US Codex
Pub. L.
Notes

Title VIII — General Provisions

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

TITLE VIII General Provisions

SEC. 8001. General Provisions.

(a)
Title IX Redesignations.— Title IX (20 U.S.C. 7801 et seq.) (as amended by sections 2001 and 4001 of this Act) is redesignated as title VIII and further amended—
(1)
by redesignating sections 9101 through 9103 as sections 8101 through 8103, respectively;
(2)
by redesignating sections 9201 through 9204 as sections 8201 through 8204, respectively;
(3)
by redesignating sections 9301 through 9306 as sections 8301 through 8306, respectively;
(4)
by redesignating section 9401 as section 8401;
(5)
by redesignating sections 9501 through 9506 as sections 8501 through 8506, respectively;
(6)
by redesignating sections 9521 through 9537 as sections 8521 through 8537, respectively;
(7)
by redesignating sections 9541 through 9548 as sections 8551 through 8558, respectively;
(8)
by redesignating section 9551 as 8561;
(9)
by redesignating sections 9561 through 9564 as sections 8571 through 8574, respectively; and
(10)
by redesignating section 9601 as section 8601.
(b)
Structural and Conforming Amendments.— Title VIII (as redesignated by subsection (a) of this section) is further amended—
(1)
by redesignating parts E and F as parts F and G, respectively;
(2)
by striking “ 9305” each place it appears and inserting “ 8305”;
(3)
by striking “ 9302” each place it appears and inserting “ 8302”; and
(4)
by striking “ 9501” each place it appears and inserting “ 8501”.

SEC. 8002. Definitions.

Section 8101, as redesignated and amended by section 8001 of this Act, is further amended—
(1)
by striking paragraphs (3), (11), (19), (23), (35), (36), (37), and (42);
(2)
by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and (50), respectively, and by transferring such paragraph (20) (as so redesignated) so as to follow such paragraph (19) (as so redesignated);
(3)
by striking paragraphs (11) and (12) (as so redesignated by paragraph (2)) and inserting the following:

“(11) Covered program.—The term ‘covered program’ means each of the programs authorized by—

“(A) part A of title I;

“(B) part C of title I;

“(C) part D of title I;

“(D) part A of title II;

“(E) part A of title III;

“(F) part A of title IV;

“(G) part B of title IV; and

“(H) subpart 2 of part B of title V.

“(12) Current expenditures.—The term ‘current expenditures’ means expenditures for free public education—

“(A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but

“(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I.”

(4)
by inserting after paragraph (14) (as so redesignated by paragraph (2)) the following:

“(15) Dual or concurrent enrollment program.—The term ‘dual or concurrent enrollment program’ means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that—

“(A) is transferable to the institutions of higher education in the partnership; and

“(B) applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

“(16) 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).

“(17) Early college high school.—The term ‘early college high school’ means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family.”

(5)
in paragraph (20) (as so redesignated and transferred by paragraph (2))—
(A)
in the paragraph heading, by striking “ Limited english proficient” and inserting “ English learner”;
(B)
in the matter preceding subparagraph (A), by striking “ limited English proficient” and inserting “ English learner”; and
(C)
in subparagraph (D)(i), by striking “ State’s proficient level of achievement on State assessments described in section 1111(b)(3)” and inserting “ challenging State academic standards”;
(6)
by inserting after paragraph (20) (as so redesignated and transferred by paragraph (2)), the following:

“(21) Evidence-based.—

“(A) In general.—Except as provided in subparagraph (B), the term ‘evidence-based’, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that—

“(i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on—

“(I) strong evidence from at least 1 well-designed and well-implemented experimental study;

“(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or

“(III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or

“(ii)

(I) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and

“(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

“(B) Definition for specific activities funded under this act.—When used with respect to interventions or improvement activities or strategies funded under section 1003, the term ‘evidence-based’ means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i).

“(22) Expanded learning time.—The term ‘expanded learning time’ means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for—

“(A) activities and instruction for enrichment as part of a well-rounded education; and

“(B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects.

“(23) Extended-year adjusted cohort graduation rate.—

“(A) In general.—The term ‘extended-year adjusted cohort graduation rate’ means the fraction—

“(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by—

“(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and

“(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and

“(ii) the numerator of which—

“(I) consists of the sum of—

“(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of—

“(AA) one or more additional years beyond the fourth year of high school; or

“(BB) a summer session immediately following the additional year of high school; and

“(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is—

“(AA) standards-based;

“(BB) aligned with the State requirements for the regular high school diploma; and

“(CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)); and

“(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

“(B) Cohort removal.—To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.

