of Appropriations.— There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section $250,000,000 for each of fiscal years 2017 through 2020.

SEC. 9213. Review of Federal Early Childhood Education Programs.

(a)

In General.— The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall conduct an interdepartmental review of all early childhood education programs for children less than 6 years of age in order to—

(1)

develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 2012 annual report (GAO–12–342SP);

(2)

determine if the activities conducted by States using grant funds from preschool development grants under section 9212 have led to better utilization of resources; and

(3)

make recommendations to Congress for streamlining all such programs.

(b)

Report and Updates.— The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall—

(1)

not later than 2 years after the date of enactment of this Act, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a detailed report that—

(A)

outlines the efficiencies that can be achieved by, and specific recommendations for, eliminating overlap and fragmentation among all Federal early childhood education programs;

(B)

explains how the use by States of preschool development grant funds under section 9212 has led to the better utilization of resources; and

(C)

builds upon the review of Federal early learning and care programs required under section 13 of the Child Care and Development Block Grant Act of 2014 (Public Law 113–186; 128 Stat. 2002); and

(2)

annually prepare and submit to such Committees a detailed update of the report described in paragraph (1).

SEC. 9214. Use of the Term “highly Qualified” in Other Laws.

(a)

References.— Beginning on the date of enactment of this Act—

(1)

any reference in sections 420N, 428J, 428K, and 460 of the Higher Education Act of 1965 (20 U.S.C. 1070g–2, 1078–10, 1078–11, and 1087j) to the term “highly qualified” as defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall be treated as a reference to such term under such section 9101 as in effect on the day before the date of enactment of this Act; and

(2)

any reference in section 6112 of the America COMPETES Act (20 U.S.C. 9812), section 553 of the America COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n), to “highly qualified”, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, with respect to a teacher, means that the teacher meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification.

(b)

Education Sciences Reform Act of 2002.— Section 153(a)(1)(F)(ii) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(1)(F)(ii)) is amended by striking “ teachers who are highly qualified (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C).”.

(c)

Higher Education Act of 1965.— The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended—

(1)

in section 200—

(A)

by striking paragraph (13);

(B)

in paragraph (17)(B)(ii), by striking “ to become highly qualified” and inserting “ who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”; and

(C)

in paragraph (22)(D)(i), by striking “ becomes highly qualified” and inserting “ , with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(2)

in section 201(3), by striking “ highly qualified teachers” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(3)

in section 202—

(A)

in subsection (b)(6)(H), by striking “ highly qualified teachers” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,”;

(B)

subsection (d)—

(i)

in paragraph (1)—

(I)

in subparagraph (A)(i)(I), by striking “ be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English proficient who may teach multiple subjects)” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient)”; and

(II)

in subparagraph (B)(iii), by striking “ become highly qualified, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities”; and

(ii)

in paragraph (5), by striking “ become highly qualified teachers” and inserting “ become teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”; and

(C)

in subsection (e)(2)(C)(iii), by striking subclause (IV) and inserting the following:

“(IV) meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and”

(4)

in section 204, by striking “ highly qualified teachers” each place it appears and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)),”;

(5)

in section 205(b)(1)(I), by striking “ highly qualified teachers” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(6)

in section 207(a)(1), by striking “ highly qualified teachers” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,”;

(7)

in section 208(b)—

(A)

, by striking “ are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965,” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification,”; and

(B)

by striking “ is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act” and inserting “ meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(8)

in section 242(b)—

(A)

in the matter preceding paragraph (1), by striking “ are highly qualified” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,”;

(B)

in paragraph (1), by striking “ are highly qualified,” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,”; and

(C)

in paragraph (3), by striking “ highly qualified teachers and principals” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, and highly qualified principals”;

(9)

in section 251(b)(1)(A)(iii), by striking “ are highly qualified” and inserting “ meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(10)

in section 255(k)—

(A)

by striking paragraph (1) and inserting the following:

“(1) meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act;”

; and

(B)

in paragraph (3), by striking “ teacher who meets the requirements of section 9101(23) of such Act” and inserting “ teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act”;

(11)

in section 258(d)(1)—

(A)

by striking “ highly qualified”; and

(B)

by inserting “ , who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act” before the period at the end; and

(12)

section 806—

(A)

in subsection (a), by striking paragraph (2); and

(B)

in subsection (c)(1), by striking “ highly qualified teachers” and inserting “ teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,”.

(d)

Individuals With Disabilities Education Act.— The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended—

(1)

in section 602, by striking paragraph (10);

(2)

in section 612(a)(14)—

(A)

in subparagraph (C), by striking “ secondary school is highly qualified by the deadline established in section 1119(a)(2) of the Elementary and Secondary Education Act of 1965” and inserting

“(i) has obtained full State certification as a special education teacher (including participating in an alternate route to certification as a special educator, if such alternate route meets minimum requirements described in section 2005.56(a)(2)(ii) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except with respect to any teacher teaching in a public charter school who shall meet the requirements set forth in the State’s public charter school law;

“(ii) has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and

“(iii) holds at least a bachelor’s degree.”

