Part B of title V, as redesignated and amended by section 5001 of this Act, is further amended—
(1)
in section 5211—
(A)
in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following:
“(A) Part A of title I.
“(B) Part A of title II.
“(C) Title III.
“(D) Part A or B of title IV.”
(B)
in subsection (b)(1)—
(i)
in subparagraph (A)(ii)—
(I)
by striking “ school” before “ locale code”; and
(II)
by striking “ 7 or 8, as determined by the Secretary; or” and inserting “ 41, 42, or 43, as determined by the Secretary;”;
(ii)
in subparagraph (B), by striking the period at the end and inserting “ ; or”; and
(iii)
by adding at the end the following:
“(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.”
; and
(C)
in subsection (c), by striking paragraphs (1) through (3) and inserting the following:
“(1) Part A of title II.
“(2) Part A of title IV.”
(2)
in section 5212—
(A)
in subsection (a), by striking paragraphs (1) through (5) and inserting the following:
“(1) Part A of title I.
“(2) Part A of title II.
“(3) Title III.
“(4) Part A or B of title IV.”
(B)
in subsection (b)—
(i)
by striking paragraph (1) and inserting the following:
“(1) Allocation.—
“(A) In general.—Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 5211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 5211(c) for the preceding fiscal year.
“(B) Special determination.—For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in section 5211(c), as long as a determination under this subparagraph would not disproportionately affect any State.”
(ii)
by striking paragraph (2) and inserting the following:
“(2) Determination of initial amount.—
“(A) In general.—The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.
“(B) Special rule.—For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied—
“(i) by substituting ‘$25,000’ for ‘$20,000’; and
“(ii) by substituting ‘$80,000’ for ‘$60,000’.”
; and
(iii)
by adding at the end the following:
“(4) Hold harmless.—For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, the agency shall receive—
“(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;
“(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and
“(C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.”
; and
(C)
by striking subsection (d);
(3)
by striking section 5213;
(4)
in section 5221—
(A)
in subsection (a), by striking “ section 6222(a)” and inserting “ section 5222(a)”;
(B)
in subsection (b)—
(i)
in paragraph (1)—
(I)
by striking “ (A) 20 percent” and inserting “ (A)(i) 20 percent”;
(II)
by redesignating subparagraph (B) as clause (ii);
(III)
in clause (ii) (as redesignated by subclause (II))—
(aa)
by striking “ school” before “ locale code”;
(bb)
by striking “ 6, 7, or 8” and inserting “ 32, 33, 41, 42, or 43”; and
(cc)
by striking the period at the end and inserting “ ; or”; and
(IV)
by adding at the end the following:
“(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.”
(ii)
by redesignating paragraph (2) as paragraph (3); and
(iii)
by inserting after paragraph (1) the following:
“(2) Certification.—The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.”
(C)
in subsection (c)(1) by striking “ Bureau of Indian Affairs” and inserting “ Bureau of Indian Education”;
(5)
in section 5222(a), by striking paragraphs (1) through (7) and inserting the following:
“(1) Activities authorized under part A of title I.
“(2) Activities authorized under part A of title II.
“(3) Activities authorized under title III.
“(4) Activities authorized under part A of title IV.
“(5) Parental involvement activities.”
(6)
in section 5223—
(A)
in subsection (a), by striking “ at such time, in such manner, and accompanied by such information” and inserting “ at such time and in such manner”; and
(B)
by striking subsection (b) and inserting the following:
“(b) Contents.—Each application submitted under subsection (a) shall include information on—
“(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards;
“(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include—
“(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and
“(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and
“(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 5222.”
(7)
in section 5224—
(A)
by striking the section heading and all that follows through “ Each” and inserting the following: “ report.—Each”;
(B)
by striking subsections (b) through (e);
(C)
in the matter preceding paragraph (1), by inserting “ or specially qualified agency” after “ Each State educational agency”;
(D)
by striking paragraph (1) and inserting the following:
“(1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;”
; and
(E)
by striking paragraph (3) and inserting the following:
“(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.”
(8)
by inserting after section 5224 the following:
“SEC. 5225. CHOICE OF PARTICIPATION.
“(a) In General.—If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year.
“(b) Notification.—A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification.”
; and
(9)
in section 5234, by striking “ $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,” and inserting “ $169,840,000 for each of the fiscal years 2017 through 2020,”.