“(C) Transferred out.—For purposes of this paragraph, the term ‘transferred out’ has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C).

“(D) Special rules.—

“(i) Schools starting after grade 9.—For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).

“(ii) Very small schools.—A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by—

“(I) averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or

“(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.”

(7)
by inserting after paragraph (24) (as so redesignated by paragraph (2)) the following:

“(25) Four-year adjusted cohort graduation rate.—

“(A) In general.—The term ‘four-year adjusted cohort graduation rate’ means the fraction—

“(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543), adjusted by—

“(I) adding the students who joined that cohort, after the date of the determination of the original cohort; and

“(II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and

“(ii) the numerator of which—

“(I) consists of the sum of—

“(aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of—

“(AA) the fourth year of high school; or

“(BB) a summer session immediately following the fourth year of high school; and

“(bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is—

“(AA) standards-based;

“(BB) aligned with the State requirements for the regular high school diploma; and

“(CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1); and

“(II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

“(B) Cohort removal.—To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased.

“(C) Transferred out.—

“(i) In general.—For purposes of this paragraph, the term ‘transferred out’ means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to—

“(I) another school from which the student is expected to receive a regular high school diploma; or

“(II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb).

“(ii) Confirmation requirements.—

“(I) Documentation required.—The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled.

“(II) Lack of confirmation.—A student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort.

“(iii) Programs not providing credit.—Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort.

“(D) Special rules.—

“(i) Schools starting after grade 9.—For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543).

“(ii) Very small schools.—A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by—

“(I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or

“(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section.”

(8)
by inserting after paragraph (27) (as so redesignated by paragraph (2)) the following:

“(28) High school.—The term ‘high school’ means a secondary school that—

“(A) grants a diploma, as defined by the State; and

“(B) includes, at least, grade 12.”

(9)
in paragraph (30) (as so redesignated by paragraph (2)), in subparagraph (C)—
(A)
by striking the subparagraph designation and heading and inserting “ (C) bureau of indian education schools.—”; and
(B)
by striking “ Affairs” both places the term appears and inserting “ Education”;
(10)
by inserting after paragraph (31) (as redesignated by paragraph (2)) the following:

“(32) Middle grades.—The term middle grades means any of grades 5 through 8.

“(33) Multi-tier system of supports.—The term ‘multi-tier system of supports’ means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking.”

(11)
in paragraph (35) (as so redesignated by paragraph (2)), by striking “ pupil services” and inserting “ specialized instructional support”;
(12)
by striking paragraph (36) (as so redesignated by paragraph (2)) and inserting the following:

“(36) Outlying area.—The term ‘outlying area’—

“(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands;

“(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and

“(C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 (Public Law 108–188; 117 Stat. 2751).”

(13)
by inserting after paragraph (36) (as so redesignated by paragraph (2)), the following:

“(37) Paraprofessional.—The term ‘paraprofessional’, also known as a ‘paraeducator’, includes an education assistant and instructional assistant.”

(14)
in paragraph (39) (as so redesignated by paragraph (2))—
(A)
in subparagraph (C), by inserting “ and” after the semicolon; and
(B)
in subparagraph (D), by striking “ section 1118” and inserting “ section 1116”;
(15)
by inserting after paragraph (39) (as so redesignated by paragraph (2)) the following:

“(40) Pay for success initiative.—The term ‘pay for success initiative’ means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include—

“(A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness;

“(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes;

“(C) an annual, publicly available report on the progress of the initiative; and

“(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B).”

(16)
by striking paragraph (42) (as so redesignated by paragraph (2)) and inserting the following:

“(42) Professional development.—The term ‘professional development’ means activities that—

“(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and

“(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that—

“(i) improve and increase teachers’—

“(I) knowledge of the academic subjects the teachers teach;

“(II) understanding of how students learn; and

“(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;

“(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;

“(iii) allow personalized plans for each educator to address the educator’s specific needs identified in observation or other feedback;

“(iv) improve classroom management skills;

“(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;

“(vi) advance teacher understanding of—

“(I) effective instructional strategies that are evidence-based; and

“(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;

“(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;

“(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act;

“(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;

“(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;

“(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;

“(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;

“(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;

“(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;

“(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;

“(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;

“(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and

“(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.”