(B)

in subparagraph (D), by striking “ highly qualified personnel” and inserting “ personnel who meet the applicable requirements described in this paragraph”; and

(C)

in subparagraph (E), by striking “ staff person to be highly qualified” and inserting “ staff person to meet the applicable requirements described in this paragraph”;

(3)

in section 653(b)—

(A)

in paragraph (7), by striking “ highly qualified teachers” and inserting “ teachers who meet the qualifications described in section 612(a)(14)(C)”; and

(B)

in paragraph (8), by striking “ teachers who are not highly qualified” and inserting “ teachers who do not meet the qualifications described in section 612(a)(14)(C)”; and

(4)

in section 654—

(A)

in subsection (a)(4), in the matter preceding subparagraph (A), by striking “ highly qualified special education teachers, particularly initiatives that have been proven effective in recruiting and retaining highly qualified teachers” and inserting “ special education teachers who meet the qualifications described in section 612(a)(14)(C), particularly initiatives that have been proven effective in recruiting and retaining teachers”; and

(B)

in subsection (b)—

(i)

in paragraph (2), by striking “ certification of special education teachers for highly qualified individuals with a baccalaureate or master’s degree” and inserting “ certification of special education teachers for individuals with a baccalaureate or master’s degree who meet the qualifications described in section 612(a)(14)(C)”; and

(ii)

in paragraph (4), by striking “ highly qualified special education teachers” and inserting “ special education teachers who meet the qualifications described in section 612(a)(14)(C)”; and

(C)

in section 662—

(i)

in subsection (a)—

(I)

in paragraph (1), by striking “ highly qualified personnel, as defined in section 651(b)” and inserting “ personnel, as defined in section 651(b), who meet the applicable requirements described in section 612(a)(14)”; and

(II)

in paragraph (5), by striking “ special education teachers are highly qualified” and inserting “ special education teachers meet the qualifications described in section 612(a)(14)(C)”;

(ii)

in subsection (b)(2)(B), by striking “ highly qualified teachers” and inserting “ special education teachers who meet the qualifications described in section 612(a)(14)(C)”; and

(iii)

in subsection (c)(4)(B), by striking “ highly qualified personnel” and inserting “ personnel who meet the applicable requirements described in section 612(a)(14)”.

(e)

Individuals With Disabilities Education Improvement Act of 2004.— Section 302(a) of the Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. 1400 note) is amended—

(1)

by striking “ Part D.—” through “ parts A” and inserting “ Part D.—Parts A” ; and

(2)

by striking paragraph (2).

SEC. 9215. Additional Conforming Amendments to Other Laws.

(a)

Act of April 16, 1934 (popularly Known as the Johnson-O’Malley Act).— Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is amended by striking “ section 7114(c)(4) of the Elementary and Secondary Education Act of 1965” and inserting “ section 6114(c)(4) of the Elementary and Secondary Education Act of 1965”.

(b)

Adam Walsh Child Protection and Safety Act of 2006.— Section 153(h) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16962(h)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(c)

Adult Education and Literacy Act.— Paragraph (8) of section 203 of the Adult Education and Literacy Act (29 U.S.C. 3272) is amended to read as follows:

“(8) Essential components of reading instruction.—The term ‘essential components of reading instruction’ means explicit and systematic instruction in—

“(A) phonemic awareness;

“(B) phonics;

“(C) vocabulary development;

“(D) reading fluency, including oral reading skills; and

“(E) reading comprehension strategies.”

(d)

Age Discrimination Act of 1975.— Section 309(4)(B)(ii) of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(e)

Age Discrimination in Employment Act of 1967.— Section 4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965)”.

(f)

Agricultural Act of 2014.— Section 7606(a) of the Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by striking “ the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),”.

(g)

Agricultural Research, Extension, and Education Reform Act of 1998.— Section 413(b)(4) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633(b)(4)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965)”.

(h)

Albert Einstein Distinguished Educator Fellowship Act of 1994.— Each of paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7838b) are amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(i)

America COMPETES Act.— The America COMPETES Act (Public Law 110–69) is amended as follows:

(1)

Section 6002(a) (20 U.S.C. 9802(a)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965.”.

(2)

Section 6122 (20 U.S.C. 9832) is amended—

(A)

in paragraph (3), by striking “ The term ‘low-income student’ has the meaning given the term ‘low-income individual’ in section 1707(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(3)).” and inserting “ The term ‘low-income student’ means an individual who is determined by a State educational agency or local educational agency to be a child ages 5 through 19, from a low-income family, on the basis of data used by the Secretary to determine allocations under section 1124 of the Elementary and Secondary Education Act of 1965, data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, data on children in families receiving assistance under part A of title IV of the Social Security Act, or data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or through an alternate method that combines or extrapolates from those data.”; and

(B)

in paragraph (4), by striking “ The term ‘high concentration of low-income students’ has the meaning given the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).” and inserting “ The term ‘high concentration of low-income students’, used with respect to a school, means a school that serves a student population 40 percent or more of who are low-income students.”.

(3)

Section 6123 (20 U.S.C. 9833) is amended—

(A)

in subsection (c), by striking “ the activities carried out under section 1705 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6535).” and inserting the following:

“(1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or

“(2) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate programs.”

; and

(B)

in subsection (j)(2)(B), by striking “ section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))” and inserting “ section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi))”.

(4)

Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 9871(e)(2)(D)(ii)(I)) is amended by striking “ yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))” and inserting “ yearly test records of individual students with respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2))”.

(5)

Section 7001 (42 U.S.C. 1862o note) is amended—

(A)

in paragraph (4), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

in paragraph (7), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(j)

American History and Civics Education Act of 2004.— Section 2(d) of the American History and Civics Education Act of 2004 (20 U.S.C. 6713 note) is amended by striking “ to carry out part D of title V of the Elementary and Secondary Education Act of 1965” and inserting “ to carry out section 2232 of the Elementary and Secondary Education Act of 1965”.

(k)

Anti-Drug Abuse Act of 1988.— Section 3521(d)(8)(A) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking “ education and instruction consistent with title IV of the Elementary and Secondary Education Act of 1965” and inserting “ education and instruction consistent with part A of title IV of the Elementary and Secondary Education Act of 1965”.

(l)

Assets for Independence Act.— Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking “ section 7207 of the Native Hawaiian Education Act” and inserting “ section 6207 of the Native Hawaiian Education Act”.

(m)

Assistive Technology Act of 1998.— Section 4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(c)(2)(B)(i)(V)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(n)

Carl D. Perkins Career and Technical Education Act of 2006.— The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows:

(1)

Section 3 (20 U.S.C. 2302) is amended—

(A)

in paragraph (8), by striking “ section 5210 of the Elementary and Secondary Education Act of 1965” and inserting “ section 4310 of the Elementary and Secondary Education Act of 1965”;

(B)

in paragraph (11), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (19), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(D)

in paragraph (27), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking “ section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965” and inserting “ section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”.

(3)

Section 113(b) (20 U.S.C. 2323(b)) is amended—

(A)

in paragraph (2)(A)—

(i)

by striking clause (i) and inserting the following:

“(i) Student attainment of the challenging State academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined levels of achievement on the academic assessments described in section 1111(b)(2) of such Act.”

; and

(ii)

in clause (iv), by striking “ (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965)” and inserting “ (as described in section 1111(c)(4)(A)(i)(I)(bb) of the Elementary and Secondary Education Act of 1965)”; and

(B)

in paragraph (4)(C)(ii)(I), by striking “ categories” and inserting “ subgroups”.

(4)

Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking “ integrating those programs with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;” and inserting the following: “ integrating those programs with challenging State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;”.

(5)

Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by striking “ section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)” and inserting “ section 6207 of the Native Hawaiian Education Act”.

(6)

Section 122(c)(20 U.S.C. 2342(c)) is amended—

(A)

in paragraph (1)(I)(i), by striking “ aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “ aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”; and

(B)

in paragraph (7)(A)(i), by striking “ the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(7)

Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is amended in paragraph (4)(A), by striking “ the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(8)

Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended—

(A)

in subparagraph (B)(i), by striking “ the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and

(B)

in subparagraph (E), by striking “ in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ in order to provide a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(9)

Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is amended by striking “ the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(10)

Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is amended by striking “ in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ as part of a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(o)

Child Abuse Prevention and Treatment Act.— Section 111(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(3)) is amended by striking “ section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517);” and inserting “ section 6207 of the Elementary and Secondary Education Act of 1965;”.

(p)

Child Care and Development Block Grant Act of 1990.— The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended as follows:

(1)

Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking “ (as defined in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517))” and inserting “ (as defined in section 6207 of the Elementary and Secondary Education Act of 1965)”.

(2)

Section 658P(5) (42 U.S.C. 9858n(5)) is amended by striking “ an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832)” and inserting “ an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832)”.

(q)

Children’s Internet Protection Act.— Section 1721(g) of the Children’s Internet Protection Act (20 U.S.C. 9134 note; 114 Stat. 2763A-350), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763), is amended by striking “ Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.” and inserting “ Notwithstanding any other provision of law, funds available under part B of title I of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.”.

(r)

Civil Rights Act of 1964.— Section 606(2)(B) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking “ a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965),” and inserting “ a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”.

(s)

Communications Act of 1934.— Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended—

(1)

in paragraph (5)(A)(iii), by striking “ an elementary or secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “ an elementary school or a secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”; and

(2)

in paragraph (7)(A), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(t)

Community Services Block Grant Act.— Section 682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965)”.

(u)

Congressional Award Act.— Section 203(3)(A) of the Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by striking “ section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(v)

Department of Education Organization Act.— Section 215(b)(2)(A) of the Department of Education Organization Act (20 U.S.C. 3423c) is amended by striking “ be responsible for administering this title” and inserting “ be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965”.

(w)

Department of Energy Science Education Enhancement Act.— Section 3181(a)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by striking “ with a high concentration of low-income individuals (as defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537))” and inserting “ in which 40 percent or more of the students attending the school are children from low-income families”.

(x)

Department of Transportation and Related Agencies Appropriations Act, 2001.— Section 303 of the Department of Transportation and Related Agencies Appropriations Act, 2001, (49 U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 101(a) of the Act entitled “An Act making appropriations for the Department of Transportation and related agencies for the fiscal year ending September, 30, 2001, and for other purposes”, approved October 23, 2000 (Public Law 106-346; 114 Stat. 1356), is amended by striking “ except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;” and inserting “ except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965, for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;”.