(17)
by inserting after paragraph (42) (as so redesignated by paragraph (2)) the following:

“(43) Regular high school diploma.—The term ‘regular high school diploma’—

“(A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and

“(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

“(44) School leader.—The term ‘school leader’ means a principal, assistant principal, or other individual who is—

“(A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and

“(B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building.”

(18)
by inserting after paragraph (46) (as so redesignated by paragraph (2)) the following:

“(47) Specialized instructional support personnel; specialized instructional support services.—

“(A) Specialized instructional support personnel.—The term ‘specialized instructional support personnel’ means—

“(i) school counselors, school social workers, and school psychologists; and

“(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive program to meet student needs.

“(B) Specialized instructional support services.—The term ‘specialized instructional support services’ means the services provided by specialized instructional support personnel.”

(19)
by striking the undesignated paragraph between paragraph (47) (as inserted by paragraph (18)) and paragraph (49) (as so redesignated by paragraph (2)) and inserting the following:

“(48) State.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.”

(20)
by striking paragraph (50) (as so redesignated by paragraph (2)) and inserting the following:

“(50) Technology.—The term ‘technology’ means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.”

; and

(21)
by adding at the end the following:

“(51) Universal design for learning.—The term ‘universal design for learning’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

“(52) Well-rounded education.—The term ‘well-rounded education’ means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.”

SEC. 8003. Applicability of Title.

Section 8102, as redesignated by section 8001 of this Act, is further amended by striking “ Parts B, C, D, and E of this title do not apply to title VIII” and inserting “ Parts B, C, D, E, and F of this title do not apply to title VII”.

SEC. 8004. Applicability to Bureau of Indian Education Operated Schools.

Section 8103, as redesignated by section 8001 of this Act, is amended—
(1)
in the section heading, by striking “ bureau of indian affairs” and inserting “ bureau of indian education”; and
(2)
by striking “ Bureau of Indian Affairs” each place the term appears and inserting “ Bureau of Indian Education”.

SEC. 8005. Consolidation of State Administrative Funds for Elementary and Secondary Education Programs.

Section 8201(b)(2), as redesignated by section 8001 of this Act, is amended—
(1)
in subparagraph (G), by striking “ and” after the semicolon;
(2)
in subparagraph (H), by striking the period and inserting “ ; and”; and
(3)
by adding at the end the following:

“(I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function.”

SEC. 8006. Consolidation of Funds for Local Administration.

Section 8203, as redesignated by section 8001 of this Act, is amended—
(1)
in subsection (b), by striking “ Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State” and inserting “ A State”; and
(2)
by striking subsection (d) and inserting the following:

“(d) Uses of Administrative Funds.—

“(1) In general.—A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 8201(b)(2).

“(2) Fiscal support teams.—A local educational agency that uses funds as described in section 8201(b)(2)(I) may contribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds.”

SEC. 8007. Consolidated Set-Aside for Department of the Interior Funds.

Section 8204, as redesignated and amended by section 8001 of this Act, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking “ part A of title VII” and inserting “ part A of title VI”; and
(B)
in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) Contents.—The agreement shall—

“(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and

“(ii) be developed in consultation with Indian tribes.”

; and

(2)
by adding at the end the following:

“(c) Accountability System.—

“(1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools.

“(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served.

“(3) Technical assistance.—The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2).”

SEC. 8008. Department Staff.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by adding after section 8204 the following:

“SEC. 8205. DEPARTMENT STAFF.

“The Secretary shall—

“(1) not later than 60 days after the date of enactment of the Every Student Succeeds Act, identify the number of Department full-time equivalent employees who worked on or administered each education program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, and publish such information on the Department’s website;

“(2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, that has been eliminated or consolidated since such date of enactment;

“(3) not later than 1 year after such date of enactment, reduce the workforce of the Department by the number of full-time equivalent employees the Department identified under paragraph (2); and

“(4) not later than 1 year after such date of enactment, report to Congress on—

“(A) the number of full-time equivalent employees associated with each program or project authorized under this Act and administered by the Department;

“(B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects described in paragraph (2);

“(C) how the Secretary has reduced the number of full-time equivalent employees as described in paragraph (3);

“(D) the average salary of the full-time equivalent employees described in subparagraph (B) whose positions were eliminated; and

“(E) the average salary of the full-time equivalent employees who work on or administer a program or project authorized by the Department under this Act, disaggregated by employee function within each such program or project.”