(y)

District of Columbia College Access Act of 1999.— Section 3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(5), D.C. Official Code) is amended by striking “ section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(z)

District of Columbia School Reform Act of 1995.— Section 2210(a) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and inserting the following:

“(6) Inapplicability of certain esea provisions.—The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school:

“(A) Paragraph (4) of section 1112(b) and paragraph (1) of section 1112(c).

“(B) Section 1113.

“(C) Subsections (d) and (e) of section 1116.

“(D) Section 1117.

“(E) Subsections (c) and (e) of section 1118.”

(aa)

Earthquake Hazards.— Section 2(c)(1)(A) of the Act entitled “An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes”, approved October 1, 1997 (42 U.S.C. 7704 note) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(bb)

Education Amendments of 1972.— Section 908(2)(B) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by striking “ 9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;”.

(cc)

Education Amendments of 1978.— Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended as follows:

(1)

Section 1139(e) (25 U.S.C. 2019(e)) is amended by striking “ part B of title I of the Elementary and Secondary Education Act of 1965” and inserting “ subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965”.

(2)

Section 1141(9) (25 U.S.C. 2021(9)) is amended by striking “ the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “ the Elementary and Secondary Education Act of 1965”.

(dd)

Education for Economic Security Act.— The Education for Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows:

(1)

Section 3 (20 U.S.C. 3902) is amended—

(A)

in paragraph (3), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965.”;

(B)

in paragraph (7), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (8), by striking “ section 198(a)(7) of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(D)

in paragraph (12), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965.”.

(2)

Section 511 (20 U.S.C. 4020) is amended—

(A)

by striking subparagraph (A) of paragraph (4) and inserting the following:

“(A) any local educational agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and”

; and

(B)

by striking subparagraph (A) of paragraph (5) and inserting the following:

“(A) any elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and”

(ee)

Education of the Deaf Act of 1986.— Section 104(b)(5) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is amended—

(1)

in subparagraph (A)—

(A)

in clause (i), by striking “ select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3))” and inserting “ select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))”; and

(B)

in clause (ii), by striking “ 2009–2010 academic year” and inserting “ 2016–2017 academic year”;

(2)

by striking subparagraph (B) and inserting the following:

“(B) adopt the accountability system, consistent with section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph (A)(i); and”

; and

(3)

in subparagraph (C), by striking “ whether the programs at the Clerc Center are making adequate yearly progress” and inserting “ the results of the annual evaluation of the programs at the Clerc Center”.

(ff)

Education Sciences Reform Act of 2002.— The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as follows:

(1)

Paragraph (1) of section 102 (20 U.S.C. 9501) is amended to read as follows:

“(1)

(A) In general.—The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational agency’ have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965.

“(B) Outlying areas.—The term ‘outlying areas’ has the meaning given such term in section 1121(c) of such Act.

“(C) Freely associated states.—The term ‘freely associated states’ means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.”

(2)

Section 173(b) (20 U.S.C. 9563(b)) is amended by striking “ part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)” and inserting “ section 8601 of the Elementary and Secondary Education Act of 1965”.

(gg)

Educational Technical Assistance Act of 2002.— The Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended as follows:

(1)

Section 202 (20 U.S.C. 9601) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 203 (20 U.S.C. 9602) is amended—

(A)

in subsection (a)(2)(B), by striking “ the number of schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “ the number of schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”;

(B)

in subsection (e)(3), by striking “ schools in the region that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “ schools in the region that are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”; and

(C)

in subsection (f)(1)(B), by striking “ and encouraging and sustaining school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)))” and inserting “ , and particularly assisting those schools implementing comprehensive support and improvement and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965,”.

(hh)

Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965)”.

(ii)

Family Violence Prevention and Services Act.— Section 302(6) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(6)) is amended by striking “ section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).” and inserting “ section 6207 of the Elementary and Secondary Education Act of 1965.”.

(jj)

FDA Food Safety Modernization Act.— Section 112(a)(2) of the FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(kk)

Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.— Section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) is amended—

(1)

in subsection (a), by striking “ subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))” and inserting “ subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1)”; and

(2)

in subsection (g), by striking “ section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “ section 7013 of the Elementary and Secondary Education Act of 1965.”.

(ll)

Food and Agriculture Act of 1977.— Section 1417(j)(1)(B) of the Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(mm)

General Education Provisions Act.— The General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows:

(1)

Section 425(6) (20 U.S.C. 1226c(6)) is amended by striking “ section 9601 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8601 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 426 (20 U.S.C. 1228) is amended by striking “ title VIII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 8003(d) of such Act or residing on property described in section 8013(10) of such Act.” and inserting “ title VII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 7003(d) of such Act or residing on property described in section 7013(10) of such Act.”.

(3)

Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is amended by striking “ an elementary or secondary school as defined by the Elementary and Secondary Education Act of 1965” and inserting “ an elementary or secondary school (as defined by the terms ‘elementary school’ and ‘secondary school’ in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(4)

Section 441(a) (20 U.S.C. 1232d(a)) is amended by striking “ part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” and inserting “ part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”.

(5)

Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is amended by striking “ part A of title V” and inserting “ part A of title IV”.

(nn)

Head Start Act.— The Head Start Act (42 U.S.C. 9831 et seq.) is amended as follows:

(1)

Section 637 (42 U.S.C. 9832) is amended—

(A)

in the paragraph relating to a delegate agency, by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

in subparagraph (A)(ii)(I) of the paragraph relating to limited English proficient, by striking “ (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101);” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101);”.

(2)

Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended—

(A)

in subparagraph (H)—

(i)

by striking clause (i);

(ii)

by redesignating clauses (ii) through (vii) as clauses (i) through (vi), respectively; and

(iii)

in clause (i) (as so redesignated)—

(I)

by striking “ other”; and

(II)

by striking “ that Act” and inserting “ the Elementary and Secondary Education Act of 1965”; and

(B)

in subparagraph (J)(iii), by striking “ , such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”.

(3)

Section 642 (42 U.S.C. 9837) is amended—

(A)

in subsection (b)(4), by striking “ , such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”; and

(B)

in subsection (e)(3), by striking “ Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),”.

(4)

Section 642A(a) (42 U.S.C. 9837a(a)) is amended—

(A)

in paragraph (7)(B), by striking “ the information provided to parents of limited English proficient children under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)” and inserting “ the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965”; and

(B)

in paragraph (8), by striking “ parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “ parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965”.

(5)

Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) is amended by striking “ , and for activities described in section 1222(d) of the Elementary and Secondary Education Act of 1965),”.

(6)

Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) is amended—

(A)

by striking subclause (III);

(B)

by redesignating subclauses (IV) through (VII) as subclauses (III) through (VI), respectively; and

(C)

in subclause (III) (as so redesignated)—

(i)

by striking “ other”; and

(ii)

by striking “ that Act” and inserting “ the Elementary and Secondary Education Act of 1965”.

(oo)

Higher Education Act of 1965.— The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows:

(1)

Section 103 (20 U.S.C. 1003) is amended—

(A)

in paragraph (9), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(B)

in paragraph (10), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (11), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(D)

in paragraph (16), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(E)

in paragraph (21), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 200 (20 U.S.C. 1021) is amended—

(A)

in paragraph (3), by striking “ The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ The term ‘core academic subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography”;

(B)

in paragraph (5), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (6)(B), by striking “ section 5210 of the Elementary and Secondary Education Act of 1965)” and inserting “ section 4310 of the Elementary and Secondary Education Act of 1965)”;

(D)

by striking paragraph (7) and inserting the following:

“(7) Essential components of reading instruction.—The term ‘essential components of reading instruction’ has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.”

(E)

by striking paragraph (8) and inserting the following:

“(8) Exemplary teacher.—The term ‘exemplary teacher’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.”

(F)

in paragraph (10)(A)—

(i)

in clause (iii), by striking “ section 6211(b) of the Elementary and Secondary Education Act of 1965” and inserting “ section 5211(b) of the Elementary and Secondary Education Act of 1965”; and

(ii)

in clause (iv), by striking “ section 6221(b) of the Elementary and Secondary Education Act of 1965” and inserting “ section 5221(b) of the Elementary and Secondary Education Act of 1965”;

(G)

in paragraph (15), by striking “ The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “ The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.”;

(H)

in paragraph (16), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(I)

in paragraph (19), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965.”.

(3)

Section 202 (20 U.S.C. 1022a) is amended in subsection (b)(6)(E)(ii), by striking “ student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “ challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,”.

(4)

Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is amended by striking “ are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “ are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”.

(5)

Section 241 (20 U.S.C. 1033)) is amended by striking paragraph (2) and inserting the following:

“(2) Scientifically based reading research.—The term ‘scientifically based reading research’—

“(A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and

“(B) includes research that—

“(i) employs systemic, empirical methods that draw on observation or experiment;

“(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

“(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and

“(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.”

(6)

Section 317(b) (20 U.S.C. 1059d(b)) is amended—

(A)

in paragraph (1), by striking “ section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “ section 6306 of the Elementary and Secondary Education Act of 1965;”; and

(B)

in paragraph (3), by striking “ section 7207 of the Elementary and Secondary Education Act of 1965; and” and inserting “ section 6207 of the Elementary and Secondary Education Act of 1965; and”.

(7)

Section 402E(d)(2) (20 U.S.C. 1070a–15(d)(2)) is amended—

(A)

in subparagraph (A), by striking “ Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “ Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965;”; and

(B)

in subparagraph (B), by striking “ Native Hawaiians, as defined in section 7207 of such Act” and inserting “ Native Hawaiians, as defined in section 6207 of such Act”.

(8)

Section 428K (20 U.S.C. 1078–11) is amended in subsection (b)—

(A)

in paragraph (5)(B)(iv), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

by striking paragraph (8) and inserting the following:

“(8) School counselors.—The individual—

“(A) is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who—

“(i) is licensed by the State or certified by an independent professional regulatory authority;

“(ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or

“(iii) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and

“(B) is so employed in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.”

(9)

Section 469(a) (20 U.S.C. 1087ii(a)) is amended by striking “ eligible to be counted under title I of the Elementary and Secondary Education Act of 1965” and inserting “ eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965”.