SEC. 8009. Optional Consolidated State Plans or Applications.

Section 8302(b)(1), as redesignated by section 8001 of this Act, is amended by striking “ nonprofit”.

SEC. 8010. General Applicability of State Educational Agency Assurances.

Section 8304(a)(2), as redesignated by section 8001 of this Act, is amended by striking “ nonprofit” and inserting “ eligible” each place the term appears.

SEC. 8011. Rural Consolidated Plan.

Section 8305, as redesignated and amended by section 8001 of this Act, is amended by adding at the end the following:

“(e) Rural Consolidated Plan.—

“(1) In general.—Two or more eligible local educational agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf.

“(2) Eligible local educational agency.—For the purposes of this subsection, the term ‘eligible local educational agency’ means a local educational agency that is an eligible local educational agency under part B of title V.”

SEC. 8012. Other General Assurances.

Section 8306(a), as redesignated and amended by section 8001 of this Act, is further amended—
(1)
in the matter preceding paragraph (1), by striking “ whether separately or pursuant to section 8305,”; and
(2)
in paragraph (2), by striking “ nonprofit” each place it appears and inserting “ eligible”.

SEC. 8013. Waivers of Statutory and Regulatory Requirements.

Section 8401, as redesignated by section 8001 of this Act, is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) In General.—

“(1) Request for waiver by state or indian tribe.—A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act.

“(2) Local educational agency and school requests submitted through the state.—

“(A) Request for waiver by local educational agency.—A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate.

“(B) Request for waiver by school.—An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate.

“(3) Receipt of waiver.—Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection.”

(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A)—
(I)
by striking “ , local educational agency,” and inserting “ , acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2),”; and
(II)
by inserting “ , which shall include a plan” after “ to the Secretary”;
(ii)
by redesignating subparagraph (E) as subparagraph (F);
(iii)
by striking subparagraphs (B), (C), and (D) and inserting the following:

“(B) describes which Federal statutory or regulatory requirements are to be waived;

“(C) describes how the waiving of such requirements will advance student academic achievement;

“(D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan;

“(E) includes only information directly related to the waiver request; and”

; and

(iv)
in subparagraph (F), as redesignated by clause (ii), by inserting “ and, if the waiver relates to provisions of subsections (b) or (h) of section 1111, describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi)” after “ waivers are requested”;
(B)
in paragraph (2)(B)(i)(II), by striking “ (on behalf of, and based on the requests of, local educational agencies)” and inserting “ (on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State)”;
(C)
in paragraph (3)—
(i)
in subparagraph (A)—
(I)
in the matter preceding clause (i), by inserting “ or on behalf of local educational agencies in the State under subsection (a)(2),” after “ acting on its own behalf,”; and
(II)
by striking clauses (i) through (iii) and inserting the following:

“(i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency;

“(ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and

“(iii) provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public.”

; and

(ii)
in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:

“(i) the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and

“(ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public.”

(D)
by adding at the end the following:

“(4) Waiver determination, demonstration, and revision.—

“(A) In general.—The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that—

“(i) the waiver request does not meet the requirements of this section;

“(ii) the waiver is not permitted under subsection (c);

“(iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or

“(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan.

“(B) Waiver determination and revision.—Upon the initial determination of disapproval under subparagraph (A), the Secretary shall—

“(i) immediately—

“(I) notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and

“(II) provide detailed reasons for such determination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Department’s website;

“(ii) offer the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and

“(iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission.

“(C) Waiver disapproval.—The Secretary may ultimately disapprove a waiver request if—

“(i) the State educational agency, local educational agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and

“(ii) the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe—

“(I) does not revise and resubmit the waiver request; or

“(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested.

“(D) External conditions.—The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.”

(3)
in subsection (c)—
(A)
in paragraph (1), by inserting “ , Indian tribes” after “ local educational agencies”;
(B)
in paragraph (8), by striking “ subpart 1 of part B of title V” and inserting “ part C of title IV”; and
(C)
by striking paragraph (9) and inserting the following:

“(9) the prohibitions—

“(A) in subpart 2 of part F;

“(B) regarding use of funds for religious worship or instruction in section 8505; and

“(C) regarding activities in section 8526; or”

(4)
in subsection (d)—
(A)
in the subsection heading, by adding “ ; Limitations” after “ Waiver”;
(B)
in paragraph (2), in the matter preceding subparagraph (A), by striking “ Secretary determines” and inserting “ State demonstrates”; and
(C)
by adding at the end the following:

“(3) Specific limitations.—The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to—

“(A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States;

“(B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or

“(C) include in, or delete from, such waiver request any specific elements of—

“(i) State academic standards;

“(ii) academic assessments;

“(iii) State accountability systems; or

“(iv) teacher and school leader evaluation systems.”

(5)
by striking subsection (e) and inserting the following:

“(e) Reports.—A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)—

“(1) the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and

“(2) how the use of the waiver has contributed to such progress.”

; and

(6)
in subsection (f), by striking “ if the Secretary determines” and all that follows through the period at the end and inserting the following:

“(A) presents a rationale and supporting information that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or

“(B) determines that the waiver is no longer necessary to achieve its original purposes.”

SEC. 8014. Approval and Disapproval of State Plans and Local Applications.

Title VIII, as amended and redesignated by section 8001 of this Act, is further amended by inserting after section 8401 the following:

“PART E— APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

“SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS.

“(a) Approval.—A plan submitted by a State pursuant to section 2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d), 4103(c), or 4203, or part C, respectively.

“(b) Disapproval Process.—

“(1) In general.—The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(c), 4203, or 8302, except after giving the State educational agency notice and an opportunity for a hearing.

“(2) Notifications.—If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d), 4103(c), or 4203, or part C, as applicable, the Secretary shall—

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

“(B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

“(C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable;

“(D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable;

“(E) conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and

“(F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant.

“(3) Response.—If the State educational agency responds to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of section 2101(d), 4103(c), or 4203, or part C, as applicable.

“(4) Failure to respond.—If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved.

“(c) Limitation.—A plan submitted under section 2101(d), 4103(c), 4203, or 8302 shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements.

“(d) Peer-review Requirements.—Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(4).

“SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY APPLICATIONS.

“(a) Approval.—An application submitted by a local educational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2102(b), 4106, or 4204(b), or part C, respectively.

“(b) Disapproval Process.—

“(1) In general.—The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4106, 4204(b) or 8305 except after giving the local educational agency notice and opportunity for a hearing.

“(2) Notifications.—If the State educational agency finds that the application submitted under section 2102(b), 4106, 4204(b) or 8305 is not in compliance, in whole or in part, with section 2102(b), 4106, or 4204(b), or part C, respectively, the State educational agency shall—

“(A) immediately notify the local educational agency of such determination;

“(B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable;

“(C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part;

“(D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable;

“(E) conduct a hearing within 30 days of the application’s resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and

“(F) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

“(3) Response.—If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency determines the application does not meet the requirements of this part.

“(4) Failure to respond.—If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved.”

SEC. 8015. Participation by Private School Children and Teachers.

Section 8501, as redesignated by section 8001 of this Act, is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (3) and inserting the following:

“(3) Special rule.—

“(A) In general.—Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner.

“(B) Ombudsman.—To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and enforce the requirements of this section.”

; and

(B)
by striking paragraph (4) and inserting the following:

“(4) Expenditures.—

“(A) In general.—Expenditures for educational services and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

“(B) Obligation of funds.—Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.

“(C) Notice of allocation.—Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this subpart that the local educational agencies have determined are available for eligible private school children.”

(2)
in subsection (b)—
(A)
in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following:

“(A) part C of title I;

“(B) part A of title II;

“(C) part A of title III;

“(D) part A of title IV; and

“(E) part B of title IV.”

; and

(B)
by striking paragraph (3); and
(3)
in subsection (c)—
(A)
in the matter preceding subparagraph (A), by striking “ To ensure” and all that follows through “ such as” and inserting “ To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, on issues such as”;
(B)
in paragraph (1)—
(i)
in subparagraph (E)—
(I)
by striking “ and the amount” and inserting “ , the amount”; and
(II)
by striking “ services; and” and inserting “ services, and how that amount is determined;”;
(ii)
in subparagraph (F)—
(I)
by striking “ contract” after “ provision of”; and
(II)
by striking the period at the end and inserting “ ; and”; and
(iii)
by adding at the end the following:

“(G) whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party contractor; and

“(H) whether to provide equitable services to eligible private school children—

“(i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(C) based on all the children from low-income families in a participating school attendance area who attend private schools; or

“(ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(C) based on the number of children from low-income families who attend private schools.”