(10)

Section 481(f) (20 U.S.C. 1088(f)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(11)

Section 819(b) (20 U.S.C. 1161j) is amended—

(A)

in paragraph (1), by striking “ section 7306 of the Elementary and Secondary Education Act of 1965.” and inserting “ section 6306 of the Elementary and Secondary Education Act of 1965.”; and

(B)

in paragraph (4), by striking “ section 7207 of the Elementary and Secondary Education Act of 1965.” and inserting “ section 6207 of the Elementary and Secondary Education Act of 1965.”.

(12)

Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965)”.

(pp)

Impact Aid Improvement Act of 2012.— Section 563(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 note) as amended by section 7001(a), is further amended by striking “ Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.” and inserting “ With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, for fiscal year 2010, title VIII of the Elementary and Secondary Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) shall take effect with respect to such applications, notwithstanding section 8005(d) of such Act, as in effect on such date.”.

(qq)

Indian Health Care Improvement Act.— Section 726(b)(3)(D)(iii) of the Indian Health Care Improvement Act (25 U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking “ a school receiving payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702, 7703).” and inserting “ a school receiving payments under section 7002 or 7003 of the Elementary and Secondary Education Act of 1965.”.

(rr)

Indian Self-Determination and Education Assistance Act.— Section 209 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458e) is amended by striking “ assistance provided under title IX of the Elementary and Secondary Education Act of 1965.” and inserting “ assistance provided under title VI of the Elementary and Secondary Education Act of 1965.”.

(ss)

Individuals With Disabilities Education Act.— The Individuals with Disabilities Education Act is amended as follows:

(1)

Section 602 (20 U.S.C. 1401) is amended—

(A)

by striking paragraph (4);

(B)

in paragraph (8)(a)(3), by striking “ under parts A and B of title III of that Act” and inserting “ under part A of title III of that Act”; and

(C)

by striking paragraph (18) and inserting the following:

“(18) Limited english proficient.—The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.”

(2)

Section 611(e) (20 U.S.C. 1411(e)) is amended—

(A)

in paragraph (2)(C)—

(i)

in clause (x), by striking “ 6111 of the Elementary and Secondary Education Act of 1965” and inserting “ 1201 of the Elementary and Secondary Education Act of 1965”; and

(ii)

in clause (xi)—

(I)

by striking “ including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities” and inserting “ including direct student services described in section 1003A(c)(3) of the Elementary and Secondary Education Act of 1965 to children with disabilities, to schools or local educational agencies implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities”; and

(II)

by striking “ to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965” and inserting “ based on the challenging academic standards described in section 1111(b)(1) of such Act”; and

(B)

in paragraph (3)(C)(ii)(I)(bb), by striking “ section 9101” and inserting “ section 8101”.

(3)

Section 612(a) (20 U.S.C. 1412(a)) is amended—

(A)

in paragraph (15)—

(i)

in subparagraph (A), by striking clause (ii) and inserting the following:

“(ii) are the same as the State’s long-term goals and measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965;”

(ii)

in subparagraph (B), by striking “ including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)” and inserting “ including measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i)”; and

(B)

in paragraph (16)(C)(ii)—

(i)

in subclause (I), by striking “ State’s challenging academic content standards and challenging student academic achievement standards” and inserting “ challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement standards under section 1111(b)(1)(E) of such Act”; and

(ii)

in subclause (II), by striking “ the regulations promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “ section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965,”.

(4)

Section 613(a) (20 U.S.C. 1413(a)) is amended in paragraph (3), by striking “ subject to the requirements of section 612(a)(14) and section 2122 of the Elementary and Secondary Education Act of 1965” and inserting “ subject to the requirements of section 612(a)(14) and section 2102(b) of the Elementary and Secondary Education Act of 1965”.

(5)

Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is amended by inserting “ , as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act” after “ 1965”.

(6)

Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is amended by striking “ and 2112,” and inserting “ and 2101(d)”.

(7)

Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by striking “ and 2112,” and inserting “ and 2101(d),”.

(8)

Section 654 (20 U.S.C. 1454) is amended—

(A)

in subsection (a)—

(i)

in paragraph (1)(B), by striking “ challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ challenging State academic achievement standards and with the requirements for professional development, as defined in section 8101 of such Act”; and

(ii)

in paragraph (5)(A), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

in subsection (b)(10), by inserting “ (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act)” after “ 1965”.

(9)

Section 662(b)(2)(A)(viii) (20 U.S.C. 1462(b)(2)(A)(viii)) is amended by striking “ section 7113(d)(1)(A)(ii)” and inserting “ section 6113(d)(1)(A)(ii)”.

(10)

Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by striking and inserting the following:

“(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;”

(11)

Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is amended by striking “ payments under title VIII of the Elementary and Secondary Education Act of 1965;” and inserting “ payments under title VII of the Elementary and Secondary Education Act of 1965;”.

(tt)

National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is amended by striking “ section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965);”.