; and

(4)
by adding at the end the following:

“(5) Documentation.—Each local educational agency shall maintain in the agency’s records, and provide to the State educational agency involved, a written affirmation signed by officials of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency.

“(6) Compliance.—

“(A) In general.—If the consultation required under this section is with a local educational agency or educational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by this section.

“(B) Procedure.—If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials.

“(C) Services.—A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and institutions, if the appropriate private school officials have—

“(i) requested that the State educational agency provide such services directly; and

“(ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency.”

SEC. 8016. Standards for By-Pass.

Section 8502(a)(2), as redesignated and amended by section 8001 of this Act, is further amended by striking “ 9503, and 9504” and inserting “ 8503, and 8504”.

SEC. 8017. Complaint Process for Participation of Private School Children.

Section 8503, as redesignated and amended by section 8001 of this Act, is further amended by striking subsections (a) and (b) and inserting the following:

“(a) Procedures for Complaints.—The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 8501 by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days.

“(b) Appeals to Secretary.—The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.”

SEC. 8018. By-Pass Determination Process.

Section 8504(a)(1)(A), as redesignated by section 8001 of this Act, is amended by striking “ 9502” and inserting “ 8502”.

SEC. 8019. Maintenance of Effort.

Section 8521, as redesignated by section 8001 of this Act, is amended—
(1)
in subsection (a), by inserting “ , subject to the requirements of subsection (b)” after “ for the second preceding fiscal year”;
(2)
in subsection (b)(1), by inserting before the period at the end the following: “ , if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years”; and
(3)
in subsection (c)(1), by inserting “ or a change in the organizational structure of the local educational agency” after “ , such as a natural disaster”.

SEC. 8020. Prohibition Regarding State Aid.

Section 8522, as redesignated by section 8001 of this Act, is amended by striking “ title VIII” and inserting “ title VII”.

SEC. 8021. School Prayer.

Section 8524(a), as redesignated by section 8001 of this Act, is amended by striking “ on the Internet” and inserting “ by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner”.

SEC. 8022. Prohibited Uses of Funds.

Section 8526, as redesignated by section 8001 of this Act, is amended—
(1)
by striking the section heading and inserting “ prohibited uses of funds”;
(2)
in subsection (a)—
(A)
by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and
(B)
by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:

“(1) for construction, renovation, or repair of any school facility, except as authorized under this Act;

“(2) for transportation unless otherwise authorized under this Act;”

(3)
by striking “ (a)Prohibition.—None of the funds authorized under this Act shall be used” and inserting “ No funds under this Act may be used”; and
(4)
by striking subsection (b).

SEC. 8023. Prohibitions.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8526 the following:

“SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.

“(a) In General.—No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so.

“(b) Financial Support.—No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under section 8401 upon a State, local educational agency, or school’s adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards).”

SEC. 8024. Prohibitions on Federal Government and Use of Federal Funds.

Section 8527, as redesignated by section 8001 of this Act, is amended to read as follows:

“SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

“(a) General Prohibition.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.

“(b) Prohibition on Endorsement of Curriculum.—Notwithstanding any other provision of Federal law, no funds provided to the Department under this Act may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school.

“(c) Local Control.—Nothing in this section shall be construed to—

“(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities;

“(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.);

“(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or

“(4) create any legally enforceable right.

“(d) Prohibition on Requiring Federal Approval or Certification of Standards.—

“(1) In general.—Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act.

“(2) Rule of construction.—Nothing in this Act shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds.

“(3) Building standards.—Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.”

SEC. 8025. Armed Forces Recruiter Access to Students and Student Recruiting Information.

Section 8528, as redesignated by section 8001 of this Act, is amended by striking subsections (a) through (d) and inserting the following:

“(a) Policy.—

“(1) Access to student recruiting information.—Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2).

“(2) Consent.—

“(A) Opt-out process.—A parent of a secondary school student may submit a written request, to the local educational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student’s name, address, and telephone listing for such purposes without the prior written consent of the parent.

“(B) Notification of opt-out process.—Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A).