(uu)

Internal Revenue Code of 1986.— The Internal Revenue Code of 1986 is amended as follows:

(1)

Section 54E(d)(2) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 457(e)(11)(D)(ii)(I) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(3)

Section 1397E(d)(4)(B) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(vv)

James Madison Memorial Fellowship Act.— Section 815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by striking “ 9101” and inserting “ 8101”.

(ww)

John Warner National Defense Authorization Act for Fiscal Year 2007.— Section 572(c) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2226) is amended by striking “ section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(xx)

Legislative Branch Appropriations Act, 1987.— Section 104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591) (2 U.S.C. 5540(3)(B)(ii)) is amended by striking “ given such terms in section 9101” and inserting “ given the terms elementary school and secondary school in section 8101”.

(yy)

Legislative Branch Appropriations Act, 1997.— Section 5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 66319(d)(1)) is amended by striking “ public elementary or secondary school as such terms are defined in section 9101” and inserting “ elementary school or secondary school, as such terms are defined in section 8101”.

(zz)

McKinney-Vento Homeless Assistance Act.— Section 725(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(3)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(aaa)

Museum and Library Services Act.— The Museum and Library Services Act (20 U.S.C. 9161 et seq.) is amended as follows:

(1)

Section 204(f) (20 U.S.C. 9103(f)) is amended by striking paragraph (1) and inserting the following:

“(1) activities under section 2226 of the Elementary and Secondary Education Act of 1965;”

(2)

Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is amended by striking “ including coordination with the activities within the State that are supported by a grant under section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383)” and inserting “ including coordination with the activities within the State that are supported by a grant under section 2226 of the Elementary and Secondary Education Act of 1965”.

(3)

Section 261 (20 U.S.C. 9161) is amended by striking “ represent Native Hawaiians (as the term is defined in section 7207 of the Native Hawaiian Education Act” and inserting “ represent Native Hawaiians (as the term is defined in section 6207 of the Native Hawaiian Education Act)”.

(4)

Section 274(d) (20 U.S.C. 9173(d)) is amended by striking “ represent Native Hawaiians (as defined in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),” and inserting “ represent Native Hawaiians (as defined in section 6207 of the Native Hawaiian Education Act),”.

(bbb)

National and Community Service Act of 1990.— The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as follows:

(1)

Section 101 (42 U.S.C. 12511) is amended—

(A)

in paragraph (15), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(B)

in paragraph (24), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (39), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(D)

in paragraph (45), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is amended by striking “ not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “ implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”.

(3)

Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is amended by striking “ the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “ the four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(4)

Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in subparagraph (C)(iii), by striking “ secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “ four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(ccc)

National Defense Authorization Act for Fiscal Year 2006.— Section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b) is amended—

(1)

in subsection (a)(2), by striking “ section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).” and inserting “ section 7003(a)(1) of the Elementary and Secondary Education Act of 1965.”; and

(2)

in subsection (e)(2), by striking “ section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “ section 7013(9) of the Elementary and Secondary Education Act of 1965.”.

(ddd)

National Defense Authorization Act for Fiscal Year 2012.— Section 532(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) is amended by striking “ (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965).”.

(eee)

National Defense Authorization Act for Fiscal Year 2014.— Section 573 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) (10 U.S.C. 503 note; 127 Stat. 772) is amended—

(1)

in subsection (a)(1), by striking “ (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)),” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”; and

(2)

in subsection (b), by striking “ (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(fff)

National Environmental Education Act.— Section 3(5) of the National Environmental Education Act (20 U.S.C. 5502(5)) is amended by striking “ ‘local educational agency’ means any education agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;” and inserting “ ‘local educational agency’ means any education agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;”.

(ggg)

National Science Foundation Authorization Act of 2002.— The National Science Foundation Authorization Act of 2002 (Public Law 107–368; 116 Stat. 3034) is amended as follows:

(1)

Section 4 (42 U.S.C. 1862n note) is amended—

(A)

in paragraph (3), by striking “ The term ‘community college’ has the meaning given such term in section 3301(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011(3))” and inserting “ The term ‘community college’ means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 that provides not less than a 2-year degree that is acceptable for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the Tribally Controlled College or University Assistance Act of 1978”;

(B)

in paragraph (5), by striking “ section 9101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(18))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(C)

in paragraph (10), by striking “ section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(D)

in paragraph (13), by striking “ section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(E)

in paragraph (15), by striking “ section 9101(41) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(41))” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 9 (42 U.S.C. 1862n) is amended—

(A)

in subsection (a)(10)(A)(iii) in subclause (III), by striking “ (as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(a)(1))” and inserting “ (as described in section 1114(a)(1)(A))”; and

(B)

in subsection (c)(4), by striking “ the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)” and inserting “ other programs with similar purposes”.

(hhh)

National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended by striking “ (as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)))” and inserting “ (as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(iii)

Native American Languages Act.— Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended—

(1)

in paragraph (2), by striking “ section 7151(3) of the Elementary and Secondary Education Act of 1965” and inserting “ section 6151(3) of the Elementary and Secondary Education Act of 1965”; and

(2)

in paragraph (3), by striking “ section 7207 of the Elementary and Secondary Education Act of 1965” and inserting “ section 6207 of the Elementary and Secondary Education Act of 1965”.

(jjj)

Native Hawaiian Health Care Improvement Act.— Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705(c)(4)) is amended by striking “ private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7207 of that Act (20 U.S.C. 7517)) first and to others” and inserting “ private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) first and to others”.

(kkk)

Public Health Service Act.— The Public Health Service Act is amended as follows:

(1)

Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d–3a(b)(2)(A)(vii)) is amended by striking “ including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965)” and inserting “ including State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(2)

Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(3)

Section 520E(l)(2) (42 U.S.C. 290bb–36(l)(2)) is amended by striking “ elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(lll)

Refugee Education Assistance Act of 1980.— Section 101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “ such terms under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ such terms under section 8101 of the Elementary and Secondary Education Act of 1965”.

(mmm)

Rehabilitation Act of 1973.— The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended as follows:

(1)

Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “ (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and”.

(2)

Section 206 (29 U.S.C. 766) is amended by striking “ (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “ (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(3)

Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended by striking “ (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

(4)

(A)

Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by section 458 of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676), is amended by striking “ local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or a State educational agency (as defined in such section)” and inserting “ local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) or a State educational agency (as defined in such section)”.

(B)

The amendment made by subparagraph (A) shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676) takes effect, and as if enacted as part of such section.

(nnn)

Richard B. Russell National School Lunch Act.— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(ooo)

Safe Drinking Water Act.— Section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–21(3)) is amended—

(1)

in paragraph (3), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(2)

in paragraph (6), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(ppp)

Scholarships for Opportunity and Results Act.— The Scholarships for Opportunity and Results Act (division C of Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code) is amended as follows:

(1)

In section 3003 (sec. 38–1853.03, D.C. Official Code), by striking “ identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “ implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”.

(2)

In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking “ identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “ implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”.

(3)

In section 3007 (sec. 38–1853.07, D.C. Official Code)—

(A)

in subsection (a)(4)(F), by striking “ ensures that, with respect to core academic subjects (as such term is defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))” and inserting “ ensures that, with respect to core academic subjects (as such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(11)) on the day before the date of enactment of the Every Student Succeeds Act)”; and

(B)

in subsection (d), by striking “ identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “ implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”.

(4)

In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official Code)—

(A)

in paragraph (5), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

in paragraph (8), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(qqq)

Social Security Act.— The Social Security Act (42 U.S.C. 301 et seq.) is amended as follows:

(1)

Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is amended by striking “ local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ local educational agencies (as defined under section 8101 of the Elementary and Secondary Education Act of 1965)”.

(2)

Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) is amended by striking “ as defined under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ as defined under section 8101 of the Elementary and Secondary Education Act of 1965”.

(rrr)

State Dependent Care Development Grants Act.— Section 670G(6) of the State Dependent Care Development Grants Act (42 U.S.C. 9877(6)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(sss)

Stevenson-Wydler Technology Innovation Act of 1980.— Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended—

(1)

in subparagraph (D), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(2)

in subparagraph (G), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(3)

in subparagraph (H), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(ttt)

Telecommunications Act of 1996.— Section 706(d)(2) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(uuu)

Title 10, United States Code.— Title 10, United States Code, is amended as follows:

(1)

Section 503 of title 10, United States Code, is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 1154(a) of title 10, United States Code, is amended—

(A)

in paragraph (1), by striking “ section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1))” and inserting “ section 4310 of the Elementary and Secondary Education Act of 1965”;

(B)

in paragraph (3)(C), by striking “ section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b))” and inserting “ section 5211(b) of the Elementary and Secondary Education Act of 1965”; and

(C)

(3)

Section 2008 of title 10, United States Code, is amended by striking “ section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708)” and inserting “ section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act”.

(4)

Section 2194(f)(2) of title 10, United States Code, is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(vvv)

Title 23, United States Code.— Section 504(d)(4) of title 23, United States Code, is amended—

(1)

in subparagraph (B), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(2)

in subparagraph (C), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(www)

Title 40, United States Code.— Section 502(c)(3)(C) of title 40, United States Code, is amended by striking “ section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)” and inserting “ section 7013 of the Elementary and Secondary Education Act of 1965”.

(xxx)

Toxic Substances Control Act.— The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended as follows:

(1)

Section 202 (15 U.S.C. 2642) is amended—

(A)

in paragraph (7), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”;

(B)

in paragraph (9), by striking “ any elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “ any elementary school or secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and

(C)

in paragraph (12), by striking “ elementary or secondary school as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 302(1) (15 U.S.C. 2662(1)) is amended by striking “ section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(yyy)

Workforce Innovation and Opportunity Act.— The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended as follows:

(1)

Section 3 (29 U.S.C. 3102) is amended—

(A)

in paragraph (34), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”; and

(B)

in paragraph (55), by striking “ section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “ section 8101 of the Elementary and Secondary Education Act of 1965”.

(2)

Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 3112(b)(2)(D)(ii)(I)) is amended by striking “ with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))” and inserting “ with challenging State academic standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”.

(3)

Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is amended by striking “ (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311))” and inserting “ (based on challenging State academic standards established under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”.

(4)

Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by striking “ section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).” and inserting “ section 6207 of the Native Hawaiian Education Act.”.

Title IX — Education for the Homeless and Other Laws