“(3) Same access to students.—Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided to institutions of higher education or to prospective employers of those students.

“(4) Rule of construction prohibiting opt-in processes.—Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A).

“(5) Parental consent.—For purposes of this subsection, whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.

“(b) Notification.—The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds Act, notify school leaders, school administrators, and other educators about the requirements of this section.

“(c) Exception.—The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.”

SEC. 8026. Prohibition on Federally Sponsored Testing.

Section 8529, as redesignated by section 8001 of this Act, is amended to read as follows:

“SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

“(a) General Prohibition.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no funds provided under this Act to the Secretary or to the recipient of any award may be used to develop, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States.

“(b) Exceptions.—Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9543(a)(6)) and administered to only a representative sample of pupils in the United States and in foreign nations.”

SEC. 8027. Limitations on National Testing or Certification for Teachers, Principals, or Other School Leaders.

Section 8530, as redesignated by section 8001 of this Act, is amended—
(1)
in the section heading, by inserting “ , principals, or other school leaders” after “ teachers”;
(2)
in the subsection heading, by inserting “ , Principals, or Other School Leaders” after “ Teachers”; and
(3)
in subsection (a)—
(A)
by inserting “ , principals, other school leaders,” after “ teachers”; and
(B)
by inserting “ , or incentive regarding,” after “ administration of”.

SEC. 8028. Prohibition on Requiring State Participation.

Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8530 the following:

“SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION.

“Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be construed to require a State to participate in any program under this Act.”

SEC. 8029. Civil Rights.

Section 8534(b), as redesignated by section 8001 of this Act, is amended—
(1)
by striking “ as defined in section 1116 of title I and part B of title V” and inserting “ as defined in section 1111(d) of title I and part C of title IV”; and
(2)
by striking “ grant under section 1116 of title I or part B of title V” and inserting “ grant under section 1111(d) of title I or part C of title IV”.

SEC. 8030. Consultation with Indian Tribes and Tribal Organizations.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.

“(a) In General.—To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency’s submission of a required plan or application for a covered program under this Act or for a program under title VI of this Act. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.

“(b) Documentation.—Each affected local educational agency shall maintain in the agency’s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.

“(c) Definitions.—In this section:

“(1) Affected local educational agency.—The term ‘affected local educational agency’ means a local educational agency—

“(A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or

“(B) that—

“(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII (as such subpart was in effect on the day before the date of enactment of the Every Student Succeeds Act) that exceeded $40,000; or

“(ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of title VI that exceeded $40,000.

“(2) Appropriate officials.—The term ‘appropriate officials’ means—

“(A) tribal officials who are elected; or

“(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.

“(d) Rule of Construction.—Nothing in this section shall be construed—

“(1) to require the local educational agency to determine who are the appropriate officials; or

“(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.

“(e) Limitation.—Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this Act.”

SEC. 8031. Outreach and Technical Assistance for Rural Local Educational Agencies.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL EDUCATIONAL AGENCIES.

“(a) Outreach.—The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act.

“(b) Technical Assistance.—If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application.”

SEC. 8032. Consultation with the Governor.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8540. CONSULTATION WITH THE GOVERNOR.

“(a) In General.—A State educational agency shall consult in a timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of State plans under titles I and II and section 8302.

“(b) Timing.—The consultation described in subsection (a) shall include meetings of officials from the State educational agency and the Governor’s office and shall occur—

“(1) during the development of such plan; and

“(2) prior to submission of the plan to the Secretary.

“(c) Joint Signature Authority.—A Governor shall have 30 days prior to the State educational agency submitting the State plan under title I or II or section 8302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without such signature.”

SEC. 8033. Local Governance.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8541. LOCAL GOVERNANCE.

“(a) Rule of Construction.—Nothing in this Act shall be construed to allow the Secretary to—

“(1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act;

“(2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or

“(3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders.

“(b) Authority Under Other Law.—Nothing in subsection (a) shall be construed to affect any authority the Secretary has under any other Federal law.”

SEC. 8034. Rule of Construction Regarding Travel to and from School.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.

“(a) In General.—Subject to subsection (b), nothing in this Act shall authorize the Secretary to, or shall be construed to—

“(1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or

“(2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate.

“(b) No Preemption of State or Local Laws.—Notwithstanding subsection (a), nothing in this section shall be construed to preempt State or local laws.”

SEC. 8035. Limitations on School-Based Health Centers.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.

“Notwithstanding section 8102, funds used for activities under this Act shall be carried out in accordance with the provision of section 399z–1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 280h–5(a)(3)(C)).”

SEC. 8036. State Control Over Standards.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8544. STATE CONTROL OVER STANDARDS.

“(a) In General.—Nothing in this Act shall be construed to prohibit a State from withdrawing from the Common Core State Standards or from otherwise revising their standards.

“(b) Prohibition.—No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts or other cooperative agreements, through waiver granted under section 8401 or through any other authority, take any action against a State that exercises its rights under subsection (a).”

SEC. 8037. Sense of Congress on Protecting Student Privacy.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

“(a) Findings.—The Congress finds as follows:

“(1) Students’ personally identifiable information is important to protect.

“(2) Students’ information should not be shared with individuals other than school officials in charge of educating those students without clear notice to parents.

“(3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever.

“(4) Regulations allowing more access to students’ personal information could allow that information to be shared or sold by individuals who do not have the best interest of the students in mind.

“(5) The Secretary has the responsibility to ensure every entity that receives funding under this Act holds any personally identifiable information in strict confidence.

“(b) Sense of Congress.—It is the sense of the Congress that the Secretary should review all regulations addressing issues of student privacy, including those under this Act, and ensure that students’ personally identifiable information is protected.”

SEC. 8038. Prohibition on Aiding and Abetting Sexual Abuse.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

“(a) In General.—A State, State educational agency, or local educational agency in the case of a local educational agency that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

“(b) Exception.—The requirements of subsection (a) shall not apply if the information giving rise to probable cause—

“(1)

(A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and

“(B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and

“(2)

(A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;

“(B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or

“(C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

“(c) Prohibition.—The Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section.

“(d) Construction.—Nothing in this section shall be construed to prevent a State from adopting, or to override a State law, regulation, or policy that provides, greater or additional protections to prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job.”

SEC. 8039. Sense of Congress on Restoration of State Sovereignty Over Public Education.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION.

“It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this Act prior to a State or local educational agency’s request to participate in such activities.”

SEC. 8040. Privacy.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8548. PRIVACY.

“The Secretary shall require an assurance that each grantee receiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ‘Family Education Rights and Privacy Act of 1974’).”

SEC. 8041. Analysis and Periodic Review; Sense of Congress; Technical Assistance.

Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following:

“SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL GUIDANCE.

“The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include—

“(1) appropriate approval processes within the Department;

“(2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance;

“(3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and

“(4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document.

“SEC. 8549A SENSE OF CONGRESS.

“(a) Findings.—The Congress finds as follows:

“(1) This Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act.

“(2) This Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.

“(b) Sense of Congress.—It is the sense of the Congress that States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education.

“SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD CARE.

“It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use funding under this Act to offer early childhood education programs. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the content of a State’s early learning guidelines, and how to determine quality in programs.

“SEC. 8549C. TECHNICAL ASSISTANCE.

“If requested by a State or local educational agency, a regional educational laboratory under part D of the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the requirements of section 8101(21).”

SEC. 8042. Evaluations.

Section 8601, as redesignated by section 8001 of this Act, is amended to read as follows:

“SEC. 8601. EVALUATIONS.

“(a) Reservation of Funds.—Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts—

“(1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to—

“(A) conduct comprehensive, high-quality evaluations of the programs that—

“(i) are consistent with the evaluation plan under subsection (d); and

“(ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences;

“(B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on schools and local educational agencies; and

“(C) widely disseminate evaluation findings under this section related to programs authorized under this Act—

“(i) in a timely fashion;

“(ii) in forms that are understandable, easily accessible, usable, and adaptable for use in the improvement of educational practice;

“(iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and

“(iv) in a manner that promotes the utilization of such findings; and

“(2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences—

“(A) to evaluate the aggregate short- and long-term effects and cost efficiencies across—

“(i) Federal programs assisted or authorized under this Act; and

“(ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any other Federal law;

“(B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and

“(C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1).

“(b) Title I.—The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation.

“(c) Consolidation.—Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences—

“(1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and

“(2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year.

“(d) Evaluation Plan.—The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that—

“(1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities;

“(2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and

“(3) describes how programs authorized under this Act will be regularly evaluated.

“(e) Evaluation Activities Authorized Elsewhere.—If, under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program.”